Terms and conditions of use of the Website
The website and its contents and services, hereinafter together referred to as the "Website", is published by:
Société par actions simplifiée (simplified joint stock company) with capital of 1,000,000 euros,
registered with the Le Havre Trade and Companies' Register (RCS) under number 305 109 779 and with ORIAS (insurance intermediaries association) under number 07 002 642 (www.orias.fr) as an insurance broker,
Registered office: 71, quai Colbert – 76095 LE HAVRE Cedex
These general terms and conditions of use of the Website, hereinafter referred to as the "GTCU", define the conditions applicable between the User and SPB as well as the rights and obligations of each party in relation to the use of the Website.
Any use of the Website implies consultation and acceptance of these GTCU.
These GTCU are subject to French law.
The terms listed below used in these GTCU and beginning with a capital letter shall be understood as follows, whether in the singular or plural, depending on the context of their use:
Refers to all articles, photographs, illustrations, files, questionnaires, functionalities and more generally any element existing within the Website.
1.3. User Space
Refers to the User's personal space which the User can access after authenticating himself/herself.
Refers to all the services offered and made available to Users within the Website. The Services are provided via the Website either by SPB or by third-party companies under their exclusive responsibility, which the User acknowledges and accepts.
Refers to the website published by SPB and all the Services and Content that it makes available to Users.
Refers to the natural person having access to the Website.
2. Use of the Website by the user
2.1. Acceptance of the GTCU
Access to and use of the Website by the User implies the latter's knowledge of, acceptance without reservation of and compliance with these GTCU.
The GTCU can be accessed from the "General Terms and Conditions of Use" link on the Website.
SPB reserves the right to modify the terms of these GTCU at any time. In this case, the modified GTCU can be accessed from the "General Terms and Conditions of Use" link on the Website.
Access to the Website by the User shall constitute acceptance of the modified GTCU.
2.2. Access and Security
Access to the Website is non-transferable and temporary.
2.3. Rules for using the Website
The User shall use the Website fairly and honestly, in accordance with its purpose and role, in compliance with the law and with the strictest confidentiality.
The User acknowledges and accepts that compliance with these GTCU is a substantial condition for continued access to the Website.
SPB may withdraw access to the Website or to certain functionalities of the Website, without notice and without owing the User any compensation whatsoever, in the event of a breach by the User of the provisions of these GTCU making it impossible to maintain access to the Website, notwithstanding any damages that may be claimed by SPB.
3. Description of the functionality and interoperability of the Website
1. Main features:
Website presenting the news of the SPB Group
The personal data are exclusively intended for SPB as the data controller.
Hardware & software:
4. Warning / technical constraints
The User is informed of the constraints and limits of the Internet network, particularly in terms of:
- data transmission and possible data breaches;
- continuity not guaranteed in accessing the Website or the various services offered by the Website;
- technical constraints that are not under SPB's control and responsibility.
Under no circumstances can SPB be held responsible for these risks and their consequences, which may be detrimental, regardless of the extent, to the User.
It is the User's responsibility to take all appropriate measures to protect his/her own data, software and hardware from contamination by viruses or other forms of attack that may be circulating through the Website.
The User may not take advantage of any difficulty in accessing the Website to access the information or services in breach of these GTCU.
Links may be provided to other applications, websites or other social media or Services provided by third-party companies to SPB. SPB cannot be held liable if the content of said other applications, websites or social media or services infringes the rights of third parties or any legal or regulatory provisions in force. These other applications, websites or other social media or services are provided under the exclusive responsibility of the companies that publish them, which the User expressly acknowledges and accepts.
The User is informed of the unreliability of the Internet network, especially in terms of relative security in the transmission of data, of non-guaranteed continuity of access to the Website, of non-guaranteed performance in terms of volume and speed of data transmission and of the propagation of viruses.
In this respect, SPB cannot be held responsible for damage resulting from viruses of any kind, bugs, or any program or application that is incompatible with the infrastructure used by the User, nor for damage suffered by the User as a result of a breakdown, maintenance interruption, technical problem, interruption of the telephone network or telecommunications networks, overload, negligence or fault of a third party or the User, or an incompatibility of the User's computer configuration.
The User is responsible for implementing a solution and security measures within his/her computer to prevent the spread of viruses.
It is the User's responsibility to check the suitability of the services and content offered via the Website for his/her needs. The User is solely responsible for any decision of any nature whatsoever taken on the basis of information provided within the Content or the Services offered via the Website.
5.1. Responsibility of the User
The User remains fully and personally responsible for the use of the Website under the conditions of common law.
It is the User's responsibility to use the Website in compliance with the legal and regulatory provisions in force and in compliance with the stipulations of these GTCU.
5.2. SPB's liability
The Website is used under the sole responsibility, control and direction of the User. SPB cannot under any circumstances be held liable for any direct or indirect damage whatsoever arising from the User's use of the Website and the Services in any capacity and under any circumstances whatsoever.
