TERMS OF USE
GENERAL USAGE CONDITIONS
ANY USE OF THE WEBSITE, FOR ANY PURPOSE WHATSOEVER, NECESSARILY REQUIRES THE USER'S UNCONDITIONAL ACCEPTANCE OF THESE GENERAL USAGE CONDITIONS (GUC).
The present general usage conditions concluded between INFOCLIPPER, a simplified joint stock company, registered in the Compiègne company and commercial register under number 497 833 137, whose head office is located at 17, rue des Marronniers, 60620 Cuvergnon, France (hereinafter "INFOCLIPPER"), on the one hand, and the User on the other (hereinafter collectively "the Parties"), are intended to define the contractual provisions relating to the respective rights and duties of the Parties in the context of the use of the website accessible at the following address http://www.info-clipper.com/ (hereinafter "the Website").
The purpose of the Website is to provide the Users with various kinds of legal, financial, legal and administrative information (hereinafter "the Information") about companies (hereinafter "the Businesses") operating in more than 200 countries.
Some of the Information is offered for free on the website, while other Information is available for sale.
It is specified that the purchase of Products on the Website is not governed by these General Usage Conditions but by the General Conditions of BtoB Sale accessible on the website.
The following terms have the following meanings in these General Usage Conditions:
· "Customer": means the contractual partner of INFOCLIPPER who gives a guarantee of being a professional as defined by French law and case law. In this respect, it is expressly stipulated that the Customer is acting in the context of his/her usual or commercial activity.
· "Order": means the purchase of Products by a Customer on the Website.
· "Account": means the area dedicated to the Customer associated with all the data provided by the User, hosted on the Website. Access to the Account is made through the User's Credentials.
· "General Usage Conditions" or "GUC" or the "Contract": refers to these contractual conditions made available on the home page of the Website, in order to govern the use of the Website by any User.
· "Content": refers to all Information, texts, logos, trademarks, animations, audio recordings, drawings and models, photographs, data, hyperlinks and, in general, all elements and contents of INFOCLIPPER published on the Website.
· "Currency": means all the payment currencies offered on the Website.
· "Business": refers to any company or independent entrepreneur, and where applicable, associations, foundations and official bodies, whose Information is available for purchase on the Website.
· "Prepaid Pass": refers to the prepayment of an amount to be determined that allows the Customer to place Orders on the Website.
· "Credentials": means the email address and password chosen by the Customer, necessary to access his/her Account on the Website.
· "Information": means all legal, administrative, financial and economic Information relating to a Business and published on the Website.
· "Parties": in the plural, means INFOCLIPPER and the User collectively. In the singular, it means only one of the two Parties.
· "Products": means all products marketed by INFOCLIPPER on the Website, i.e. the official documents concerning the Businesses listed on the Website (such as, for example, a register extract, a declaration of indebtedness, deeds and articles of association or any other document depending on the country of establishment of the relevant Business).
· "Services": means all the services offered by INFOCLIPPER to Users through the Website.
· "Website": means the Website of INFOCLIPPER accessible at the following address http://www.info-clipper.com/
· "User": means any natural or legal person who accesses and navigates the Website, whether being a Customer or a visitor.
The use of the Website and the Services implies the acceptance of these GUC.
Thus, the User undertakes to read these General Usage Conditions carefully when accessing the Website and is invited to download, print and keep a copy.
It is specified that these GUC are referenced at the bottom of each page of the Website and can therefore be consulted at any time.
By using the Website, the User acknowledges having the necessary means and skills to use the features offered on the Website.
The hardware necessary to access and use the Website is at the User's expense, as are the telecommunications costs incurred by its use.
Any User may access the Website and its various features free of charge.
It is expressly specified that in order to proceed with the Order of Products, the User must create an Account on the Website.
The User wishing to become a Customer is invited to follow the steps described below:
Any Customer has the possibility of registering during the first visit on the Website in order to create an Account. The registration of the Customer on the Website is free.
