General Terms of Use

1. PREAMBLE

These General Terms of Use, hereinafter referred to as the “GTU”, define the rules and conditions for using the website https://avaliance.com/ hereinafter referred to as the “Site”, and are entered into between the User and AVALIANCE, a limited liability company with share capital of 100,000.00 euros, registered with the Nanterre Trade and Companies Register under number 523 700 805, whose registered office is located at 17 Place Beffroy, 92200 NEUILLY-SUR-SEINE (FRANCE), represented by Messrs. Mohamed SERGHINI and Mohamed BOUZIDI, in their capacity as Co-Managers, hereinafter individually referred to as a “Party” and collectively as the “Parties”.

The Site is published by AVALIANCE for the benefit of its Users, to allow them to access its Services.

Any use of the Site automatically implies full and unconditional acceptance of these GTU.

For any question regarding the management of the Site, the User may contact AVALIANCE via:

The contact form.
Email at the following address: dpo.global@avaliance.com.

2. DEFINITIONS

“Site”: AVALIANCE’s website accessible at https://avaliance.com/.

“GDPR”: Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (“General Data Protection Regulation”). Furthermore, when used in these GTU and their appendices, the terms “personal data” and “data controller” have the meaning given to them in the GDPR.

“Services”: All services, provisions and features offered by AVALIANCE to the User through the Site. They include visual elements, texts, images, slogans and any other content developed for the User’s needs.

“User”: A natural person using the Site and AVALIANCE’s Services.

3. SCOPE OF APPLICATION

These GTU are effective from the date of the latest update as indicated at the top of the page.

They apply to any use of the Site by the User.

These terms are governed by French law: any foreign User expressly accepts the application of French law by using the Service.

4. CONDITIONS OF ACCESS TO THE SITE AND SERVICES

4.1. Access to the Site

The User accesses the Service through the Site https://avaliance.com/ managed by AVALIANCE.

4.2. Access to the Service

Access to the Site allows the User to browse the different sections of the Site, depending on the Services, including but not limited to: AVALIANCE’s history, CSR policy, references, Consulting, Technologies, Digital, Academy, etc.

The Service is open to everyone, but its use is subject to the following conditions:

Be of legal age;
Acknowledge having read and understood all of these GTU, and accept them without restriction or reservation;
Consent to the collection and processing of personal data in order to ensure the proper functioning of the Service, in strict compliance with our Privacy Policy and the personal data protection rules in force.

5. USER DECLARATIONS, OBLIGATIONS AND RESPONSIBILITIES

5.1. User Capacity

The User declares that they have the legal capacity to agree to these GTU.

The User acknowledges that they have the skills and means necessary to access and use the Site.

5.2. Need for an Internet Connection

The User acknowledges that the Site requires an Internet connection to function as a whole.

In this respect, the User declares that they are familiar with the Internet, its characteristics and limitations, and acknowledges in particular that data transmissions over the Internet only benefit from relative technical reliability, as they travel through heterogeneous networks with various technical characteristics and capacities, which may sometimes be saturated at certain times of the day.

5.3. Fair Use of the Site

It is the User’s responsibility to take all appropriate measures to protect their equipment, stored data and installed software from contamination by possible computer viruses and other invasive and harmful elements that may affect the proper functioning of their equipment and the Site.

In this respect, the User undertakes not to use the Site in a way that could make it inaccessible, damage it or prevent it from functioning. Likewise, the User undertakes not to exploit vulnerabilities, computer bugs or any other form of error to gain advantages in the use of the Site.

In the event of use of the Site by the User that AVALIANCE, at its sole discretion, considers excessive in relation to the standard intended use, AVALIANCE reserves the right to suspend or limit access to the Site.

5.4. Data Backup

It is the User’s responsibility to ensure, by their own means, the preservation and regular backup of data transmitted by the Site.

5.5. Notification of Vulnerabilities to AVALIANCE

The User is prohibited from exploiting any vulnerability or computer bug whatsoever to gain advantages in the use of the Site.

The User undertakes to notify AVALIANCE without delay as soon as they become aware of any security vulnerability, file compromise, failure, error, malfunction or breach of the Site, using the email address: dpo.global@avaliance.com.

6. AVALIANCE’S DECLARATIONS, OBLIGATIONS AND RESPONSIBILITIES

6.1. Operation of the Site

Given the technical uncertainties related to the decentralized functioning of the Internet network, AVALIANCE provides no guarantee of service continuity or absence of errors on the Site.

AVALIANCE is therefore not responsible if any malfunction of the Internet network, beyond its control, prevents access to the Site in particular, including failure, breakdown, difficulty, interruption of operation, etc.

The same applies when the proper functioning of the Site is prevented due to the presence of a virus, malware or any other malicious program installed on the equipment used by the User to access the Site.

The User declares that they have been informed of the scope and limitations of the Internet network.