In this respect, the User shall validate the suitability of the Website and the Services for his/her needs, and use the Website and the Services under normal conditions and in accordance with its purpose.
SPB is in no way responsible for the quality, timeliness, completeness and truthfulness of the data entered by the User, under his/her sole control, responsibility and direction.
UNDER NO CIRCUMSTANCES DOES SPB VERIFY OR CHECK THE CONSISTENCY OR RELEVANCE OF THE DATA ENTERED BY THE USER WITHIN THE SITE WHEN USING THE SERVICES.
The User is therefore informed that SPB shall not be liable for any damage resulting from:
- the use made by the User of the Content made available to him/her on the Website and through the Services and in particular the interpretation that the User will make of it and the consequences of its use;
- the recording by the User of incomplete or erroneous information.
SPB will not be liable for any non-performance or delay in the performance of the Services caused by events beyond its control or force majeure as defined in the Code civil (French Civil Code).
The execution of these GTCU will be suspended for as long as the case of force majeure lasts and the performance deadlines of the Service will be extended accordingly. SPB will use its best endeavours to put an end to the case of force majeure or to find a solution that enables it to fulfil its contractual obligations despite the case of force majeure.
6. Limitations of liability regarding the Website
The information provided on the Website is for general and documentary purposes only. SPB disclaims all responsibility for the use and interpretation of the information published on the Website and its possible consequences.
It is specified that SPB cannot be held responsible for direct or indirect damage, material or immaterial, resulting from the use of the Website or the impossibility of accessing it, or from a malfunction, an interruption, a virus, or a connection or system problem, acts of third parties, cases of force majeure or unforeseen events, preventing access to the Website or to one of its functionalities.
The equipment used by the User to connect to the Website remains under the User's sole responsibility. He/she must take all appropriate measures to protect his/her equipment and his/her own data, particularly in the event of virus attacks via the Internet. The User is also solely responsible for the sites and data he/she consults.
SPB cannot be held responsible for any legal proceedings against the User:
– as a result of using the Website or any service accessible via the Internet;
– as a result of non-compliance with these GTCU.
SPB is not liable for any damage caused to the User, third parties and/or their equipment as a result of connecting to or using the Website.
7. Intellectual property rights
7.1. Website Content and Services
All Content and Services accessible through the Website and Services are protected by intellectual property rights, owned or claimed by SPB, its related entities or used by SPB with the permission of the owners of such rights.
These Services and this Content are exclusively intended for the information and personal use of the User who benefits from a private, non-collective and non-exclusive right of use.
Unless expressly authorised in advance by SPB, all reproductions, representations and uses by the User other than those referred to above are prohibited, in particular:
- any adaptation, making available to the public at its request or not, distribution, rebroadcasting in any form whatsoever, networking, public communication, whether free of charge or for a fee, of all or part of the works, services, trademarks and all elements protected or likely to be protected by intellectual property law reproduced on the Website and in the Services;
- any link, access, modification, addition or deletion that affects the automated processing system of the online edition and modifies the publication conditions or editorial policy.
Any failure by the User to comply with these obligations shall constitute an infringement punishable under Articles L.335-2 et seq. of the Code de la propriété intellectuelle (French Intellectual Property Code).
In accordance with the provisions relating to the protection of databases, SPB is the producer and owner of all or part of the databases making up the Website.
By accessing this Website, the User acknowledges that the data it contains is legally protected; the User is prohibited in particular from extracting, reusing, storing, reproducing, representing or preserving, directly or indirectly, on any medium whatsoever, by any means and in any form whatsoever, all or part of the qualitatively or quantitatively substantial content of the databases appearing on the Website to which he/she has access, as well as from repeatedly and systematically extracting or reusing qualitatively and quantitatively insubstantial parts of the content, when these operations clearly exceed normal conditions.
7.3. Trademarks and distinctive signs
Unless otherwise specified, all trademarks used on the Website are the property of SPB or its partners.
Unless expressly authorised in advance by SPB and/or its partners, any use of this trademark and any other trademarks, whether figurative or not, displayed and belonging to SPB or to third parties exposes the User to legal proceedings.
Any information accessible via a link to other sites is not under the control of SPB, which disclaims all responsibility for their content.
10. User's personal data
The data communicated to SPB in the context of use of the Website are processed in the sense of and in compliance with the law of 6 January 1978 as amended by the law of 20 June 2018 known as Informatique et Libertés (French Data Protection Act), in accordance with the General Data Protection Regulation.
In this context, the data controller is SPB.
11. Complaints – dispute resolution
In the event of a complaint, the User may contact SPB:
- by post: 71, quai Colbert, 76 600 Le Havre
The GTCU are governed by French law. Any dispute as to their validity, interpretation or execution shall be submitted to the competent French courts.
12. Supervisory authority
SPB's supervisory authority is the Autorité de Contrôle Prudentiel et de Résolution (French Prudential Control and Resolution Authority), at the following address:
4 Place de Budapest
75436 PARIS CEDEX 09