Terms and conditions of use
- Scope and purpose
Access to and use of https://hability.fr/ (the " Site ") are governed by these Terms and Conditions of Use (the " T&Cs ") which set forth the terms and conditions of use of the Site and govern the relationship between H'ability, a French société par actions simplifiée, with a share capital of 5.5,000, whose registered office is located at 2 rue Gustave Eiffel, 10430 Rosières-prés-Troyes, France, registered in the Troyes Trade and Companies Register under number 893 555 342 (" H'ability ") and any Internet user who accesses or browses the Site (the " User "). These T&Cs are accessible and can be consulted at any time on the Site. The User may also print or download the GTC.
The Site allows the User to view information and content related to the solution developed by H'ability, to obtain a demonstration of the solution, and to obtain information about H'ability's activities and news.
H'ability will use reasonable efforts to ensure that the information and materials on the Site are accurate and up-to-date, but reserves the right to correct and/or modify all or part of the Site and/or these TOU at any time without notice. All changes to the TOU will be effective as of the date they are posted on the Site. By using the Site after the posting of such changes, the User agrees to accept all such changes. H'ability will notify the User of any material changes to the TOU by any means it chooses, including posting a banner on the Site.
The applicable GTUs are those in force at the date of the User's navigation on the Site. Consequently, if the User consults or browses the Site, he/she will be deemed to have read and accepted the current GTUs and to have accepted them without reservation. If the User refuses all or part of these GTU, he/she is not authorized to use or browse the Site.
2. Intellectual Property
The H'ability trademark, as well as all trademarks, whether figurative or not, and more generally any other distinctive sign appearing on the Site, whether registered or not (the " Trademarks ") are and remain the exclusive property of H'ability or have been licensed to H'ability. No right or license to use the Marks is granted to the User.
The Site and all graphic, textual, visual and photographic materials on the Site, including, without limitation, all illustrations, images, designs, photographs, typefaces, textual materials, designs, formats, data access, databases or other data organization, graphics or other materials on the Site (the " Content ") are and shall remain the exclusive property of H'ability or have been licensed to H'ability and are protected by intellectual property rights. No right or license to use the Content is granted to the User.
The Brands, the Site and/or the Content may not be modified, reproduced, represented, transmitted, distributed, displayed, sold, incorporated into a derivative work or any other type of work in any medium whatsoever. More generally, the Brands, the Site and/or the Content are provided for the personal, private and non-commercial use of the User. The use of all or part of the Brands, the Site and/or the Content, in particular by downloading, reproduction, transmission, representation or display for purposes other than those provided for in these TOU is strictly prohibited.
Subject to compliance with these TOU, H'ability grants Users a personal, non-exclusive, non-transferable right to access and use the Site, the Content and/or the Marks solely for the purposes expressly set forth in these TOU to the exclusion of any other use. Consequently, it is strictly forbidden to:
- copy, reproduce, represent/display, disseminate, distribute and/or publish, permanently or temporarily, all or part of the Site and/or the Content and/or the Brands by any means or process (in particular, caching, framing, ) and this, on any known or unknown medium;
- create derivative works from the Site and/or the Content and/or the Marks;
- modify, translate, adapt or transform all or part of the Site and/or the Content and/or the Brands;
- disassemble, decompile or reverse engineer the Site and/or the Content;
- distribute, transmit, transfer, disseminate, sell, rent, license or exploit, in any manner whatsoever, all or part of the Site and/or the Content and/or the Marks;
- attempt to perform any of the actions listed above.
3. Links to the Site - Links to third party sites
You may not create a hypertext link to the Site or to any portion of the Site without the express prior written consent of H'ability. Requests for such permission should be sent in writing to firstname.lastname@example.org. Permissions granted may be revoked at any time at the sole discretion of H'ability.
H'ability reserves the right to request the removal of any link to the Site that has not been authorized, or is no longer authorized, and to claim damages for any harm suffered as a result.
