General conditions of use for the website aimont.com

 

Article 1 : Subject

These GCU or General Conditions of Use provide a legal framework for use of the services on the AIMONT website (hereinafter referred to as “the Website”).

As they constitute the contract between the company JALLATTE and the User, these GCU must be accepted before accessing the website. By accessing this platform, you accept these GCU.

Article 2 : Legal notices

Publication of the AIMONT website is guaranteed by the company JALLATTE listed on the Business Register under number Nîmes B 391155751, with its company headquarters located at 5 RUE DU FORT, 30170, SAINT-HIPPOLYTE-DU-FORT, mainland France.

The host of the website https://aimont.com is the company Abtel – Groupe Delta, Km 4, Route Départementale, 30230, Bouillargues, 04 66 04 06 13, France.

JALLATTE reserves the right to make any changes to the Website and, in particular, to change the structure or presentation of the Website or to replace existing functions with new ones provided that it does not significantly alter the accessible services on the Website.

Article 3 : Access to the Website

The Website may be used for free from anywhere by all users with access to the Internet.

Use of the Website implies that the User has the hardware and software required to connect to the Internet and to access the Website.

We recommend using a high-speed network. The User acknowledges that slow or poor quality information transmission speeds on the Internet will have negative effects on the Website’s performance.

All the costs, fees, subscriptions and taxes for the Internet connection and the hardware required to access the Website shall remain the sole responsibility of the User or the Subscriber, i.e. the User.

The Website might not be compatible with all browsing devices, such as computers, smartphones, tablets or others. It is the User’s responsibility to check whether their browsing devices are compatible with the Website before accepting the GCU.

In terms of the hardware used to access the Website, it is up to the Customer and/or User to take all the appropriate measures so they are protected against viruses from any potential malicious programs or other security incidents.

Due to maintenance or other reasons, access to the website might be interrupted or suspended by the publisher without notice or justification. Certain rules in the GCU only apply to consumer Users who act for purposes that are outside their trade, business, craft, profession or agricultural activity (“Consumer Users”), while other rules do not apply to them.

They are indicated as such below.

Access to the Distributor Access section is reserved for professional Users and is done through credentials and a password previously obtained from the JALLATTE Sales Department.

Professional Users must take every step to keep their Credentials secret and to ensure that they are not shared in any way with other people. They must make sure that their individual devices and stations which allow them access to the Website are secure.

To ensure their User Account is secure, Users must :

  • choose a strong enough password (see the advice from the CNIL : https://www.cnil.fr/fr/les-conseils-de-la-cnil-pour-un-bon-mot-de-passe);
  • not share their Credentials with third parties;
  • take all necessary precautions to stop third parties from accessing them;
  • take all measures to prevent third parties from accessing their User Account, even without their knowledge (in particular, by blocking access to Website browsing devices – computer, smartphone, etc, – with another password that is just as strong);
  • not give third parties access to their User Account.

Lending, sharing, transferring or selling Credentials is prohibited and shall not be binding for the Jallatte company.

Professional Users may be liable for any access to the Website through their Credentials.

Users shall notify JALLATTE without delay of any loss, theft or unauthorised use of the Website and their Credentials so that JALLATTE can take any special measures to resolve the problem without delay.

If necessary, JALLATTE shall block any unauthorised access to the User Account as soon as possible after it has received an email requesting this step (proof of the User’s identity and authority may be required if needs be).

If notification is not received or before any unauthorised access to the User Account concerned is blocked, JALLATTE may not be held liable for any potentially adverse consequences from access by an unauthorised third party to the User Account concerned through these Credentials, except if the disclosure to this third party of the Credentials for the User Account concerned is caused by its own fault or negligence (which cannot come from the lack of blocking alone within a reasonable period of time).

Consequently, with the exception of the disclosure of Credentials caused by the fault or negligence of JALLATTE and except for Consumer Users, the User accepts that all actions linked to their User Account are considered to have been done by them if notification is not sent of a loss, theft or unauthorised use within a reasonable period of time.

Article 4 : Personal data

The data controller :

The data controller for the processing of your personal data is the company: JALLATTE listed on the Business Register under number Nîmes B 391155751, with its company headquarters located at 5 RUE DU FORT, 30170, SAINT-HIPPOLYTE-DU-FORT, mainland France.

