1.Introduction
These General Terms and Conditions apply to this website and to transactions relating to our products and services. You may be bound by additional contracts relating to your relationship with us or to any product or service you receive from us. If any provision of those additional contracts conflicts with these Terms, these Terms will prevail.
This site is published by Dédicace Software SAS, a subsidiary of the Pioneer Humani group responsible for representing, promoting, selling and providing IT CyberWall services in Europe. Outside Europe, these activities are carried out directly by Pioneer Humani or by its regional divisions (« hubs ») and their subsidiaries, depending on the geographical area concerned. Invoicing is also handled by the relevant group entity, depending on your location.
2.Commitment
By registering for, accessing or otherwise using this website, you agree to be bound by the General Terms and Conditions set out below. Simply using this website implies that you are aware of and accept these General Terms and Conditions. In certain specific cases, we may also ask you to accept them explicitly.
Our services are strictly reserved for businesses that comply with our code of ethics. Failure to comply with this code may lead to the immediate suspension or termination of services, without notice and without compensation. The code can be consulted at the following address: [link to the code of ethics].
3. Electronic communication
By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically on our website or by email. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement, including but not limited to the requirement for written form.
4. Intellectual property
We or our licensors own and control all copyright and other intellectual property rights in the website, and in the data, information and other resources displayed on or accessible from it.
4.1 All rights reserved.
Unless otherwise stated for specific content, no licence or other right is granted to you under copyright, trademarks, patents or other intellectual property rights. This means you must not use, copy, reproduce, perform, display, distribute, embed in any electronic medium, modify, reverse engineer, decompile, transfer, download, transmit, monetise, sell, market or commercialise the resources on this website, in any form whatsoever, without our prior written permission, except where mandatory law provides otherwise (such as the right of quotation).
5. Newsletters
Notwithstanding the above, you may forward our newsletter electronically to other people who may wish to visit our website.
6. Third-party property
Our website may include hyperlinks or other references to third-party websites. We do not monitor or review the content of these websites. Products or services offered by other websites are subject to the applicable terms and conditions of those third parties. Opinions expressed or material appearing on these sites are not necessarily shared or endorsed by us.
We are not responsible for the privacy practices or content of these sites. You bear all risks associated with using these websites and any related third-party services. We accept no liability for any loss or damage, whatever the cause, resulting from the disclosure of your personal information to third parties.
7. Responsible use
By visiting our website, you agree to use it only for its intended purposes and in accordance with these Terms, any additional contract concluded with us, applicable laws and regulations, generally accepted online practices and industry guidelines. You must not use our website or our services to use, publish or distribute any content consisting of (or linked to) malicious software; use data collected on our website for direct marketing purposes; or carry out systematic or automated data collection on or in relation to our website.
Any activity that causes or is likely to cause damage to the website, or that interferes with its performance, availability or accessibility, is strictly prohibited.
8. Registration
You can create an account on our website. During this process, you may be asked to choose a password. You are responsible for keeping your passwords and account information confidential, and you undertake not to disclose them to anyone, nor to share your passwords, account information or secure access to our website or services. You must not allow anyone else to use your account to access the website, as you are responsible for all activities linked to the use of your passwords or accounts. You must inform us immediately of any disclosure of your password.
After your account has been terminated, you will not try to create a new one without our permission.
9. Refund and returns policy
9.1 Right of withdrawal
Unless expressly provided otherwise, the rights of withdrawal set out in the French Consumer Code do not apply to contracts concluded between businesses.
To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post, fax or email). You will find our contact details below. You may use the attached model withdrawal form, but this is not mandatory.
You can also fill in and submit the model withdrawal form, or any other unambiguous statement, electronically on our website.
If you use this option, we will promptly send you an acknowledgement of receipt of your withdrawal on a durable medium (for example, by email).
To meet the withdrawal deadline, it is enough for you to send your communication about exercising the right of withdrawal before the withdrawal period expires.
9.2 Effects of withdrawal
If your withdrawal is accepted by our team, we will refund all payments received from you, excluding delivery costs (except for any additional costs resulting from your choice, where applicable, of a delivery method other than the least expensive standard delivery we offer), without undue delay and, in any event, no later than 30 days from the day on which we are informed of your decision to withdraw from this contract. We will make this refund using the same means of payment you used for the initial transaction, unless you expressly agree otherwise. In any event, this refund will not cost you anything.
If you asked for the services to start during the withdrawal period, you will have to pay us an amount proportionate to what has been provided until you informed us of your withdrawal from this contract, compared with the full coverage of the contract.
Please note that there are legal exceptions to the right of withdrawal, so certain items cannot be taken back or exchanged. We will let you know if this applies to your particular case.
10. Submitting ideas
Do not submit ideas, inventions, works of art or other information that could be considered your intellectual property unless we have first signed an intellectual property agreement or a non-disclosure agreement. If you disclose them to us without a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content on any existing or future medium.
11. Termination of use
We may, at our sole discretion, change or interrupt access to the website, or to any Service it offers, at any time, temporarily or permanently. You agree that we will not be liable to you or any third party for any change, suspension or interruption of your access to or use of the website, or of any content you may have shared on it. You will not be entitled to any compensation or other payment, even if certain features, settings and/or any Content you contributed or relied on are permanently lost. You must not circumvent, or attempt to circumvent, access restriction measures on our website.
