The workspace is designed by the company Onvest IT. Onvest IT is the sole licensee of all the rights to intellectual property on the Site.
Technical management of the workspace is provided by ONVEST IT. ONVEST IT is a simplified limited company under French law, with its registered office at 1 rue des Vanniers, 08140 Douzy, France.
The User agrees to use the Site and Product according to the terms of this Contract.
RIGHT OF USE.
The Company authorises the User to use the Product and the Site according to the terms of the Contract.
The Company does not authorise the User to create hypertext links to the site, or to reproduce or communicate the information contained on this site, except where the Company has given its specific written agreement beforehand.
All use of the Site and the Product is subject to the prior acceptance of the contract by the User. On the User's first visit to the Site, the Contract will automatically be presented to the User for acceptance. By clicking on the "I accept" button at the bottom of the Contract, the User acknowledges having read and accepted the conditions of the Contract. The User's acceptance of the Contract will date from the day on which the User carries out this formality. Users may not use the Site or the Product without first accepting the Contract.
LENGTH AND CANCELLATION OF THE CONTRACT.
The Contract comes into force on the date of acceptance of the Contract by the User and is valid as long as the Site and the Product remain available, except for those provisions which by their nature remain in effect after the end of this period, such as the provisions relating to confidentiality or to guarantees and responsibilities.
If one of the Parties should fail to meet their obligations, the Contract will be fully terminated no more than 15 days after formal notice is sent by any appropriate means of communication.
Either Party may rightfully cancel the Contract without notice if the other Party commits a serious breach of its terms, notably in the case where the use made of the Site or Product by the User disrupts their smooth operation, or else causes or is likely to cause harm to the Company, to other Users or to a third party, whether this harm be material or immaterial, as in the case of an attack on a party's honour or reputation.
In cases where the use of the Product is subject to payment, such as the purchase of life albums for example, the User pays for the Product according to the specific terms which will be presented for acceptance before the use of the Product. Where the use of the Product incurs costs, these will be charged to the User.
The User agrees to cooperate with the Company in any way necessary to allow it to present its Product, and agrees in particular to communicate his/her Data to the Company.
RESPONSIBILITY OF THE USER.
The User has sole responsibility for the use he/she makes of the Site and the Product, as well as for the content of any Data which he/she sends. If the Company is informed or has good reason to believe that the use of the Site or the Product, or the Data sent by the User via the Site or the Product are illegal or liable to harm the rights of the Company or of a third party, the Company may immediately interrupt the supply of the Product to the User or, if the Company so chooses, block the User's access to the Site or the Product, and take any necessary measures, technical or otherwise, to put a stop to the offence or harm, without the User's having any right to compensation.
Confidentiality and privacy
THE COMPANY'S COMMITMENTS.
The Company agrees to place the Site and the Product at the User's disposal.
The Company agrees to allow the User to access the Site and the Product as far as possible, within the limits specified in the article "Guarantees and Responsibilities of the Company". In the event of a technical fault, overload or poor operation of the Site or the Product or the use of the Site or Product by a User or third party which disrupts the smooth operation of the Site or Product or of any other product or infrastructure operated by the Company, the Company reserves the right to interrupt or temporarily limit use of the Site or Product.
GUARANTEES AND RESPONSIBILITIES OF THE COMPANY.
The Company may only be held liable for the Site and the Product in the event of the hypotheses described in this article.
The Company agrees to use all the resources at its disposal to ensure the smooth operation of the Site and the Product. However, as this is new technology, the Company offers no guarantee as to their smooth operation.
The Company agrees to use all the resources at its disposal to preserve the confidentiality of Data which the User sends it. However, as this is new technology, the Company offers no guarantee as to to the confidentiality of Data sent by the User.
The Company can never be held liable to the User or to third parties for any damage which may be caused by poor operation of the Site or the Product, such as damage caused to any equipment used to access the Site or Product by the User, or any damage or inconvenience caused to the User or to third parties as a result of losses or changes to Data, the disclosure of confidential Data to third parties, late transmission of Data or in general as a result of any use of the Site or the Product by the User.
SETTLING OF DISPUTES.
Only French law applies to the Contract. Any dispute relating to the validity, interpretation, fulfilment or cancellation of the Contract which it has not been possible to resolve amicably will be submitted to the jurisdiction of the French courts, unless the User gives his/her agreement for arbitration at the point at which the dispute comes into being.
- the Contract:these conditions of use;
- the Company:the company which makes the Site and the Product available to the User;
- the User:the individual who agrees to use the Site and/or the Product in accordance with the conditions of the Contract;
- the Parties / each Party:the Company and the User/the Company or the User;
- the Product:all the products and services made available to the User from the Site, such as viewing the information presented on the Site, the use of life albums or condolence spaces etc.;
- the Technology:all the computer equipment, software and knowledge used to make the Product and the Site function;
- the Data:information of a personal nature communicated by the User;
- The Site:the website