In order to open an Account, the Customer must complete the following Information:
- Country of establishment;
- Title, surname, first name, postal address and telephone number;
- Company information (optional);
- Email address;
- Password;
Any incomplete registration will not be validated, which the Customer acknowledges and accepts.
The Information that the Customer provides to INFOCLIPPER at the time of registration must be complete, accurate, up-to-date, truthful and not misleading. INFOCLIPPER reserves the right to ask the Customer to confirm, by any appropriate means, his/her identity, eligibility and the Information provided.
The Customer is informed and accepts that the Information entered for the purpose of creating or updating the Account is proof of identity. The Information entered by the Customers is binding as soon as it is validated.
The Customer undertakes to update this Information in his/her Account without delay in the event of changes, so that it always corresponds to the above criteria.
The registration of a Customer automatically leads to the opening of an Account in his/her name, which allows him/her to manage the Products ordered.
The email address and password constitute the Customer's Credentials.
The Customer may log in to his/her Account to change his/her password. It is recommended that the Customer change his/her password regularly.
The Customer can access his/her Account at any time after having identified himself/herself using his/her Credentials.
The account allows the Customer to
- Consult the Orders placed on the Website;
- Update his/her personal Information;
- Manage his/her prepayments;
- Manage newsletter mailshots.
INFOCLIPPER undertakes to keep in a secure manner all contractual elements whose conservation is required by the law or by the regulations in force.
The Customer is solely responsible for the use of his/her Credentials or the actions carried out through his/her Account.
In the event that a Customer discloses or uses his/her Credentials in a manner contrary to their intended purpose, INFOCLIPPER may terminate access to the Account without notice or compensation.
In no case will INFOCLIPPER be held liable in the event of theft of the identity of a Customer. Any access and action carried out from a Customer's Account will be presumed to have been carried out by that Customer, provided that INFOCLIPPER is not required to verify the identity of persons accessing the account and does not have the technical means to do so.
The loss, misappropriation or unauthorised use of a Customer's Credentials and their consequences are the sole responsibility of the Customer, who must inform INFOCLIPPER, without delay, by email sent through the "Contact Us" section.
The Customer can close his/her Account by sending an email through the "Contact Us" section.
INFOCLIPPER will proceed as soon as possible to a deactivation of the Account and will send the Customer an email confirming the closure.
In the case of ongoing Orders, these must be paid for by the Customer and delivered by INFOCLIPPER.
In the event that the Customer has subscribed to a Prepaid Pass with a credit balance at the time of closing the Account, the Customer expressly accepts that the funds remaining on the Prepaid Pass are definitively acquired by INFOCLIPPER.
Any User may access the Website and its various features free of charge.
The main service offered by INFOCLIPPER is to search and obtain Information on Businesses established in countries all over the world.
The User can use the search engine to find a Business and access its Information.
To do so, he/she must select the country of the Business he/she is looking for and enter the Business name or any other available criteria.
Results matching the User's search will be presented in order of relevance.
The User will be able to access the Business directory by country. The User is invited to select a country and a city.
All Businesses whose Information is available on the Website and which are located in the selected country and city will be presented to the User.
The User may access the tab "Groups: list of parent companies and subsidiaries", which lists the Businesses whose Information is available on the Website, grouped according to their capital links.
The User can access the "Most searched Businesses" tab.
All Businesses with the most views in the last month are displayed.
The Customer may contact INFOCLIPPER in order to entrust it with the task of finding an identical company name.
INFOCLIPPER will perform this search simultaneously in all countries.
The Customer may contact INFOCLIPPER in order to compile a file or a list of Businesses. The Customer will provide INFOCLIPPER with the list of relevant criteria to be used for the drafting of this list (geographical criteria, activity of the Business, etc.).
INFOCLIPPER will then compile the file and the list of Businesses that meet all the criteria defined by the Customer.
Any Customer may place an Order for Products.
It is specified that these GUC do not govern the purchase of Products on the Website. All Product Orders are governed by the Conditions of BtoB Sale available on the Website.
