GENERAL TERMS AND CONDITIONS for access and use

These general terms and conditions of sale apply to Users of the BEDOUK service (the “Service”), an inter-professional contact website accessible at www.usinenouvelle.com/expo (the “Website”) produced by Infopro Digital, a Company (SAS) of 1,045,200 euros capital, with Registration no. 490 727 633 (RCS, Nanterre), and Head Office at 10 Place du Général de Gaulle, 92186 Antony, France.

Clause 1: DEFINITIONS

User(s): professional(s) / person(s) visiting the Website with a view to using the BEDOUK service.

Advertisers: professionals who may receive requests for quotes from Users.

Clause 2: PURPOSE

Access to the Service is conditional on the User’s acceptance of, and adherence to, these general terms and conditions for access and use (hereafter called the “General Terms and Conditions”).

The purpose of these General Terms and Conditions is to define the terms under which, and the ways in which, access to and use of the BEDOUK Service take place, and in particular to define the rights and obligations of Infopro Digital and of the User.

Additional services offered may in addition be governed by special terms and conditions, communicated as necessary at the time of registering for the service concerned. Access to such Service and its use indicates prior reference to, and acceptance of, these special terms and conditions, which will then form part of this contract. In case of inconsistency, the special terms and conditions will take precedence over the General Terms and Conditions.

Save as otherwise provided, any improvement to the Service or any new service will be subject to the General Terms and Conditions.

Should the User not wish to accept the General Terms and Conditions or any special terms and conditions concerned with the services offered, (s)he is asked to refrain from using the Service and/or any additional services offered on the Website.

The General Terms and Conditions and special terms and conditions are the only ones that apply. No tolerance may be construed as waiving any of the rights or obligations resulting from any of these General Terms and Conditions.

Clause 3: TERMS OF ACCESS TO SERVICES

The Service is accessible via the internet, specifically at the Website’s address as indicated above. Infopro Digital reserves the right, for maintenance purposes, to temporarily and without prior notice suspend access to the Service wholly or in part, without such unavailability as might result conferring any right to compensation in favour of the User.

In addition, taking into account the nature of the internet, the User acknowledges and accepts that Infopro Digital cannot be held responsible for any interruption to, or deterioration in, access to the Service that might result from the internet network itself, the means of connection used by the User, or any other cause external to Infopro Digital.

It is pointed out that the cost of all equipment and software necessary for accessing and using the Service is to be borne exclusively by the User.

3.1 Means of access

Use of the Service does not require the creating of an account before doing so, and is subject to the User completing a form giving their contact details and requirements. Use of the Service involves the taking of information and personal data, as well as acceptance of the General Terms and Conditions. The User undertakes to provide true, precise, up-to-date, and complete information concerning their identity, as well as any information requested in the form. Should any User provide data that is false, inaccurate, out-of-date, or incomplete, Infopro Digital will have the right to refuse them access to the whole or part of the Service, immediately and in the future, without having to repay any monies paid. The User may, as they choose, modify and/or update information and personal data taken, by writing to: nil@bedouk.fr

3.2 Personal data

In accordance with the legal provisions, Users have the right to access, rectify, remove or veto any or all personal data they have disclosed to Infopro Digital. They may exercise their right by emailing to: cnil@bedouk.fr. In accordance with the law, the collection and storage of personal data carried out by Infopro Digital has been declared to the CNIL under the reference no. 1589866.

In accordance with the Confiance dans l’Economie Numérique law of 21 June 2004, Users’ personal data may be sent at their request by email to Advertisers, so that the latter may provide quotes in line with the request put in.

This data may be given or sold to commercial partners for the purpose of commercial prospecting. Users may at any time object to such use of their personal data by emailing cnil@bedouk.fr or by following the procedure that is detailed in each email sent out.

Users recognize, however, that such objection will potentially make it impossible for Infopro Digital to put them in touch with Advertisers.

Clause 4: USE OF BEDOUK

To use the Service, the User provides the information requested, in particular their contact details and their requirements.

By clicking “VALIDER” (“VALIDATE”) or “ENVOYER LA DEMANDE” (“SEND REQUEST”), the User expressly authorises Infopro Digital to pass on the information provided via the Website to Advertisers able to respond to the request. Quotes and information are sent directly to the User by the Advertiser(s) wishing to respond to the request.

The User remains entirely free to follow up or otherwise on quotes received. The relationship between the User and Advertisers responding to requests for quotes made through the Website is governed in accordance with Article 6.2 below.

Users undertake that they will not make use of any characteristic, attribute, or username that might mislead or create any confusion regarding their identity, nor misappropriate data or information they might be aware of, nor use such to expropriate Advertisers’ customers.

Users undertake that they will respect and ensure respect of all secure access, and more generally not hinder or disturb access to, or the functioning of, the Service.

Lastly, the User undertakes to use the Service.

The User alone is responsible for the use made of the Service.

In particular, the usage of the information and data of all types that are available through the Service falls solely to the responsibility of the User, and decisions or actions the latter might take in consideration of them would not be able to remove their own responsibility. The User alone is arbiter of the comprehensiveness and usefulness to them of the information passed on, and therefore agrees to use it with discernment and to assume the risks which follow from it.

Clause 5: FINANCIAL

The Service is provided free of charge to the Users.

Clause 6: Infopro Digital’s RESPONSIBILITY

Infopro Digital is bound in the execution of this contract by an obligation of due care.

