General terms and conditions of use

 

 

These general terms and conditions of use (hereinafter referred to as the “T&Cs“) constitute mandatory contractual provisions and define the terms under which Groupama Rhône-Alpes Auvergne allows Visitors to navigate on and/or use the Platform (as these terms are defined below).

 

The T&Cs apply to the online platform accessible on the exo.expert website at https://gstyaxl.cluster028.hosting.ovh.net/ any suffixes and/or access fields that refer to this address, as well as via an application on mobile phones, tablets or computers (hereinafter the “Platform“).

 

The Platform is the exclusive property of Groupama Rhône-Alpes Auvergne. Nothing in the T&Cs shall imply any transfer of rights to the Platform (ownership or exploitation) by Groupama Rhône-Alpes Auvergne.

 

PLEASE READ THE T&Cs VERY CAREFULLY BEFORE ANY NAVIGATION ON AND/OR USE OF THE PLATFORM.

BY ENTERING THE PLATFORM, YOU AGREE TO BE BOUND BY THE T&Cs.

All Visitors are deemed to have read the T&Cs and to have kept a copy of them. In this respect, Groupama Rhône-Alpes Auvergne recommends that the Visitor carefully read the T&Cs, print a copy and keep it.

 

  1. INFORMATION CONCERNING THE COMPANY GROUPAMA RHÔNE-ALPES AUVERGNE

Groupama Rhône-Alpes Auvergne –  Caisse régionale d’Assurances Mutuelles Agricoles de Rhône-Alpes Auvergne – 50 rue de Saint-Cyr – 69251 Lyon cedex 09 – 779 838 366 RCS Lyon – Émetteur des Certificats Mutualistes – Entreprise régie par le Code des Assurances et soumise à l’Autorité de Contrôle Prudentiel et de Résolution – 4 place de Budapest – CS 92459 – 75436 Paris Cedex 09.
Tél. : 04 72 85 50 00 (price of a local call from a fixed line).

 

  1. DEFINITIONS

VISITORS

Refers to any person using or who has used the Platform, including visitors to the Platform.

DATA

Refers to all raw data such as (but not limited to) any information, request for contact and/or meeting, question, suggestion, remark, listing, study, profile sheets, images, videographies, files, files, reports, reports, states, graphic charts, elements, etc., that Groupama Rhône-Alpes Auvergne may use, directly or indirectly, in the course of operating the Platform.

 

  1. NO INTERMEDIATION BY GROUPAMA RHÔNE-ALPES AUVERGNE – THIRD PARTY SITES AND COMMERCIAL ELEMENTS

3.1 The Visitor expressly acknowledges and accepts that the Platform is intended to provide information about the exo.expert project. No other object or guarantee is given by Groupama Rhône-Alpes Auvergne.

Groupama Rhône-Alpes Auvergne does not provide any intermediation. Groupama Rhône-Alpes Auvergne cannot therefore be held liable, on any grounds whatsoever and on any date whatsoever, for any interaction or transaction carried out between Visitors, via or outside the Platform.

3.2. The Platform may also contain elements and/or hyperlinks to websites managed by persons other than Groupama Rhône-Alpes Auvergne, over which the latter has no control whatsoever.

Groupama Rhône-Alpes Auvergne assumes no responsibility for these elements, sites or content to which these elements and sites may refer. The presence of these elements and hypertext links does not mean that Groupama Rhône-Alpes Auvergne approves, in any way whatsoever, the content in question. Groupama Rhône-Alpes Auvergne is not responsible for any modification or update concerning these elements and websites.

Groupama Rhône-Alpes Auvergne is not responsible for the transmission of information from these, nor for their malfunction or execution.

Visitors are solely responsible for any interaction and/or transaction with third parties on the Platform.

3.3. No provision in the T&Cs, nor any other agreement, shall be deemed to place Groupama Rhône-Alpes Auvergne and/or any of the Visitors, within the framework of an association, company, EIG (economic interest grouping), company or any grouping, agency, commercial, representation, salary, employee or assimilated relationship. Neither Groupama Rhône-Alpes Auvergne nor the Visitor shall have the right or authority to undertake anything likely to create any obligation on the part of either party.

 

  1. ACCESS CONDITIONS TO THE PLATFORM

4.1. The Visitor acknowledges having the skills and equipment (computer, software, means of telecommunication) necessary to access the Platform.

4.2. The Visitor who wishes to contact Groupama Rhône-Alpes Auvergne must complete the dedicated online form and fill in all the mandatory fields concerning his personal information (surname, first name, email address, telephone numbers, etc.).

