All software and services (hereinafter collectively referred to as the "Solution") are provided by SLAEB, a société par actions simplifiée (simplified joint stock company) with a share capital of 47,780 euros, registered in the Fort-de-France Trade and Companies Register under no. 913 980 975, whose registered office is located at Porte de Plaisance Bassin Tortue - 97290 Le Marin (hereinafter referred to as "SLAEB").
1 - PURPOSE
The purpose of these general conditions of use is to define the terms and conditions of use of the services offered on the Solution (hereinafter referred to as the "Services"), and to define the rights and obligations of the parties in this context.
In particular, they can be accessed and printed at any time via a direct link at the bottom of the Solution home page.
They may be supplemented, where applicable, by specific conditions of use for certain Services. In the event of contradiction, the special conditions shall prevail over these general conditions.
2 - SERVICE OPERATOR
The Services are operated by SLAEB, a société par actions simplifiée (simplified joint stock company) with share capital of 47,780 euros, registered in the Fort-de-France Trade and Companies Register under no. 913 980 975, having its registered office at Porte de Plaisance Bassin Tortue - 97290 Le Marin (hereinafter referred to as "SLAEB").
3 - ACCESS TO THE SOLUTION AND SERVICES
The Services are accessible, subject to the restrictions stipulated on the Solution:
- any natural person with full legal capacity to enter into commitments under these terms and conditions. Individuals who do not have full legal capacity may only access the Solution and Services with the consent of their legal representative;
- any legal entity acting through a natural person with the legal capacity to contract in the name and on behalf of the legal entity.
4 - ACCEPTANCE OF TERMS AND CONDITIONS
Acceptance of these terms and conditions is evidenced by a checkbox on the registration and/or contact form.
This acceptance must be full and complete. Any conditional acceptance is considered null and void.
Users who do not agree to be bound by these terms and conditions must not use the Services.
5 - SOLUTION REGISTRATION
To use the Services, the User must register on the Solution, by filling in the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.
6 - DESCRIPTION OF SERVICES
The User has access to the Services described on the Solution, in a form and according to the functionalities and technical means that SLAEB deems most appropriate.
7 - DATA
The User expressly acknowledges and accepts:
(i) that the data collected on the Solution and on SLAEB's computer equipment are proof of the reality of the operations carried out within the framework of the present contract;
(ii) that these data constitute the only method of proof accepted between the parties, in particular for the calculation of sums due to SLAEB.
8 - OBLIGATIONS OF THE USER
Without prejudice to the other obligations set forth herein, the User agrees to comply with the following obligations:
In using the Services, the User undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, the User is solely responsible for the proper completion of all administrative, fiscal and/or social formalities and for all payments of contributions, taxes or duties of any kind that may be required in connection with the use of the Services. Under no circumstances may SLAEB be held liable in this respect.
The User acknowledges that he/she has familiarized himself/herself with the characteristics and constraints, particularly technical, of all the Services on the Solution. He is solely responsible for his use of the Services.
The User is hereby informed and accepts that in order to use the Services, he/she must be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.
The User is also solely responsible for the relationships he/she may establish with other Users and the information he/she communicates to them in the context of the Services. It is the User's responsibility to exercise appropriate caution and discernment in these relationships and communications. The User further undertakes to respect the usual rules of politeness and courtesy in his dealings with other Users.
The User undertakes to make strictly personal use of the Services. Consequently, he/she may not assign, concede or transfer all or part of his/her rights or obligations hereunder to a third party, in any manner whatsoever.
The User undertakes to provide SLAEB with all information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with SLAEB with a view to the proper performance hereof.
The User is solely responsible for content of any kind (editorial, graphic, audiovisual or other, including any name and/or image chosen by the User for
identify it on the Solution) that it distributes as part of the Services (hereinafter referred to as the "Content").
He/she guarantees SLAEB that he/she has all the rights and authorizations required to distribute this Content.
The user undertakes to ensure that the aforementioned Content is lawful, does not infringe public order, morality or the rights of third parties, does not violate any legislative or regulatory provision and, more generally, is in no way likely to give rise to civil or criminal liability on the part of SLAEB.
The User thus refrains from distributing, in particular and without this list being exhaustive :
- Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
- infringing Content,
- Content that violates the image of a third party,
- Content that is misleading or deceptive or that proposes or promotes illegal, fraudulent or deceptive activities,
- Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
- and more generally any Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner or form whatsoever.
The User acknowledges that the Services offer an additional, but not alternative, means of achieving the same objective, and that this solution is not a substitute for these other means.
The User must take the necessary steps to safeguard by his own means the information he deems necessary, no copy of which will be supplied to him.
The User is hereby informed and accepts that in order to use the Services, he/she must be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.
9 - USER WARRANTY
The User indemnifies SLAEB against any and all complaints, claims, actions and/or demands that SLAEB may suffer as a result of the User's breach of any of its obligations or warranties under these general conditions.
