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Legal notice

Legal notice

Last update: 12/12/2022

The « https://www.hyvia.eu » website is edited by:

Publisher:
HYVIA, a simplified joint stock company with share capital of 3 255 001 Euros, registered in the Versailles Register of Trade and Companies under number 899 902 191, and having its head office at 42 Route de Beynes, 78640 Villiers-Saint-Frédéric.
Publishing Director: David Holderbach
Intra-community VAT N°: FR 63899902191
E-mail: hyvia.company@hyvia.eu

Hosted by:
ALTER WAY, a simplified joint stock company with share capital of 1 870 890 euros, registered in the Nanterre Register of Trade and Companies under number 490 932 308, and having its head office at 1 rue Royale, 92210 Saint-Cloud.
Tel: 0141163495

TERMS AND CONDITIONS OF USE

The website https://www.hyvia.eu/ (hereinafter the “Site”) is published by HYVIA, a simplified joint stock company with share capital of 3 255 001 Euros, registered in the Versailles Register of Trade and Companies under number 899 902 191, and having its head office at 42 Route de Beynes, 78640 Villiers-Saint-Frédéric (hereinafter “HYVIA” or “we”).

The purpose of the present terms and conditions of use (hereinafter the “T&CS”) is to define the terms and conditions for the use of the Site.

Access to and use of the Site imply the User’s unreserved acceptance of the T&CS. The User must have the legal capacity to accept the T&CS. If the User does not wish to, or cannot, accept them, s/he must not access or use the Site.

1 – DEFINITIONS

For the present purposes:

“Site” refers to the website https://www.hyvia.eu/ published by HYVIA. The Site includes the Content, software, programs, tools (for programming, browsing, etc.), databases, operating systems, documentation and all other elements of which it is made up, updates and new versions that may be made to the Site by HYVIA.

“Content” refers, but is not limited to, the structure of the Site, editorial content, drawings, illustrations, images, photographs, graphic charts, trademarks, logos, labels, company names, audiovisual works, multimedia works, visual content, audio and sound content, as well as all other content present on the Site.

“Cookies Policy” refers to HYVIA’s policy on cookies, available here, as well as to any cookies policy that should replace it.

“Privacy Policy” refers to HYVIA’s personal data privacy policy, available here, as well as to any privacy policy that should replace it.

“Users” refers to an adult natural person using the Site in the context of a strictly personal or professional use.

2 – SITE OBJECT

The Site is a portal allowing the User to:

– Learn about HYVIA’s ecosystem and activities;
– Be informed about news relating to HYVIA;
– Obtain commercial information from HYVIA.

This list is not exhaustive and may be changed at any time by HYVIA, this latter incurring no liability in such case.

3 – SITE ACCESS

The Site can be accessed on the internet network at the following address: https://www.hyvia.eu. Access to and use of the Site are free of charge. To access the Site and use it, the User must have a device (computer, tablet, smartphone, etc.), compatible software and a suitable Internet connection, for which the User is responsible and which are at the User’s expense.

4 – USER’S OBLIGATIONS

The User undertakes to use the Site in accordance with domestic and international regulations.

S/He undertakes, in particular,:

– To read the present T&CS and comply with them;
– not to use the Site for purposes that are illegal or prohibited by the T&CS or by applicable legislation;
– not to reproduce, even temporarily and/or partially, the Site and/or its Content, by any means and in any form;
– not to access and/or use the Site’s software components;
– not to use software or processes aimed at copying the Content and/or liable to interfere with the smooth running of the Site ;
– not to make any adaptation, modification, translation, transcription, compilation, decomplication, assembly, disassembly of all or part of the Site and/or of the Content;
– not to export the Site and/or merge it with other computer programs;
– to inform HYVIA if s/he is aware of an act of piracy and/or unlawful or non-contractual use of the Site and/or of its Content;
– not to carry out any manipulation and/or not to introduce any virus or malware code, liable to lead to computer and/or functional breakdowns liable to impact the smooth running of the Site or jeopardize in any other way the security of the Site;
– not to disrupt the smooth running of the Site by any means whatsoever;
– not to use the Site to display, download or transmit any content in breach of public decency and public order (including but not limited to, any content of a racist, political, religious, pornographic or sexual nature) ;
– not to attempt to get around any security technique that HYVIA deploys to access spaces or functionalities of the Site to which the User is not authorized access;
– not to use a robot or any other computerized means or interface to access the Site or extract other users’ data;
– not to use or develop third party applications interacting with the Site or with other users’ content or data, without HYVIA’s prior written authorization;
– not to use the Site in a way that could disturb, disrupt, negatively impact other users or prevent them from using the Site, or that could damage, deactivate, overload the Site or impair its running.
The User acknowledges that non-compliance with any one of the conditions specified above constitutes a serious breach of the T&CS, likely to incur the User’s liability.

5 – SITE AVAILABILITY

HYVIA undertakes to make every effort to ensure accessibility to and availability of the Site.

HYVIA undertakes to make every effort so that the Site is successfully made available to the User and meets their expectations. HYVIA does not, however, undertake, to ensure a minimum level of quality and availability for the Site. The Site may, therefore, cease to function from time to time, notably in the event of maintenance or technical failure. Advance notice will be given, in as far as is possible, of  temporary interruptions to Site access for maintenance.

The User acknowledges and accepts that HYVIA reserves the right to suspend or limit access to the Site, notably in order to comply with legal requirements or in application of the T&CS.

