I/ LEGAL ENTITY
This website has been developed by Wizishop and is administered by ARAGO SYSTEMS, as defined here above.
- Client: any legal entity, using the Website and registering on it for the purpose of subscribing to one or more Services or Products provided on the website.
- Client’s Account: personal account of the Client on the Website, as defined in Article VII.4 hereof, allowing the Client notably to order Products and Services.
- Datas: files and information of all kinds (text, images, sounds, videos, etc...) filled in the Client’s Account under the responsibility of the Client, and on the servers managed by ARAGO SYSTEMS.
- Products: all products sold on the website
- Third-parties: any person (physical individuals or legal entities) other than the Parties.
- Trademark: the French trademark “ ” n°3864424
- Website: the website located at URL http://www.wismote.com.
- User: any person consulting the Website, including the Clients.
III/ FIELD OF APPLICATION
IV/ USER' AND CLIENT'S ACCEPTANCE
The Client acknowledges that he/she has read the legal information contained on the http://www.wismote.com platform prior to his/her registration on the Website.
The Client acknowledges that the use of the Website, the Products requires that the Client has the necessary technical requirements for the good use of the Products and Services, such as an Internet connection, whose costs are independent of the Products and Services provided by ARAGO SYSTEMS.
ARAGO SYSTEMS may be required to send to the Client some information within the framework of use of the Products and Services (such as newsletters...). Besides, with his approval, the Clients can be registered to a mailing list in order to receive commercial offers and information concerning the and Products provided by ARAGO SYSTEMS Furthermore the Client may at any time unsubscribe from the newsletter sent by ARAGO SYSTEMS by clicking the unsubscribe link at the bottom of each newsletter or email.
The Client shall undertake to access the Products only by the interfaces and not by any means other than provided by ARAGO SYSTEMS for said purpose.
For further information, Clients are invited to consult the various sections of the Website, and if necessary, to contact ARAGO SYSTEMS for any request of clarification through the “contact form” provided for this purpose on the Website.
Registration on the http://www.wismote.com/ platform in order to subscribe to any of the Services and Products provided by ARAGO SYSTEMS, is carried out online on the Website through the Client identification and registration process. The Client has access to registration from the Website or through the link contained in the email sent by the sales department of ARAGO SYSTEMS if the Client registered to a mailing list. Creating a Client’s Account on the Website takes place via the registration form available in the "Customer area" tab.
The Client shall undertake to fill in, in good faith, all mandatory fields contained in the registration form. Indeed, the Client shall indicate the information below:
The the Client shall fill in the second form:
• First name
• Date of birth
• Billing address
These information will be displayed within the Client's Account and will allow ARAGO SYSTEMS to send notifications to the Client concerning modifications of his/her Client’s Account, such as password reset function, addition/modification of a license to his/her account or closure of the Client’s Account.
At the time of registration, the Client who represents legal entities certifies that he/she is legally authorized to bind the legal entity, and that the legal entity is not subject to reorganization or liquidation.
Clients are able to access a personal Client’s Account by activating the connection parameters (username and password chosen by them during the registration), which are activated by an email of confirmation sent by ARAGO SYSTEMS. The identification Data enabling access to their Accounts are sent as a reminder to Clients through this email.
It is the Clients' responsibility to check the validity of the email address entered on the registration form, because this email address is a mean of identifying the Clients' Account. In the event where the email address was to be incorrect, the Client may not be able to access his/her Account and personal space and ARAGO SYSTEMS will not be, in any way, liable.
Finally, it is the responsibility of each Client to regularly change the code that was personally chosen at the time of registration, and to ensure that this code is composed of both letters and numbers and is long enough.
VII.3 Connection settings
Each Client must keep confidential his/her connection settings (e-mail and password) entered in the registration form. The Client is responsible for all uses, whether or not expressly authorized. The Client has no right to transfer, lend or assign his/her connection settings to any Third Party or allow any Third Party to connect to his/her Account.
