The Balmont Conseil terms of service establish the rules and obligations applicable when using its services. By accepting these terms, users agree to respect Balmont Conseil's intellectual property rights, as well as any restrictions on the use of content and information available on its website or in its documents.
Updated on: 04/05/2023
Preamble
BALMONT CONSEIL is a web platform, available at: https://balmontconseil.fr (the "Site"). This Site is published by BALMONT CONSEIL, a simplified joint-stock company (SAS) with a capital of €3,030,500.00, having its registered office at 14 BOULEVARD DE BALMONT, 69009 LYON, France, and registered with the Lyon Trade and Companies Register under identification number 790 249 452 (hereinafter "the Publisher"). BALMONT CONSEIL is accessible to users (the "Users").
BALMONT CONSEIL is hosted by o2switch, whose registered office is located at Chemin des Pardiaux, 63000 Clermont-Ferrand, France. This hosting provider can be contacted at the following email address: commercial@o2switch.fr. The purpose of these General Terms and Conditions of Use (the "Terms" or, collectively, the "Agreement") is to define the terms and conditions governing the relationship between Users and BALMONT CONSEIL. In the event of non-compliance with these Terms, BALMONT CONSEIL reserves the right to take any action necessary to protect its interests and, in particular, to ensure their enforcement.
Access to and use of the site are subject to acceptance of and compliance with these General Terms and Conditions of Use.
The Publisher reserves the right to modify the Site and its services, as well as these Terms of Use, at any time and without prior notice, particularly to adapt to changes to the Site through the addition of new features or the removal or modification of existing ones. Users are therefore advised to consult the latest version of the Terms of Use, accessible at any time on the Site, before browsing. These Terms of Use apply, as needed, to any version or extension of the Site on existing or future social and/or community networks.
GENERAL TERMS OF USE
Article 1: Purpose of the site
The Site allows the User to access in particular the following services: papapapi (the «Service(s)»). .
BALMONT CONSEIL, in accordance with these Terms and Conditions, grants Users a limited, revocable, non-exclusive, and non-transferable right of access to the Services for strictly personal use. Any use of the platform contrary to its intended purpose is strictly prohibited and constitutes a breach of these provisions.
Article 2: Access to the site
To be eligible for the Service, the User may be a natural or legal person. BALMONT CONSEIL reserves the right to suspend or refuse access to the Site for one or more Users.
Article 3: Site Management
The Publisher implements the necessary technical solutions to ensure continuous access to the Site for the User. However, it reserves the right to limit or suspend access to all or part of the Site at any time and without prior notice. Such an interruption may be necessary, in particular, for site or content maintenance, or for any other reason deemed necessary for the proper functioning of the Site by the Publisher.
Use of the Platform requires an internet connection and a web browser. The platform can be accessed at the following address: https://balmontconseil.fr.
All hardware and software necessary to access the Platform and use the Services remain the sole responsibility of the User.
Article 4: Contact
The user has the option to contact the Publisher for any questions or requests for information concerning the Site, or to report any illegal content or activities by email to the address: contact@balmontconseil.com.
Article 5: Use of platform services
1.1 User Obligations
Users are prohibited from:
1. to transmit, publish, distribute, record or destroy any material, in particular the content of BALMONT CONSEIL, in violation of applicable laws or regulations concerning the collection, processing or transfer of personal information; ;
2. to disseminate data, information, or content that is defamatory, abusive, obscene, offensive, violent or inciting violence, or of a political, racist or xenophobic nature and generally any content that would be contrary to the laws and regulations in force or to good morals; ;
3. to reference or create links to any content or information available from BALMONT CONSEIL websites, except with the express, prior and written agreement of BALMONT CONSEIL; ;
4. to use information, content or any data present on the Site in order to offer a service considered competitive to BALMONT CONSEIL; ;
5. to sell, exchange or monetize information, content or data present on the platform or Services offered by the Platform, without the express written consent of BALMONT CONSEIL; ;
6. to reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code in relation to any underlying intellectual property used to provide all or part of the Services; ;
7. to use manual or automated software or devices, coding robots or other means to access, explore, extract or index any page of the Site; ;
8. To endanger or attempt to endanger the digital security of BALMONT CONSEIL. This includes attempts to monitor, scan, or test the vulnerability of the system or network, or to breach security or authentication measures without express prior authorization; ;
9. to counterfeit or use the products, logos, trademarks or any other element protected by the intellectual property rights of BALMONT CONSEIL; ;
10. to simulate the appearance or operation of the Site, for example by using a mirror effect; ;
11. to disrupt or interfere, directly or indirectly, with BALMONT CONSEIL, or to impose a disproportionate load on the Site's infrastructure, or to attempt to transmit or activate computer viruses through or on the Site; ;
Please note that breaches of system or network security may lead to civil and criminal prosecution. BALMONT CONSEIL verifies the absence of such breaches and may contact the judicial authorities to prosecute, if necessary, any Users who have participated in such breaches.