The User expressly acknowledges that interruptions, suspensions, limitations, modifications may happen at any time by reason of the limits inherent to the Internet as far as technical performance, download times for on-line content, the risks of interruption and, generally, the risks of any connection or transmission of information on the internet are concerned. The User must take all appropriate measures to minimize the consequences of a potential interruption to the Site’s operation.

6 – WARRANTIES

HYVIA does not warrant that the Site will be free of errors or anomalies or that it will operate without interruption, nor that it will not be the subject of breaches or attacks, notably from viruses, that could result in malfunctions, interruptions, breakdowns, or the loss of data or information.

7 – LIABILITY

7.1. HYVIA’s liability

HYVIA is liable for direct damages suffered by the User and resulting from the non-performance of HYVIA’s obligations under the T&CS.

HYVIA shall not be liable for any damage whatsoever resulting from an error, whether it is deliberate or not, in the provision of information that is requested from the User during their use of the Site.

HYVIA shall in no case be liable for indirect damages that the User suffers (for example, loss of data, prejudice to image or reputation, loss of opportunity) and/or in case of non-performance or poor performance of the T&CS that is attributable to the User, attributable to a third party or which is due to a force majeure event.

Any warranties or conditions not expressly provided for in the T&CS are excluded, in as far as is allowed by applicable law and regulation.

HYVIA reserves the right to amend, at any time and without notice, the information featured on the Site, and it shall not be held liable to this end.

Access to and use of the Site is at the User’s own risk. It is up to the User to take all appropriate measures to protect their own data and/or software stored on their telephone and computer equipment against any attack.

7.2. User’s liability

The User can be held liable for not complying with these T&CS or with applicable legislation. Use of the Site and third-party sites or tools to which the Site may forward are at the User’s own responsibility. It is up to the User to take all appropriate measures to protect their own data and/or software stored on their device against any attack.

8 – PERSONAL INFORMATIONS AND COOKIES

HYVIA may process the User’s personal data when the User accesses and uses the Site, in accordance with the Privacy Policy available here.

Cookies are also stored on the User’s device (such as a computer, a tablet, or a smartphone) and read by HYVIA or by its partners, in accordance with the Cookies Policy available here.

9 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All elements relating to the Site and its Content are and shall remain the exclusive property of HYVIA and/or that of its licensors. They are protected by intellectual and/or industrial property rights (including, all copyright, patent rights, trademarks, industrial design rights, databases, software, domain names and all other intellectual property rights) or image rights.

Use of the Site, for any reason whatsoever, does not confer upon the User any right of any nature whatsoever, other than the strictly personal, non-exclusive and non-transferable right, limited to the period of the T&CS, to use the Site for strictly personal or professional use for the needs of the company to which s/he belongs.

The User must not reproduce all or part of the Site for purposes other than personal or professional, for example for commercial, industrial, artisanal, self-employed (“libérale”), agricultural or political purposes, whether it is free of charge or for payment, on its own behalf or on behalf of third parties.

Further, the User undertakes not to reproduce, represent, use, operate, modify, adapt, translate, transform, communicate, distribute or make available to third parties, extract, download, store or create derivate works from all or part of the Site, without HYVIA’s prior written authorization.

HYVIA reserves all rights that have not been expressly granted under the terms of these T&CS.

10 –APPLICABLE LAW AND JURISDICTION

The Site and these T&CS are subject to French law.

Any dispute that arises concerning the interpretation and/or the execution of these T&CS must be the subject of an attempt at amicable settlement.

In the absence of an amicable settlement, and to the fullest extent permitted by applicable law, the dispute will be submitted to the courts of the jurisdiction of the courts of Paris, to which the Parties attribute exclusive jurisdiction, notwithstanding plurality of defendants or action on a warranty, including emergency proceedings and protective measures, whether they are in summary proceedings or on petition.

11 – PERIOD AND UPDATE OF T&CS

The T&CS will be in force throughout the period of use of the Site by the User.

 HYVIA reserves the right to amend and update the present T&CS without notice, at any time and with no prior information to Users.

Where applicable, amendments and updates will be binding upon Users as soon as they are published on the Site, it being up to the User to consult the T&CS in force each time they connect to the Site.

12 – MISCELLANEOUS

12.1 Full agreement

The T&CS together with the Privacy Policy and the Cookies Policy set out the entire agreement between HYVIA and the User. They therefore replace and cancel any prior agreement.

12.2 Non-waiver

The fact that one of the parties has not claimed one of their rights under the T&CS shall not be interpreted as a temporary or definitive waiver by that party. Any waiver must be formalized in writing and signed by an authorized representative of the party in question.

12.3 Invalidity of a clause

If one or more of the provisions in these T&CS should be declared invalid, void, unwritten, inapplicable or unenforceable in application of a law, a regulation, or pursuant to a final decision of a competent court or authority, the other provisions shall retain their full force and effect, the parties undertaking, as soon as possible, to put into place a valid replacement provision with equivalent scope and as close as possible to the spirit hereof.

12.4 Assignment

HYVIA reserves the right to assign its rights under the T&CS to any third party of its choice, provided that such assignment shall not result in a reduction in the User’s rights. In this case the User hereby accepts that the provisions of the T&CS shall apply as of right to the new entity that will take over HYVIA’s rights and obligations.

13 – FORCE MAJEURE

Shall be expressly deemed to be force majeure events, apart from those usually so held by caselaw from the French courts, bad weather, Government and legal restrictions and modifications, a total or partial   interruption or a blockade of the telecommunications or electricity network, an act of computer piracy, any government decision such as the withdrawal or suspension of any authorizations whatsoever, full or partial industrial action, inside or outside the company, fire, flood, natural disaster, earthquake, an act of terrorism, state of war, epidemic, pandemic.