General terms and conditions
Last update : September 15th 2020
The Website axepta.bnpparibas (hereinafter, the “Website”) is published by BNP Paribas SA with share capital of 2.499.597.122 €, having its registered office at 16 boulevard des Italiens, Paris 9ème France registered with the Trade and Companies Register of Paris under the number 662.042.449, with VAT no FR76662042449 (hereinafter, the “Company”).
Contact details: firstname.lastname@example.org
The Website is hosted by OVH CLOUD, registered with the Trade and Companies Register of Lille under the Code APE 2620Z, with VAT no FR 22 424 761 41, having its registered office at 2 Rue Kellermann, 59100 Roubaix, telephone n° +33 9 72 10 10 07.
The legal representative & publication manager for the Website is Vincent BIBONNE, MARKETING MANAGER.
ARTICLE 1 PURPOSE OF AND CONDITIONS FOR THE APPLICATION OF THE GENERAL TERMS AND CONDITIONS
The purpose of these General Terms and Conditions is to define the conditions governing access to and the use of the Website by users accessing it (hereinafter the “User”).
1.2 Conditions governing access
Use of the Website is subject to the General Terms and Conditions having been read, accepted unreservedly and unconditionally, and being complied with in full by the User. Any condition to the contrary posed by the User remains unenforceable against the Company, regardless of the time at which it may have been brought to its attention or the format of its notification or acknowledgement. The Company may modify the General Terms and Conditions at any time and without notice. In the event of the modification of the General Terms and Conditions, the Company shall indicate on the Website the date of the most recent update to the General Terms and Conditions. As required, the General Terms and Conditions may be printed and / or saved and in any case shall remain available from the Website/ in their current version at all times.
The User are responsible for reading the most recent version of the General Terms and Conditions upon each connection to the Website
ARTICLE 2 ACCESS/AVAILABILITY AND MAINTENANCE OF THE WEBSITE
2.1 Access to the Website
In order to be able to access the Website, the User must be connected to the Internet and have a minimal configuration in terms of devices used by the User (the “Device”). Without prejudice as to the foregoing, the Device must overall be compliant with the standards in force, notably in terms of security and interoperability. The User has sole responsibility for the configuration and functioning of its Device. The Company shall have no liability whatsoever and no compensation shall be paid or refund made by the Company in the event of any default or further to difficulties or the impossibility of using the Website due to any cause connected to this Device.
2.2 Availability of the Website
The Company shall, to the extent possible and in the context of a best efforts obligation, guarantee a reasonable standard of running and availability with regard to the Website. Nevertheless, the running of the Website may be momentarily interrupted for any reason either within or beyond the control of the Company, including any event of force majeure, maintenance, updates or technical improvements, or to update content and / or the service provided.
2.3 Maintenance of the Website
The Company reserves the right, without notice or compensation, to suspend access to the Website on a temporary basis to carry out maintenance work in connection with technological upgrades. The Company shall make modifications to the existing functionalities of the Website, in particular, its ergonomics, management and operating rules, as well as all modifications necessary as a result of changes to the applicable legislation or regulation. Updates of this kind may lead to an interruption of service in relation to the Website, the Company rejecting all liability on this basis.
ARTICLE 3 WEBSITE CONTENT AND CONTENT REPORTING
3.1 Website content
The purpose of the Platform is to present its Products and Services offers to Users likely to be interested in purchasing / subscribing for these. Therefore, the Platform is in no way itself intended to provide commercial offers in relation to the Partner’s Products and Services or to negotiate the terms and conditions of the offers made by any Agreement. The Company shall have no liability with regard to the signature, non-signature, performance, non-performance or improper performance of an Agreement or, further, with regard to the compliance or non-compliance of the Products and Services.