6.2. Suspension for Maintenance or Updates

AVALIANCE reserves the exclusive right to suspend access to the Site at any time, in whole or in part, without prior notice, in particular to carry out any correction, maintenance, update or functional development operation relating to the Services and Products to which the User has access.

The User acknowledges that interventions related to these operations may make the Services and Products unavailable.

6.3. Changes to the Site

AVALIANCE reserves the right to modify the organization and content of the Services and Products offered on the Site without this being held against it by the User.

AVALIANCE may also, in order to take into account technical or regulatory requirements or developments, modify at any time the conditions for providing one of the Services or Products, without this being held against it by the User.

In such circumstances, AVALIANCE will inform the User beforehand, except in exceptional circumstances requiring an immediate modification of the conditions for providing the Services and Products in question.

6.4. Liability

AVALIANCE shall not be liable for damage caused to the User, a third party and/or their equipment through the use of the Site, whether material or immaterial, consequential or non-consequential, including in particular any damage related to the loss or disclosure of access codes to the User’s account, as well as any harm resulting therefrom during maintenance or updates of the Site by AVALIANCE.

AVALIANCE may not be held liable in the event of a breach of legislation or third-party rights in connection with the use and operation of the Site in violation of these GTU.

In this respect, it is the User’s responsibility to take all appropriate measures to protect their own data and software from contamination by possible computer viruses and to ensure fair use of the Site.

The User is solely responsible for their use of the Site.

The User may not hold AVALIANCE liable for any claim and/or proceedings against them. The User assumes responsibility for any claim or proceedings brought against AVALIANCE by a third party resulting from any breach by the User of their obligations under these GTU.

AVALIANCE declines all liability in the event of fraudulent use by a third party of the information provided on the Site.

AVALIANCE declines all liability if it appears that the Site is incompatible with certain equipment and/or certain functions of the User’s equipment.

More generally, AVALIANCE declines all liability in the event of breach of any obligation resulting from a case of force majeure, as defined by Article 1218 of the French Civil Code and case law.

The content and information published on the Site by AVALIANCE are made available for the User’s information only. AVALIANCE reserves the right to modify or delete this information at any time and cannot guarantee that such information is accurate, adequate, complete or up to date.

7. ASSISTANCE AND CONTACT

In the event of any question relating to the content published on the Site or more generally to the operation of the Site, the User may contact AVALIANCE by clicking on the Conta ct form tab on the Site.

AVALIANCE will use reasonable diligence to respond to requests submitted by users via the Contact form tab within a reasonable time, but cannot provide any guarantee that such a request will receive a response within a timeframe corresponding to the User’s expectations or that the response will fully satisfy the User.

8. INTELLECTUAL PROPERTY AND RIGHTS OF USE

8.1. AVALIANCE’s Intellectual Property Rights

AVALIANCE holds all intellectual property rights and other rights, including but not limited to copyrights, related rights, trademarks, designs and models, patents and database rights relating to the Site, as well as more generally the rights of use, exploitation and commercialization attached thereto, together with the software and hardware IT infrastructure implemented or developed within AVALIANCE, worldwide, which may not be reproduced, used or represented without the express authorization of AVALIANCE, under penalty of legal proceedings.

The User shall not acquire any right, title or interest in these intellectual property rights as a result of any use they may make of them under the GTU.

The User acknowledges the existence of the rights and ownership of AVALIANCE and of any third party that has granted it a right of use, and shall not take any action likely to infringe, limit or restrict them in any way whatsoever.

Likewise, the User undertakes not to challenge AVALIANCE’s status as author and owner with regard to the Site or any of its elements.

In this respect, the User is expressly prohibited from downloading, reproducing, copying, translating, transcribing, modifying, adapting, merging, completing or altering, in any way whatsoever, all or part of the Site or its elements, whether its software part, database or otherwise.

Where software is necessary for the provision and/or use of the Site, AVALIANCE grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the software in question, limited to the duration of the order for the relevant Service, for the sole and exclusive purpose of allowing the User to use the Services, to the exclusion of any other purpose.

8.2. Rights of Use Granted by AVALIANCE

AVALIANCE grants the User a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable license that may not be sublicensed, in order to access and use the Services. This license is solely intended to allow the User to use and benefit from the Services designed by AVALIANCE and authorized by these GTU.