The Client shall further undertake to:
- immediately notify ARAGO SYSTEMS in the event of misuse of his connection settings or Account or in the event of any other breach of security,
- make sure to have properly disconnected from the Account at the end of each session using the tab "Log out".
VII.4 Content of the Client’s Account
ARAGO SYSTEMS has no ownership rights to the Data, information or documents that the Client submits when using the Website (the "Client Data").
The Client, and not ARAGO SYSTEMS, is solely responsible of the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property rights and rights to use of all Client Data. Furthermore ARAGO SYSTEMS may not be held liable for the deletion, correction, destruction, damage, loss, or failure to store any Client Data.
In the event of any breach whatsoever, ARAGO SYSTEMS reserves the right to withhold, remove and/or discard Client’s Account without prior notice. Upon termination for cause, the Client's right of access to Client’s Account or usage right to said latter ceases immediately and ARAGO SYSTEMS shall not be required to store or transfer any Client Data whatsoever.
The use or conservation of any telephone or computing equipment, printers and other equipment which are necessary in order to access to the Website is the User's responsibility, who will bear the costs. ARAGO SYSTEMS will not be held liable in case of damage to any equipment in connection with the use of the Website.
IX/ PERSONAL DATA POLICY
Pursuant to the Act of 6 January 1978, collection and the computer processing of Data that might be carried out by the Website have been declared to the Commission Nationale de l'Informatique et des Libertés (National Information Storage and Freedom Commission, CNIL: www.cnil.fr) under the number: 1913425 v 0.Every person can access to these information by writing to the CNIL, at 21 rue Saint Guillaume, 75340 Paris cedex 07, or by e-mail to firstname.lastname@example.org.
The functioning of this Website may involve the collection of a certain amount of personal datas from the internet user (Users, Clients). The main purpose of such collection is the proper display of the Website on the User’s screen and the establishment of general activity statistics. The collection of certain personal datas may be made by the use of "cookie" files stored by the server hosting the Website on the user's hard drive to facilitate navigation on the Website or for constituting statistical data concerning general Website activity. Although they do not allow direct identification of the User, they are processed by the CNIL as personal data.
Datas thus collected are neither sent nor sold to any Third Party except in the very unlikely case that they should be communicated to the judicial authorities by Court order. Only Datas relative to payment are retained by ARAGO SYSTEMS. The latter cannot be bound by any obligation relative to such Datas and particularly concerning their security.
Moreover, ARAGO SYSTEMS shall not transfer any personal Data that may be collected on the Website, to non-member States of the European Union, which does not present a level of protection equivalent to the protection in force within the European Union. In the unlikely event that such a transfer would be required and foreseen, ARAGO SYSTEMS shall undertake to sign an agreement prior thereto with the entity receiving the Data, whereby the latter would undertake to provide Data protection in accordance with Directive 95/46/EC of 24 October 1995, transposed into French law by Act of 15 July 2004, and to communicate this agreement to the CNIL.
Users to the Website have the option of refusing the registration of any such cookies by selecting the corresponding option in the browser's toolbar. The User is requested to carry out this step if he/she so wishes. In said event, the ease of navigation, loading of web pages, and the implementation of certain applications may be altered.
Pursuant to Article 39 of Law No. 78-17 of 6 January 1978 relating to data, files and freedoms, as amended by Act No. 2004-801 of 6 August 2004 (Article 5), all Users or Clients have a right to access, modify, rectify, and delete data that may concern him/her. When necessary, those rights may be exercised by contacting ARAGO SYSTEMS: by letter to ARAGO SYSTEMS SYSTEMS, 5, rue Soutrane – 06560 VALBONNE SOPHIA ANTIPOLIS, or by e-mail to email@example.com. Requests are processed within a minimum period of 1 month and shall not exceed 6 month.
X/ INTELLECTUAL PROPERTY
ARAGO SYSTEMS is the owner of intellectual property rights of both the general structure of the Website and its content.
