Article 1. Preamble
The company has developed a website accessible at the following address https://www.agilitesolutions.com/.
Article 2. Definitions
The terms defined below shall have the following meanings between the parties:
- “access code”: refers to the username and password used to identify users with regard to the operations carried out in the site of the company Agilité.
- “remote services”: functionalities offered to users accessible within the website;
- “website”: Website operated by the company Agilité and made available to users via the Internet at https://www.agilitesolutions.com/.
- “Company”: Agilité, the company which publishes the website accessible at https://www.agilitesolutions.com/
- “user”: a capable physical person, who is legitimately connected in order to use the remote services.
Article 3. Purpose
The purpose of these general conditions is to:
- define the conditions of access and use of users of the website.
- specify the framework of the relationships between the user and the Company.
Article 4. Acceptance of the general conditions of use
The user may benefit from the remote services offered on the website subject only to accepting these general conditions.
The user declares to have obtained from the Company all the necessary information regarding the proposed remote services and accepts without reserve the present general conditions of use.
The user acknowledges that the use of the website requires compliance with all the requirements of use defined herein.
Acceptance of these terms and conditions in the form of a “checkbox” constitutes proof that the user is aware of the said provisions and entails acceptance hereof.
Article 5. Access to the website
The website is normally accessible 24 hours a day, 7 days a week and the visit of the website is free (excluding communication costs).
The Company reserves the right, without notice or compensation, to temporarily or permanently close the website or access to one or more remote services in order to, inter alia, update, modify or change operational methods, servers and hours of accessibility.
The Company reserves the right to complete or modify, at any time, its remote services and the website and depending on the evolution of the technology.
The user shall be aware of the possibilities of evolution of the computer and transmission means at his disposal and ensure that these means can adapt to the evolutions of the website and remote services proposed by the Company.
In case of interruption or inability to use the website, the user can always contact the technical assistance of the Company to obtain information.
Article 6. Security
The website is an automated data processing system. Any fraudulent access to the latter is prohibited and subject to prosecution.
The user agrees not to disrupt the functioning of the website. It undertakes in particular not to introduce viruses or any other harmful technology to website, to the remote services that are proposed to the Company.
The Company makes its best efforts, in accordance with the rules of the art, to secure the website with regard to the complexity of the Internet. It cannot provide absolute security.
The user declares to accept the characteristics and limits of the internet.
He acknowledges having knowledge of the nature of the internet network, and in particular its technical performance and response times to consult, query or transfer information data.
The user must inform the Company of any failure of the website.
The user is aware that data circulating on the internet are not necessarily protected, especially against possible diversions.
The user agrees to take all appropriate measures to protect his own data and/or software from contamination by possible viruses on the Internet network.
Article 7. User’s account
Based upon user’s usage of the service, user will be required to create an account wherein user will provide personal information.
Upon acceptance of this agreement, the Company will grant the user a right to access the service.
Accounts are granted to specific users and must not be shared with others.
Each user has their own logins. The logins supplied by the administrator to the users are confidential, unique and personal.
The user is solely responsible for the use of the logins by its users.
The user agrees that it must absolutely keep secret the logins giving access to the portal; the foregoing is subject to an obligation of result.
User can access at any time to its account and modify all the information previously entered.
You must diligently protect your account password and take all measures to prevent unauthorized access.
The Company recommends that user uses a ‘strong password’ (i.e. password with mixed upper and lower case letters, numbers and symbols, that is at least eight characters long), and to change its password regularly.
User is responsible for maintaining and promptly updating its account information with the Company for adequacy, accuracy and completeness.
User undertakes not to provide any false information, or create an account for any other entity than the one it represents.
User agrees (a) to keep its password secure, (b) not to share its password, nor let anyone else access its account, or do anything else that might jeopardize the security of its account, (c) regularly modify its password, (d) not to use another party’s account, and (e) to refrain from selling, trading, or otherwise transferring its account to another party.
Any use of its account shall be considered as used by the user. So, the user is fully responsible for all activities that occur under its account.
In case of any unauthorized use of its account or any breach of security, the following procedure shall apply:
- User shall immediately change its account password;
- User shall immediately notify the Company by email;
- Upon receipt of such notification the Company shall use commercially reasonable efforts to secure access to the user’s account
Any breaches of the provisions shall entitle the Company to terminate these terms and conditions immediately without prejudice to any damages the Company could claim against user hereunder.
Article 8. Liability
8.1. Liability of the Company
The Company is bound by an obligation of means with regard to the continuity of remote services and the execution of these general conditions.
The Company does not guarantee the adequacy between the remote services and the expectations of the user.
The Company does not guarantee that the proposed remote services will be continuous, without temporary or permanent interruption, without suspension or error.
Given the diversity of sources of data about the user, the terms of their consultation and the time required to complete their transmission, the Company will do its utmost to ensure the overall quality of the information disseminated and its relevance. However, it makes no guarantee as to the reliability of the information contained in the website.
The Company will endeavour to carry out its operations relating to the website in accordance with the state of the art.
The user will not be able to hold the Company liable for any delay in the information that will be given to him.
