GENERAL CONDITIONS OF USE OF THE STRUCTURE SERVICES APPLICABLE AS FROM APRIL 1, 2018
The https://structureparis.com site is published by the company STRUCTURE.
The purpose of these General Conditions of Use is to define the conditions of use of the Site. By browsing the Site, you acknowledge having read these General Conditions of Use and Special Conditions of Use and accept them.
STRUCTURE is free to modify, at any time, these General Conditions of Use and the Special Conditions of Use, in particular to take into account any legal, regulatory, jurisprudential and / or technical changes.
The prevailing version is the one available online at the following address: https://structureparis.com. The same applies to any Special Conditions of Use available online at the Services address.
All Users are therefore required to refer to their version accessible online on the date of their access and use of the Services.
The User is expressly informed that the only authentic version of the Terms of Service is that which is found online on the Site, which he recognizes and accepts without restriction, agreeing to systematically refer to it when each connection.
You are invited to consult each of your visits to the Site these General Conditions of Use and no longer access the Site and use its services if you do not agree with the new applicable version.
1.1 Within the meaning of the general conditions of use, the expressions below will have the following definition:
"Terms": means these General Conditions of Use applicable to the services;
"GCU" (T & Cs) means the Special Conditions of Use which may be applicable to certain Services and subject to acceptance by the User before using the Services concerned;
"Personal Data": means any information concerning an identified or identifiable natural person; is deemed identifiable a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more specific elements, specific to his physical, physiological, mental, economic, cultural or social identity;
"The publisher" : designates the company STRUCTURE, publisher of the Site;
"Identifier": designates the personal identifier associated with the User's account as well as any confidential code or password issued to the User by STRUCTURE and then modified by the User and allowing the User to identify himself in order to '' access the Services;
"Date protection act": means Law No. 78-17 of January 6, 1978 relatin to data processing, files and freedoms, and amended by Law No. 2004-801 of August 6, 2004;
"Parties": jointly designates STRUCTURE and the User; "Professional":
refers to the professionals present on the Site Services and to whom Users can call thanks to the Online appointment service.
"Services": jointly designates the Directory Service and the Online Appointment Service made available to Users by STRUCTURE through the Site;
"Directory Service": means the free search service for Professionals made available to Users by STRUCTURE through the Site;
“Online Appointment Service”: means the Online Appointment Service for Professionals made available to Users through the Site;
"Site": means the website https://structureparis.com; "User": designates any person who uses the Site and accesses the Services offered by STRUCTURE through the Site.
Unless otherwise indicated in the CGU:
1.2 As soon as a word or phrase has a defined meaning, any other form of that word or phrase has a corresponding meaning;
1.3 Words in the singular include the plural and vice versa;
1.4 A reference to a document, standard, legislative provision, code or any other document implies any modification or update of this document, standard, legislative provision or code;
1.5 If a period of time is specified and goes back to a given day or to the day of acceptance of the T & Cs, this period of time must be calculated as including that day.
2. ACCESS TO THE SITE
2.1. The Publisher undertakes to make its best efforts to ensure permanent access to the Site and its Services (24 hours a day, 7 days a week) as well as its operation.
However, the Publisher cannot be held responsible for the unavailability of the Site or of one of the Site Services in the event of force majeure, and in particular in the event of:
- Site maintenance, including when the maintenance intervention is carried out by third Parties.
- The Occurence of an unforeseable, insurmountable and external event.
- Internet network failure
2.2 The User is also informed of the risks inherent in the use of the Internet, and in particular in terms of security breaches in the transmission of data and unsecured continuity in access to the Site and Site content. In any case, the Publisher cannot be held responsible for these risks and their harmful consequences, whatever their extent, for the User.
It is up to each User to take all appropriate measures to protect their own data, software and hardware from contamination by viruses or other forms of attack possibly circulating through the Site or the contents of the Site.
2.3 The transfer rates and response times of information circulating from the Site's platform to the Internet are not guaranteed by the Publisher. The User acknowledges that the speed of transmission of information does not depend on the Services offered by the Publisher, but on the characteristics inherent in electronic communications networks and the technical characteristics of its connection mode (cable, ADSL, 3G, 4G etc.). ) and its internet access.
2.4 The Publisher cannot in any case be held liable for repairing any indirect damage suffered by the User when using the Services. Indirect damage is that which does not result exclusively and directly from the failure of the Site Services.