In this context, each Visitor declares and guarantees that:

  • any information provided to Groupama Rhône-Alpes Auvergne is complete, accurate and precise,
  • that it will update the information transmitted via the Platform in order to ensure that it is always complete, authentic and accurate,
  • its use of the Platform does not and will not contravene public policy, morality, laws and regulations.

4.3 Groupama Rhône-Alpes Auvergne strongly advises Visitors not to use the Platform, via a captive community portal.

4.4 Offering a pleasant use of the Platform may require Groupama Rhône-Alpes Auvergne to correct any bugs, install updates or carry out any diagnosis or maintenance, which may leave the Platform’s interface and/or all or part of its functionalities less accessible or unavailable to Visitors for a specified period of time, without this in any way engaging Groupama Rhône-Alpes Auvergne’s liability.

Groupama Rhône-Alpes Auvergne must also be able to intervene urgently or suspend access to the servers if it considers it necessary, Groupama Rhône-Alpes Auvergne being bound by an obligation of means in this respect.

Groupama Rhône-Alpes Auvergne may finally renounce, modify or delete the Platform under the same conditions, subject to prior notification to the Visitors. This notification may be done directly on the Platform or any other mean.

 

  1. WARRANTY

THE PLATFORM EXISTS IN ITS CURRENT STATE AND AS FAR AS TECHNICALLY POSSIBLE. CONSEQUENTLY, THE VISITOR ACKNOWLEDGES THAT:

  • GROUPAMA RHONE-ALPES AUVERGNE DOES NOT GUARANTEE THAT THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION OR OPERATING ERRORS, GROUPAMA RHONE-ALPES AUVERGNE BEING ALWAYS BOUND BY AN OBLIGATION OF MEANS IN THIS RESPECT,
  • GROUPAMA RHONE-ALPES AUVERGNE HAS NO CONTROL OR MONITORING OVER THE CONTENT EXCHANGED AND/OR POSTED ON THE PLATFORM AND CANNOT BE HELD LIABLE IN THIS RESPECT,
  • GROUPAMA RHONE-ALPES AUVERGNE HAS NO CONTROL OVER THE USE OF THE PLATFORM; CONSEQUENTLY, GROUPAMA RHONE-ALPES AUVERGNE CANNOT UNDER ANY CIRCUMSTANCES BE HELD LIABLE FOR THE DELETION OF DATA OR ANY OTHER RESULT OBTAINED BY USING THE PLATFORM,
  • GROUPAMA RHONE-ALPES AUVERGNE CAN UNDER NO CIRCUMSTANCES BE HELD LIABLE FOR ANY LOSS OF DATA, AS WELL AS FOR ANY IRREGULAR OR UNAUTHORIZED USE OF THE CONTENT STORED AND/OR DISCLOSED ON THE PLATFORM,
  • MORE GENERALLY, GROUPAMA RHONE-ALPES AUVERGNE CANNOT GUARANTEE AND DOES NOT PROMISE ANY PARTICULAR RESULT FROM THE USE OF THE PLATFORM.

 

  1. BINDING FORCE OF T&Cs – VISITOR COMMITMENTS

The operation of the Platform by Visitors is governed by the provisions of the T&Cs, which bind the Visitors.

The Visitor is solely responsible for his use of the Platform.

The Visitor shall refrain, in the context of the use of the Platform, from engaging in acts of any kind whatsoever that are contrary to the laws and regulations of the French Republic and/or that infringe public order or the rights of a third party.

In addition, without this list being exhaustive, the Visitor is prohibited:

