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Article 2. Definitions
All terms and expressions below have the meanings hereby ascribed to them:
- Order: the term ‘Order” describes any order of Product(s) placed by the Buyer through the Application, the Website or any other means or any person empowered by the Company to market the Product.
- Account: the term “Account” describes the digital environment available through the Website which a Member accesses after he has supplied unique login information (login and password) allowing him to place Orders of Products and to monitor the status of this Order.
- Intellectual Property Rights: the term “Intellectual Property Rights” describes all intellectual property rights as provided for in the French Intellectual Property Code and international community conventions and, notably copyrights, related rights, neighbouring rights of performing artists and record and video producers, trademark law, patent law, trade names (including the names of Website domains and email addresses); this list is not completely exhaustive.
- Personal Data: the term “Personal Data” describes the data which, in accordance with the French Data Protection and Freedom of Information Law (Loi informatique et Liberté) of 6 January 1978 (modified by the law decree of 4 november 1991 and by the law of 6 August 2004, transposing the directive 95/46/CE), allow to name and identify, directly or indirectly, a legal person.
- Member: the term “Member” describes a User, a legal person registered on the Website through opening an account.
- Service: the term “Service” describes the means and functionalities supplied to the User or the Member through the Website to place Orders of Products and monitor the status of this Order.
Article 3 - Access to the Website
Access to the Website and its functionalities is reserved to legal and legally able persons.
Each User must possess the skills, hardware and software required for Internet use and acknowledge that the features and limitations of the Internet do not make it possible to guarantee the security, availability and integrity of Internet data transmissions.
The Company works to allow permanent access to the Website, except in cases of force majeure or other events which are not under the control of the Company, and potential crashes and technical interventions, maintenance and necessary updates required to ensure the proper functioning of the Website.
As a consequence, the Company cannot be held liable for completely or partially impossible access to the Website and/or to its functionalities, regardless of duration.
Technical assistance is provided for the User who reaches the customer service via email at the following address: firstname.lastname@example.org. Furthermore, the Company may have to delete the Website or parts of its functionalities, at any time and without prior notice, without any right to compensation.
The User acknowledges and agrees that the Company is not liable for these inconveniences, and their consequences for the User or any other person.
Article 4 - Registration on the website and Content of the Account
In order to sign up on the Website, the User will be given a registration form so he may provide the Company with his personal data (such as, on an indicative basis: email address, surname, first name, date of birth, phone number, mailing address, etc.), which are compulsory or optional according to the details mentioned in the form.
On this point and the processing of his personal date, the User/Member is encouraged to take note of the stipulations of article 8 of these Terms, as well as of the confidentiality policy present on the Website.
Signing up to the Website, each User acknowledges the data he communicated to be sincere, true and accurate. He commits to supplying valid email address and phone number and he makes sure he is the sole owner of them.
The User also commits to not use any username or email address which could infringe other people’s rights (notably the use of a last name, a username, a trademark owned by another person, or works protected intellectual property rights).
The company reserves the right to refuse any registration which does not respect the rules stated above.
For his registration, the User shall provide a password with a sufficient level of security in accordance with the recommendations stated on the Website.
After his registration, each Member has confidential and personal login and password, which shall not be communicated, shared with other persons.
Each Member is solely liable for the use of his login and password and the actions and/or claims made through his Account, may they be fraudulent or not. He thus releases the Company from any claim on this matter.
Also, any access to the Website through an Account and/or the transmission of data/information through an Account shall be deemed an operation made by the Member owning the aforementioned Account, and engages his liability exclusively.
In case of loss or misappropriation of his access identifiers, the Member in question undertakes to notify the Company, promptly and in writing, the non-authorized use of his Account and to change his password.
As such, the User or the Member waives all rights to proceed against the Company, notably on the cause of possible impairment of right to his own image, honour, family privacy, resulting from the release or leak of information about him.
Article 5 - Use of the website
Under the present terms, any Member refrains from acting upon personal, commercial or collective interests, in order to harm the reputation and/or the very interests of the Company, through any type of intrusion and/or fraudulent use, of any kind.
As for the use of the Website, each User or Member notably agrees to respect the following rules:
- To respect the laws in force and respect the rights of other persons;
- Not to release information and/or false or fraudulent content;
- Not to release information and/or content offending the rights of other parties or of defamatory, insulting, obscene, violent - or encouraging violence -, racist, xenophobic nature, and in general, any content deemed contrary to the laws and regulations in force and/or to morality;
- Not to release information and/or content which may reduce, disrupt, hinder the normal use of the Website.
