General Terms and Conditions - Website usage

Legal informations

 

  1. Website presentation

By virtue of law n°2004-575 of June 21st 2004 on confidence in the digital economy, the users of the website www.clauger.com are advised that the identity of the different stakeholders identity as part of its development and its monitoring.

Owner: Clauger, 9 rue de l’industrie – 69530 Brignais, France

Creator : www .clauger.fr

Publication manager : Société Clauger – 9 rue de l’industrie – 69530 Brignais : 04 72 31 91 70

The publication manager is a physical person or legal entity.

Webmaster: Omaha-Beach, 350 avenue Barthélémy Thimonnier 69530 Brignais – 04 72 31 91 70  rhone-alpes@clauger.fr

Host: Céléonet 70 rue Berthie Albrecht – 94400 Vitry-Sur-Seine

 

  1. General Conditions of Use

The usage of www.clauger.com implies the full acceptance of the present clauses and terms of utilization.  These conditions of use may be modified or completed at all times. The users of www.clauger.com should consult them regularly.

This website is usually accessible at all time for users. An interruption caused by technical maintenance might occur and be implemented by www.clauger.com , which will beforehand communicate to its users the dates and times of the intervention.

The website www.clauger.com is regularly updated by the company Clauger. Similarly, the legal terms  and conditions may be modified at all time. However, they are imposed on the user, which should acknowledge them.

 

  1. Description of the services included

The website www.clauger.com aims at informing the users on the whole activities of the company.

Clauger endeavour to include on its website www.clauger.com information as precise as possible. However, Clauger can be held responsible of omissions, inaccuracies or deficiencies in the update, either be Clauger or third parties accountable.

 All the informations included on the website www.clauger.com are given as an indication and may evolve over time. Furthermore, the informations appearing on the website www.clauger.com are not exhaustive; they are subject to changes. 

 

  1. Contractual limitations on technical data

The website uses Javascript.

The website cannot be held responsible for material damages related to the website usage. Moreover, the website user is committed to use recent material, that do not contain viruses and with a last generation and updated web browser, to consult the website.

 

  1. Intellectual property and counterfeiting

Clauger is the owner of the intellectual property rights and possess the usage rights on all accessible elements of this website, notably of the texts, images, logos, icons, noises and softwares.

Any reproduction, representation, modification, publication or adaptation of all or parts of elements of the website, regardless of the means or process used, is forbidden, unless authorized in writing by Clauger.

Non authorized exploitation of the website or of any elements contained and mentioned  will be considered as counterfeiting and will be subject to legal proceeding in accordance with the articles L.335-2 and following, of the Intellectual Property Code.

 

  1. Liability limitations

 

Clauger will not be held liable of direct or indirect damages caused to the users material when accessing the Clauger website. Neither will it be held liable in cases of damages resulting from material usage that does not comply with the specifications outlined in section 4, or of the appearance of a bug or incompatibility.

Clauger will not be held liable for any indirect damage (for example of a loss of market share or loss of opportunity) following the utilisation of the website www.clauger.com.

Interactive areas (possibility to ask questions in the contact section) are to the disposal of the users. Clauger reserves the rights to delete, without prior notifications, any content in the area, that may contravene the French applicable legislation, in particular the dispositions related to data protection. Clauger also reserves itself the right to question the civil and/or penal liability of the user, notably in cases of racist, offensive, slanderous or pornographic message, regardless of the communication medium used.

 

  1. Personal data management

In France, personal data are protected under the law n° 78-87 of January 6th, 1978, the law n° 2004-801 of August 6th, 2004 and article L. 226-13 of the Penal Code and the October 24th, 1995 European Directive.

At the utilization of the website www.clauger.com the following information may be collected: the URL of the links used to access to the Clauger website, the user’s internet provider, the user’s Internet Protocol Address (IP).

In any event, Clauger collects the user’s personal information only for some specific services offered on the website www.clauger.com. The user provides these information with full knowledge, notably when the user provides such information willingly. It is then specified that the user of the website www.clauger.com is obliged or not to provide these information.

In accordance with the provisions of the article 38 and subsequent to the law 78-17 of January 6th of 1978 relative to computing, to the files and to the liberties, any user hold a right of access, of rectification and of opposition to his personal data. The user may achieve his demand in writing, signed and with a copy of identity proof, with the signature of the owner of the identity document, stating the address to which a response should be sent.

No personal information from the www.clauger.com user will be published, exchanged, assigned or sold without the user acknowledgement to third parties. Only in cases where Clauger could sell such data and the user’s right, the purchaser would be bound by the same obligations regarding the preservation and modification of the data to the user of the website www.clauger.com/

The website is not declared to the CNIL since it does not collect personal information.

The data base are protected by the provisions of the 1st of July, 1998 law implementing the directive 96/9 of March 11th, 1996 relative to the judicial protection of data bases.

 

  1. Hyperlinks and cookies

The website www.clauger.com contains a certain number of hyperlinks directing to other websites, installed with the authorization of Clauger. However, Clauger does not have the possibility to check the content of the websites being visited and will not assume no liability on this fact.

Web browsing on the website www.clauger.com is likely to provoke the installation of cookies on the user’s computer. A cookie is a small sized file that does not allow the identification of the user, but that record the information relative to the browsing. The resulting data aim to facilitate the subsequent browsing of this website and will also enable various measures of visits.

Refusing to use a cookie may lead to the loss of access to some services. The user may, however, configure its computer as follows to refuse the installation of cookies.

Under Internet Explorer: tools tab / internet options. Click confidentiality and select block all cookies, click on OK.

With Netscape: editing tab / preferences. Click on advances and deactivate cookies, click on OK.

 

  1. Applicable law and attribution of jurisdiction

Any litigation related to the website www.clauger.fr usage is subject to French law and shall be referred exclusively to the competent courts in Paris, which shall be deemed to have competent jurisdiction in such matters.

 

  1. Main laws concerned

N° 78-87 of January 6th of 1978, notably modified by the law n°2004-801 of August 6th, 2004 on Data Processing, Data Files and Individual Liberties.

N° 2004-575 of June 21st 2004 on confidence in the digital economy.

 

  1. Lexicon

User: web user connected using the mentioned website.

Personal information: ‘’ the information that allows, under any form, directly or not, the identification of natural persons to whom they apply’’ (article 4 of the law n) 78-17 of January 6th 1978.