Furthermore, STRUCTURE's responsibility cannot be sought for acts performed by the User or a third party using the Services.
Any software, downloaded by the User, or obtained in any other way when using the Service, is at the User's own risk.
3. CREATION OF AN ACCOUNT
3.1 Access to personal space
3.1 Access to certain Site services requires the creation of a personal account.
3.2 The creation of an account implies the information of personal information such as the name, the first name and the e-mail address, which are the subject of a computer processing, as specified in article 7 of these GCU.
3.3 You are solely responsible for entering your data, the Publisher can in no way be held responsible for incorrect information. In the event that the User provides false, inaccurate, outdated, incomplete, misleading or misleading information, the Publisher may, immediately without notice or compensation, suspend or terminate the User's User account and deny him access, temporarily or permanently, to all or part of the Services.
3.4 Creating an account also involves choosing a username and password. It is recommended to adopt a strong password (containing at least 8 characters including numbers, capital letters and special characters).
3.5 The username and password can be changed online by the User in his Personal Space.
3.6 The username and password are personal and confidential, the User undertakes not to communicate them to third parties.
3.7 Any loss, misappropriation or unauthorized use of a User's Identifiers and their consequences are the sole responsibility of this User. In all the cases mentioned above, the User is required to notify the Publisher without delay, by electronic message, specifying their Identifiers, name, first names at the following address: https://structureparis.com, so that the Publisher can reset the User account.
3.8 Unsubscribe Each User may at any time terminate the subscription to their User account by contacting STRUCTURE by e-mail at email@example.com
4. INTELLECTUAL PROPERTY OF STRUCTURE
4.1 Services and all the elements that make them up are, unless otherwise stated, the exclusive property of STRUCTURE. The brands, logos, signs and any other content on the site are protected by the Intellectual Property Code and more particularly by copyright.
4.2 Consequently, in application of the provisions of the Intellectual Property Code, the legislative and regulatory provisions of all countries and international conventions, any reproduction, distribution or representation, in whole or in part, STRUCTURE Services or of any element which compose is prohibited as is their alteration.
4.3 As such, the User is in particular prohibited from adapting, arranging, modifying, correcting, associating, translating into any language or language, placing it on the market free of charge or for a fee, marketing all or part of the Services provided by STRUCTURE or of any element which composes them, whatever the means and the support. No stipulation of the GCUs can be interpreted as an assignment of intellectual property rights, whether tacitly or in any other way.
4.4 Any content posted by the User is his sole responsibility. The User undertakes not to put online content that could harm the interests of third parties. Any legal action brought by an injured third party against the site will be borne by the User.
5.1 The Site allows the user to correspond with the selected providers via private messaging.
5.2 The Publisher ensures the confidentiality of these correspondences and does not take cognizance of them.
5.3 The user is informed that he can ask the Publisher to receive any files uploaded and all the data resulting from the use of his account on the Site.
6. PROTECTION OF MINORS
6.1 The registration of minors on the Site is subject to the condition of having previously obtained the express authorization of their parents (or holders of parental authority), the justification of which may be asked of them at any time.
6.2 Authorization from parents (or holders of parental authority) constitutes acceptance by them of these General Conditions of Use.
6.3 Parents (or holders of parental authority) are responsible for monitoring the use of the Site by their minor child (ren).
7. PERSONAL DATE
7.1 The user is informed that, when browsing the Site, personal data (names, first names, pseudonym indicated, postal address, e-mail address, IP address, telephone number, date of birth, etc.) can be requested via:
· The creation of the personal account;
· The contact form;
· The information collected is saved in a computerized file by the Publisher in its capacity as data controller.
7.2 You authorize The Publisher to use your data for the following purposes:
· Perform operations relating to the management of persons registered on the Site; Perform operations relating to direct prospecting by the Publisher, for products, services and content offered on the Site, or the like.
· Provide the Professional with the information necessary for the organization and preparation of the User's meeting.
· Allow the User to manage all of their appointments at any time via a secure personal account.
Any other prospecting by the Site Editor or any transfer to third parties (business partners etc.) of this data will be subject to the express prior agreement of the User.
7.3 Storage of personal data
· Personal data relating to Users will not be kept beyond the period strictly necessary for the management of the commercial relationship.
· The data transmitted by Users on the Site and used for commercial prospecting purposes will be kept for a period of three (3) years from the end of the commercial relationship (unsubscribing from the Newsletter and / or personal account).
