TERMS AND CONDITIONS OF USE OF ECR-REF.COM WEBSITE
Welcome
to ecr-ref.com
Ecr-ref.com
is operated by CARRIER ECR, a French sole-owner simplified joint-stock company (société
par actions simplifiée unipersonnelle), with capital of 128 000 Euros, having
its registered office at Z.I. Les Paluds, 178 rue du Fauge , BP 1123,
13782 Aubagne Cedex, France, registered with the Register of Trade and
Companies of Marseille under no. RCS B 338 866 106.
1. Ecr-ref.com currently provides you access to one of
Europe’s first evolutive and interactive portals dedicated to the refrigeration
and air conditioning market. Ecr-ref.com provides this Site to you under the
terms and conditions sets forth below. You can access these terms and
conditions at any time at http://www.ecr-ref.com .
2. BY ACCESSING ANY PORTION OF
THE SITE OR ALLOWING OTHERS TO DO SO, THE USER ACCEPTS THESE terms and conditions. THE USER FURTHER AGREES
TO COMPLETE THE REGISTRATION PROCESS in order to become a member.
1. “Terms and Conditions” means these
terms and conditions of use of the Site that is made available by ecr-ref.com;
2. “Content”
means any Personal Data, questions, messages or transmissions of any nature
whatsoever, posted or made by a User on or through the Site;
3. “Personal
Data” means the personal data provided by a User to ecr-ref.com (including,
without limitation, name and electronic address), excluding all personal data
appearing on any CV that the User may post on the Site’s “forum” section, in
relation to which ecr-ref.com shall have no liability whatsoever.
4. “Registration
Data” means personal data provided by Members and any information requested by
ecr-ref.com on the off line registration form and processed in ecr-ref.com’s
data base.
5. “Member”
means individual or corporate traders having transmitted their Registration
Data to ecr-ref.com, and whose registration ecr-ref.com has accepted by sending
them individually by registered letter, return receipt requested, (i) an access
code including a password (hereafter the “Code”) and (ii) a copy of these Terms
and Conditions. It is specified that the rights and obligations applying to
Members do not apply to Users.
6. “Privacy
Policy” means the privacy policy to which ecr-ref.com commits with respect to
Users, and which may be accessed at http://www.ecr-ref.com/terms/ecr/privacy.htm
7. “Product”
means the products and components offered by ecr-ref.com in its online
catalogue, accessible on the Site.
8. “Site”
means all the files and services offered on the Site which the User may access
through the Internet http protocol at the URL (Uniform Resource Locator) http://www.ecr-ref.com, it being understood that the services are provided
to Users subject to compliance with these Terms and Conditions.
9. “User”
means an internaut connecting to the Site. It is specified that the rights and
obligations applying to Users also apply to Members.
1. Ecr-ref.com may amend the Terms and Conditions at any
time.
2. The User is advised that ecr-ref.com may amend the
Terms and Conditions under the following circumstances, and expressly agrees to
such amendments:
(a) minor
alterations useful for proper operation of the Site;
(b) alterations
required by the evolution of national or European rules and regulations.
3. In the event any amendments made by ecr-ref.com to the
Terms and Conditions create new obligations for the User or vary its current
obligations, ecr-ref.com agrees to inform the User with reasonable prior notice
of the intended amendment. No amendment to the Terms and Conditions shall apply
to orders previously placed on the Site by a Member.
4. In the event of conflict between the provisions of the
Terms and Conditions and any change made thereto, in particular in order to
comply with the national laws and regulation in force, the amendments shall
prevail.
When accessing or using the portion of the Site dedicated
to “online commerce”, the
Member agrees to provide true, accurate, complete and current Registration Data
and to maintain it true, accurate, complete and current at
all times.
Failing which, or if ecr-ref.com is advised that such
information is untrue, inaccurate or incomplete, ecr-ref.com reserves the right
to refuse or suspend the Member’s access to the Site.
Ecr-ref.com reserves the right to modify or
discontinue, temporarily or permanently, the Site or any part thereof. The User
agrees that ecr-ref.com shall not be liable for any modification, suspension or
discontinuance of the Site.
1. In order to use the Site, the User must have adequate
equipment and access to the World Wide Web, and pay any fees associated with
such access. The User is solely responsible for such equipment and access,
including maintenance and repair.
2. The User must also have an electronic address, and
ensure that ecr-ref.com is advised at all times of the
address used. In the event of change of electronic address, the User
agrees to promptly provide ecr-ref.com with its new address.
