General terms and conditions

General terms and conditions of use of the website https://www.enda.fr

Effective as of June 14, 2018

General Information

This site is edited by ENDA, which is responsible for the publication. ENDA strives to provide accurate and up-to-date information. However, some of it may be incomplete and cannot be guaranteed. Users are advised to contact us to check whether additional information is available or necessary. ENDA cannot be held responsible for the availability or content of linked sites other than its own. The contents of the pages of this website are provided for information purposes only and are subject to change at any time without notice. The publication http://www.enda.fr declines all responsibility for any damage, direct and/or indirect, whatever the causes, origins, natures or consequences, caused by the access of anyone to the site or the impossibility of accessing it, as well as the use of the site and/or the credit given to any information coming directly or indirectly from the site, for any use that may be made of this various information.

Fields of application

The website accessible at the internet address http://www.eti-europe.eu constitutes the ENDA website (hereinafter the “site”) for which ENDA is responsible for processing. The CGU and the Privacy Policy apply to the whole site, any platform and any application accessible from the ENDA Portal and for which ENDA is the publisher/processor. The Site is governed by these Terms and Conditions of Use – hereinafter the “CGU”. The provisions of these TOU govern the relationship between ENDA and any user who browses the Site, uses the various services, including applications, hereinafter the “Services” and/or interacts with ENDA in the context of the use of the Site – hereinafter the “User(s)”. The GCU are directly available on the Site at any time. ENDA reserves the right to modify them at any time. The modified GCU will take effect on the date on which they are posted on the Site and are deemed to be accepted without reservation by any User who browses the Site after they are posted on the Site. The applicable GCU are those in force on the day of navigation on the site.

Minors
Minors may use the site and services under the responsibility and with the authorization of their legal guardian.

Intellectual property rights

The user acknowledges that the site and its contents – hereinafter the “contents” including, but not limited to, all texts, graphics, images, logos, names, trademarks, denominations, sounds, photographs, iconography, videos, drawings, data, software or other – are protected by intellectual property law and are the exclusive property of ENDA or are licensed to ENDA.

Under no circumstances may the site and/or its contents be modified, reproduced, represented, distributed, displayed, marketed, incorporated into a derivative work or otherwise, in whole or in part, on any medium whatsoever. In general, the site and its contents may only be used for browsing the site and, where applicable, to use the services. The use of all or part of the site and/or its contents, in particular by downloading, reproduction, transmission or representation for purposes other than those provided for in these GCU is strictly prohibited. Subject to compliance with these GCU, ENDA grants users a personal, non-exclusive and non-transferable right to access and use the Site and its contents for the sole purpose of consulting the Site and using the Services. With the exception of the above, it is strictly forbidden for users to :

  • copy, reproduce, represent, disseminate, distribute, publish, permanently or temporarily, all or part of the site and/or its contents by any means and on any medium known or unknown to date;
  • create derivative works from the site and/or its contents;
  • modify, translate, adapt, arrange all or part of the site and/or its contents;
  • disassemble, decompile, reverse engineer the site and/or its contents;
    distribute, transmit, disseminate, sell, rent, lease, license or exploit, in any way whatsoever, without the express prior written consent of ENDA, all or part of the site and/or its contents.

* translation continued on p. 82

Personal data

When users browse the site and use the services provided, ENDA may collect and use personal data concerning them on http://www.enda.fr. Users have the right to access, modify, rectify and delete data collected on this site, under the conditions provided for by Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms. To exercise this right, please send an email to the site manager at the following address: enda@enda.fr. ENDA undertakes to ensure the protection of users’ personal data. For more information on how ENDA collects, uses and processes personal data, the user is invited to consult the ENDA Privacy Policy.

Technical information

It is reminded that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any viruses circulating on the Internet. The site does not use “cookies” (identification elements of your computer, stored on the hard disk).

Hypertext links

The site may provide links to other websites. Insofar as ENDA has no control over these third party websites, ENDA makes no commitment as to the availability and content of these sites and declines all responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources. ETI also disclaims all liability for any damage or loss, whether actual or alleged, arising out of or in connection with the use of, or reliance on, the content, goods or services available on such third party websites.