Consequently, the User agrees in particular to refrain from, without this list being exhaustive:

Using the Site or any content of the Site for commercial purposes without AVALIANCE’s written consent;
Providing inaccurate information in the form or failing to update it regularly;
Using information, content or any data available on the Site in order to offer a service considered, at AVALIANCE’s sole discretion, to be competitive with AVALIANCE;
Practicing reverse engineering, decompiling, disassembling, decrypting or otherwise attempting to obtain the source code in relation to any underlying intellectual property used to provide all or part of the Site’s services;
Endangering or attempting to endanger the security of the Site, including attempts to control, scan or test the vulnerability of a system or network, or to violate security or authentication measures without prior express authorization;
Simulating the appearance or functioning of the Site, for example by mirroring it;
Copying, modifying, transmitting, creating derivative works from, using or reproducing in any way any materials subject to copyright, images, trademarks, trade names, service marks or any other intellectual property elements, content or proprietary information accessible through the Services without AVALIANCE’s prior written consent;
Using any robot, digital agent, spider, collector, scraper, site search/extraction application, proxy gateway or other manual or automatic device, method or process intended to access, extract, index, data mine, reproduce or bypass in any way the navigation structure or presentation of the Site, its Services or its content.
Transmitting, publishing, distributing, recording or destroying any material, in particular Site content, in violation of applicable laws or regulations concerning the collection, processing or transfer of personal information;
Using the Site in any way that could interfere with, interrupt or harm the Services, the servers or the networks connected to the Site;
Falsifying any header or otherwise manipulating identifiers in order to conceal the origin of any information transmitted on or through the Site;
Copying or reproducing any part of the Site or Services without AVALIANCE’s prior written authorization;
Using meta tags, code or other devices containing any reference to AVALIANCE or the Services, or any trademark, trade name, service mark, logo or slogan of AVALIANCE, to direct any person to another website for any purpose whatsoever;
Modifying, adapting, sublicensing, translating, selling, reverse engineering, decrypting, decompiling or otherwise disassembling any portion of the Site or Services, or causing others to do so;
Using or developing any applications that interact with the Site or Services or other users’ information without AVALIANCE’s written consent;
Using, accessing or publishing the Site’s programming interface without AVALIANCE’s written consent;
Probing, scanning or testing the vulnerability of the Site or Services or any AVALIANCE system or network;
Disrupting or disturbing, directly or indirectly, AVALIANCE or the Site Services, or imposing a disproportionate load on the Site infrastructure or attempting to transmit or activate computer viruses through or on the Site;
Encouraging or promoting any activity that violates these GTU.

AVALIANCE may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site, including termination of the User’s account.

The User is reminded that breaches of system or network security may lead to civil and criminal proceedings. AVALIANCE verifies the absence of such breaches and may call upon judicial authorities to prosecute, where applicable, the User who participated in such breaches.

The Site provided by AVALIANCE may automatically download and install improvements, updates or other new features. The User may adjust these automatic downloads in the settings of their device.

9. HYPERLINKS

Any User who wishes to publish a hyperlink, particularly through framing or deep linking techniques, directly redirecting to the Site, must request express, written and prior authorization from AVALIANCE by sending an email to: dpo.global@avaliance.com. Any silence from AVALIANCE shall be interpreted as a refusal. Otherwise, the link must be removed upon simple request from AVALIANCE.

The Site may contain hyperlinks redirecting to sites operated by third parties. These links are provided for information purposes only. AVALIANCE exercises no control over these sites and declines all liability regarding access to, content of or use of these sites, as well as any damage that may result from consulting the information available on these sites. The decision to activate these links is the full and sole responsibility of the User.

10. PERSONAL DATA

The User’s personal data is subject to computerized processing by AVALIANCE for the purpose of using the Services offered through the Site.

This data is processed in accordance with European Regulation No. 2016/679 of April 27, 2016, known as the “General Data Protection Regulation” or “GDPR”, and amended French Law No. 78-17 of January 6, 1978, known as the “French Data Protection Act”.

For more complete information on the personal data processing carried out by AVALIANCE in connection with the provision of the Site, the User is invited to consult the Site’s Privacy Policy.

11. GENERAL PROVISIONS

11.1. Entire Agreement

These GTU constitute the entire agreement between the Parties and replace and supersede any prior written or oral agreement between the Parties relating to their subject matter.

11.2. Invalidity

In the event that one of the clauses of these GTU is declared illegal, unenforceable and/or void as a result of a change in legislation or a final court decision, such invalidity or unenforceability shall be strictly limited to the said clause and shall not affect the validity of the other provisions in any way.

11.3. No Waiver

AVALIANCE’s failure to enforce any of the provisions of these GTU shall not constitute a waiver of its right to rely on them at any time and shall not affect the validity of all or part of these general terms of sale.

11.4. Amendments

AVALIANCE may modify these GTU at any time, in particular to comply with a legal provision. The version of the GTU in force will be available on the Site in the relevant section.

12. APPLICABLE LAW AND DISPUTE RESOLUTION

These GTU, as well as all contractual relationships that may arise from them, are governed by French law.

In accordance with Article L. 612-1 et seq. of the French Consumer Code, failing an amicable agreement, the Client has the possibility to refer the matter free of charge to the consumer mediator to which AVALIANCE belongs, to be specified by the company, within one (1) year from the written complaint sent to AVALIANCE. The referral procedures and the mediator’s contact details must be completed by AVALIANCE. Failing amicable resolution, any dispute relating to the interpretation, validity and performance of these GTU shall be brought before the competent courts.