The Client acknowledges and accepts that access to the Website, the Products and Services, that are made available by ARAGO SYSTEMS, do not imply any assignment or licensing of intellectual property rights (and in particular copyrights) and any other rights to the benefit of the User.
Access to Products and Services is limited exclusively to the use by the User under the conditions and limitations set forth herein and in accordance with the provisions of the article L.122-5-2 of the French Intellectual Property Code.
As such, the Client acknowledges and accepts that use granted by ARAGO SYSTEMS, on the basis of access to the Website, its Products, Services and to their content, especially excludes access to Products and Services for the purpose of reproduction, resale, exchange, rental, modification, adaptation, correction of all or part of the Website, the Services, the Products and their content, even free of charge.
X.1. Respect of Trademarks
Trademarks mentioned and used on this Website, as the trademark “ ” n°3864424, and more generally all the elements which may be reproduced or used on the Website are protected by intellectual property.
They are the whole property of ARAGO SYSTEMS. In consequence, any reproduction, representation, use, adaptation, alteration, incorporation, translation or commercial use, in part or in full, in any manner, by any process and in any format whatsoever of these Trademarks, without written consent of ARAGO SYSTEMS, are strictly forbidden. The fact that ARAGO SYSTEMS does not open a procedure as soon as taking notice of those unauthorized uses does not mean acceptance of those uses and non-prosecution.
X.2. Non-violation of Copyrights© - Links (owned by ARAGO SYSTEMS)
This Website respects copyrights. All copyrights of protected works that are reproduced and communicated on the Website apply worldwide. All uses of works other than individual reproduction and private consultation are prohibited without permission.
- X.2.1. Reproduction on paper
Reproduction (such as printing...) on paper of the Website is permitted for a personal non-commercial use only.
- X.2.2. Electronic reproduction
Reproduction on an electronic device, of all or part of the Website, is prohibited.
▪ Creating links to www.wismote.com:
The Website allows the establishment of a hyperlink pointing to its contents, subject to:
- not using the technique of “deep linking”, namely, the pages of the Website must not be nested within the pages of another website, but accessible through the opening of another window;
- mentioning the source that shall open after clicking on the hypertext link directly from the targeted content;
- information must be used for personal, associative or professional purposes alone;
- any use for commercial purposes or advertising is excluded.
This permission does not apply to websites containing information that is controversial, pornographic, which incite racial hatred or any form of discrimination or which may, to a broader extent, affect the sensibilities of the greater majority.
For other uses, please contact ARAGO SYSTEMS.
▪ Links pointing to other sites that are inserted on www.wismote.com:
This Website may contain links to Third Party’s websites that are not controlled by ARAGO SYSTEMS. The latter is in no manner liable for the content of other websites that Users may access from the Website. When the User accesses a website other than ARAGO SYSTEMS's, the User does so at his/her own risk, and ARAGO SYSTEMS may not be held liable for the accuracy or reliability of the information, data, opinions, advice or statements made on this other website, nor the quality of Products and Services offered there. ARAGO SYSTEMS provides these links only as a convenience and the existence of such links does not imply that ARAGO SYSTEMS endorses or accepts any liability for the content or uses of such websites.
- X.3. General Compliance with principles of morality, courtesy and loyalty
In general, Users and Clients shall undertake to respect the laws and regulations in force in their country in order to respect public policy and morals conduct or the rights of others. Clients shall insure in particular, and without limitation, that no Data transmitted in the scope of use of the Products and Services:
- is pornographic or pedophile;
- is conducive to violence, crime, felony, suicide, acts of terrorism, theft, acts of damage or deterioration;
- condones war crimes, crimes against humanity and acts of terrorism;
- is conducive to discrimination, hatred or violence against a person or group of persons because of their origin or their ethnicity, nation, race or because their religion or morals;
- shall damage the honor or reputation of any individual in any manner whatsoever;
- damages the security, privacy, image and intimacy of any Third Party's privacy.