  • to use the Platform in any way that would violate any local, national or international law, or any other regulation,
  • to use the Platform in an illegal or fraudulent manner, or for illegal or fraudulent purposes or effects,
  • to use the Platform for purposes other than normal use, it being specified that any use and activity deemed disproportionate will be considered as not being normal use,
  • to publish, transmit, disseminate, publish or make accessible on or through the Platform, any content that could constitute, without this list being exhaustive, defamation, insults, denigration, threats, blackmail, harassment, incitement to violence, racial hatred and more generally to the commission of crimes and offences; the dissemination of false news or financial information covered by secrecy, as well as any content intended to represent or offer for sale objects and/or works, software, content prohibited by law or infringing the rights of third parties; infringement of the authority of justice; infringement of privacy, the protection of personal data or the secrecy of correspondence; apology for crimes against humanity or denial of genocide; disclosure of information covered by secrecy or by the right to privacy of private life; or acts endangering minors, the manufacture, transmission, broadcasting or accessibility of messages of a violent, paedophilic or pornographic nature, or of a nature likely to violate human dignity or allow the manufacture of explosives,
  • attempt to mislead other Visitors by impersonating or damaging the image or reputation of others,
  • to upload any Data posted online or made accessible by Groupama Rhône-Alpes Auvergne, directly or indirectly, to the Platform, with the exception of Data expressly indicated as downloadable by Groupama Rhône-Alpes Auvergne,
  • disrupt, slow down, block or alter the normal flow of Data, modify or alter or commit any other action having an equivalent disruptive effect on the Platform’s functionality,
  • falsify Data, messages or documents, message headers or identification or connection data or otherwise manipulate an identifier or information in order to conceal the origin of the transmission of content via the Platform,
  • to infringe intellectual property rights (including software, databases, images and texts) or any other property rights belonging to others,
  • use the Platform to deliberately transmit elements containing viruses, Trojan horses, spyware, adware or any other harmful program or similar computer code designed to interfere with the proper functioning of the Platform,
  • post, indicate, or distribute, in any form whatsoever, information or content that has the effect of diminishing, disorganizing, preventing normal use of the Platform, interrupting and/or slowing down the normal flow of information,
  • use the Platform to transmit or facilitate the sending of unsolicited or unauthorized advertising or promotional materials,
  • to act unfairly towards Groupama Rhône-Alpes Auvergne and/or to prejudice, in any way whatsoever, its interests.

 

  1. INTELLECTUAL AND INDUSTRIAL PROPERTY – COPYRIGHT

7.1. Nothing in these T&Cs, nor access to the Platform, implies any transfer of ownership and/or exploitation rights of Groupama Rhône-Alpes Auvergne to the benefit of the Visitors on all or part of its intellectual and/or industrial property rights.

No Visitor may therefore claim any right over or relating to any other intellectual and/or industrial property right of Groupama Rhône-Alpes Auvergne, and undertakes not to infringe it, directly or indirectly.

7.2. The content of the Platform, and in particular the sounds, images, photographs, videos, writings, texts, animations, programs, graphic charter, utilities, databases, software, etc. are protected by the provisions of the Intellectual Property Code and belong to Groupama Rhône-Alpes Auvergne.

All other rights are reserved.

 

  1. PERSONAL INFORMATION

In accordance with Law No. 78-17 of 6 January 1978, any Visitor may at any time access, modify or delete personal information held by Groupama Rhône-Alpes Auvergne. Thus, according to articles 36, 39 and 40 of the French Data Protection Act, any Visitor may request that information concerning him/her that is inaccurate, incomplete, ambiguous, outdated or whose collection or use, communication or storage is prohibited be rectified, completed, clarified, updated or deleted. To exercise his rights, the Visitor must contact:

Groupama Rhône-Alpes Auvergne
50 rue de Saint-Cyr
69251 Lyon cedex 09
Tel: 04 72 85 85 50 00 (price of a local call from a fixed line)

The information collected is exclusively intended for Groupama Rhône-Alpes Auvergne and will not be transferred or exchanged with third parties, other than for the purpose of improving Groupama Rhône-Alpes Auvergne’s solution offers.

At the closure of an account and for all purposes of proof, his personal information may be kept and archived confidentially by Groupama Rhône-Alpes Auvergne, in accordance with the laws in application.

For the purposes of this agreement, the Visitors’ personal information includes, in particular, their data, surnames and forenames, e-mail addresses, telephone numbers, images, etc.

In order to improve the quality of its service and better meet the expectations of Visitors, Groupama Rhône-Alpes Auvergne may collect personal information from Visitors, in particular through the use of cookies and tracking devices.

 

CLOUD SYSTEM

Data and other information is made available on the Platform, through a SAAS – Cloud information processing system.

Through this system, no software installation is required to access the Platform.

No maintenance is therefore required on Visitors’ workstations when using the Platform. The Platform’s functionalities are automatically updated on the Platform, without any need for Visitors to download anything.

 

  1. PROPERTY RIGHTS ON THE DATA

All the Data made available on the Platform are the property of Groupama Rhône-Alpes Auvergne, which retains all rights, titles and interests related to the Data.

No transfer or grant of rights to the Data is made or shall be inferred from any provision of the T&Cs or by any other provision contained on the Platform. The Visitor undertakes not to infringe the above rights.