1. Pursuant to the Privacy Policy which the User may
access from http://www.ecr-ref.com/terms/ecr/privacy.htm,
ecr-ref.com may disclose to third parties certain information contained in the
User’s Personal Data or Registration Data.
2. In accordance with the provisions of French law no. 78-17
of January 6, 1978 relating to information technology, databases and liberties,
Ecr-ref.com has registered its processing of personal data with the French
National Commission for Data Protection (CNIL) and the User has a right to
access, modify and delete the personally identifying data that it provides in
accordance with the Privacy Policy that may be accessed by Users on the Site at
http://www.ecr-ref.com/terms/ecr/privacy.htm
3.
Ecr-ref.com is in no way
responsible or liable for any personal information that the User may make
available to other Users when posting its CV in any sections of the Site, which
ecr-ref.com agrees to not process for any purpose other than (i) maintaining
such data as provided on its Site and (ii) disclosing such data as provided to
other Users.
The User expressly states that it has read the Terms and
Conditions of Use of the ecr.ref.com Site as well as this Privacy Policy.
The User expressly authorises CARRIER ECR. to process its
personal data in accordance with the terms set forth in such two documents, including
as regards their transfer to business partners of CARRIER ECR, who may use such
data, including for marketing purposes.
1. The French Code of Intellectual Property authorises
only copies or reproduction of all or part of works (including, without
limitation, images, sound, screen pages, software, music, photographs,
graphics, video, messages available on the Site) for the exclusive private use
of the User and prohibits public use of such works by the User.
2. The content contained in advertising material or
sponsor information presented through the Site or advertisers is protected by
copyright.
3. Any use, in whole or part, of any work, under any form
whatsoever, without the prior written consent of its author, is prohibited and liable
to civil and/or criminal proceedings.
4. Ecr-ref.com advises the User that it does own the
intellectual property rights in the Content provided and available on the Site.
5. When providing or submitting Content, the User
warrants to ecr-ref.com that it owns all the intellectual property rights in
the Content required in order to grant to ecr-ref.com a royalty-free,
non-exclusive and fully sub-licensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part) for the duration of the
copyright relating to such Content, worldwide, in or through any medium,
including the Internet, and/or to incorporate it in other works in any form,
media, or technology now known or later developed.
6. The User acknowledges that
ecr-ref.com does not pre-screen any Content. The User is solely responsible for
evaluating and bears all risks associated with the use of any Content,
including any reliance on the accuracy, completeness, or usefulness of such
Content.
7. Ecr-ref.com reserves
the right to refuse, edit, move or remove all or part of any Content that is
transmitted via the Site.
8. The software embedded in the Site (the “Software”) or
required for access and use of the Site by the User cannot and shall not be
considered as a part of the Content or any part of the Site. The User may not
do, or attempt to do, any or similar or equivalent of the following:
·
create interoperability
between the Software and any external software system;
·
de-compile, disassemble or
reverse engineer the Software;
·
in any other way obtain
access to or information which is part of the source code of the Software;
·
modify any portion of the
Software or create derivative works of the Software;
·
download any portion of the
Software;
·
use the Software for any
other purpose than using the Site and, when doing so, using the Software in a
form or manner different than the form and manner explicitly or implicitly
defined by ecr-ref.com in designing the Service and Site;
·
distribute, sell or exploit
commercially in any other form or manner the Software, for a consideration or
otherwise, by any legal operation whatsoever.
9. If the User believes that its work has been used or
copied in a way that constitutes an infringement of its intellectual property
rights and subject to such infringement occurring on this Site or on sites
linked to from this Site, the User is requested to provide to
webmaster@ecr-ref.com a Notice containing the following elements:
·
a copy of
the power of attorney in favour of the person authorised to act on behalf of
the owner of the intellectual property right that is alleged to have been
infringed or a statement of ownership of such right by the User;
·
a
description of the proprietary work that is alleged to have been infringed;
·
a
description and identification of the location on the Site of the allegedly
infringing material which the User requests to be removed;
·
information
sufficient to permit Ecr-ref.com to contact the User (physical address,
telephone number, and email address);
·
a
statement by the User that it has a good faith belief that the use of the
allegedly infringing material identified in the Notice is not authorised by the
intellectual property right owner;
·
a
statement on the honour by the User, valid as an affidavit (“attestation”)
within the meaning of Article 202 of the New French Code of Civil Procedure,
that the information contained in the Notice is accurate.