The Company cannot be responsible for the quality of remote services, the latter being offered “as is”.
Any disruption of the use of the website cannot engage the responsibility of the Company.
Except in the case of proven negligence or misconduct on the part of the Company, breaches of the confidentiality of the user’s personal data resulting from the use of his/her access codes by a third party shall not engage the Company’s liability.
The Company cannot be held liable for any direct or indirect damages resulting from the use of the remote services.
The responsibility of the Company cannot be sought or retained in case of temporary or total unavailability of all or part of the website, of a difficulty related to the response time, and in general, of any performance failure.
8.2. Liability of the user
The user undertakes to keep its login and password confidential, to use it under its responsibility and to inform immediately the Company in case of undesired disclosure.
The user undertakes to use the website and the information to which he would have access only under the conditions defined by the Company.
The user undertakes not to disrupt the use that other users could make of the website.
The user agrees not to commit any act that could compromise the computer security of the Company or of other users.
The user agrees not to interfere or interrupt the normal operation of the website.
The user agrees to indemnify the Company, its directors, employees and other agents in case of complaint, action, prosecution, conviction of the latter resulting from the non-compliance with these general conditions by the user.
The user undertakes to inform the Company of any changes to his data, including his e-mail address, and acknowledges that, failing this, he will remain solely responsible for the consequences of any nature that could result therefrom.
Article 9. Confidentiality
The Company undertakes to preserve the confidentiality of user-related information.
However, the user accepts that the Company may be required to disclose some or all of the information concerning the user, in particular to comply with the laws and regulations in force, for the purposes of legal proceedings as well as to respond to requests from the competent authorities.
Article 10. Intellectual Property
10.1. Elements belonging to the Company
These terms and conditions do not imply any transfer of any kind of intellectual property rights over the elements belonging to the Company, or over which the Company has rights, for the benefit of the user.
Only authorized use of the website is permitted.
The user acknowledges and accepts that the content of the website and inter alia, any texts, brands, drawings, models, images, photographs, logos, graphic charters, layouts, software, programs search engines, databases and domain names, and any other information or media presented by the Company, are protected by their copyright, trademark, patent and any other intellectual or industrial property rights that are attached to them according to the laws in force.
Any reproduction and/or representation, total or partial of one of these rights, without the express authorization of the Company, is prohibited and would constitute an infringement sanctioned by the articles L.335-2 et seq. of the Code of the property intellectual.
Consequently, the user is prohibited from performing any act and any deed likely to directly or indirectly infringe the intellectual property rights of the Company.
The user shall, under no circumstances, use, print or reformat the content of the website for purposes other than private or family purposes. He undertakes not to download, reproduce, transmit, sell or distribute, etc. the content of the website.
10.2. Elements uploaded by user
Assuming that the elements placed online by the user are protected by copyright or any other private right recognized by the laws in force, the user shall hold the Company harmless with regard to any remedy of any right holder.
The user grants the Company, as and when necessary, a right to use the items he uploads, which he owns and which are protected by copyright, trademark, patent and any other private rights which are or will be recognized according to the laws in force.
This right of use includes the right for the Company to reproduce, represent, adapt, translate, digitize, use for the purposes of remote services or sublicense the elements concerning the user, on any electronic communication medium in the framework of remote services.
The user authorizes the Company to modify the elements in order to respect its graphic charter or make them compatible with its technical performance or any media format provided as part of the remote services.
The right of use is granted by the user to the Company for the whole world, and for as long as these elements will be accessible online.
Article 11. Hypertext Links
The Company reserves the right to set up hyperlinks on the website giving access to web pages other than those present on the website.
The Company assumes no responsibility for the content of the information provided on third party websites for the purpose of activating the hyperlink.
Setting up a hyperlink to and/or from the website without the express prior authorization of the Company is prohibited.
Article 12.Personal Data and cookies
The Company attaches particular importance to the respect of your personal data.
Article 13. Resolution and termination
In the event of a breach of these obligations, the Company may, legitimately, without compensation and without notice, prohibit user from accessing all or part of the distance service at any time, without prejudice to the common law actions that may be available to the Company.
Article 14. Evidence of communications
The electronic acceptance of the general conditions has the same probative value between the parties as the paper agreement.
Computerized records kept in computer systems shall be kept in reasonably secure conditions and considered evidence of communications between the parties.
The archiving of contractual documents is done on a reliable and durable medium that can be produced as evidence.
Article 15. Applicable law
This contract is governed by French law.
This is the case for the substantive rules and the rules of form, notwithstanding the places of performance of the substantive or ancillary obligations.
Article 16. Jurisdiction
IN CASE OF DISPUTE, COMPETENCE IS EXPRESSELY ASSIGNED TO THE ADMINISTRATIVE TRIBUNAL OF PARIS, NOTWITHSTANDING PLURALITY OF DEFENDERS OR CALL IN GUARANTEE, EVEN FOR EMERGENCY PROCEDURES OR FOR CONSERVATORY PROCEEDINGS, BY REFERENCE OR BY APPLICATION.