When using the Services, each User undertakes not to undermine public order, to comply with the laws and regulations in force and to respect the rights of third parties and the provisions of these GUC.
In particular, each User is required to:
- Behave fairly towards INFOCLIPPER;
- Be honest and sincere in the Information provided to INFOCLIPPER;
- Use the Website in accordance with its purpose as described in these GUC;
- Not abuse the purpose of the Website to commit crimes, offences or breaches punishable by the Criminal Code or any other law;
- Respect the privacy of others and the confidentiality of correspondence;
- Respect the intellectual property rights of INFOCLIPPER concerning the elements and Contents of the Website;
- Not seek to undermine within the meaning of Articles 323-1 ff. of the French Criminal Code the automated data processing systems implemented on the Website, in particular by practices such as scrapping;
- Not use the Information on this Website for commercial purposes;
- Not change the Information posted by INFOCLIPPER;
- Not use the Services of the Website to send mass unsolicited messages (advertising or other);
- Not disseminate data that would diminish, disrupt, slow down or interrupt the normal operation of the Services and the Website.
The User uses the Services under his/her entire and exclusive responsibility.
The User agrees to make reasonable use of the Services offered, i.e. to make a maximum number of 100 searches within 24 hours.
The general duty of INFOCLIPPER is a duty of means. INFOCLIPPER does not have any duty of result or reinforced means of any kind.
INFOCLIPPER undertakes to do everything in its power to ensure the continuity of access and use of the Website 7 days a week and 24 hours a day.
INFOCLIPPER draws the attention of the Users to the fact that the current protocols of communication over the Internet do not make it possible to ensure in a certain and continuous way the transmission of electronic exchanges (messages, documents, identity of the transmitter or the recipient).
The User is exclusively liable for his/her use of the Website.
In particular, the User is exclusively liable for damages resulting in whole or in part from:
- Misuse of services, including through negligence;
- Intrusion or fraudulent use by a third party from their smartphone or tablet;
- The hardware used to access the services.
INFOCLIPPER declines all liability in particular:
- in the event of impossibility to temporarily access the Website for technical maintenance operations or updating of published Information. INFOCLIPPER will make its best efforts to inform Users of interruptions to the Services. The User acknowledges that INFOCLIPPER cannot be held liable in the event of malfunctions or interruptions of the said transmission networks;
- in the event of a virus attack, illicit intrusion into an automated data processing system;
- in the event of abnormal use or illicit exploitation of the Website by a User or a third party;
- concerning the content of third party websites to which the hyperlinks of the Website refer;
- in the event of non-compliance with these GUC attributable to Users;
- in the event of delay or non-performance of its duties, when the cause of the delay or non-performance is related to a case of force majeure as defined in Article 9 of these GUC;
- in the event of a foreign cause not attributable to INFOCLIPPER;
- in the event of unlawful action by a User, or of contractual non-performance of which a User has been guilty.
In the event of abnormal use or illicit exploitation of the Website, the User is then exclusively liable for damages caused to third parties and the consequences of claims or actions that could result from it.
INFOCLIPPER's liability cannot be triggered if the non-performance or the delay in the performance of one of its duties described in these GUC is due to a case of force majeure.
Force majeure in contractual matters occurs when an event beyond the control of the party under an obligation, which could not reasonably be foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the party under an obligation from performing his/her duty.
If the impediment is temporary, performance of the duty is suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract will be terminated by force of law and the parties will be released from their duties under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code.
In the event of the occurrence of any of the above events, INFOCLIPPER will endeavour to inform the User as soon as possible.
The User acknowledges the intellectual property rights of INFOCLIPPER on the Website, its components and related content and waives any challenge to these rights in any form.
The trademarks, logos, slogans, graphics, photographs, animations, videos, audio recordings, software solutions and texts and any other content of the Website are the intellectual property of INFOCLIPPER and may not be reproduced, used or represented without express authorisation on pain of legal proceedings.
In some cases, this content is not the property of INFOCLIPPER, but the latter has obtained express permission to use it or may use it in accordance with applicable law.