The Visitor shall refrain from copying, reproducing, republishing, downloading, erasing, displaying, transmitting or distributing, by any means, all or part of the Data and information attached.

The Visitor acknowledges that this data may include other information belonging to third parties and therefore undertakes to respect any right of ownership of these third parties over this data and to take all necessary precautions, which may reasonably be necessary, to protect the privacy and confidentiality of this data from any unauthorized use.

 

  1. BRANDS

Without limiting the scope of the other provisions of the T&Cs, the name “exo.expert“, logos, the Platform, domain names and all other trademarks and/or trade names contained on the Platform are trademarks, trade names or service brands of Groupama Rhône-Alpes Auvergne (collectively, the “Brands“). The Visitor undertakes not to display or use, in any way, any of the Brands, without the prior written consent of Groupama Rhône-Alpes Auvergne, nor to file or protect any of the Brands or any other sign using in whole or in part any of the terms associated with the Brands. All other third party trademarks, service brands, logos and trade names appearing on the Platform are the property of their respective owners. No transfer or grant of rights under the Trademarks is made or shall be deducted from any provision of the T&Cs or any other provision contained on the Platform, and all rights attached to the Trademarks are reserved by Groupama Rhône-Alpes Auvergne or the respective owners.

 

  1. RESPONSIBILITIES

IN NO EVENT SHALL GROUPAMA RHONE-ALPES AUVERGNE, ITS OFFICERS, SHAREHOLDERS, DIRECTORS OR STAFF, BE LIABLE OR HELD LIABLE BY A VISITOR AND/OR ANY OTHER PERSON AFFECTED BY THE PLATFORM FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, SPECIAL DAMAGES, PUNITIVE DAMAGES OR DAMAGES RESULTING FROM THE USE OF THE PLATFORM, OR ANY OTHER DAMAGES ARISING FROM: (I) THE VIOLATION OF THE T&Cs BY THE VISITOR; AND/OR (II) THE UNAVAILABILITY OF THE PLATFORM AND/OR (III) ANY TECHNICAL DIFFICULTY AFFECTING THE PLATFORM AND/OR (IV) INABILITY TO USE, IN WHOLE OR IN PART, THE PLATFORM AND/OR (V) ANY ERRORS, MISMATCHES, OMISSIONS, DEFECTS, SECURITY BREACHES; AND/OR (VI) UNAUTHORIZED OR ALTERED ACCESS TO THE PLATFORM, AS WELL AS TO THEIR RESULTS, AND/OR (VII) ANY OTHER INABILITY OF GROUPAMA RHONE-ALPES AUVERGNE, EVEN IF GROUPAMA RHONE-ALPES AUVERGNE HAS BEEN ALERTED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF THE ACTION BROUGHT (CONTRACT PERFORMANCE, CIVIL ACTION OR OTHER), AND/OR (VIII) THE USE OF THE DATA RESULTING FROM THE USE OF THE PLATFORM. IF THE VISITOR IS NOT SATISFIED WITH THE PLATFORM OR DOES NOT OR NO LONGER AGREES WITH THE T&Cs, HIS OR HER SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY STOP USING THE PLATFORM. IN THE EVENT THAT SOME JURISDICTIONS DO NOT RECOGNISE THE EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR DAMAGES RESULTING FROM THE USE OF THE PLATFORM, THE ABOVE EXCLUSIONS SHALL NOT APPLY TO THE VISITOR BEFORE THESE JURISDICTIONS, IT BEING SPECIFIED THAT IN ANY EVENT, THE LIABILITY OF GROUPAMA RHONE-ALPES AUVERGNE SHALL BE LIMITED TO THE VISITOR TO THE GLOBAL AND LUMP SUM OF FIVE HUNDRED EUROS (500 €).

THE VISITOR AGREES THAT GROUPAMA RHONE-ALPES AUVERGNE IS NOT RESPONSIBLE AND CANNOT BE HELD LIABLE TOWARDS HIM/HER FOR ANY INFORMATION MADE PUBLIC THROUGH THE USE OF THE PLATFORM AND IN PARTICULAR IN THE EVENT OF FALSE, INCOMPLETE, INACCURATE OR ILLEGAL INFORMATION OF THE VISITOR’S DATA. IN ADDITION, GROUPAMA RHONE-ALPES AUVERGNE IS NOT LIABLE FOR ANY COMPLAINTS OR REQUESTS RESULTING FROM THE USE, BY THE VISITOR OR ANY OTHER PERSON, OF THE PLATFORM, FOR A VIOLATION OF ANY OF THE PROVISIONS OF THE T&Cs, INCLUDING IN PARTICULAR ANY COMPLAINT IN VIOLATION OF LAWS AND REGULATIONS, PUBLIC ORDER AND MORALITY, INTELLECTUAL OR INDUSTRIAL PROPERTY RIGHTS, IMAGE RIGHTS, DEFAMATION, HARASSMENT OR INVASION OF PRIVACY OR FRAUD.

