Terms of use FR

ECODESIGNCLOUD GENERAL TERMS of USE FR

1. PURPOSE 

The Company operates the Service called “EcoDesignCloud” aimed at scoring the sustainability performance of the Users’ products based on a Lifecycle assessment. These GTU govern the use of and access to the EcoDesignCloud website (the “Site”). Access to and use of the Service by Users are strictly subject to the acceptance of these General Terms of Use (GTU) and to the payment of the corresponding fees. The Service is intended for professional use and professional Users only. Individuals not acting for professional purposes and/or consumers are expressly excluded from the Services. The Service uses international databases and relies on the scoring methodology described in the FAQ (accessible after the Subscription) to provide the valuation rating elements and is based on the Data entered into the Site by Users. 

2.  Registration - Subscription and fees 

The use of the Site requires registration on the Site and the payment of the corresponding fees in € (see the financial conditions of use of the Site). To be registered, and before accessing, browsing and/or using this Site, the User must have read, understood, and agreed to these GTU by checking the relevant box, and paid the fees. In the event that fees are not paid at the due date, access to the Service will be cut off as soon as such non-payment is established, and all the customer's data will be lost. The User agrees to be bound by these GTU and to comply with all applicable laws and regulations, including export and re-export control laws and regulations and human rights. If the User does not agree to these GTU by checking the box, User is not authorised to use the Site. 

3 - Term – Termination 

The effective date of the contractual relationship between the parties is the date of both acceptance of the GTU and payment of the corresponding fees. The Initial term is fourteen (14) months, of which the two (2) first months are free. At the end of this Initial term, and of any the Renewal Term, the User may continue to use the Site for a further period of twelve (12) months (the Renewal Term) by paying the annual fee applicable on that date. If the User does not use the Site in accordance with these GTU and other applicable documentation relating to the Site, the Company may terminate User’s subscription by sending a written notification in an electronic form to the User. In that case, there is no reimbursement of the fees to the User by the Company, and the User shall indemnify the Company as stated in clause 5. If the User doesn't use the Service for a period during the subscription period, this suspension of use will not give right to an extension of the subscription period, nor to a refund or any other compensation. 

4. Responsibility of EcoDesignCloud 

The Service shall be accessible by the Users, 24 hours a day, 7 days a week, except during maintenance periods. EcoDesignCloud shall not be responsible for any network-related failures, interruptions, outages, delays, system unavailability’s and other connectivity problems affecting the Solution or the Service. If EcoDesignCloud becomes aware of a data breach incident likely to severely compromise the security of the Solution or of the Service, or of the Users' Data, EcoDesignCloud may, without notice, suspend momentarily the access to the Solution and to the Service in order to remedy the security breach in a timely manner. In such an event, EcoDesignCloud shall not incur any liability to Users and Users shall not seek or be entitled to any compensation whatsoever from EcoDesignCloud. The results from the use of the Service are based on the methodology describe in the FAQ, using the data (Data) provided by the User, the International Lifecyle inventory Data bases and the EcoDesignCloud Data bases. EcoDesignCloud does not warrant that the functionalities of the Solution or of the Service will meet Users' requirements other than those described in these GTU. The results of using the Services (based on Data provided by the User) may only be considered as an information tool that may assist the User when making decisions. However, User is responsible for making such decisions and for determining the extent to which User depends on results provided by the Service in the decision-making process. EcoDesignCloud can in no event be held liable or incur any liability whatsoever arising out of or in any way linked to or based on any decision made by the User based thereon. 

5- Responsibility of Users 

The User is liable for the proper use of the Site and the Solution and must not interfere or attempt to interfere with their proper functioning, post or send or introduce anything that contains a virus, or any harmful file. The User shall, at its own cost and under its sole responsibility and liability, procure, install, and maintain the information technology equipment necessary to access to and to use the Site and the Solution from its information technology system. The User shall secure the access to the Solution and maintain adequate security measures to prevent unauthorized access to or use or copying of the Solution and to prevent intrusion of any third party and/or malicious codes. The User holds sole responsibility for ensuring and maintaining the confidentiality of its employee’s username and password. It shall immediately notify the Company of any unauthorized use of personal login data. In the absence of any such notification, all information received by Company from someone using the login and password of the User will be considered as having been sent by the User. The User shall immediately inform Company of any unauthorized access to the Solution. 

6 - Intellectual property rights 

All and any title and rights to and in the Site and the Service y including but not limited to all the content (source-code, functionality, software, website design, audio, video, text, photographs and graphics on the site), trademarks, and logo, as well as the methodology and the know-how related to or embedded in the Service and any documentation relating to the Site and the Service are and remain the property of the Company and/or its suppliers and are protected. All usage shall inure to the benefit of Company and/or its suppliers. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. The User may, without any restriction or limitation use the results delivered by the Service free of charge, with the mandatory reference to the Service: “results provided by EcoDesignCloud”. The User has no right in or to the Site and/or the Service other than the limited rights described in these GTU. By Subscribing, the User is granted by the Company a limited, non-exclusive, non-transferable, nonsublicensable - except after prior agreement by the Company -, right to access and use the Site and the Solution, under the intellectual property rights of the Company, in accordance with these GTU and the relevant documentation. The User shall not, without the prior written express consent of Company, (i) translate or adapt the Site or the Service for any purpose nor arrange or create derivative works based on the Site or the Service, (ii) make for any purpose any alterations, modifications, additions or enhancements to the on the Site or the Service (iii) decompile, reverse-engineer or disassemble the on the Site or the Service. All information, data of the User remains his property. For purposes of the Service, the User grants the Company a non-exclusive and royalty-free right, on a worldwide basis: - to host, store in cache mode, process, reproduce, and display, the Data the User will enter for the use of the Service, and - to use such Data to deliver Services offered by the Company. The User warrants and represents that it has all the rights and authorizations that are necessary to use the Data for purposes of the Service, and that it can freely grant the above license rights. 