7.4 The Site Editor undertakes to take technical precautions in order to preserve the security of personal data and in particular to prevent them from being distorted, damaged or communicated to unauthorized third parties.
7.5 In accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the User has the right to access, modify, rectify and delete data concerning him . The User can exercise these rights by contracting the Publisher by post or by e-mail, at the following addresses: STRUCTURE - Legal Service - 12 rue de Picardie, 75003, PARIS.
Your request must be accompanied by a photocopy of an identity document bearing your signature. The processing of such a request will be carried out as soon as possible and at the latest within 2 (two) months from your request.
8. THIRD PARTY SITES
8.1 In the event that the Services contain hypertext links to websites published by third parties (hereinafter "Third Party Sites") over which the Publisher exercises no kind of control, the latter assumes no responsibility as to the content of Third Party Sites or the content to which Third Party Sites may refer.
8.2 The presence of hypertext links to Third Party Sites does not mean that the Publisher approves in any way whatsoever the content of Third Party Sites. The Publisher is not responsible for any modification or update concerning Third Party Sites. It is not responsible for the transmission of information from Third Party Sites, or for the malfunction of these.
9.1 Professionals partners
· The Site allows the connection and the making of appointments with professional partners. The Publisher cannot be held responsible for comments, images or any other element disseminated by professional partners.
· In no case may the Publisher's responsibility be engaged for any delay, error, or cancellation due to its partners, the latter acting only as an intermediary allowing a connection.
· Likewise, the User acknowledges that the responsibility of the Publisher cannot be sought in any dispute between him and the partner born within the framework of his consultancy activity or the provision of services.
· In its capacity as a contact intermediary, and except in the event of fault on its part, the Publisher cannot also be held responsible for any damage suffered by the user in the context of his relationship with the partner service provider.
9.2 STRUCTURE’s responsibility
The sources of the information disseminated on the site are deemed reliable. However, the site reserves the right to not guarantee the reliability of the sources. The information given on the site is for informational purposes only.Thus, the User assumes sole responsibility for the use of the information and content on this site.
The User makes sure to keep his password secret.Any disclosure of the password, whatever its form, is prohibited.
The User assumes the risks linked to the use of his username and password.The site declines all responsibility.
Any use of the service by the User directly or indirectly resulting in damage must be subject to compensation for the benefit of the site.
An optimal guarantee of the security and confidentiality of the data transmitted is not guaranteed by the site. However, the site undertakes to implement all the necessary means in order to best guarantee the security and confidentiality of the data.
10. IP ADRESS
At the request of the judicial authorities, the Publisher may transmit the User's IP address, so that the User can be identified in cooperation with his Internet service provider.
11. EXCEPTIONAL CIRCUMSTANCES
The Parties expressly consider that there is force majeure when an event beyond the control of the debtor, which could not have been reasonably foreseen when the GCU was accepted and whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation by the debtor.
The case of force majeure suspends the obligations of the Party concerned during the time when force majeure will play if this event is temporary.However, the Parties will endeavor to minimize the consequences as much as possible.
Otherwise, if the impediment is final, the Parties will be released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
12. PROOF CONVENTION
The Parties agree to consider the messages received by fax or electronically and more generally the electronic documents exchanged between them, as original writings within the meaning of article 1316-1 of the Civil Code, that is to say having the same value as that given to the original. The Parties agree to keep the faxes or electronic documents in such a way that they can constitute faithful and lasting copies within the meaning of old article 1348 of the Civil Code.
The duration of this contract is indefinite. The contract takes effect with regard to the User as from the use of the service.
The fact for one or the other of the parties of not availing itself of one or more stipulations of thje CGU cannot in any case imply the waiver by this party of availing themselves ot it later
15. PARTIAL NULLITY
In the event that certain stipulations of the T & Cs are inapplicable for any reason whatsoever, including due to an applicable law or regulation, the Parties will remain bound by the other stipulations of the T & Cs and will endeavor to remedy the clauses inapplicable in the same spirit as that which presided over the conclusion.
The T & Cs are subject to French law. All difficulties relating to the validity, application or interpretation of the T & Cs will be submitted, in the absence of an amicable agreement, to the Tribunal de Grande Instance of Paris, to which the Parties attribute territorial jurisdiction, regardless of the place of performance or the defendant's domicile.
This attribution of jurisdiction also applies in the event of interim proceedings, multiple defendants or third parties.