TERMS AND CONDITIONS

Cairdac, (“Cairdac,” “we,” “us,” or “our”) welcomes you. We invite you to access and use our website.

We provide visitors to our Website (“Visitors”) access to the Website subject to the following Terms of Use, which may be updated by at any time without notice to you. By browsing the public areas or by accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”).

If you do not agree to any of these terms, then please do not use the Website.

Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through our Website, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall govern.

1. Description and use of our Website

We provide Visitors with access to the Services as described below.

Visitors, as the term implies, are people who do not register with us, but want to explore the Website. No login is required for Visitors. Visitors can: (i) view all publicly available content on the Websites; and (ii) email us.

2. Image Rights

All persons, represented in the photos and films published on the site www.Cairdac.com have consented to the use of their image as part of the services provided to the clients of Cairdac. The employees and directors of the company whose image is used on the site www.Cairdac.com have consented to the use of these iconographic documents in the context of said site and only in this context. In the absence of a written agreement previously granted by the clients and / or Cairdac, the use of the image of the aforementioned persons is strictly prohibited in any respect whatsoever.

3.Privacy Policy

The configuration of the site www.Cairdac.com gives the opportunity to Cairdac to retrieve information that is attached to users of the site: the objective is to know you better, understand you and meet your expectations and needs.

If you accept it, we may send you regular news / topics that may be of interest to you. If you do not want this data to be collected, you can configure your browser to reject any installation of files (“cookies”) that allows us to obtain them.

Cairdac strives to maintain a strict confidentiality in regard to this information, which cannot in any case be resold and / or communicated to third parties. You can of course leave no information, thus preventing us from contacting you.

Cairdac understands that, in accordance with the Data Protection Act No. 78-17 of 6 January 1978, the user has at any time a right of access, rectification or deletion of his data: in this case, the user must send an e-mail to the following address: contact@cairdac.com

The personal data collected (contact form) by Cairdac are only intended for internal use.

Under no circumstances will this data be communicated or sold to third parties.

In accordance with French law, the www.Cairdac.com site is declared to the CNIL under the number (to come).

You can, at any time, request the modification, the rectification and the suppression of the data which concern you.

4.Fees and Payment

As consideration for any purchase you make on the Website, you shall pay Cairdac all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the purchase process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in France and/or the European Union, all payments will be charged and made in € Euros. If the mailing address you provided us is outside France or the European Union or any of its possessions or territories, all payments will be charged and made in € Euros.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen. You hereby authorize Cairdac to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

5.Intellectual Property

The Website contains material, such as videos, photographs, text, graphics, images, and other material provided by or on behalf of Cairdac (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both French and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Visitors may view all publicly available Content for their own personal, non-commercial use. Visitors who have signed up to receive information and reading materials, may download onto their own machines and view any Content contained in such products for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Cairdac. Cairdac retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

Reproduction and diffusion of any of the Content are strictly prohibited. In the event of authorization of reproduction and / or diffusion exceptionally granted by Cairdac based on a prior written agreement, the following mention must imperatively be mentioned:

COPYRIGHT © 2019 CAIRDAC

If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of Cairdac (the “Cairdac Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Cairdac. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Cairdac Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Cairdac Trademarks inures to our benefit.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

6.Communications with Us

Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

7.No Warranties; Limitations of Liability

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITE AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES
’RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOUR USE OF THE WEBSITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS UNLESS REQUIRED BY APPLICABLE LAWS.

THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE.

8.External Sites

The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

9.Compliance with Applicable Laws

The Website is based in France. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of France. If you access the Website or the Content from outside of France, you do so at your own risk. Whether inside or outside of France, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

10.Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.


11.Digital Millennium Copyright Act

Cairdac respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide us with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Contact us via Email at contact@cairdac.com or via Mail at:

Cairdac
Centre d’Affaires Renaissance – Bât.D
8, rue de la Renaissance
F-92160 Antony
France

12.Controlling Law

This Agreement and any action related thereto will be governed by the laws of France without regard to its conflict of laws provisions.

13.Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of a French Court for purposes of any such action by us.