1.Introduction

These General Terms and Conditions apply to this website and to transactions relating to our products and services. You may be bound by additional contracts relating to your relationship with us or to any product or service you receive from us. In the event of a conflict between the provisions of these additional contracts and those of these Terms, the latter shall prevail.

This site is published by Dédicace Software SAS, a subsidiary of the Pioneer Humani group responsible for the representation, promotion, sale and provision of IT CyberWall services in Europe. Outside Europe, these activities are carried out directly by Pioneer Humani or by its regional divisions (“hubs”) and their subsidiaries, depending on the geographical areas concerned. Invoicing is also handled by the relevant group entity according to your location.

2.Commitment

By registering, accessing or otherwise using this website, you agree to be bound by the General Terms and Conditions set out below. Simply using this website implies knowledge and acceptance of these General Terms and Conditions. In certain specific cases, we may also ask you to accept them explicitly.

Use of our services is strictly reserved for businesses that comply with our code of ethics. Failure to comply with this code may result in the immediate suspension or termination of services, without notice and without compensation. The code can be consulted at the following address: [link to the code].

3. Electronic communication

By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically on our website or by email, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement to be in writing.

4. Intellectual property

We or our licensors own and control all copyright and other intellectual property rights in the website, as well as in the data, information and other resources displayed on or accessible from it.

4.1 All rights reserved.

Unless otherwise stated for specific content, no licence or other right is granted to you under copyright, trademarks, patents or other intellectual property rights. This means that you may not use, copy, reproduce, perform, display, distribute, embed in any electronic medium, modify, reverse engineer, decompile, transfer, download, transmit, monetise, sell, market or commercialise the resources of this website, in any form whatsoever, without our prior written permission, except as otherwise provided by mandatory law (such as the right of quotation).

5. Newsletters

Notwithstanding the above, you may forward our newsletter in electronic form to other people who may wish to visit our website.

6. Third-party property

Our website may include hyperlinks or other references to third-party websites. We do not monitor or review the content of these websites. Products or services offered by other websites are subject to the applicable terms and conditions of those third parties. Opinions expressed or material appearing on these sites are not necessarily shared or endorsed by us.

We are not responsible for the privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We accept no liability for any loss or damage, however caused, resulting from the disclosure of your personal information to third parties.

7. Responsible use

By visiting our website, you agree to use it only for its intended purposes and in accordance with these Terms, any additional contract concluded with us, applicable laws and regulations, generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any content consisting of (or linked to) malicious software; use data collected on our website for direct marketing purposes; or carry out systematic or automated data collection on or in connection with our website.

Any activity that causes or may cause damage to the website or interferes with its performance, availability or accessibility is strictly prohibited.

8. Registration

You may create an account on our website. During this process, you may be asked to choose a password. You are responsible for keeping your passwords and account information confidential, and you agree not to disclose them to anyone, nor to share your passwords, account information or secure access to our website or services. You must not allow anyone else to use your account to access the website, as you are responsible for all activities relating to the use of your passwords or accounts. You must inform us immediately of any disclosure of your password.

After your account has been terminated, you will not attempt to create a new one without our permission.

9. Refund and return policy

9.1 Right of withdrawal

Unless expressly provided otherwise, the rights of withdrawal provided for by the French Consumer Code do not apply to contracts concluded between professionals.

To exercise your right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post, fax or email). Our contact details can be found below. You may use the attached model withdrawal form, but this is not compulsory.

You can also fill in and submit the model withdrawal form or any other unambiguous statement electronically on our website.

If you use this option, we will send you an acknowledgement of receipt of your withdrawal without delay on a durable medium (for example, by email).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the deadline expires.

9.2 Effects of withdrawal

If your withdrawal is accepted by our services, we will refund all payments received from you, excluding delivery costs (with the exception of any additional costs resulting from your choice, where applicable, of a delivery method other than the least expensive standard delivery method offered by us), without undue delay and, in any event, no later than 30 days from the day on which we are informed of your decision to withdraw from this contract. We will make this refund using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise. In any event, this refund will not incur any fees for you.

If you asked for the services to begin during the withdrawal period, you must pay us an amount proportional to what has been provided up to the time you informed us of your withdrawal from this contract, in relation to the full coverage of the contract.

Please note that there are legal exceptions to the right of withdrawal and that some items therefore cannot be returned or exchanged. We will let you know if this applies to your particular case.

10. Submission of ideas

Do not submit ideas, inventions, works of art or other information that may be considered your intellectual property unless we have first signed an intellectual property agreement or a non-disclosure agreement. If you disclose them to us without a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content on any existing or future medium.

11. Termination of use

We may, at our sole discretion, modify or discontinue access to the website or any Service it offers, temporarily or permanently, at any time. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuation of your access to or use of the website or any content you may have shared on it. You will not be entitled to any compensation or other payment, even if certain features, settings and/or any Content you have contributed or relied on are permanently lost. You must not circumvent, or attempt to circumvent, the access restriction measures on our website.

12. Warranties and liability

Nothing in this section limits or excludes any warranty implied by law that it would be unlawful to limit or exclude. This website and all its content are provided “as is” and “as available” and may contain inaccuracies or typographical errors. We expressly disclaim all warranties, express or implied, as to the availability, accuracy or completeness of the Content.