The User is solely liable to ecr-ref.com for any
violation of the above rules and ecr-ref.com reserves the right to take legal
action against such User.
a)
The User agrees (i) to not
use the Site for unlawful purposes, including, without limitation, to not
transmit messages that are contrary to public order, indecent, defamatory or
constitutive of a violation of privacy, (ii) to not transmit any messages,
information or data liable to prejudice in any manner whatsoever the rights of
ecr-ref.com and/or third parties, including the patrimonial rights of
ecr-ref.com and/or third parties.
b)
For example, without
limiting the foregoing, the User agrees not to use any portion of the Site to
download, upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libellous, hateful, invasive of another’s privacy, or racially,
ethnically, religiously, or otherwise objectionable.
a) The User agrees to use the Site in a responsible and
cautious manner (“en bon père de famille”), for purposes and under
conditions complying with those defined by ecr-ref.com.
b) The User agrees to not access or attempt to access in
an unlawful manner other computer networks or systems connected to the Site, to
not interfere with the use and enjoyment of the Site by other Users and to not
use the Site in order to transmit viruses, Trojan horses or other disruptive
programmes.
c) For example, without limiting the foregoing, the User
agrees to not use any portion of the Site to:
·
impersonate any person or
entity, including, but not limited to, a ecr-ref.com official, forum leader,
guide or host, or falsely state or otherwise misrepresent your affiliation with
a person or entity;
·
forge headers or otherwise
manipulate identifiers in order to disguise the origin of any Content
transmitted through to and on the Site;
·
download, upload, post,
email or otherwise transmit any Content that the User does not have a right to
transmit under any law or under contractual obligation (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements);
·
download, upload, post,
email or otherwise transmit any Content that infringes any intellectual or
industrial property rights;
·
download, upload, post,
email or otherwise transmit any unsolicited or unauthorised advertising,
promotional materials, such as “junk mail”, “spam”, “chain letters”, “pyramid
schemes”, any Content or advertising or promotional materials that may be
considered as comparative advertising or as unfair or anti-competitive or that
may infringe any French or European competition laws or regulations;
·
upload, post, email or
otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
·
disrupt or affect in any manner the other users’
ability to use the Site under normal conditions as designed by ecr-ref.com;
·
interfere with or disrupt
the Site or servers hosting the Site or networks enabling access to the Site or
connected to the Site, or disobey any requirements, procedures, policies or
regulations of networks connected to the Site;
·
generally violate any
national or international law or regulation;
·
“stalk” or otherwise harass
any other person; or
·
process any personal data
(including, without limitation, disclosing, collecting or storing personal data
about other users).
d) The User agrees to inform ecr-ref.com without delay of
any violation of the above rules of which the User may have knowledge.
The User is aware of the global nature of the World Wide
Web (also known as the Internet), and agrees to comply with all applicable
rules regarding online conduct and Content. Specifically, the User agrees to
comply with (i) all applicable laws regarding the transmission of technical
data exported from France, the European Union or the country in which the User
resides, and (ii) applicable laws regarding the transmission or exchange of
personal data in the country in which the User resides. Accordingly, the User
agrees to not access, download, use or export the information, software,
products or services contained on the Site in violation of French or European
laws or regulations.
When
placing an order, the Member agrees to: (i) provide true, accurate, current and
complete information about the Member as requested in the Registration Data. If the Member provides information
that is untrue, inaccurate, not current or incomplete, ecr-ref.com
will have no liability for inability to deliver the Products and will have the right
to immediately suspend all current and future access to the Site.
Ecr-ref.com reserves
the right to cancel any order by a Member in the event ecr-ref.com has an
unsettled dispute with such Member, including with respect to payment of any
prior order.
The
Member agrees to maintain the Code in strict confidence and remains solely
liable for any use made thereof. The Member agrees to immediately inform webmaster@ecr-ref.com of any unauthorised use of the Code and of any violation
of the confidentiality and security of such Code or of the Site of which the
Member may have knowledge. In the event of fraudulent use of the Member’s Code,
ecr-ref.com reserves
the right to immediately suspend all current and future access to the Site by
such Member and to terminate the litigious Code.
Ecr-ref.com may request confirmation, by any appropriate
means, of any order made after such termination of the Code. Ecr-ref.com
further reserves the right to request confirmation from the Member of any order
that appears abnormal, by any appropriate means.
Ecr-ref.com shall not be liable for any loss or damage caused by a
breach of the obligations set forth in this section.
An order placed on the Site will
be validly made only after the Member has (i) fully and accurately completed on
the pages of the Site all information required for ordering and delivery and
(ii) confirmed its order by clicking the confirmation button on each relevant
page.
The User agrees to not commercially exploit access to
or any portion of the Site.
1.