3.2 Content reporting
The Company does not moderate or verify comments other than via an algorithm based on the content published by Users in the context of the use of the Website. The Company does however have a legal obligation to remove any unlawful content or to block access to the Website immediately upon being informed of the manifestly unlawful nature of this content. Users may flag up to the Company any content which they consider to be in breach of the laws and regulations in force (e.g. breach of intellectual property rights, identity theft, or other) and/or of the General Terms and Conditions, or to cause harm to the image or purpose of the Website or to the rights of third parties, of any other User, or any content which they consider to contain errors. After verification of any content flagged up, the Company then withdraws the content if it has indeed proved to be unlawful, non-compliant or erroneous, and also reserves the right to hold the author of the content liable. As required, and in accordance with the governing law, the Company shall inform the competent public authorities without delay and cooperate with the latter when content of this type has been flagged up thereto.
ARTICLE 4 INTELLECTUAL PROPERTY
The Company’s trademarks, logos, graphics, photographs, animations, videos, scripts and texts published on the Website and the structure of the Website itself are the property of the Company or are licensed by third parties. This content is protected by copyright, trademark law and other intellectual property or related rights held by the Company or its licensors, and may not be reproduced, used or represented without the express permission of the Company or its licensors, under penalty of prosecution. The Company grants the User a free, personal, non-exclusive and non-transferable right to use the aforementioned elements and to access and use the Website in accordance with its purpose. Any other use is prohibited other than with the express prior written consent of the Company granted on a case-by-case basis. In particular, the User may not modify, copy, reproduce, download, broadcast, transmit, commercially exploit and / or distribute in any way whatsoever the content of the Website or any of its elements without the prior written authorization of the Company on a case-by-case basis. More generally, the User undertakes not to damage or attempt to damage the Website in any way whatsoever and not to use software or any form of computer program whose purpose is to achieve or make available content that is protected or not freely available. The User may inform the Company by any means, of any error, fault, irregularity or malfunction that he notices in the use of the Website as soon as he becomes aware of it.
ARTICLE 5 HYPERTEXT LINKS AND THIRD-PARTY CONTENT
5.1 Hypertext links from the Website
Any hypertext links available via the Website can link to third-party sites not published by the Company. They are provided solely in order to facilitate the use of the resources available via the Internet. If the User uses these links, he then leaves the Website and then agrees to use the third-party websites at his own risk and peril or, as applicable, in accordance with the terms and conditions applicable thereto. Therefore, the Company cannot be held liable in any manner whatsoever with regard to these hypertext links.
5.2 Hypertext links to the Website
The User cannot use and / or insert any hypertext link connecting to the Website other than with the prior written consent of the Company given on a case-by-case basis. If the Company does give its consent, the User must re-direct to the home page of the Website without duplicating the home page or any other page of the Website, and the User shall:
- Not delete, modify or amend in any manner whatsoever the size or appearance of any brands, logos or other distinctive signs relating to the Company;
- Not create any window, frame or other navigator around the Website;
- Not insinuate in any manner whatsoever that the Company has secured or underwritten the products and services available via any third-party website / application / platform linking to the Website;
- Not mislead any other User or any Third-Party or create any confusion as to the relationship between the User and the Company and not present any false, misleading or inaccurate information, notably relating to the Company and its products and services;
- Not use any marks, logos or other distinctive signs belonging to the Company for the needs of this hypertext link other than with the prior written consent of the Company given on a case-by-case basis;
- Not insert any hyperlink to the Website from any site of which the User is not the publisher; and
- Not include on the website of the User which would redirect toward the Website any elements which are defamatory, offensive, harmful or which breach the provisions applicable in terms of freedom of the press, which may violate the laws of third parties (or any other User) or which are in breach of the governing law in any manner whatsoever.
The Company expressly reserves the right to revoke the authorization granted, if applicable, as stipulated in this article, and to take all appropriate measures in the event of a breach of these provisions. The User shall be held liable for any direct or indirect damage connected to the said breach or resulting therefrom.