Warranties and Liabilities

The responsibility of the user

Within the framework of the use of the site and/or access to the services, the user undertakes to :

  • to remain courteous and not to make remarks and/or not to have any derogatory behaviour likely to harm, in any way whatsoever, ENDA, other users and more generally any third party;
  • not to attempt to disrupt or compromise the integrity or security of the ENDA system, or to decipher any transmission to or from the servers of the site or services;
  • not to download invalid data, viruses, worms or any other software agents through the Site or Services;
  • not to impersonate any person or entity, to use a false name or to make false statements when using the site or services;
  • not to engage in any act of piracy, to send unsolicited e-mails or to carry out any phishing operation against ENDA or other users;
  • not to use the site or services in a manner that is not in accordance with these CGU.

Should the user fail to comply with any of these obligations, the User shall be solely responsible for any damage caused by him/her to ENDA, other users or third parties. In this respect, the User undertakes to guarantee ENDA against all claims, actions or recourse of any kind that may result from it and to compensate it for any damages, costs or indemnities whatsoever relating thereto.

The responsibility of ENDA

ENDA ensures that the site is regularly updated but cannot guarantee users that all the information published is accurate and/or up-to-date. Consequently, ENDA declines all responsibility with regard to any inaccuracies, omissions or errors.

The site is accessible 24 hours a day, and 7 days a week, subject to :

  • a case of force majeure;
  • the availability of the Internet network;
  • temporary suspension of the site for technical reasons related to site updates, maintenance or any other technical cause.

ENDA undertakes, on the basis of an obligation of means, to provide access to the site and the services, to act with diligence and competence and to do its utmost, within reasonable limits, to remedy any malfunction brought to its attention.

ENDA may, however, be obliged to suspend the Site or the Services temporarily or permanently without notice, for technical maintenance reasons, whatever the origin or cause, without ENDA being held liable. It is specified that the Internet network and the computer and telecommunications systems used to access and use the site are not free of errors and interruptions and breakdowns may occasionally occur. ENDA cannot be held liable for any inconvenience or damage related to the use of the Internet network. It is the responsibility of users to take all appropriate measures to ensure the security of their equipment, data, software or other, in particular against contamination by any virus and/or attempted intrusion of which they may be victims.

ENDA also declines all responsibility:

  • in the event of direct or indirect damage caused to the user, whatever its nature, resulting from the content, access or use of the site (and/or sites linked to it),
  • in case of abnormal use or illicit exploitation of the site.

Applicable law

These GCU are subject to French law. In the event of a claim or dispute concerning the application, interpretation or execution of these GCU, the parties undertake to seek an amicable settlement to the dispute concerned before any legal action or recourse to a mediation procedure. In the absence of an amicable agreement, the French courts shall have sole jurisdiction. No commercial exploitation, even partial, of the data presented on the site may be made without the prior written consent of http://www.eti-europe.eu. The contents of the publication are under the responsibility of http://www.enda.fr. Any reproduction, use and/or modification that would be made without the prior written consent of http://www.eti-europe.eu will in no way engage the responsibility of http://www.enda.fr. It is reminded that the law authorizes the user to use all or part of the contents proposed on the site for his strictly personal use. However, the reproduction, in whole or in part, of this site, by any process whatsoever, and/or of the elements appearing on it, without the express and prior authorisation of ENDA is prohibited, and constitutes an infringement punishable by articles L.335-2 and following of the Intellectual Property Code. Any reproduction of the logotype without the express authorisation of the site operator is prohibited, within the meaning of article L.713-2 of the Intellectual Property Code.

Miscellaneous

In the event that one or more of the provisions of the GCU are considered invalid or unenforceable by a competent court or by applicable law or regulation, such provision(s) shall be deleted without affecting the validity and enforceability of the other provisions of these GCU. ENDA’s failure to rely on any provision of these GCU shall not be considered as a waiver of the benefit of that provision or of the right to rely on that provision at a later date and/or to claim compensation for any breach of that provision.

Information and claims

Any request for information, clarification or complaint may be notified to ENDA at enda@enda.fr.