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TERMS AND CONDITIONS OF USE

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1. PREAMBLE

These General Terms and Conditions of Use (hereinafter the "GTCU") define the rules and conditions for use of the website https://avaliance.com/ (hereinafter 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 together as the "Parties").

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

Any use of the Site implies unreserved acceptance of the entirety of these GCU.

For any question concerning the management of the Site, the User may contact AVALIANCE by :

2. DEFINITIONS

"Site": AVALIANCE website accessible at https://avaliance.com/.

"RGPD": 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 TOU and its appendices, the terms "personal data" and "controller" have the meaning given to them in the GDPR.

"Services": All services and functionalities offered by AVALIANCE to the User as part of the Site. They include visual elements, texts, images, slogans and any other content developed for the User's needs.

"User": An individual who uses the AVALIANCE Site and Services.

3. SCOPE OF APPLICATION

These GCU are in force from the date of last update as indicated at the top of the page.

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

These conditions 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 via the https://avaliance.com/ website managed by AVALIANCE.

4.2. Service access

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

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

  • Be of legal age ;
  • Acknowledge having read and understood the entirety 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, and in strict compliance with our Data Privacy Policy and applicable data protection regulations.

5. DECLARATIONS, OBLIGATIONS AND RESPONSIBILITIES OF THE USER

5.1. Capacity of the User

The User declares that he/she has the legal capacity to agree to these GCU.

The User acknowledges that he/she has the necessary skills and means to access and use the Site.

5.2. The 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 he/she is familiar with the Internet, its characteristics and limitations, and acknowledges in particular that data transmissions on the Internet are only relatively technically reliable, as they circulate on heterogeneous networks with diverse characteristics and technical capacities, which are sometimes 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 his or her equipment, stored data and installed software from contamination by computer viruses and other invasive elements harmful to the proper functioning of his or her equipment and the Site.

In this respect, the User undertakes not to use the Site in such a way as to render it inaccessible, damage it or prevent it from functioning. Similarly, the User undertakes not to use loopholes, computer bugs or any other form of error to obtain advantages in using the Site.

In the event of any use of the Site by the User that AVALIANCE, in its sole discretion, deems excessive in relation to the standard intended use thereof, 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 his or her own means, that data transmitted via the Site is regularly stored and backed up.

5.5. Notifying AVALIANCE of faults

The User undertakes not to use any loophole or computer bug whatsoever to obtain any advantage in the use of the Site.

The User undertakes to notify AVALIANCE without delay as soon as he becomes aware of any security breach, file compromise, breakdown, error, malfunction or violation of the Site, using the following e-mail address: dpo.global@avaliance.com.

6. REPRESENTATIONS, OBLIGATIONS AND LIABILITIES OF AVALIANCE

6.1. Site operation

Given the technical hazards associated with the decentralized operation of the Internet network, AVALIANCE provides no guarantee of continuity of service or absence of errors on the Site.

AVALIANCE shall not be liable if any malfunction of the Internet network, beyond its control, prevents access to the Site (failure, breakdown, difficulty, interruption of operation, etc.).

The same applies if the correct operation of the Site is prevented by 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 he has been informed of the extent and limitations of the Internet network.

6.2. Suspension for maintenance or update

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, or functional updates and developments of the Services and Products to which the User has access.

The User acknowledges that such operations may render the Services and Products unavailable.

6.3. Modifications to the Site

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

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

In such circumstances, AVALIANCE will inform the User in advance, unless exceptional circumstances require an immediate change in the conditions of supply of the Services and Products in question.

6.4. Liability

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

AVALIANCE shall not be held liable in the event of any infringement of the law or the rights of third parties in connection with the use and operation of the Site in contravention of these GTC.

In this respect, it is the User's responsibility to take all appropriate measures to protect his/her own data and software from contamination by any computer viruses, and to ensure fair use of the Site.

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

The User shall not hold AVALIANCE liable for any claims and/or proceedings brought against it. The User assumes responsibility for any claim or proceeding brought against AVALIANCE by a third party resulting from any breach by the User of its obligations under these TOU.

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

AVALIANCE declines all responsibility 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 responsibility in the event of a 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 such 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 Contact Form tab tab on the Site.

AVALIANCE will use reasonable care to respond to requests submitted by Users via the Contact Form tab within a reasonable period of time, but cannot give any guarantee that such a request will be answered within a period of time corresponding to the User's expectations or that the answer will give full satisfaction to the User.

8. INTELLECTUAL PROPERTY AND RIGHTS OF USE

8.1. AVALIANCE's intellectual property rights

AVALIANCE is the owner of all intellectual property rights and other rights, including but not limited to copyrights, neighboring rights, trademarks, designs, patents and database rights relating to the Site, and more generally all rights of use, AVALIANCE reserves all 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 marketing attached thereto, to which is added the software and hardware infrastructure implemented or developed within AVALIANCE, for the whole world, 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 by virtue of the use he may make of them under the GCU.

The User acknowledges the existence of the rights and property of AVALIANCE and of any third party having granted him a right of use, and will not take any action likely to prejudice, limit or restrict them in any way whatsoever.