12. Warranties and liability
Nothing in this section limits or excludes any warranty implied by law that it would be unlawful to limit or exclude. This website and all its content are provided « as is » and « as available » and may contain inaccuracies or typographical errors. We expressly disclaim all warranties, express or implied, as to the availability, accuracy or completeness of the Content.
We do not guarantee that:
♦ this website or our products or services will meet your needs;
♦ this website will be available without interruption, quickly, securely and without errors;
♦ the quality of any product or service purchased or obtained by you through this website will meet your expectations.
Nothing on this website constitutes, or is intended to constitute, legal, financial or medical advice of any kind. If you need advice, please consult a qualified professional.
The following provisions of this section apply to the fullest extent permitted by applicable law and do not limit or exclude our liability for any matter for which it would be unlawful to limit or exclude our liability. We will under no circumstances be liable for any direct or indirect damage (including damage for loss of profits or revenue, loss or corruption of data, software or databases, or loss of or damage to property or data) suffered by you or a third party as a result of your access to or use of our website.
Unless expressly provided otherwise in an additional contract, our maximum liability to you for all damages arising from the website or from any product or service marketed or sold through it, whatever the form of legal action involving liability (contract, equity, negligence, intentional conduct, tort or otherwise), will be limited to €1,000,000. This limit will apply in aggregate to all your claims, actions and causes of action of any kind.
13. Confidentiality
To access our website and/or our services, you may be asked to provide a certificate.
To access our website and/or our services, you may need to provide certain information about yourself when you register. You agree that all the information you provide will always be accurate, correct and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. All emails we send you will relate only to the provision of the agreed products or services.
We have drawn up a policy to address your privacy concerns. For more information, please see our Privacy Statement and our Cookie Policy.
14. Accessibility
We are committed to making the content we offer accessible to people with disabilities. If you have a disability and cannot access part of our website because of it, please let us know, describing the problem in detail. If the problem is easy to identify and can be solved using standard IT tools and techniques for the sector, we will resolve it quickly.
15. Export restrictions / Legal compliance
Access to the website from territories or countries where the content, or the purchase of products or services sold on the website, is illegal is prohibited. You may not use this website in breach of French export laws and regulations.
16. Assignment
You may not assign, transfer or subcontract any of your rights and/or obligations under these General Terms and Conditions, in whole or in part, to a third party without our prior written consent. Any purported assignment in breach of this article will be null and void.
17. Breach of these General Terms and Conditions
Without prejudice to our other rights under these General Terms and Conditions, if you breach these General Terms and Conditions in any way, we may take any action we consider appropriate to remedy the breach, including temporarily or permanently suspending your access to the website, contacting your Internet service provider to ask them to block your access to the website, and/or taking legal action against you.
18. Force majeure
Except for the payment obligations set out herein, no delay, failure or omission by either party to perform or comply with any of its obligations will be considered a breach of these General Terms and Conditions if, and for as long as, that delay, failure or omission results from a cause beyond its control.
19. Indemnification
You agree to indemnify, defend and hold us harmless against any claims, liabilities, damages, losses and expenses relating to your breach of these General Terms and Conditions and of applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for any damages, losses, costs and expenses relating to such claims.
20. Waiver
Failure to enforce any of the provisions of these General Terms and Conditions and of any Contract, or failure to exercise an option to terminate, will not be construed as a waiver of those provisions and will not affect the validity of these General Terms and Conditions, of any Contract or of any part of it, nor the right to enforce each of its provisions at a later date.
21. Language
These General Terms and Conditions will be interpreted exclusively in French. All notices and correspondence will be written exclusively in that language. The translation provided on this site is only intended to help you understand the French version. If there is any inconsistency between the French version and the translation you are using, the French version prevails.
22. Entire agreement
These General Terms and Conditions, together with our privacy statement and our cookie policy, constitute the entire agreement between you and Dédicace Software SAS regarding your use of this website.
23. Updates to these General Terms and Conditions
We may need to update these General Terms and Conditions from time to time. It is your responsibility to check these General Terms and Conditions regularly for any changes or updates. The date shown at the beginning of these General Terms and Conditions is the date of the last revision. Changes to these General Terms and Conditions will take effect as soon as they are published on this website. Your continued use of this website after changes or updates have been published will be deemed to signify your acceptance of these General Terms and Conditions.
24. Governing law and jurisdiction
These General Terms and Conditions are governed by French law. Any dispute relating to these General Terms and Conditions will be subject to the jurisdiction of the French courts. If any part or provision of these General Terms and Conditions is found to be invalid and/or unenforceable by a court or other authority under applicable law, that part or provision will be modified, deleted and/or enforced to the fullest extent permitted, so as to give effect to the spirit of these General Terms and Conditions. The other provisions will not be affected.
In Europe, the services of the Pioneer Humani group are offered by Dédicace Software SAS, the subsidiary responsible for selling and promoting these services in that territory. Outside Europe, the services are offered directly by Pioneer Humani or by one of its subsidiaries or regional hubs (subsidiaries that oversee other subsidiaries).
In countries where a local subsidiary operates, local terms may supplement or adapt these General Terms and Conditions. Where services are offered locally by a group entity, the applicable local legislation may prevail over certain contractual or tax provisions.
25. Contact details
This website is owned and operated by Dédicace Software SAS.
You can contact us about these General Terms and Conditions by telephone, on the number shown on our site.