The data collected and its processing :

Certain data from the User is collected and processed by JALLATTE when the user creates an account and accesses the Website, such as :

  • Identification data: Surname, first name, email address, telephone number

The information collected on this form is recorded in a computerised file by JALLATTE to identify the User and allow them access to the Website.

We only store your personal data for the time required to carry out our services.

JALLATTE also uses cookies and other Internet trackers. They shall be clearly notified to the User, in particular through the notices on the Website and as explained in more detail under Article 8.

The use of certain trackers or cookies is necessary to allow the User to access the Website and their User Account. JALLATTE may not be held liable if it is not possible to access the Website, the User Account and the aforementioned services, in the event that the User objects to the use of these trackers or cookies.

Security :

To ensure that Personal Data is secure and confidential, JALLATTE uses networks protected by standard devices such as firewalls, pseudonymisation, encryption and passwords.

When processing Personal Data, JALLATTE takes every measure to protect this data against any loss, misuse, unauthorised access, disclosure, alteration or destruction.

Your rights :

In accordance with Regulation (EU) 2016/679 of the European Parliament on data protection, as well as with the French Data Protection Act, in its amended version No 2018-493 of 20 June 2018 on personal data protection, the people concerned have the right to object, access, rectification, erasure, restriction and portability of their data.

You may exercise this right by :

  • The contact form;
  • Your customer area.

If you have any problems or questions regarding data protection regulations or to exercise your rights, you may contact our data protection officer (DPO): dpo@jallatte.fr or by post (5 Rue du fort – 30170 Saint Hippolyte du Fort)

If the User thinks that, after contacting us, their rights under the French Data Protection Act are not respected, they may file a complaint with the CNIL (https://www.cnil.fr)

Article 5: Intellectual Property Rights

JALLATTE is the sole holder of all the intellectual property rights for the Information and texts, graphics, audio, videos, software, databases or elements of any other nature that form the Website and the services provided to the User.

The brands, logos and contents of the AIMONT website (graphic illustrations, texts, etc) are protected by the French Intellectual Property Code and by copyright laws.

The reproduction and copying of the contents by the User require prior authorisation from JALLATTE. Any use for commercial or advertising purposes is forbidden.

Article 6: Liability

JALLATTE only has obligations of diligence under the terms of these GCU.

  • except for Consumer Users, JALLATTE’s liability is limited just to damage that is caused directly by a failure which is proven to be attributed solely to the company;
  • except for Consumer Users, JALLATTE may not be held liable for indirect or unforeseeable damage that could arise from its failures. Indirect damage is considered any moral or commercial damage, or loss of profit, turnover, orders, revenues, customers or data and any action brought against the User by a third party and the resulting consequences.

JALLATTE accepts no liability for any potential viruses that could infect the User’s computer equipment after using or accessing this website.

JALLATTE may not be held liable in cases of force majeure or the unforeseeable and unavoidable actions of a third party.

The information shared on the AIMONT website is purely for information purposes and has no contractual value. Notwithstanding regular updates, JALLATTE may not be held liable if administrative and legal provisions are amended after publication. This also applies to the use and interpretation of the information communicated on the platform.

Article 7 : Hyperlinks

The website may contain hyperlinks. When they click on these links, Users shall leave the AIMONT platform published by JALLATTE.

In so far as JALLATTE cannot control these partner services and external sources, it has no obligation regarding the availability and contents of these websites and external sources, and accepts no liability regarding the contents, adverts, products, services or any other material available on or from these websites or external sources.

JALLATTE also accepts no liability for proven or alleged losses or damage, resulting from or in relation to using, or from having trusted the contents, goods or services available on these partner services or external sources.

Article 8 : Cookies

While visiting the website, cookies may be automatically installed on the User’s browser.

Cookies are small files temporarily stored on the User’s computer hard drive. These cookies are required to ensure accessibility and browsing on the website. These files do not contain personal information and cannot be used to identify anyone.

The information in cookies is used to improve the browsing performance on the aimont.com website.

By browsing on the website, Users accept cookies. They may be disabled through the browser settings.

