Introduction
This website, accessible at the URL https://1clusif.org (the “Site”), is published by: the association 1Clusif, registered with the prefecture/sub-prefecture of 13 – Marseille Prefecture under number W133035849, having its registered office at 6 rue Jean-Baptiste Reboul – Le Palladium Bât B 13010 MARSEILLE, represented by Jérôme SAVAJOLS duly authorized
Publication director: Jérôme SAVAJOLS Contact: contact@1clusif.org Host: Scaleway – 8 rue de la Ville l’Evêque, 75008 Paris
Site creation and design: In-house.
General terms of use of the website and the services offered
Preliminary article. Definitions
In these general terms of use, the following terms, used with a capital letter, shall have the following definitions:
“GTU” refers to these general terms of use of the Website of the association 1Clusif and/or of the Services offered. “Company” refers to the association 1Clusif.
“Client” refers to the client or partner of the Company with whom it has entered into a brokerage and/or service agreement, or with whom a service is being carried out.
“User” refers to the Client or its representatives, the prospect, or any person who accesses the Company’s Website.
“Services” refers to the online services offered by the Company. “Site” refers to the Company’s Website accessible at the following address: www.1clusif.org
“User” refers to the Client or its representatives.
Article 1. Purpose
The purpose of these GTU is to determine the conditions of access to and use, by the User, of the Site and/or the Services.
Access to the Site and consultation of the information it contains implies the User’s unreserved acceptance of all the provisions contained in these GTU.
As the GTU may be subject to amendments, the applicable conditions are those in force and accessible on the Site on the date the User accesses it.
Article 2. Access to services (in cases where the services require identification)
In cases where the services require identification, the User may access online Services using a username and password provided by the Company. On first connection, the User is required to accept these GTU in order to use the Services. Acceptance is materialized by a checkbox referring to these GTU. This right of access allows the User to access online Services and, in particular, to consult certain information relating to their contracts and to carry out certain related management operations.
The User is solely responsible for any use that may be made of their username and password, and is solely responsible for their confidentiality, as well as for any use of their account.
Article 3. Use of the site and/or services
Generally speaking, when using the Site and/or the Services, the User undertakes to: access or use the Site and/or the Services in good faith, in a reasonable manner and not contrary to the terms of the GTU; not to use any devices or software other than those provided by the Company intended to
(i) affect or attempt to affect the proper functioning of the Site and/or the Services it contains, or
(ii) extract, modify, consult, even in buffer or temporary memory or for individualized use, all or part of the Site;
not to access or use the Site and/or the Services provided by the Company for unlawful purposes or with the aim of causing harm to the Company’s reputation and image, or more generally of infringing the rights, in particular intellectual property rights, of the Company and/or third parties;
not to exploit, reuse, reproduce or represent all or part of the Site and/or the Services it contains, in particular for directly or indirectly commercial, collective and/or personal purposes in a form or medium not authorized by the Company; not to commercialize, directly or indirectly, access to the Site and/or the Services;
not to reproduce or represent all or part of the Site for private purposes beyond the legal exceptions provided for, in particular by the Intellectual Property Code, or with a view to direct or indirect commercialization, in particular to third parties;
not to limit access to and/or use of the Site and/or the Services;
not to modify, including in buffer or temporary memory, any mention or element of the Services and/or the content of the Site; not to contravene the provisions of articles 323-1 to 323-7 of the Penal Code punishing so-called “hacking” practices;
not to engage in acts of any kind whatsoever, such as issuing, editing, posting online or disseminating data and/or content that would be contrary to the law, would infringe public order or the rights of the Company or third parties;
not to use and/or exploit the electronic and/or postal contact details of other Users of the Site for the purpose of mass sending of solicitation emails and engaging in “spamming”.
In the event of a breach of any of these obligations, and without this list being exhaustive, the User acknowledges and accepts that the Company shall have the right to refuse them, unilaterally and without prior notice, access to all or part of the Site and/or the Services.
Article 4. Availability of the site and/or services
The Company makes its best efforts to make the Site available and accessible 24 hours a day, 7 days a week, independently of maintenance or security operations, updates or technical improvements, or to evolve its content and/or presentation.
As such, the Company is bound by an obligation of means. However, the Company reserves the possibility, when necessary, of modifying or interrupting the display, at any time, temporarily or permanently, of all or part of the information and data presented on the Site.
The User may not, at any time and for any reason whatsoever, hold the Company liable for any of the reasons referred to in this article.
In the event of unavailability of the online Services, the User may nevertheless carry out consultation and management operations directly with the Company or its representatives.
Article 5. Liability, force majeure
5.1 – User’s liability
All equipment and software necessary to access the Site and/or use the Services remain exclusively the User’s responsibility. It is up to the User to take all appropriate measures to protect their own data, computer systems and/or software from contamination by any viruses.
The User is solely responsible for their use of the Site and/or the Services they access from it, and for the truthfulness or accuracy of the data and information they provide.
The Company may in no case be held liable in the context of proceedings brought against a User found guilty of non-compliant use of the Site and/or the Services it provides.
The User acknowledges and accepts in this regard that they will personally handle any claim or proceeding brought against the Company as a result of their non-compliant use of the Services and/or the Site, or as a result of their use, in the context of using the Services, of data for which they do not hold the necessary rights and/or authorizations.
5.2 – Company’s liability
The purpose of the Site is to allow the User to learn about the products distributed by the Company and, where applicable, to access or modify information concerning the User.