We do not guarantee that:

♦ this website or our products or services will meet your needs;
♦ this website will be available in an uninterrupted, timely, secure and error-free manner;
♦ the quality of any product or service purchased or obtained by you through this website will meet your expectations.

Nothing on this website constitutes or is intended to constitute legal, financial or medical advice of any kind. If you need advice, please consult an appropriate professional.

The following provisions of this section apply to the fullest extent permitted by applicable law and do not limit or exclude our liability in respect of any matter for which it would be unlawful to limit or exclude our liability. We shall in no event be liable for any direct or indirect damage (including damage for loss of profits or revenue, loss or corruption of data, software or databases, or loss of or damage to property or data) suffered by you or a third party as a result of your access to or use of our website.

Unless expressly provided otherwise in an additional contract, our maximum liability to you for all damages arising from the website or from any product or service marketed or sold through it, regardless of the form of legal action involving liability (contract, equity, negligence, intentional conduct, tort or otherwise), shall be limited to €1,000,000. This limit shall apply in aggregate to all your claims, actions and causes of action of any kind.

13. Privacy

To access our website and/or our services, you may be required to provide a certificate.

To access our website and/or our services, you may need to provide certain information about yourself when registering. You agree that all the information you provide will always be accurate, correct and up to date.

We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. All emails we send you will relate solely to the provision of the agreed products or services.

We have drawn up a policy to address your privacy concerns. For more information, please see our Privacy Statement and our Cookie Policy.

14. Accessibility

We are committed to making the content we offer accessible to people with disabilities. If you have a disability and cannot access part of our website because of it, please let us know, describing the problem in detail. If the problem is easily identifiable and can be resolved using the industry’s standard IT tools and techniques, we will resolve it promptly.

15. Export restrictions / Legal compliance

Access to the website from territories or countries where the content or the purchase of products or services sold on the website is illegal is prohibited. You may not use this website in breach of French export laws and regulations.

16. Assignment

You may not assign, transfer or subcontract any of your rights and/or obligations under these General Terms and Conditions, in whole or in part, to a third party without our prior written consent. Any purported assignment in breach of this article shall be null and void.

17. Breach of these General Terms and Conditions

Without prejudice to our other rights under these General Terms and Conditions, if you breach these General Terms and Conditions in any way, we may take such action as we deem appropriate to remedy the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to ask it to block your access to the website and/or taking legal action against you.

18. Force majeure

With the exception of the payment obligations set out herein, no delay, failure or omission by either party to perform or comply with any of its obligations shall be deemed a breach of these General Terms and Conditions if, and for as long as, such delay, failure or omission results from a cause beyond its control.

19. Indemnification

You agree to indemnify, defend and hold us harmless against any claims, liabilities, damages, losses and expenses arising from your breach of these General Terms and Conditions and of applicable laws, including intellectual property rights and the right to privacy. You will promptly reimburse us for any damages, losses, costs and expenses relating to such claims.

20. Waiver

Failure to enforce any provision of these General Terms and Conditions and of any Contract, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall in no way affect the validity of these General Terms and Conditions, of any Contract or of any part thereof, or the right to enforce each of their provisions subsequently.

21. Language

These General Terms and Conditions shall be interpreted exclusively in French. All notices and correspondence shall be written exclusively in that language. The translation provided by this site is intended solely to help you understand the French version. In the event of any inconsistency between the French version and the translation you are using, the French version shall prevail.

22. Entire agreement

These General Terms and Conditions, together with our privacy statement and our cookie policy, constitute the entire agreement between you and Dédicace Software SAS concerning your use of this website.

23. Updates to these General Terms and Conditions

We may update these General Terms and Conditions from time to time. It is your responsibility to review these General Terms and Conditions regularly to keep informed of any changes or updates. The date shown at the beginning of these General Terms and Conditions is the date of the last revision. Changes to these General Terms and Conditions will take effect as soon as they are published on this website. Your continued use of this website after changes or updates are published will be deemed notice of your acceptance of these General Terms and Conditions.

24. Choice of law and jurisdiction

These General Terms and Conditions are governed by French law. Any dispute relating to these General Terms and Conditions shall be subject to the jurisdiction of the French courts. If any part or provision of these General Terms and Conditions is found to be invalid and/or unenforceable by a court or other authority under applicable law, that part or provision shall be modified, deleted and/or enforced to the fullest extent permitted in order to give effect to the spirit of these General Terms and Conditions. The other provisions shall not be affected.

In Europe, the services of the Pioneer Humani group are offered by Dédicace Software SAS, the subsidiary responsible for the sale and promotion of those services in that territory. Outside Europe, the services are offered directly by Pioneer Humani or by one of its subsidiaries or regional hubs (subsidiaries overseeing other subsidiaries).

In countries where a local subsidiary operates, local terms may supplement or adapt these General Terms and Conditions. Where the services are offered locally by a group entity, the applicable local legislation may prevail over certain contractual or tax provisions.

25. Contact details

This website is owned and operated by Dédicace Software SAS.

You can contact us about these General Terms and Conditions by telephone, on the number shown on our site.