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GENERAL TERMS OF USE - ESERVICES


General Terms of Use - eServices

1. Purpose

The purpose of these General Terms of Use (hereafter "CGU") is to define the procedures for the use of the Site by the Users.

2. Legal information

UGITECH S.A.

Corporation with capital of 80,297,295.87 euros, registered with the RCS of Chambéry
Main office : Avenue Paul Girod, 73403 UGINE CEDEX, France
Intra-EU VAT No. : FR 89 410 436 158
SIREN No. : 410 436 158

E-mail address : info@ugitech.com
Telephone No. : +33 (0) 47989 3030
Publication Director : Mr Patrick Lamarque D'Arrouzat – Managing Director
Simplified Cnil declaration number : 1872425 v 0

The Site is hosted by :

UGITECH S.A.
Avenue Paul Girod
73403 UGINE Cedex – France
Tel. : +33 (0) 47989 3030

3. Definitions

  • CGU : means these General Terms of Use
  • Client : means the client company at Ugitech of which certain employees are Users of the Site
  • Account : means a user account allowing for access to eServices
  • Entity : means any company of which at least half of the shares with voting rights are directly or indirectly held by Ugitech
  • Site : means the "eServices" web site : eservices@ugitech.com
  • User : means any person who uses the Site or one of the services offered on the Site
  • Manager : means the employee of the Client company who was chosen by the Company to be the person in charge of the creation, management, modification and deletion of all Accounts
  • Employee Account : means any Account created by the Manager in the name and on behalf of one or several employee(s) by the same Client company as the Manager.

4. Acceptance / Modification of the CGU

The User acknowledges that he is aware of the conditions for use defined in these CGU, at the time of his connection to the Site and expressly declares that he unreservedly accepts them.

Ugitech reserves the right to modify the CGU at any time. If necessary, the new CGU will be brought to the attention of the User by a modification on line and will be applicable as of their dissemination. The currently valid CGU are accessible on the Site.

If the User refuses any modification, he must close the Account by following the Account closing procedure described in article 6.2 hereafter. If the User does not express his refusal of the modification by closing the Account during the 2-month notice period, he will be considered to have accepted it.

5. Presentation of eServices

‘eServices’ offers Users a set of information accessible via the Internet, in particular :

  • Monitoring of orders on line
  • Access to commercial documents
  • The consultation of Ugitech product catalogues
  • Commercial consultation.

6. General terms for use of the Account

6.1. Management of the Account

eServices can be accessed via a user account and a personal password.

At the time of the eServices registration procedure, the Client must indicate the Manager with the first and last names and of the employees who want to become Users and certain information regarding his company.

At the end of the registration procedure and after validation by Ugitech, a user account will be sent by E-mail to each User as well as a link to initialize password. The User can modify his password at any time via the Site.

The access codes and the passwords are confidential. The User is responsible for maintaining the confidentiality of his Account and his password, restrictions on access to his computer, and within the limit of what is authorized by the applicable law, the User is responsible for all activities that are carried out from his Account or with his password. The User is responsible for the consequences of their use.

The number of attempts to access the Site or the secured section is limited. For security reasons, access to the Site is automatically invalidated after several erroneous access attempts.

The Client and the User are responsible for the validity and the complete nature of the information that they provided to Ugitech; they must notify Ugitech of all changes involving this information. The User can access this information and modify it, and also his account settings, via the My account space of the Site. If the User modifies his E-mail address, eServices sends an address confirmation E-mail as for the creation of an account. The «change your password» link redirects the User to the password changing page.

The User agrees to immediately inform Ugitech of any unauthorized use of his Account and/or his password, and to make sure that he has logged off properly at the closing of each session.

In the event of the departure of the User and/or the Manager of the Client Company, the Client agrees to inform Ugitech in advance of this departure, so that the User's Account can be permanently deleted.

In no event may Ugitech be held responsible for loss or damage of any kind that occurs in the event of a breach by the User or the Client of their obligations.

6.2. Closing of the Account

The Manager can delete any Employee Account.

The Manager account can only be deleted by Ugitech.

However, customer must always have at least one manager account.

Ugitech reserves the right to refuse access, close an account, or remove the content if the User is in violation of applicable laws or of these CGU.