The Site may contain hyperlinks to third-party websites. The placement of hyperlinks on this Site to other resources present on the Internet does not constitute an endorsement of those resources or their content and shall not engage the Company’s liability, as publisher of this Site. Any hyperlink to this Site must be the subject of prior express authorization from the Company, which reserves the possibility of having this link removed at any time. In this regard, given the evanescent nature of the content that may be disseminated there, the Company’s liability cannot be engaged in the event that the content of said third-party websites contravenes the legal and/or regulatory provisions in force.
In any event, the Company shall not be liable: in the event of unavailability of the Site and/or the Services for reasons such as the failure of the public electricity network, the failure of cable telecommunications networks, the loss of connectivity to the internet network due to public or private operators, in particular the User’s operator; in the event of use of the Site and/or the Services by a User under conditions not compliant with the terms of these GTU; within the limits of the legislation in force, for any indirect damage, including in particular loss of profit, operation, data or any other loss of intangible property, even if the Company has been informed of the potential for such damage, which may arise
(i) from the use or the impossibility of using the Services, or
(ii) following access to said Services by an unauthorized User. The Company shall not be held liable for any malfunction of any kind relating to the User’s computer equipment or their internet access connection, when accessing the Site and, more generally, the Services.
5.3 – Force majeure
The Company’s liability cannot be sought if the performance of one of its obligations is prevented or delayed due to a case of force majeure within the meaning of article 1218 of the Civil Code, and in particular natural disasters, fires, malfunctions or interruptions of the telecommunications network or the electrical network.
Article 6. Cookies
(and only in cases where cookies are used)
In order to better serve the User, the Company compiles statistics on visits to its Site.
To do this, it uses cookie technology.
A cookie is a block of data that does not allow the User to be identified but is used to record information relating to the User’s browsing on the Site. Thus, when accessing the 1clusif.org Site, cookies temporarily store information in memory or on the User’s hard drive during browsing on the Site.
The User can refuse cookies according to the procedure described at the following address: www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser. For any clarification or information regarding this notice, the User can contact contact@1clusif.org
Article 7. Complaints
For any complaint (disagreement or dissatisfaction), the User may contact their usual contact directly: by regular mail to the following address: 1Clusif – Complaints Department – 6 rue Jean-Baptiste Reboul Le Palladium Bât B; by email to contact@1clusif.org;
The Company undertakes to: acknowledge receipt of the complaint within a maximum of 10 business days of its receipt; provide a response (positive or negative) within a maximum of two months of its receipt.
If the response provided to the complaint does not satisfy you, you may refer the matter to the competent mediation service.
Article 8. Intellectual property
The Company holds all intellectual property rights to the Site, as well as all industrial property rights to the elements it contains (logos, trademarks, etc.).
Therefore, in accordance with the provisions of the Intellectual Property Code, any representation, reproduction, modification, distortion and/or exploitation, in whole or in part, of the Site, its content and/or the Services, by any process whatsoever and on any medium whatsoever, without the prior express authorization of the Company, is prohibited and constitutes an act of copyright infringement. Likewise, any unauthorized use of the Site, its content and/or the Services engages the criminal and civil liability of the User on the grounds of copyright infringement. The Company discloses the Site and the Services in order to allow access to them on the internet network, from: (i) a computer or equivalent terminal having access to one or more telecommunications networks allowing access to the Internet network and browsing software (such as Internet Explorer, Mozilla Firefox, etc.);
(ii) a telephone terminal having access to a telecommunications network allowing access to the Internet network (3G connection, Edge, etc.). Any other use of the Site and/or the Services is deemed to be reserved as of right to the Company and constitutes an infringement of its disclosure right over the Site and/or the Services. The trademarks, logos, corporate names, acronyms, trade names, signs and/or domain names of the Company and/or its business partners mentioned on the Site, allowing access to the Services made available by the Company, constitute distinctive signs that may not be used without the prior express authorization of the Company or of any third-party holders of all or part of the intellectual and industrial property rights attached to the aforementioned elements. Any representation, reproduction and/or exploitation, in whole or in part, of these distinctive signs is therefore prohibited and constitutes trademark infringement, pursuant to the provisions of the Intellectual Property Code, and usurpation of corporate name, trade name and domain name, engaging the civil liability of its author. The User acknowledges and accepts that access to the Site and/or the Services made available by the Company shall not entail any assignment or granting of intellectual property rights. The User acknowledges that the technique consisting of integrating one or more link(s) within the Site, without the Company’s agreement, in order to allow any other User to access a website not belonging to the Company, known as the “framing” technique, is prohibited.
Article 9. Protection of personal data and cookies
For any information on the protection of personal data and on the use of cookies by the Company, the User may consult the Personal data protection policy.
Article 10. Severability
In the event that one of the clauses of these GTU is declared null or unenforceable for any reason whatsoever, or by any court or authority whatsoever, even by a decision having the force of res judicata, this nullity shall in no way affect the validity of all the other clauses. The latter shall remain in force and shall be applied as if the GTU had been concluded without the invalidated clause, notwithstanding, on the one hand, any contractual indivisibility between the invalidated clause(s) and the other clauses and, on the other hand, any stipulation of the determining nature of said invalidated clause.
Article 11. Disputes
The GTU are governed by French law.
The User and the Company undertake to do everything possible to try to settle amicably any dispute that may arise from the performance of the GTU and, more generally, from the use of the Site or the Services. Failing an amicable solution within thirty (30) days of notification by registered letter with acknowledgment of receipt by one of the parties of the need to seek such a solution, any dispute between the User and the Company relating to the validity, conclusion, interpretation or performance of the GTU shall be submitted to the exclusive jurisdiction of the Commercial Court of Marseille.