 

  1. DURATION – TERMINATION

The T&Cs take effect as soon as the Visitor visualises the Platform and will remain in force, unless terminated under the conditions defined below.

THE ONLY RECOURSE OF THE VISITOR WHO IS NOT SATISFIED WITH (I) THE PLATFORM, OR (II) ANY CONDITION OF THE T&Cs, (III), OR ANY POLICY OR PRACTICE OF GROUPAMA RHONE-ALPES AUVERGNE IS TO TERMINATE THE T&Cs WITH THE LATTER AND TO PERMANENTLY CEASE ALL USE OF THE PLATFORM.

Termination of the T&Cs will not relieve the Visitor of his obligations under the T&Cs (including, but not limited to, intellectual and industrial property, confidentiality, etc.), which will survive termination of the T&Cs for a period of twenty (20) years from the effective date of termination.

 

  1. COMPENSATION – IRREPARABLE HARM

Any Visitor agrees to defend, indemnify and hold Groupama Rhône-Alpes Auvergne, and any person acting on its behalf, harmless from any and all losses, expenses, costs, damages, claims and liabilities (including, but not limited to, direct or indirect damages, attorneys’ fees, etc.) resulting from the use of the Platform by such Visitor, in violation of the T&Cs, including, without limitation, its shareholders, officers, directors, employees and partners.

Any violation or attempted violation of any of the provisions of the T&Cs by any Visitor will cause Groupama Rhône-Alpes Auvergne irreparable damage.

Groupama Rhône-Alpes Auvergne may therefore bring any action at its disposal, in law and in equity, including any request for an injunction, to enforce any provision of the T&Cs and to prevent the Visitor concerned from disclosing, modifying, transferring and/or using the Platform, in whole or in part, directly or indirectly, in violation of the T&Cs.

In the event of illegal or unauthorised use of the Platform, Groupama Rhône-Alpes Auvergne reserves the right to take any appropriate action, and in particular to report the infringement to the judicial and/or police authorities.

 

  1. NOTIFICATIONS – WAIVER

Notifications to Visitors are regularly sent by email or directly to the Platform interface.

The fact that Groupama Rhône-Alpes Auvergne has not required the application of any clause of the T&Cs, whether permanently or temporarily, may under no circumstances be considered as a waiver of Groupama Rhône-Alpes Auvergne’s rights under the said clause.

 

  1. COMMERCIAL OFFERS

Visitors agree to receive commercial offers from Groupama Rhône-Alpes Auvergne and its partners, its communication plans and news, and acknowledge that this agreement is essential for the use of the Platform. Any Visitor is entitled to request, at any time, from Groupama Rhône-Alpes Auvergne, to remove his address from his contact list, by telephone at the following number: 04 72 85 50 00 (price of a local call from a fixed line)

 

  1. MODIFICATIONS

THE T&Cs ARE LIKELY TO BE MODIFIED BY GROUPAMA RHONE-ALPES AUVERGNE, IN PARTICULAR IN THE EVENT OF TECHNICAL, LEGAL OR JURISPRUDENTIAL CHANGES OR WHEN NEW FUNCTIONALITIES OF THE PLATFORM ARE IMPLEMENTED.

 

  1. COMPLETENESS – INVALIDITY

17.1. The T&C constitute the entire agreement between the parties with respect to this Agreement.

17.2. If one or more provisions of the T&Cs are held to be invalid or declared invalid pursuant to a law, regulation – and in particular European Union law – or following a final decision by a competent court, the other provisions shall retain all their force and scope and Groupama Rhône-Alpes Auvergne shall proceed without delay to the necessary modifications while respecting, as far as possible, the spirit of the T&Cs.

 

  1. APPLICABLE LAW – DISPUTES

The T&Cs shall be governed by and understood in accordance with the laws and regulations of France. The Professional Visitor expressly accepts that all disputes and controversies related to the T&Cs, their interpretation, validity and/or execution, not resolved amicably within sixty (60) days of the first notification of the dispute, shall be submitted to the courts of Lyon (France) exclusively.