It undertakes to compensate SLAEB for any loss it may suffer and to pay all costs, charges and/or penalties it may incur as a result.
10 - PROHIBITED CONDUCT
It is strictly forbidden to use the Services for the following purposes:
- carrying out illegal or fraudulent activities, or activities that infringe on the rights or safety of third parties,
- undermining public order or violating applicable laws and regulations,
- intrusion into a third party's computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security,
- sending unsolicited emails and/or commercial prospecting or solicitation,
- manipulations intended to improve the referencing of a third-party site,
- aiding or abetting, in any form or manner whatsoever, one or more of the acts and activities described above,
- and more generally any practice that misuses the Services for purposes other than those for which they were designed.
Users are strictly forbidden to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of the SLAEB Solution.
The following are also strictly prohibited (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into SLAEB's systems, (iii) any misappropriation of the site's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructures, (v) any breach of security and authentication measures, (vi) any act likely to prejudice the financial, commercial or moral rights and interests of SLAEB or its site users, and more generally (vii) any breach of these general terms and conditions.
It is strictly forbidden to monetize, sell or grant all or part of the access to the Services and to the information hosted and/or shared therein.
11 - PENALTIES FOR NON-COMPLIANCE
In the event of a breach of any of the provisions of these general terms and conditions or, more generally, an infringement of the laws and regulations in force by a User, SLAEB reserves the right to take any appropriate action and, in particular, to :
(i) suspend or terminate access to the Services of the User who has committed or participated in the breach or infringement,
(ii) delete any content posted on the Solution,
(iii) publish on the site any information message that SLAEB deems useful,
(iv) notify any relevant authorities,
(v) take any legal action.
12 - SLAEB'S LIABILITY AND WARRANTY
SLAEB undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
SLAEB has no knowledge of the Content placed online by Users as part of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and with regard to which it acts solely as a hosting service provider.
Consequently, SLAEB cannot be held responsible for Content whose authors are third parties, and any claim must be directed in the first instance to the author of the Content in question.
Content that is prejudicial to a third party may be notified to SLAEB in accordance with article 6 I 5 of law no. 2004-575 of June 21, 2004 for confidence in the digital economy, with SLAEB reserving the right to take the measures described in article 12.
SLAEB declines all responsibility in the event of any loss of information by the User, who must save a copy and cannot claim any compensation in this respect.
SLAEB undertakes to carry out regular checks to verify the operation and accessibility of the Solution. In this respect, SLAEB reserves the right to temporarily interrupt access to the Solution for maintenance purposes. Similarly, SLAEB cannot be held responsible for temporary difficulties or impossibilities in accessing the site due to circumstances beyond its control, force majeure, or due to disruptions in telecommunications networks.
SLAEB does not guarantee Users (i) that the Services, which are subject to constant research in order to improve performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way offered for the sole intention of a User, (iii) that the Services, being subject to constant research in order to improve performance and progress, will be totally free of errors, defects or faults.
given according to its own personal constraints, will specifically meet its needs and expectations.
In any event, the liability that SLAEB may incur hereunder is expressly limited to proven direct damage suffered by the User.
13 - INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used by SLAEB within the Solution are protected by all intellectual property rights or database producers' rights in force. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of SLAEB are strictly prohibited and may be subject to legal action.
14 - ADVERTISING
SLAEB reserves the right to insert on any page of the Solution and in any communication to Users any advertising or promotional messages in a form and under conditions to be determined by SLAEB alone.
15 - LINKS AND THIRD-PARTY SITES
SLAEB may not under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partners) to which the User may have access via the site.
SLAEB accepts no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.
SLAEB is also not responsible for transactions between the User and any advertiser, professional or merchant (including any of its partners) to which the User may be directed via the Solution, and shall under no circumstances be a party to any disputes whatsoever with these third parties concerning, in particular, the delivery of products and/or services, guarantees, declarations and any other obligations whatsoever to which these third parties are bound.
16 - DURATION OF SERVICES, CANCELLATION
The Services are subscribed to for an indefinite period.
The User may unsubscribe from the Services at any time, by sending a request to this effect to SLAEB by email, using the contact details mentioned in article 2.
Unsubscription is effective immediately. It leads to the automatic deletion of the User's Account.
17 - MODIFICATIONS
SLAEB reserves the right to modify these terms and conditions at any time.
The User will be informed of these modifications by any useful means.
Users who do not accept the modified general terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in article 18.
Any User who uses the Services after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.
18 - LANGUAGE
In the event of a translation of these terms and conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute as to the meaning of a term or provision.
19- APPLICABLE LAW AND JURISDICTION
These terms and conditions are governed by French law.
In the event of any dispute concerning the validity, interpretation and/or execution of the present general terms and conditions, the parties agree that the courts of Fort de France shall have exclusive jurisdiction, except in the event of mandatory procedural rules to the contrary.
20 - EFFECTIVE DATE
These terms and conditions came into force on [-] March 2023.