Sites that contain a hyperlink to the Site or any of its components may not all be under the control of H'ability, which therefore disclaims any responsibility (including editorial responsibility) for access to such sites and their content.
The Site may contain links to other websites or external sources (" Third Party Websites" ). Because H'ability has no control over such Third Party Websites or their content, H'ability makes no representations about the availability of such Third Party Websites or their content and disclaims any responsibility for the content, advertising, products, services or other materials on or available from such Third Party Websites. By providing links to such Third Party Sites, H'ability does not endorse, associate or make any representations about the content of such Third Party Sites. Furthermore, such links do not indicate any association between H'ability and the owners and/or authors, designers, managers, administrators or hosts of such Third Party Websites. These links are provided for informational purposes only and you acknowledge that you are solely responsible for any decision you make to activate the links to such Third Party Websites. H'ability also disclaims any liability for any actual or alleged damage or loss related to, or arising from, the use of, or reliance on the content, products and services available on such Third Party Sites.
The Site and its Content are provided "as is" and subject to their availability. The User is solely responsible for his use of the Site and its Content and, in particular, for complying with the obligations incumbent upon him under the terms of these GCU.
H'ability does not warrant that the Site or the Content will be error-free or accessible on an uninterrupted basis. The Site is normally accessible 24 hours a day, 7 days a week, subject to force majeure, availability of the Internet and/or interruptions of the Site for technical reasons related to updates to the Site, maintenance or any other technical cause. H'ability undertakes to provide access to the Site in accordance with the terms of these Terms and Conditions and to use its best efforts to remedy any malfunction, suspension or interruption of the Site brought to its attention. The User acknowledges and agrees that H'ability may be required to temporarily or permanently suspend access to the Site without notice, including for technical and/or maintenance reasons, regardless of the cause or origin, without liability.
You are also advised that the Internet and the information and telecommunications systems used to access and use the Site are not error-free or bug-free and that interruptions and failures may occur from time to time. H'ability shall not be liable for any inconvenience, loss or damage arising from the use of the Internet, including, but not limited to, poor transmission and/or receipt of data and/or information over the Internet, any failure of equipment or communication lines to receive data, any malfunction of the Internet preventing the proper functioning of the Site and, more generally, any loss or damage arising from the use of the Site, the Internet and information and telecommunications systems. H'ability, its officers and employees shall not be liable for any loss or damage, however caused, arising from the use of the Site, for which the User is solely responsible. It is the User's responsibility to take all appropriate measures to ensure the security of their equipment, data, software or other elements belonging to them, in particular against any contamination by a virus and/or any attempt at intrusion of which they could be victims.
5. Personal data and cookies
Users are advised that the Site places cookies on their terminals and that H'ability processes personal data. In this regard, Users are advised to review H'ability's Data Policy, which is available at https://hability.fr/politique-de-donnees/.
6. Miscellaneous provisions
If any provision(s) of this TOU is held to be invalid or unenforceable under any applicable law or regulation or by a decision of a court of competent jurisdiction, such provision(s) shall be severed but shall not affect the validity or enforceability of the remaining provisions.
Any failure by H'ability to enforce any provision of this TOU shall not be deemed or construed to be a waiver of such provision or the right to subsequently enforce such provision and/or any remedy that H'ability may have for any breach of such provision.
7. Applicable law - Claims and disputes
All requests for information, clarification or assistance or complaints regarding the Site should be sent to H'ability by e-mail or regular mail to the recipients listed on the first page hereof.
These TOS shall be governed by and construed in accordance with French law.
In the event of any claim or dispute arising out of or relating to the application, interpretation or performance of these TOU, the parties agree to seek an amicable resolution of the dispute. If an amicable agreement is not reached within two (2) months of H'ability's receipt of written notice of the dispute sent in accordance with the above terms, either party may bring the dispute before the competent French courts, provided, however, that the User may resort to an alternative dispute resolution procedure, including, without limitation, mediation via the European Online Dispute Resolution Platform available at http://ec.europa.eu/odr, which shall attempt to resolve the dispute amicably.