- X.4. Restrictions of use
ARAGO SYSTEMS concedes to the Users, who accept, a non-exclusive, non-transferable, non-assignable right to use the Products and Services in their applicable version when ordering, starting from the Subscription date and strictly within the limits of the Services and Products delivery.
As such, Users are expressly forbidden to:
- sell, publish, display, disclose or make available to any Third-Party Products and Services made available by ARAGO SYSTEMS on the Website;
- perform reverse engineering, decompiling or disassembling Products, except as expressly authorized by law;
- removing references of identification and ownership of the Products and Services;
- lease, lend or use the Products and Services with the objective of sharing it or making it available to Third-parties hereto;
- publish any test or analysis or evaluation of performance relative to the Products and Services without prior written permission from ARAGO SYSTEMS;
- Use or copy Products or Services by any manner which is not expressly authorized by ARAGO SYSTEMS.
The User notices and accepts that the access to the Products, Services and Website made available by ARAGO SYSTEMS, shall not be construed as granting any license or right in and to the Trademarks and other rights to the benefits of the User.
Any unauthorized use, reproduction, distribution, downloading, re-transmission, allowing access by a link or a hypertext link, or other copying, adaptation or modification of the Website and/or the contents herein is strictly prohibited without the express written consent of ARAGO SYSTEMS.
Any failure to comply with the present provision would cause an infringement to copyright, Trademarks or other intellectual property rights which could expose the User to civil and/or criminal penalties.
XI/ WARRANTIES AND EXCLUSION OF ARAGO SYSTEMS WARRANTIES
ARAGO SYSTEMS does not and in any manner, guarantee that (i) the www.xxxxxx.com platform, the Products will meet all Client requirements, (ii) that the www.wismote.com platform, the Products will be continuously available without interruption, suitable, secure or without any error.
XII/ CLAIM – COMPENSATION
In case of complaints of any kind whatsoever, the User shall send his/her request through the contact form located under the « Contact us » tab of the Website or by e-mail at firstname.lastname@example.org.
The complaint shall be answered by ARAGO SYSTEMS between 5 working days and 20 working days, by email of by letter if specifically requested by the User.
If, at the end of this period of time, the User has not received a satisfactory reply, he/she may send a second request, sending notification by registered letter with acknowledgment of receipt. The User's request shall be processed within a month of receipt of such notification.
In all correspondence sent to ARAGO SYSTEMS (email or letter), the User shall undertake to mention his/her email address and login name, making it possible to identify the User and to process his /her requests. Incomplete requests will not be processed by ARAGO SYSTEMS.
XIII/ FORCE MAJEURE
Neither Party shall be held liable in regard to the other Party for non-fulfillment or delays in the fulfillment of an obligation under the terms of this contract due to the actions of the other Party following the occurrence of a case of force majeure as defined in article 1148 of the french civil code.
The following are specifically considered as cases of force majeure or acts of God, in addition to those normally accepted according to the jurisprudence of french Courts and Tribunals: the interruption of telecommunications, including telecommunication networks, total or partial strikes, lock-outs, riots, civil unrest, uprisings, civil or foreign wars, nuclear risk, embargoes, confiscation, capture or destruction by any public authority bad weather, epidemics, the blocking of transport means or supplies for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or statutory modifications of the forms of marketing, computer failure, any consequences of technological developments that are not foreseeable by ARAGO SYSTEMS, and which challenge norms and standards of its profession and any other circumstances that are unforeseeable, unstoppable and beyond the control of the Parties and which prevent the normal fulfillment of their reciprocal obligations.
XIV/ APPLICABLE LAW AND JURISDICTION
XIV.1 Applicable law
XIV.3 Dispute-resolution Procedure
The present clause applies, except otherwise provided by law, without prejudice to ARAGO SYSTEMS rights to prosecute anyone who violates its rights before any Court that would have jurisdiction in the absence of the above-mentioned clause.