Similarly, the User undertakes not to contest AVALIANCE's status as author and owner of the Site or any of its elements.

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

Where software is required 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 Service in question, for the sole and exclusive purpose of enabling the User to use the Services, to the exclusion of any other purpose.

8.2. Usage rights granted by AVALIANCE

AVALIANCE grants the User a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable and non-sublicensable license to access and use the Services. The sole purpose of this license is to enable the User to use and enjoy the benefits of the Services designed by AVALIANCE and authorized by these GTU.

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

  • Use the Site or any content on the Site for any commercial purpose without the express written consent of AVALIANCE ;
  • Providing inaccurate information in the form or failing to update it regularly;
  • To use any information, content or data contained on the Site in order to offer a service considered, at AVALIANCE's sole discretion, to be competitive to AVALIANCE;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code relating to any underlying intellectual property used to provide all or part of the Site's services;
  • Endanger or attempt to endanger the security of the Site, including but not limited to attempts to monitor, scan or test the vulnerability of a system or network or to breach security or authentication measures without express prior authorization;
  • To simulate the appearance or operation of the Site, for example by using a mirror effect;
  • Copy, modify, transmit, create derivative works from, use or reproduce in any way any copyrighted materials, images, trademarks, trade names, service marks or other intellectual property, content or proprietary information accessible through the Services without the prior written consent of AVALIANCE ;
  • Use any robot, digital agent, spider, collector, scraper, site search/retrieval application, proxy gateway or other manual or automatic device, method or process to access, retrieve, index, mine or otherwise reproduce or evade the navigational structure or presentation of the Site, its Services or content.
  • To transmit, publish, distribute, record or destroy any material, in particular the contents of the Site, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information;
  • Use the Site in any way that may interfere with, interrupt or damage the Services, servers or networks connected to the Site;
  • Forge any header or otherwise manipulate identifiers in order to disguise the origin of any information transmitted on or through the Site;
  • Copy or reproduce any part of the Site or Services without the prior written permission of AVALIANCE ;
  • Use 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 any other web site for any purpose;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decrypt, decompile or otherwise disassemble any portion of the Site or Services, or have others do so;
  • Use or develop any applications that interact with the Site or Services or the information of other users without the written consent of AVALIANCE ;
  • Use, access or publish the Site's programming interface without AVALIANCE's written consent;
  • Probe, scan or test the vulnerability of the Site or Services or any AVALIANCE system or network;
  • Disrupt or interfere, directly or indirectly, with AVALIANCE or the Site Services, or impose a disproportionate load on the Site infrastructure or attempt to transmit or activate computer viruses via or on the Site;
  • Encourage or promote any activity that violates these TOU.

AVALIANCE may investigate and pursue any available legal remedy for illegal and/or unauthorized use of the Site, including termination of the User's account.

The User is reminded that violations of system or network security may lead to civil or criminal prosecution. AVALIANCE verifies the absence of such violations and may call upon the legal authorities to prosecute, if necessary, the User who has participated in such violations.

The Site provided by AVALIANCE may automatically download and install enhancements, updates or other new features. The User can adjust these automatic downloads in the settings of his/her device.

9. HYPERTEXT LINKS

Any User wishing to set up a hypertext link, in particular using framing or deep linking techniques, directly to the Site, must request express, written and prior authorization from AVALIANCE by sending an e-mail to the following address: dpo.global@avaliance.com. Any silence on the part of AVALIANCE shall be construed as a refusal. If this is not the case, the link must be removed at the request of AVALIANCE.

The Site may contain hypertext links to sites operated by third parties. These links are provided for information purposes only. AVALIANCE has no control over these sites and accepts no responsibility for their access, content or use, nor for any damage that may result from consulting the information on these sites. The decision to activate these links is the sole responsibility of the User.

10. PERSONAL DATA

The User's personal data is processed by AVALIANCE for the purpose of using the Services offered via 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 French law no. 78-17 of January 6, 1978 (known as the "Loi Informatique et LibertÃĐs") as amended.

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

11. GENERAL PROVISIONS

11.1. Full agreement

These TOU constitute the entire agreement between the Parties and supersede any prior written or oral agreement between the Parties with respect to its subject matter.

11.2. Nullity

In the event that one of the clauses of these GCU is declared illegal or unenforceable, and/or null and void by a change in legislation, or by a court decision that has become final, the nullity or unenforceability will be strictly limited to the said clause, and will in no way affect the validity of the other stipulations.

11.3. Non-waiver

The non-application by AVALIANCE of any of the stipulations of the present GCS does not imply a waiver on its part to take advantage of it at any time and does not affect the validity of all or part of these general conditions of sale.

11.4. Amendments

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

12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

The present GTU, as well as all contractual relations that may result from it, are subject to French law.

In accordance with article L. 612 1 et seq. of the French Consumer Code, in the event of failure to reach an amicable agreement, the customer may refer the matter free of charge to AVALIANCE's consumer mediator (to be specified by the company), within one (1) year of the written complaint sent to AVALIANCE. AVALIANCE will provide the details of how to contact the mediator. Failing amicable resolution, any dispute concerning the interpretation, validity and execution of these GCU shall be brought before the competent courts.