6.1 Content distributed

Infopro Digital makes every effort to ensure the quality of the information it distributes. However, all content available by means of the Service commits solely its author or the person that produced it, except for content originating from Infopro Digital. As a result, Infopro Digital will not be able to be held responsible for messages, information, or content that it did not directly create or produce, and particularly for the accuracy and suitability of such, nor generally for any error or omission it might contain, especially where it concerns quotes given by Advertisers responding to requests from Users through the Website. INFOPRO DIGITAL may not in consequence be held responsible for whatever damage might result therefrom.

6.2 Relationship between Users and Advertisers

Any correspondence, exchange, or relationship of whatever nature, especially promotional or commercial, set up between the User and an Advertiser only binds and holds the User and Advertiser in question.

As a result, any terms, conditions, guarantees, statements, payment or delivery that may ensue only commit the User and the Advertiser, to the total exclusion of Infopro Digital, which may not be held responsible for any loss or damage whatsoever that results from Advertisers’ offers or from agreements and services that follow.

6.3 Provision of BEDOUK service

The Service is provided “as is” to the User, who uses it at their own risk. It is accessible according to its availability.

Infopro Digital particularly does not guarantee that:

Infopro Digital cannot be considered responsible for any breakdown, interruption of commercial supply, loss of data, or more generally for any damage incurred particularly by Users or their computers, resulting from the use or impossibility of using the BEDOUKservice, or from the acquiring, receiving, or downloading of information while using the Service, or from non-authorised access to the Service by another User or third party, or from the changing of information or databases relating to the User, or from any other means of using the Service.

6.4 Hypertext links

The Website may offer links to other websites or to other resources available on the internet. Insofar as these sources are beyond the control of Infopro Digital, the latter cannot be held responsible for damage of any nature resulting from the content of these websites or external sources, and particularly for information, products, or services they offer, or for any usage that may be made of such elements.

Clause 7: INTELLECTUAL PROPERTY

The User undertakes to respect all the intellectual property rights of Infopro Digital and all third parties, in particular trademarks, patents, copyrights and related rights, and also Infopro Digital’s ‘sui generis’ right as database producer.

The usage that the User may make of the elements of the Service that are protected by intellectual property rights, whether software programme or other, is obviously non-exclusive and is strictly limited to personal use. The User may not pass on to anyone the right to use the Service and the protected elements it contains, and is not authorised to carry out any decompilation procedure on the software elements. The User is not authorised to use, wholly or partially, any of the protected elements to create or exploit derivative works from these elements.

It is made clear that the usage granted to Users by these General Terms and Conditions does not imply or include any transfer whatever to their profit of any intellectual property right over the elements used, whether it concern the Website itself or its content. These rights remain in their entirety, save for special and separate agreement, the exclusive property of Infopro Digital.

Any full or partial representation of the Website by any procedure whatever without the prior authorisation of Infopro Digital is forbidden, and would constitute forgery punishable under Articles 335-2 and following of the Code de la Propriété Intellectuelle.

Infopro Digital’s trademarks appearing on the Website are Registered. Any reproduction of these trademarks in full or in part without the express authorisation of Infopro Digital is therefore prohibited.

Clause 8: NON-TRANSFERABILITY

The User may not, without the express and prior authorisation of Infopro Digital, give all or part of the rights and obligations resulting from these General Terms and Conditions to a third party.

Clause 9: MODERATION

The requests for quotes and information that are made by Users of the Service are subject to moderation. Any breach by the User of any of the stipulations of the General Terms and Conditions will lead to the withholding of their requests to the Advertisers.

Clause 10: COMPETENT JURISDICTION AND APPLICABLE LAW

The General Terms and Conditions are governed by French Law.

IN CASES OF DISPUTE, SPECIFIC COMPETENCE IS ASSIGNED TO THE TRIBUNAL DE COMMERCE DE NANTERRE, NOTWITHSTANDING PLURALITY OF RESPONDENTS OR GUARANTEED APPEAL, EVEN FOR URGENT PROCEEDINGS AND FOR PROTECTIVE SUMMARY OR ON-DEMAND PROCEEDINGS.

Clause 11: VARIOUS

Should any of the General Terms and Conditions come to be deemed as illegal or non-invocable by a decision of the law, the other provisions would remain in force.

Infopro Digital reserves the right to also make announcements by fax or post using the contact details provided by the User on signing up.

In accordance with Article 1316 of the Code Civil and those that follow and, should it arise, with Article L.110-3 of the Code de Commerce, the information provided by the Website is valid between the Parties. Details such as the time of receiving or sending and the nature of data received will, by priority, be valid as they appear within the Service’s I.T. systems, or as authenticated by the Service’s computerised procedures, except if written proof to the contrary is provided by the User. The weight of proof accorded to the Service’s I.T. systems is the same as that accorded to an original, that is, to a written paper document signed by hand.

Clause 12: DEREGISTRATION FROM THE NEWSLETTER(S):

The User can unsubscribe from the newsletters by different means:

Users are informed that the deregistration from the newsletter(s) does not disengage them from possible contracts which they have subscribed or will subscribe to. This does not justify a reimbursement of all or part of this contract.

Translation: This document is a translation into English of the General Regulations of ETAI, which were drawn up originally in French. The translation has been carried out with all possible care, so as to most accurately reflect the original text. However, in all matters of interpretation of any of its clauses, the French version will take precedence.

Last update July 2016

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