ARTICLE 6 LIABILITY
THE COMPANY SHALL, IN THE CONTEXT OF A BEST EFFORTS OBLIGATION, PROVIDE ACCESS TO THE WEBSITE WITH DUE CARE AND ATTENTION AND IN ACCORDANCE WITH INDUSTRY BEST PRACTICE. THE COMPANY SHALL MAKE ITS BEST EFFORTS TO GUARANTEE THE PROPER FUNCTIONING OF THE WEBSITE, WITHIN THE LIMITS IMPOSED BY THESE GENERAL TERMS AND CONDITIONS. HOWEVER, THE COMPANY CANNOT GUARANTEE THAT NO ERROR OR ANOMALY OR INTERRUPTION OR OTHER DISTURBANCE TO OPERATIONS WILL ARISE DURING THE USE OF THE WEBSITE. SIMILARLY, THE COMPANY SHALL HAVE NO LIABILITY FOR ANY MOMENTARY OR LONG-TERM DIFFICULTIES OR IMPOSSIBILITY IN ACCESSING THE WEBSITE ORIGINATING FROM CIRCUMSTANCES BEYOND ITS CONTROL, DUE IN PARTICULAR TO DISTURBANCES TO THE TELECOMMUNICATIONS NETWORK OR RESULTING FROM FAULTS BY THE USER, BY ANY OTHER USER OR BY ANY THIRD PARTY AND/OR BY SECURITY WEAKNESSES IN ANY DEVICE. THE USER IS INFORMED AND ACCEPTS THAT THE WEBSITE IS PROVIDED TO HIM/HER “AS IS” AND ON THE BASIS OF AVAILABILITY. THE COMPANY SHALL NOT HAVE ANY LIABILITY WITH REGARD TO THE USER OTHER THAN WHERE THERE IS CERTAIN AND DEFINITIVE EVIDENCE ESTABLISHING THAT A FAULT HAS BEEN COMMITTED BY THE COMPANY HAVING CAUSED EFFECTIVE AND DIRECT PREJUDICE WITH REGARD TO THE USER. IF APPLICABLE, THE USER SHALL HAVE RESPONSIBILITY FOR DEMONSTRATING THAT THE COMPANY HAS COMMITTED SUCH A FAULT IN THE PERFORMANCE OF ITS OBLIGATIONS PURSUANT TO THE AGREEMENT. THE COMPANY MAY NOT BE HELD LIABLE FOR ANY INDIRECT DAMAGE AND IN PARTICULAR ANY INDIRECT COMMERCIAL, MORAL AND/OR FINANCIAL DAMAGE SUFFERED BY THE USER, INCLUDING ANY LOSS OF PROFITS DUE TO, ORIGINATING FROM OR BASED ON THE USE OF THE WEBSITE.
ARTICLE 7 PERSONAL DATA AND COOKIES
7.1 Personal data
To enable the proper functioning of the Website and to contact the User about the Products if he wants, the Company may gather certain personal data concerning the User ( notably via the contact form ) and, for this purpose, may carry out data processing for which the Company acts as the controller (for further details, please click on the Company’s Data Protection Policy available at: [insert a link to the “Data Protection”]).
When navigating the Website,cookies may be placed on the Devices used by the User, subject to the choices made by the User and which can be modified by the User at any time. To find out more about cookies and how they are used, the Company invites the User to look at its policy on cookies.
ARTICLE 8 GOVERNING LAW / JURISDICTION
These General Terms and Conditions are governed, interpreted and applied in accordance with French law. IN THE ABSENCE OF AN AMICABLE RESOLUTION, ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION, EXECUTION OR NON-EXECUTION OF THESE GENERAL TERMS AND CONDITIONS SHALL BE SUBJECT TO THE COURTS UNDER THE JURISDICTION OF THE PARIS COURT OF APPEAL OR OF THE USER’S PLACE OF RESIDENCE, UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW.
ARTICLE 9 CONTACT US
Any details relating to the application hereof or any claim related to the Website must be submitted: – via email to the following address: email@example.com; – via letter sent to the following address: Direction du Paiement et du Cash Management , 218 Avenue Léon Gaumont, 75020 Paris