Ecr-ref.com reserves the right to establish general
practices and limits concerning use of the Site, the maximum disk space that
will be allotted to the Member on ecr-ref.com’s servers, and the maximum number
of times and the maximum duration a User may access the Site in a given period
of time. Ecr-ref.com has no responsibility or liability for the deletion or
failure to store any data and other communications or other Content maintained
or transmitted on or through the Site.
2.
Ecr-ref.com
reserves the right to log off Members’
accounts that are inactive for an extended period of time.
Ecr-ref.com reserves the right to suspend access to
the Site or to certain services without prior notice, in particular, without
limitation, (i) if ecr-ref.com believes that the User has breached any
provisions of these Terms and Conditions (ii) in the event of failure to pay
any off line or online order by a Member or (iii) in the event of a commercial
dispute with ecr-ref.com.
1.
The Site may provide or third
parties may provide links to other World Wide Web sites or resources. Insofar
as ecr-ref.com has no control over such sites and resources, ecr-ref.com is not
responsible for the availability of such external sites or resources and does
not endorse and is not responsible or liable for any Content, advertising,
products or other materials on or available from such sites or resources.
2.
Ecr-ref.com shall not be
responsible or liable, directly or indirectly, for any damage or loss caused by
or relating to use of the Content, goods or services available on or through
any such sites or resources of the World Wide Web.
1.
Use of the Site is at the User’s
sole risk, in particular as regards use of Content and downloading of any
portion of Content. The Site is provided on an “as is” and “as available”
basis. Ecr-ref.com expressly disclaims any implied warranty of merchantability
or fitness for a particular purpose. Ecr-ref.com makes no warranty that (i) the
Site will meet the User’s requirements, (ii) the Site will be uninterrupted or
error-free, (iii) the results that may be obtained from the use of the Site
will be accurate or reliable.
2.
Ecr-ref.com shall not be liable
for any indirect damages, including but not limited to, damages for loss of
profits, goodwill, use, data or other losses resulting from: (i) the use or the
inability to access all or part of the site; (ii) unauthorised access to or
alteration of the User’s transmissions or data; (iii) statements or conduct of
any third party on the Site.
3.
As regards Members, ecr-ref.com
shall not be liable for any indirect, incidental or consequential damages,
including but not limited to, damages for loss of profits, goodwill, files or
data or any other loss or damage (including, without limitation, to brand
image), resulting from: (i) the use or the inability to access all or part of
the Site; (ii) the cost of procurement of substitute goods and services
resulting from any goods, data information or services purchased or obtained or
messages received or transactions entered into through or from the Site; (iii)
unauthorised access to or alteration of the User’s transmissions or data; (iv)
statements or conduct of any third party on the Site.
The Member’s correspondence or business dealings with,
or participation in promotions of, other advertisers or Members of the Site
found on or through the Site, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between the Member and such other
advertiser or Member. Ecr-ref.com shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertiser or Member on the Site.
The Member grants to ecr-ref.com the right to issue press
releases listing it as a customer of the Site and to display its logo on
ecr-ref.com’s customer list and the Site.
0All Notices will be made in
writing and sent by email to webmaster@ecr-ref.com
or by regular mail to the following address: CARRIER ECR, Webmaster, Z.I. Les
Paluds – 178 rue du Fauge – B.P. 1123 – 13782 Aubagne Cedex – France.
These Terms and Conditions constitute the entire agreement between the
User and ecr-ref.com unless an express written agreement has been executed
between the User and ecr-ref.com, such agreement to prevail in the event of
conflict.
Failure by the User or ecr-ref.com to enforce any
provision of these Terms and Conditions shall not constitute a waiver of such
provision or any other provision of these Terms and Conditions.
If any provision of these Terms and Conditions is held
to be invalid under any law or pursuant to a final court judgement, the other
provisions of these Terms and Conditions will remain in full force and effect.
In the event of inconsistency between any one of these
clauses and its title, the content of the clause shall prevail.
These Terms and Conditions are subject to and governed
by French law.
AS REGARDS MEMBERS, PURSUANT
TO THE PROVISIONS OF article 48 OF THE NEW FRENCH CODE OF CIVIL ProcEdure, FAILING AN AMICABLE AGREEMENT BETWEEN THE
PARTIES with respect to any dispute relatiNG to the construction,
performance or terminaTIon of this agreement, jurisdiction is expressly granted
to the commercial court of LYON, this, notwithstanding plurality of defendANTS
or introduction of third parties, including for emergency interim proceedings.
Ref. TOS
VA- 08 05 01