Any representation or reproduction, in whole or in part, of the Services, the Website or its Content, by any means whatsoever, without the express prior authorisation of INFOCLIPPER is prohibited and would constitute an infringement punishable by the provisions of the Intellectual Property Code.
In particular, INFOCLIPPER expressly prohibits:
- The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of its database on another medium, by any means and in any form whatsoever;
- Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of the database, in any form whatsoever;
- Reproduction, extraction or reuse, by any means, including methods similar to scrapping of the Content (photographs, descriptions, etc.) published by INFOCLIPPER.
Acceptance of these GUC implies recognition by Users of INFOCLIPPER's intellectual property rights and the commitment to respect them.
INFOCLIPPER grants a non-exclusive and non-transferable right of access to Users authorising them to use the Website and the Information contained in it, in accordance with these GUC.
Any other use of the Website and its contents is excluded from the scope of this right and cannot be made without the express prior authorisation of INFOCLIPPER.
The Information appearing on the Products marketed on the Website is the exclusive property of the Businesses to which this Information is attached.
The Customer may not, under any circumstances, appropriate or attempt to appropriate unduly the Information contained on the Products, in particular with a view to creating a database.
By purchasing Products on the Website, the Customer benefits from a right of use of the said Products including only the visualisation of the Information on any support and the copy of the Products. This use is exclusively reserved for private and professional use and does not confer any right of reproduction or redistribution, particularly for commercial purposes.
Within the context of the operation of the Website, INFOCLIPPER, the data controller, is likely to collect personal data from Users.
This data is collected for the management and provision of the Services, to respond to requests for Information about the services offered, to ensure the proper functioning and continuous improvement of the Website and its features and to respond to requests to exercise rights and, if you have chosen this option, to send you our newsletter and commercial offers.
In this regard, the User is invited to consult INFOCLIPPER's Privacy Policy available on the Website, which will provide further Information on the protection of personal data, on the processing carried out by INFOCLIPPER and on how to exercise these rights.
Any questions about the use or operation of the Website and services can be asked either:
- through the "Contact Us" section, or
- by mail to: INFOCLIPPER - 17 rue des Marronniers, 60620 CUVERGNON, FRANCE
If any provision of these GUC is declared null and void by a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed unwritten but will not affect the validity of the other clauses which will remain fully applicable.
Any such change or decision does not entitle Users to disregard these terms of use.
These GUC apply to any User browsing the Website.
The GUC may be changed and updated by INFOCLIPPER at any time, in particular to adapt to legislative or regulatory changes.
The applicable GUC are those in effect at the time of browsing the Website.
The fact that one of the Parties has not required the application of a clause of these GUC, either permanently or temporarily, will in no case be considered as a waiver of the said clause.
In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
the competent commercial court in the jurisdiction of INFOCLIPPER's registered office will be competent to hear any dispute concerning the application of these GUC as well as their interpretation, performance and subsequent sales contracts concluded by INFOCLIPPER or concerning the payment of the price, even in the case of multiple debtors, appeal in warranty or referral.
However, INFOCLIPPER reserves the right to summon the User to appear before the commercial court in whose jurisdiction the User is domiciled.
These GUC as well as the relations between the User and INFOCLIPPER are governed by French law.
However, before any recourse to the arbitral or state judge, negotiation will be privileged in a spirit of loyalty and good faith in order to reach an amicable agreement in the event of a dispute relating to these GUC, including those concerning their validity.
The Party wishing to initiate the negotiation process will inform the other Party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If at the end of a period of one (1) month, the Parties do not reach an agreement, the dispute will be submitted to the competent court designated above.
Throughout the negotiation process and until its conclusion, the Parties will refrain from instituting any legal action against each other regarding the dispute that is the subject of the negotiation. By way of exception, the Parties will be entitled to bring an action before a court of summary jurisdiction or to seek an order on a motion. Any action before the summary jurisdiction or the implementation of a procedure on petition will not entail any waiver by the parties of the amicable settlement clause, unless they expressly wish otherwise.
15/03/2022