Users agree to use the Site fairly, in accordance with its purpose and with legal and regulatory provisions, these Terms and Conditions and current practices.
1.2 User customer accounts
The Publisher reserves certain BALMONT CONSEIL services for Users who have registered on the site, this includes paid services.
Upon registration, the User agrees to provide valid and truthful information. In particular, the User agrees to provide the Publisher with an email address so that the Publisher can communicate information to them. Any information sent by email from the Publisher to the User will be deemed to have been read by the User.
Any user duly registered on the Site may request the deletion of their customer account. The Publisher undertakes to delete customer accounts for which it has received such a request. Customer personal data is deleted after 36 months of inactivity.
Article 6: Intellectual Property
All content on the Site, including designs, texts, graphics, images, videos, information, logos, button icons, software, audio files and other content, belongs to BALMONT CONSEIL, which is the sole owner of all related intellectual property rights.
Any representation and/or reproduction and/or exploitation, in whole or in part, of the content and services offered by BALMONT CONSEIL, by any means whatsoever, without the prior written authorization of BALMONT CONSEIL, is strictly prohibited and may give rise to legal proceedings.
Article 7: Personal Data
All personal data held by BALMONT CONSEIL is collected lawfully and fairly in accordance with the terms of the privacy policy accessible at this address: https://balmontconseil.fr.
This data is provided by Users who voluntarily and expressly accept these Terms and Conditions, authorizing BALMONT CONSEIL to process, disclose, or transfer this data to any third party in order to (i) allow the User to fully benefit from the Services and features offered by the Site, (ii) prevent fraud, and/or (iii) for statistical purposes. Personal data is stored by BALMONT CONSEIL for processing in connection with the use of the Services. It is retained only as long as necessary to provide the Services and features offered by the Site.
The User retains ownership of the information they provide to BALMONT CONSEIL. In accordance with French law no. 78-17 of 6 January 1978, as amended on 24 March 2020, they have the right to access, rectify, and delete their personal data, as well as the right to object to the disclosure of this data to third parties for legitimate reasons.
The User may exercise their rights by writing to the following email address: contact@balmontconseil.com. A response to the User's request will be sent within 30 days.
Article 8: Responsibility
Users are reminded that data published and information shared by them may be captured and used by other Users or third parties. Therefore, BALMONT CONSEIL does not guarantee the protection of this data; it is the User's responsibility to take all necessary measures to safeguard their data. BALMONT CONSEIL does not guarantee uninterrupted or error-free operation of the Services; in particular, BALMONT CONSEIL cannot be held liable for any interruption of access to the Platform due to maintenance, updates, or technical improvements.
In any event, BALMONT CONSEIL shall under no circumstances be liable for any indirect or unforeseeable losses or damages suffered by the User or any third party, including, but not limited to, any lost profits, unsuccessful investments, inaccuracies or corruption of files or data, damage to reputation or business, loss of revenue or profit, loss of customers, or loss of opportunity, regardless of the cause or basis of action. Furthermore, BALMONT CONSEIL shall not be liable for any delay or failure to perform its obligations under this Agreement due to force majeure, as defined by French case law.
Article 9: Convention on Evidence
Computer systems and files are authoritative in the relationship between BALMONT CONSEIL and the User.
Thus, BALMONT CONSEIL may validly produce, in the context of any procedure, for the purposes of proof, the data, files, programs, records or other elements, received, issued or stored by means of the computer systems operated, on all digital or analog media, and rely on them unless there is a manifest error.
Article 10: Indivisibility
The fact that any provision of the Contract is or becomes illegal or unenforceable will not in any way affect the validity or enforceability of the other provisions of the Contract.
Article 11: Settlement of Disputes
The conclusion, interpretation and validity of this Contract are governed by French law, regardless of the User's country of origin or the country from which the User accesses BALMONT CONSEIL and notwithstanding the principles of conflict of laws.
In the event of a dispute concerning the validity, performance, or interpretation of this Agreement, and should it be brought before the civil courts, it shall be subject to the exclusive jurisdiction of the French courts, to which jurisdiction is expressly conferred, even in summary proceedings or in the case of multiple defendants. The User is informed that, in any event, they may resort to conventional mediation or any other alternative dispute resolution method (such as conciliation) in the event of a dispute.
Article 12: Duration of the general terms and conditions of use
These terms and conditions of use are concluded for an indefinite period, and the User is bound by them from the moment they begin using the Services. The Publisher reserves the right to modify this document at any time and without prior notice. Users will be informed of each update to the document.