The Users and Members agree not to:
- Divert the Website from the use it was initially intended for;
- Access or try to access the Website by any other means than those available through the Website;
- Use data mining, bots and any other similar method to collect and process data;
- Control, scan or test the vulnerability of the Website, its server and its network and/or violate the security or authentication measures supplied by the Company;
- Try and interfere with the Website, its server or network, notably through uploading viruses, overloading, flooding, spamming, mailbombing or crashing;
- Download, upload and/or release by any means information and/or documents which the Users and Members are not allowed to download, upload and/or release, under the provision of a law, contractual rules or commitments, or constituting infringement on patent, trademark, drawing, model, data base, trade secrets, copyright, right to privacy or image and/or any right of other persons’ property, or for purposes of usurpation of property and/or identity of moral or legal person.
Should a Member fail to comply with one or several of these rules, the Company reserves the right to close the Account(s) of the concerned Member, in accordance with article 6 of the present Terms, to automatically delete contentious messages and/or block access to all or part of the Services, temporarily or permanently, without notice or compensation.
Article 6 - Suspension and Termination of the account
Furthermore, the Company may decide, unilaterally and without justification, to temporarily or permanently close the Website.
Article 7 - Intellectual Property
Unless stated otherwise, the general structure of the Website, as well as the texts, graphics, pictures, photographs, audio and video documents, and more generally all contents pertaining to the Website as well as the different codes and supporting algorithms, are property of the Company.
It is drawn to the Users and Members’ attention that some contents on the Website may result from reuse of data and/or elements from other persons by the Company, in accordance with the instructions provided by each and one of them.
As a consequence, any representation and/or reproduction and/or partial or whole commercial exploitation of the contents, methods and functionalities supplied by the Website, directly or indirectly, by any User and/or Member, in any manner, without prior and written authorization from the Company is strictly prohibited and may constitute counterfeit as stated in articles L. 335-2 and the following ones of the French Code of Intellectual Property and/or infringement on the rights of the Company, or even violation of the rights of partners and/or other persons, likely to entitle them to claims for compensation.
The Brand “Clic-Light” is a brand registered to the INPI. as a consequence, any representation and/or reproduction and/or partial or whole commercial exploitation of this brand, as well as the graphic design related to it, in any way, is strictly prohibited.
Furthermore, no User/Member shall, whichever his position or activity may be, set up a mechanical referral system of the entire, or part of the Website (videos, news, etc.), notably through complex hyperlinks, in order to provide any other website, service and/or application, with referral of aforesaid contents and destined to public audience, for any commercial purpose.
Article 8 - Personal Data
As part of the use of the Website and the Services, Members may have to provide personal data about themselves which allow them to profit from the functionalities of the Website. For this reason, and in accordance to relevant legislation, it is recalled that it is compulsory to fill in the areas marked with an asterisk.
Failing the User’s filling in one or several compulsory areas, the Company will not be able to offer access to its Services. As a consequence, the User will not be able to navigate from one step to another, nor confirm his registration form and access the Services provided by the Website.
Failing the User’s filling in optional areas, the User will be able to access the Services. He will also be given the opportunity to fill in the optional areas at any time after the creation of his Account, in order to customize the Services at most.
The processing of personal data as of the creation of the Account and the Services are subject to a declaration to the CNIL, the French Data Protection Authority, under the number 2087336 v0.
In accordance with article 32 of law n°78-17 of 6 January 1978, referred to as the “Law on Information Technology and Civil Liberties”, the Users and Members are informed that the Company, also responsible for the processing of personal data collected on the Website, processes personal data about them.
The information communicated by the Users and Members, through the forms available on the Website, are destined to qualified staff of the Company, for administrative and commercial management purposes.
Data processing thus mainly aims to allow access to the Website and the Members’ use of it and the the Services associated to it. It may also allow the Company to send the Member newsletters and notifications, etc. This processing also aims to undertake operations of commercial prospection. In this case, qualified staff of commercial partners may be added to the list of aforementioned recipients.
The company specifies that, except in the case of early closure of the Account of the Member, the data collected is stored for up to five (5) years.
The Member accepts and grants the Company the right to release his personal data, even for commercial purposes, to any trusted moral or legal person.
The Member has the right to access and question the personal data collected about himself. He also has the right to ask for modification, correction, blocking and deletion of personal data about himself and which would be erroneous, incomplete, ambiguous or if their collection is prohibited. He may also ask to complete or update his data.
The Member also has a right of opposition to the processing of his personal data, for legitimate reasons, as well as a right to block commercial use of these data, at no expense to him.