The User can request the closing of his access to eServices by filling out the deregistration form provided for this purpose.

7. Modification / evolution of the Site

The Site is accessible 24 hours a day, seven days a week, except for interruptions, scheduled or otherwise.

Ugitech reserves the right to modify and/or upgrade the Site at any time without the interruption caused by this modification and/or evolution opening any right to compensation to the User or the Client for any direct or indirect prejudice stemming from it.

The User is responsible for the use of the data that he consults, queries and transfers from eServices.

8. Confidentiality

Ugitech, the owner of the Site, respects and protects the confidentiality of the information communicated when using the Site (personal data, transactions, activity of the company, etc.).

The User's browsing on the Site will be automatically kept on our servers. This browsing data will be used by Ugitech exclusively for statistical needs, the adapting of Ugitech products and services to the needs of the User and with the goal of improving the Site.

The aforesaid data will in no event be used by third parties for advertising or marketing needs.

9. Cookies

A cookie is a small text file sent to your browser via the Web site consulted. Thanks to this cookie, information about your visits, particularly your preferred language and other settings, is saved on the Web site. This can facilitate your next visit to the Site and reinforce the usefulness of the Site for you. Cookies play an important role and offer users a convenience function which saves them time.

You can set your browser so as to block cookies, including the cookies linked to our services, or so that you are informed when we send them to you. It is important to keep in mind however that the services may not function properly if you deactivate the cookies.

No data other than that necessary for browsing on the Site is memorized in these cookies.

10. Intellectual property and personal data

Unless otherwise indicated, the rights of intellectual property for the documents contained in the Site and each of the elements created for this Site (particularly the registered trademarks, domain names, texts, graphics, logos, sounds, photos and animations) are the exclusive property of Ugitech or its Entities, which do not grant any right other than the right to consult the Site. The reproduction of all documents published on the Site is solely authorized for the exclusive purpose of information for personal or private use. Any reproduction and any use of copies made for other purposes is expressly forbidden.

In accordance with the "Computer files and liberties" law of January 6, 1978 amended in 2004, the Site has been declared with the National Commission for Computer Files and Liberties. Any person cited on a page of this Site can exercise his rights of access, modification, rectification or deletion of the information concerning him at the following address :

UGITECH S.A.
Communication Clients
Avenue Paul Girod
73403 UGINE cedex - France

The User can also object to the processing of his personal data.

11. Internet use rules

The User declares that he accepts the characteristics and the limits of the Internet, and in particular acknowledges that :

  • Ugitech does not assume any responsibility for the services accessible via the Internet and does not exercise any control in any form regarding the nature and the characteristics of the data that could go through its server center.
  • The User recognizes that the data circulating on the Internet is not protected, particularly against possible misuse. The presence of the Ugitech logo establishes a simple presumption of validity. The communicating of any information judged by the User to be of a sensitive or confidential nature is done at his own risks and perils.
  • The User acknowledges that the data circulating on the Internet may be regulated in terms of use or be protected by a right of ownership.

12. Responsibilities

Ugitech makes every effort to offer Users the most reliable and high-quality information possible.

Ugitech does not however guarantee the accuracy or the exhaustiveness of the information disseminated on the Site.

The information presented on this Site is only for information purposes and its content and accuracy cannot be guaranteed.

Consequently, the use or the interpretation of the information and/or documents available on this Site is done under the sole and entire responsibility of the User and the Client, who assumes all of the consequences that could stem from this, with no possibility of Ugitech being held liable, and with no possibility of recourse against it.

It is highly recommended that you verify the accuracy and the relevance of the information and/or documents made available on this Site. Ugitech reserves the right to correct them as soon as these errors are brought to its attention.

The information and/or documents available on the Site may be modified at any time, and may have been updated.

Ugitech cannot be held responsible for any loss or damage that occurs in the event of a breach by the User of his obligations.

13. Other

If any one of the provisions of these CGU is declared null, in whole or in part, the validity of the other provisions will not be affected by this.

Any default or delay in the exercising or partial exercising of a right by Ugitech cannot be considered a renunciation of this right.

14. Applicable law and courts of competent jurisdiction

These CGU are subject to French law. All disagreements relating to these CGU which cannot be resolved amicably will be submitted to the Court of Commerce of Chambéry, FRANCE.