General terms and conditions of use

  1.  Last updated: September [●] , 2020

     

    1. PURPOSE

    Change Méditerranée, “BNC CHANGE” publishes a website available at the address http://www.bncchange.fr (hereinafter referred to as the “Website”), the purpose of which is to provide information concerning the business activities as well as the products and services developed by BNC CHANGE.

    Access, consultation, browsing and/or use of the Website implies full acceptance of this document (hereinafter referred to as the “General Terms and Conditions”), which defines the terms of use of the Website by any person accessing, consulting, browsing or using all or part of the Website (hereinafter referred to as “User” or “You“).

    Therefore, before any use of the Website, BNC CHANGE invites You to read the General Terms and Conditions. If You refuse all or part of any of the provisions of the General Terms and Conditions, please do not use the Website.

    If you have any questions or concerns, regarding the General Terms and Conditions contact information is as follows: contact@bncchange.fr.

     

    1. INTELLECTUAL PROPERTY RIGHTS

    The Website and all its elements, in particular but not limited to the trademarks, logos, photographs, programs, data, databases, images animated or not, sounds, drawings, graphics, videos or texts, other than links towards third websites, are the property of BNC CHANGE or are subject a license granted to its profit by any owner of intellectual property rights.  The Website and all its elements are protected by the French and international regulations applicable to intellectual property.

    Access, consultation, browsing and/or use of the Website does not imply any license or assignment of rights with respect to the Website’s elements. Any copy, reproduction, representation, adaptation, modification or distribution in whole or in part of the Website as well as all or part of its content, by any process whatsoever and on any medium whatsoever, is prohibited and unlawful, unless prior express written authorization has been given by BNC.

    BNC grants to each User a personal, non-exclusive and royalty-free license to use the Website, for its own use and in the sole purpose of the operations authorized herein. All other rights are reserved.

    Failure to comply with these provisions is punishable by criminal penalties, without prejudice to BNC’s other rights, including the right to obtain compensation for the damage suffered.

    1. WEBSITE ACCESS

    Access to the Website is technically possible 24 hours a day and 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.

    You agree to have the necessary skills and means to access and use the Website. In order to access the Website, You must have a computer or any other device with an Internet connection, which parameters enable adequate access to the Website. You declare that You are aware of the related risks and accept them. You acknowledge in particular that the information that passing through or stored may be intercepted or altered through no fault of BNC.

    Nevertheless, it is strongly recommended that You take all necessary precautions to protect your system against the effects of hacking, in particular by adopting a secure and adapted computer configuration, through the implementation of regularly updated virus detection software.

    You finally undertake not to use the services offered by BNC for commercial, marketing, solicitation and advertising purposes. If BNC becomes aware in any way whatsoever of fraudulent use of the Website, BNC reserves the right to terminate the contractual relationship, without prior warning or compensation, as well as to deny future access to all or part of its services to the person who has misappropriated or fraudulently used its services.

    1. DISCLAIMER OF LIABILITY

    The Website is made available to Users “as is”. As such, BNC does not guarantee in any way the accuracy, quality, lawfulness or suitability for a particular use of the Website, as well as the absence of errors, faults or defects.

    The User is solely responsible 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.

    Thus, BNC cannot be held responsible for:

    • any dysfunction or bad condition of your IT equipment during or after your browsing on the Website, as well as in case of impossibility of access, poor User conditions on the Website imputable to these devices, the provider of Internet access, Internet network congestion, or any other reason external to BNC;
    • electronic or phone communications expenses induced by the use of User’s equipment shall be exclusively borne by the User and will not be borne by BNC;
    • 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 BNC;
    • any consequences that may arise from the contents of the websites referred by external links that may be displayed on the Website;
    • any breach of the obligations provided by these General Terms and Conditions which would arise or would originate from a fortuitous event or a case of force majeure (act of god) as defined by article 1218 of the French Civil Code.

    Finally, You acknowledge that BNC is not responsible for the content of the comments posted on its Website, which are of the responsibility of their authors. However, BNC CHANGE may be held liable if it is proven that BNC CHANGE has been informed of clearly illegal content and has not acted promptly to remove it.

    1. MODIFICATION

    BNC CHANGE reserves the right to amend this General Terms and Conditions, in particular in case of an evolution of its service.

    For this reason, BNC CHANGE invites the User to regularly consult the Website and read these General Terms and Conditions.

    1. CONTRACT ASSIGNMENT

    Subject to the applicable law, You agree that the General Terms and Conditions You binding You to BNC CHANGE may be assigned, transferred or provided, in any way, to a third party.

    1. LANGUAGE

    If these General Terms and Conditions are translated into any other language, and if there is any inconsistency between the English-language version available on the Website and its translation into any foreign language, the French-language version shall prevail.

    1. GOVERNING LAW / JURISDICTION

    The General Terms and Conditions are governed by, interpreted and enforced in accordance with French law.

    Any legal disputes arising from the interpretation, modification or enforcement of the General Terms and Conditions will, in the absence of an amicable settlement, be under the exclusive jurisdiction of French courts.