To exercise his rights, the Member must notify send the Company his request, with a copy his passport or identity card, via mail to the following address:
ROAD LIGHT SAS
A l’attention du responsable des traitements des données
46 Route de Narbonne
31320 Auzeville Tolosane - FRANCE
Should the Member fail to respect the provisions of modified law n°78-17 of 6 January 1978, referred to as the “Law on Information Technology and Civil Liberties”, he would be liable to be penalised. He must notably abstain from any collection, any diverted use and, more generally, any acte likely to harm the privacy and reputation of people.
The confidentiality policy followed by the Company appears on the Website.
Article 9. Cookies
The Member is informed that, browsing the Website, information related to his browsing is likely to be collected and stored through “cookies” files which may automatically be installed on his terminal equipment.
“Cookies” are data stored on the terminal equipment of an Internet user and likely to be used by the Website to send information to the User or Member’s browser, allowing the browser to send back this information to the source Website (for instance, a session login, a language setting, a date, etc.). These “cookies” also allow to store status information when a browser accesses the different pages of a website or when this browser later returns to the website in order to optimize browsing.
Browsing the Website, the User is likely to come across different types of “cookies”:
The Company’s “cookies” serve the following purposes:
- Storage of variable and personalized date on a Website’s visitor;
- Saving of the different entries in order to optimize the services likely to interest the User or the Member and facilitate the filling of different forms.
Third party “cookies”:
- Tracking cookies;
- Audience cookies;
- Technical and function cookies.
Third party “cookies” serve the following purposes:
- Distinguishing of Users, sessions and new visits;
- Drawing up analytical statistics and analysing how often pages are consulted and anonymously;
- Recording of the source of traffic or campaign;
- Saving of login and password to facilitate an already registered Member’s connection;
- Personalizing potential commercial offers;
- Ensuring the security of the connection of the User/Member on the Website, saving of his use preferences and optimization of browsing;
- Collecting viewing settings of a website to facilitate browsing. It is added that this list is non-exhaustive and may be subject to modifications with the Website.
The User may refuse the implementation of “cookies” on his terminal through the configuration of his browser, following the procedure stated on it.
In this case, the use of the Website and access to Services may be altered
Article 10 - Hyperlinks
The Website may have hyperlinks, basic or complex, to other online websites.
The content of third party websites targeted by a hyperlink does not engage the responsibility of the Company.
Without prior explicit authorization from the Company, it is prohibited to create a hyperlink, basic or complex, to the Website, in order to avoid liability in any violation thereof.
Article 11 - Internet Use Policy
The User hereby states that he accepts the characteristics and limits of the Internet, and notably acknowledges that:
- The Company accepts no responsibility with regard to the services available through the Internet and has no control of any sort on the nature or characteristics of data which may transit through its server center;
- Data circulating online are not protected, notably against potential diversion. Communication of any kind which the User judges of sensitive or confidential nature is carried out for his own account and risk;
- The User is held liable for the use of data he consults, questions and transfers online;
- The User recognizes that the Company does not have any control over the content of services available online.
Article 12 - Corporate Responsibility
The information and/or documents on the Website and/or available through the website stem from sources considered as reliable. However, these information and/or documents are likely to present technical inaccuracies or typographical errors.
The Company reserves the right to correct any errors brought to its attention.
Verifying the accuracy and relevance of the information and/or documents available to the User or Member is strongly recommended.
The information and/or documents on the Website are likely to be modified at any moment, and may be subject to updates without prior notice.
The Company cannot be held liable for any damage of any kind resulting from interpretation or use of information and/or documents available on the Website.
However, given the general interest related to the repression of justifying crimes against humanity, of provocation and incitement to acts of terrorism, incitement to racial hatred, hatred based on gender, sexual orientation or identity, handicap, of child pornography, incitement to violence against women, as well as undermining human dignity, in accordance with articles 225-4-1, 225-5, 225-5, 225-6, 227-23, 227-24 and 425-2-5 of the French Penal Code, the Company endeavors to delete, as soon as it is brought to its attention, any textual element, photograph, video or any other medium, uploaded to the Website by a member which could be characterized as violent, pornographic or of any other kind which could seriously harm human dignity.
The use of information and/or documents available on the Website engages the sole and only liability of the User or the Member, who accepts the consequences that may be involved, without engaging the Company’s responsibility.
Article 14 - Applicable Law / Disputes
The present terms are governed by the French law.
The present website as well as the rules and conditions of its use are governed by the French law, regardless of the location of use or access. Should there be a dispute and after attempts have been made to seek an out-of-court settlement, the French courts will be only qualified for the settlement of the dispute.
Article 15 - Enactment