Last update: 5th April 2023
The website www.fairmat.tech (hereinafter the “Website”), published by Fairmat SAS (hereinafter “FAIRMAT”, “we”, “our”), is a corporate website presenting the expertise and business activities of FAIRMAT.
Should you have any questions, you may directly contact FAIRMAT by sending an email to [email protected].
2. INTELLECTUAL PROPERTY RIGHTS
The Website and all its elements or which are made available to Users, in particular trademarks, logos, photographs, programs, source codes, data, databases, animated or non-animated images, sounds, drawings, graphics, videos or texts, downloadable resources from the Website, layout, appearance, structure, as well as any other element not related to links towards third party websites, are the property of FAIRMAT or are subject to a license granted in its favor by any owner of intellectual property rights.
FAIRMAT grants to each User a personal, non-exclusive and royalty-free license to use the Website, for its own use and for the sole purpose of the operations authorized herein.
Subject to these rights of use granted to the User by FAIRMAT, use of the Website does not imply any license or transfer of rights relating to the elements of the Website to the User. In particular, any copy, reproduction, representation, adaptation, modification, distribution of all or part of the Website as well as all or part of its content, by any process whatsoever and on any medium whatsoever is illegal, unless prior, express and written authorization of FAIRMAT or the holder of intellectual property rights.
Failure to comply with these stipulations, in particular for the purposes of commercial exploitation, may be subject to prosecution on the basis of an infringement action and/or an action for unfair competition and/or parasitism on the part of the holders of the rights in question. This is without prejudice to FAIRMAT’s other rights, in particular the right to obtain compensation for damages.
3. WEBSITE AND SERVICES ACCESS
Access to the Website is technically possible twenty-four (24) hours a day and seven (7) days per week, unless in case of force majeure, possible breakdowns or any operation of maintenance necessary for the good running of the Website.
The User acknowledges having the skills and means necessary to access and use the Website and its services. In this respect, the User must have a computer or any other device with an Internet connection, the settings of which enable the proper functioning of the Website and its services.
In general, the User declares that he/she is aware of the risks associated with browsing websites and using online services and accepts them. In particular, the User acknowledges that the information that passes through or is stored there may be intercepted or altered independently of the will of FAIRMAT.
As such, it is strongly recommended that the User take all necessary precautions to protect himself/herself against the effects of hacking, in particular by adopting a secure and appropriate computer configuration of his/her computer, cell phone or any other device (e.g. by installing regularly updated virus detection software).
4. GENERAL OBLIGATIONS OF THE USER
The User also agrees not to:
- behave likely to undermine the integrity, functioning or security of the information system on which the Website and its services are based;
- intrude or attempt to intrude into FAIRMAT information systems;
- attack or attempt to attack on the authentication and other security measures of the Website;
- collect, extract or use, in any way whatsoever, information on the Website;
- and more generally, to act in a manner likely to infringe the rights and interests of FAIRMAT.
In the event of any breach or fraudulent use of the Website, FAIRMAT has the right to terminate this contractual relationship, ipso jure, without notice or compensation, as well as to block any future access by the User to all or part of the Website and its services.
5. DISCLAIMER OF LIABILITY
The Website and its services are provided to the User free of charge. Despite the care taken in its design and the analysis of its content, the Website cannot be free of errors, periods of unavailability, faults or defects and FAIRMAT does not guarantee the accuracy, quality, legality or suitability for a particular purpose of the Website, its services and the content published therein.
The User is solely liable for the use he/she intends to make of the Website and the preservation of the security and integrity of its data, hardware and software when he/she accesses the Website or services.
Thus, FAIRMAT cannot be held liable for:
- any dysfunction or bad condition of IT’s User equipment during or after User browsing on the Website, as well as in case of impossibility of access, poor User conditions on the Website attributable to these devices, the provider of Internet access, Internet network congestion, or any other reason external to FAIRMAT;
- electronic or phone communications expenses induced by the use of User’s equipment which shall be exclusively borne by the User and will not be borne by FAIRMAT;
- any temporary, partial or total unavailability of the Website, in particular in the event of maintenance, technical incident and, more generally, in case of an event beyond the control of FAIRMAT;
- any consequences that may arise from the contents of the websites referred by external links that may be displayed on the Website;
- any indirect damage that may be suffered by the User;
In the event that FAIRMAT is held liable for damage not provided for in this article, its liability will be limited to certain, real and direct damage.
Consequently, under no circumstances FAIRMAT, its managers, employees and, in general, its representatives and partners, shall be held liable for any indirect damage resulting from the use of the Website, its services, and the content published therein, and in particular for loss of profit, loss of opportunity or damage resulting from loss of data caused by the impossibility of using the Website and its services.
7. TERMINATION OF THE WEBSITE OR SERVICES
8. CONTRACT ASSIGNMENT
The Website is likely to contain hyperlinks to other websites or internet sources, other than those published by FAIRMAT. FAIRMAT is not liable for the availability of these external websites and internet sources, and thus declines all responsibility for the content, products, services, advertising or any other material available on or from these external websites or internet sources to the extent that FAIRMAT cannot control these external websites and internet sources. Therefore, the decision to activate the hyperlinks exclusively belongs to the User.
FAIRMAT reminds the User that non-affiliated external websites or sources are subject to their own terms and conditions.
If the User wishes to create a hypertext link to the Website, the User must obtain FAIRMAT’s prior written consent by sending a request by email: [email protected]. FAIRMAT may, in its sole discretion, accept or reject any request made to it for this purpose. FAIRMAT is under no obligation to accept such request, nor to provide any reason for rejecting such request.
11. GOVERNING LAW / JURISDICTION
In the event of a dispute relating to their interpretation or execution, FAIRMAT and the User shall seek, before any litigation, an amicable agreement and shall provide each other with all necessary information to this effect.
In the absence of an amicable agreement between FAIRMAT and the User within a period of two (2) months from the notification of the dispute to the other party, express jurisdiction is given to the competent Court in France.