7 - Liability of the Company 

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect damages (including but not limited to any loss of profit, loss of revenue, of business or any loss or corruption of data), arising out of or related to use of the Site or of the Services nor for any consequential special, incidental or, punitive damages. The aggregate liability of the company shall in no event exceed to the annual amount of the fees paid by the User to Company for the Services. 

8 - Indemnification- Users Indemnity The User agrees to defend, indemnify, and hold harmless the Company from and against any claim, liabilities, damages, losses, and expenses of whatever kind, incurred by Company in connection with any claim made against Company that arises out of or relates to: - the use of the Services and the Solution by the User, - any breach of any representations, warranties, covenants, or obligations of the User, - the consequences of any unlawful, fraudulent, data, information or documents provided by User in relation to or in connection with the use of the Site or the Solution, - User’s negligence or misconduct. 

9 - Compliance with Laws "Compliance Laws" means applicable national and international laws and regulations relating to corruption, money laundering, terrorist financing, fraud and tax evasion, human rights, competition, export control, national and international sanctions in connection with the performance of the Contract. 

9.1 Representations, warranties and undertakings The User agrees to be bound by these GTU and to comply with all applicable laws and regulations, notably Compliance Laws including export and re-export control laws and regulations and human rights. User represents and warrants that at the date of the Contract: - it has internal policies in place to comply with the highest standards of integrity and ethics in connection with the operation of its business, - neither it, nor anyone on its behalf has ever been convicted or subject to sanctions by a statutory, regulatory, or judicial authority in relation to a violation of Compliance Laws. - he has all necessary licence rights, authority to enter into these terms and perform his obligations, and he is not subject to UE, US, UN or French sanctions, and that he is not in a country under international sanctions. Throughout the term of the Contract, the Parties undertake to perform the Contract in accordance with applicable laws and regulations, notably Compliance Laws. The User commits to comply with the Company Partner’s Commitment to Integrity (available …). 

9.2 Potential breach and duty to inform. In case of potential breach of any of the representations, warranties or undertakings set forth in Clause 9.1 above, notably in case of opening of an investigation by a statutory, regulatory or judicial authority in relation to a violation of Compliance Laws, or any compliance related event likely to affect the reputation of either Party, the User undertakes to inform the Company without any delay and to provide any information reasonably requested by the Company on this matter. 

9.3 Suspension and Termination In case of breach by the User of any of the provisions set forth in Clause 9.1 or 9.2 above, the Company may notify the immediate suspension of the Contract without any reimbursement by the Company. If the User fails to remedy such breach to the satisfaction of the Company within a period of thirty (30) days as of receipt of the notification, the Company may immediately and unilaterally terminate the Contract without being liable for any penalty or indemnification due to such termination without any reimbursement by the Company. 

10. Personal Data Company, as a data controller, will process personal data in accordance with the EU General Data Protection Regulation 2016/679 (hereafter “GDPR) for the sole purpose of Service, and will take all adequate measures to protect such data against their accidental or unlawful destruction, accidental loss, alteration, disclosure, any unauthorized access, in particular over the Internet, as well as against any form of unlawful processing, in accordance with its Statement of Data Privacy, availableErreur ! Référence de lien hypertexte non valide. on the Site, which is regularly updated in particularto comply with applicable laws and regulations. 

11 – Confidentiality Except as otherwise expressly authorized by the other Party, each Party shall only use the information and documents, of any nature whatsoever concerning the other Party or disclosed by the other Party, to which they might have access during or in connection with the use of the Solution, for the purpose of providing or using the Service pursuant to these GTU. The content of assessment questionnaires, information and assessment methodology are deemed Company confidential information. The rating resulting from use of the Service will be deemed confidential information of the User. Each Party may disclose, without prior notification, approval or consent by the other Party, to tax authorities, local or governmental authorities and courts any confidential information that is required to be disclosed by law, as well as to such Party's representatives, external counsels and advisors, or for audit purposes on a strict need-to-know basis. 

12 - Modification From time to time, the Company may modify these GTU in accordance with applicable law, and any change will be effective as soon as it is published on the Site. The continued use of the Site and Service after such publication by the User, will be deemed acceptance by the User of these new revised GTU. 

13 - Dispute Resolution Applicable law and jurisdiction clause (clause de mediation) These GTU are governed and shall be interpreted in accordance with the laws of France except for provisions governing conflict of laws, which shall not apply. 

13.1) mandatory amicable settlement of disputes In the event of any claim or dispute, the User must first use the live chat service …to notify Company of such claim or dispute and provide all and any information related thereto. Company shall endeavour to resolve any incidents that may have given rise to the claim or dispute within a reasonable timeframe. In the absence of an answer or solution within 10 days of the User providing such notification and the information described above, the User may refer to the jurisdiction clause below. 

13.2) territorial jurisdiction clause Any dispute or claim arising out of or in connection with these GTU, or relating in any way to your use of the Site and / or the Service which cannot be settled amicably pursuant to the paragraph above, shall be submitted to the Commercial Court of Paris, France, to which the Parties herby assign exclusive jurisdiction notwithstanding the plurality of defendants.