A “cookie” is a small information file sent to the User’s browser and saved on the User’s device (eg: computer or smartphone), (hereinafter “Cookies”). This file includes information such as the User’s domain name, the User’s Internet provider, the User’s operating system, as well as the date and time of access. Cookies in no way risk damaging the User’s device.

https://aimont.com might process the User’s information regarding their visit to the Website, such as the pages viewed and any searches carried out. This information allows https://aimont.com to improve the Website’s contents and the User’s browsing.

For Cookies that support browsing and/or the provision of the services offered by the Website, Users may configure their browser so that it lets them decide whether they want to accept them or not so the Cookies are saved on their device or, if not, are rejected, either systematically or depending on their source. Users may also configure their browser so that acceptance or refusal of Cookies are occasionally offered to them, before a Cookie is likely to be saved on their device. https://aimont.com informs the User that, in this case, the functions of their browser might not all be available.

If the User refuses to save Cookies on their device or browser, or if the User deletes any saved Cookies, the User should note that their browsing and experience on the Website may be restricted. This might also be the case when https://aimont.com or one of its service providers cannot recognise, due to technical compatibility purposes, the type of browser used by the device, the language and display settings or the country where the device seems to be connected to the Internet.

If necessary, https://aimont.com accepts no liability for any consequences linked to poor functioning of the Website and of any services potentially offered by https://aimont.com, resulting (i) from refusal of Cookies by the User, or (ii) from the inability of https://aimont.com to save or consult the Cookies required for their functioning due to the User’s choices. For managing Cookies and the User’s choices, the configuration of each browser is different. This is described on the browser’s help menu, which will allow them to know how the User can change their Cookie preferences.

Users may choose to express and change their Cookie preferences at any time. https://aimont.com may also use the services of external providers to help collect and process the information described in this section.

Finally, by clicking on the special icons for the social media networks of Twitter, Facebook, LinkedIn and Google Plus on the https://aimont.com Website or on its mobile app and if the User has accepted the saving of cookies by continuing to browse on the https://aimont.com Website or mobile app, then Twitter, Facebook, LinkedIn and Google Plus may also store cookies on your devices (computer, tablet or mobile phone).

These types of cookies are only stored on the user’s devices if the user agrees to them by continuing to browse on the Website or mobile app of https://aimont.com. Users may nevertheless review their consent at any time that https://aimont.com stores this type of cookie.

Article 9 : Posts by the User

The AIMONT website allows Users to post comments.

When making posts, Users must respect the rules of Netiquette, as well as the rules of law in force.

The website has the right to amend these posts beforehand and may refuse their publication online without having to justify it.

Users maintain their full intellectual property rights. However, any post on the website shall grant the non-exclusive and free right for the publisher to represent, reproduce, modify, adapt, distribute and circulate the post anywhere and on any medium for the duration of the intellectual property right, either directly or through an authorised third party. In particular, this concerns the right to use the post on the Internet and on mobile phone networks.

Every time it is used, the publisher shall mention the member’s name next to the post.

Users are responsible for any content they put online. Users shall not post content that might jeopardise the interests of third parties. Any court proceedings brought by an aggrieved third party against the website shall be the responsibility of the User.

The website may remove or modify the User’s content at any time, for any reason and without notice.

Article 10 : Duration of the contract

This contract is valid for an indefinite period of time. The date when the website’s services are first used marks the date when these GCU come into effect for the User.

Article 11 : Applicable law and competent court

This contract is subject to French law. FOR USERS OTHER THAN CONSUMER USERS, THE COURTS OF NIMES SHALL HAVE SOLE JURISDICTION OVER ANY DISPUTE BETWEEN THE PARTIES, INCLUDING FOR PROTECTIVE MEASURES, EMERGENCY PROCEEDINGS, APPLICATIONS FOR SUMMARY PROCEEDINGS, THE INTRODUCTION OF THIRD PARTIES, LEGAL APPLICATIONS OR MULTIPLE DEFENDANTS.

FOR CONSUMER USERS, ALL DISPUTES SHALL BE BROUGHT BEFORE ONE OF THE REGIONALLY COMPETENT COURTS UNDER THE FRENCH CIVIL PROCEDURE CODE.