The purpose of the General Conditions herein are to define the terms of provision of the services of the www.emc-evolution.com website, hereinafter referred to as “the Service” and the conditions of use of the Service by the User.
Any access and/or Use of the Service implies the unconditional acceptance and respect of all the Conditions herein. They therefore represent an agreement between the Service and the User.
In the event that the User does not wish to accept all or part of these general conditions, they are asked to refrain from using the Service.
Publisher
The Service is published by : Madame Liliane Magnet
Adress : Z.I. de Felet – 7 rue du Pré de la Pie
Post code : 63300
City : Thiers
Telephone : 04 73 80 14 94
SIRET N°: 80117855900010
TVA Intra-communautaire : FR 43 801178559
Business: Manufacture of medical, surgical and dental equipment
E-mail : contact@emc-evolution.com
Création & website hosted by:
Agence Scopika, 15 Rue du Pré La Reine 63100 Clermont-Ferrand.
Website hosting: Dedicated server Definitions
Definitions
User: the User is any person who uses the Website or one of the services proposed by the Website.
User Content: the term “User Content” means the data transmitted by the User in the different sections of the Website.
Member: the term “Member” means a user identified on the website.
User ID: the term “User ID” is the information required to identify a user on the website in order to access areas reserved for members.
Password: the “password” is confidential information which Users must keep secret, enabling them to prove their identify when used along with their User ID.
Access to service
The Service is accessed free of charge to any User with access to internet. All the costs related to access the Service, whether medical, software or internet access costs are at the exclusive expense of users. They alone are solely responsible for the correct operation of their IT equipment as well as their internet access.
Some sections of the website are reserved for Members after entering their identification using their User ID and Password.
The Service is entitled to refuse access to the Service, unilaterally and without prior notice, to any User not adhering to the conditions of use herein..
The Service implements all the reasonable resources available to it to ensure quality access to the Service, but is bound by no obligation to do so.
The Service, may not, furthermore, be held liable for any network or server malfunction or any other event that may not be reasonably considered to be under their control, which may prevent or reduce access to the Service.
The Service reserves the right to suspend temporarily or modify, without prior notice, access to all or part of the Service, so as to assure its maintenance or for any other reason, without the interruption giving right to any compensation.
Intellectual property
The Service, in particular its content, is protected by the rights in force in France. The Service is the exclusive holder of all the intellectual property rights of the website and its content (texts, photographs, illustrations, images, logos, etc.).
The content reproduced on the Website has been copyrighted and its reproduction or distribution, without specific, written authorisation of the Service, results in a criminal offence.
www.emc-evolution.com is a registered name of the Service. Any unauthorised reproduction of these trademarks, logos distinctive signs results in a criminal offence. The offender incurs civil and criminal proceedings, in particular the sentences set out under the French Intellectual Property code articles L. 335.2 and L. 343.1.
Users are solely responsible for the User Content they put online via the Service, as well as for any texts or opinions they write. Users grant expressly and free of charge to the Service all related intellectual property rights and in particular the right of reproduction, representation and adaptation, for the legal duration of protection of copyright. In particular they undertake that this data does not infringe upon the legitimate interests of any third parties whatsoever. In this respect, they shall guarantee the Service against any recourse, based directly or indirectly on these statements and/or this data likely to be brought by whoever against the Service. They undertake in particular to cover any charges whatsoever resulting from third party recourse against the the Service, including lawyer’s fees and legal expenses.
The Service reserves the right to delete all or any part of the User Content, at any time and for any reason whatsoever, without warning or prior notification. Users may not avail of any claim in this respect.
Personal Data
With the personal privacy of its Users in mind, the Service undertakes that personal information is collected and processed on this site in accordance with French law n° 78-17 of 6 January 1978 relative to information technology and civil liberties, called the “Informatique et Libertés” law. The website is not declared at the CNIL as it does not collect personal data.
In compliance with article 34 of the French “Informatique et Libertés” law, The Service guarantees Users a right to oppose, access and modify their personal data.
Users are entitled to avail of this right by directly contacting the following address: contact@emc-evolution.com.
Limits of liability
The information published on this website comes from reliable reputable sources. However, the Service cannot guarantee the accuracy or timeliness of this information. Furthermore, the information made available on this website is done so for information purposes only and shall not under any circumstance constitute advice or recommendations of any kind whatsoever.
As a consequence, the Use of the information and content available on the entire website, shall not, under any circumstance, involve the liability of the Service, in any way whatsoever. Users are alone responsible for the proper and judicious use of the information provided on the Website.
Furthermore, users undertake to compensate the Service for any harmful consequences directly or indirectly related to the use they make of the Service.
Access to certain sections of the Service calls for the use of User ID and a Password. The Password, chosen by the user, is personal and confidential. Users undertake to keep their password secret and not to disclose it under any form whatsoever. The User ID and Password via internet are used at the risk of Users. Users shall take all the necessary precautions to protect their personal data from any disclosure.
The Service does nonetheless provide all the necessary means to guarantee the security and confidentiality of the data transmitted. Users are informed that one or more cookies, not containing any personal information, may be placed on the hard disk of their computer to ensure their identification.
Users acknowledge knowing the limits and restraints of the internet network and, as such, recognise in particular that it is impossible to fully guarantee the security of any data exchanged. The Service may not be held liable for any damage resulting from the transmission of any information, including that of user Id and/or their passwords, via the Service.
The Service may not, under any circumstance, be held liable, within the limit of applicable law, for any prejudice or damage, direct or indirect, material or moral, or of any nature whatsoever, that may result from inavailability of the Service or any Use of the Service. The term “Use” shall be understood in the broad sense, i.e. any use of the website whether legal or not..
Users undertake, as a general rule, to comply with all regulations in force in France.
Hyperlinks
Force majeure
The Service may not be held liable in events of force majeure or circumstances beyond its control.
Change to this agreement: the Service reserves the right to amend the terms and conditions of this agreement at any time.
Users are thus advised to consult, on a regular basis, the latest version of the Conditions of Use available on the Service.
Term and termination
Term and termination This agreement is entered into for an unlimited duration starting from the Use of the Service by a user.
Applicable law and competent courts
The rules of law applicable to the content and transmission of data on and around the website are determined by French law. In the event of litigation, if an amicable agreement cannot be reached, only the court of appeal of Clermont-Ferrand of the French courts shall be competent.