The User wishes to use the Site at the address www.socomec.de (the "Site"), the official website of the SOCOMEC Group.
This Site publishes general information relating to the SOCOMEC Group and its products to an audience of informed professionals (the "Users").
Access to and use of this Site are subject to these terms and conditions of use (the "T&Cs") as well as applicable laws.
The products and services described in the pages of the Site do not constitute commercial offers and the information provided therein is not contractually binding.
They are subject to modification or deletion without notice. Users who wish to purchase products and/or use SOCOMEC services are invited to contact their local SOCOMEC sales office.
2. ACCEPTANCE / MODIFICATION OF THE T&Cs
The T&Cs take effect and are enforceable as soon as the User connects to the Site.
Users remain subject to them as long as they remain connected to the Site. The T&Cs may be updated regularly and SOCOMEC reserves the right to modify them at any time (to adapt them to legislative or regulatory changes, for example).
The User is invited to refer to them each time they visit the Site. The modifications are enforceable with respect to the User as soon as they are posted on the Site. If the User disagrees with the modified T&Cs, he/she should stop accessing the Site and the services it offers.
3. ACCESS TO THE SITE
The cost of accessing and browsing the www.socomec.de Site is entirely the responsibility of the User. Access to the Site is possible 24/7, except in the case of force majeure or any failures or maintenance work necessary for the proper functioning of the Site.
SOCOMEC cannot be held liable in the event of the temporary, partial or total unavailability of the Site, in particular in the event of maintenance, a technical incident or, more generally, in the event of an occurrence beyond its control. Whatever the circumstances, the User acknowledges having the competence and means necessary to access and use the Site and that SOCOMEC reserves the right to modify and temporarily or permanently interrupt access to all or part of the Site.
4. ACCESS CODES AND PASSWORDS
Access to the www.socomec.de site is open to all Users with an internet connection.
However, some services on the Site may require an access code and password provided by the operator of these services. Access codes and passwords are confidential, personal, non-assignable and non-transferable. The user is responsible for the management, storage and consequences of using their own codes and passwords. In the event of loss or theft of their username and/or password or if the User thinks that a third party has been able to access their account, the User undertakes to modify their username and/or password and to notify SOCOMEC by email at the following address: email@example.com
SOCOMEC cannot, under any circumstances, be held liable for their fraudulent use.
5. INTELLECTUAL PROPERTY RIGHTS
The User acknowledges that the Site and its components, including the domain name, constitute the full and entire property of SOCOMEC who holds the intellectual property rights to all of these, which the User hereby agrees to respect.
Unless previously authorised in writing by SOCOMEC, the User undertakes not to:
(a) disclose any information about the Site, its design, information, specifications and the services offered;
(b) copy any portion of the Site or documentation,
(c) deconstruct, decompose or dissociate all or part of the Site.
It is expressly agreed that the communication by one Party to the other of tangible or immaterial elements or information under the Agreement shall in no way be interpreted as conferring, expressly or implicitly, any right (under licence or by any other means) to inventions, know-how, trade secrets or intellectual property rights that constitute or are contained in such elements or information, other than the limited right to use them for the intended purposes.
Referring to the Site does not imply any licence or assignment of the rights relating to its elements, unless expressly stipulated. Any copy, reproduction, representation, adaptation or modification, dissemination, in whole or in part, of the Site, as well as all or part of its content, by any means whatsoever and on any medium whatsoever, is unlawful, unless the holder of the rights relating to the element in question has given their prior agreement, and constitutes an act of counterfeiting, an infringement of the rights of the database producer, an act of unfair competition and/or parasitism, sanctioned in particular under French Articles L. 335-2, L. 335-3, L. 342-1 et seq. and L. 716-1 of the Intellectual Property Code, and Article 1240 of the Civil Code.
Any unauthorised use of the Site and/or all or part of its components, in particular for the purposes of commercial gain, may be the subject of proceedings on the basis of the aforementioned by the holders of the rights in question, who reserve the right to claim damages. SOCOMEC authorises the free use of the photographs presented in the "Gallery" section, provided that it is not contrary to common decency and does not harm the reputation of SOCOMEC. The caption "© Socomec" must appear on the media where the photographs will be reproduced. The User acknowledges that all software and hardware, accessible from this Site and subject to their own provisions are governed by them.
Users acknowledge that they shall use the Site made available to them at their own risk and that they must carry out any necessary and/or useful verification before any use under their exclusive responsibility. They acknowledge that they are solely responsible for choosing to use the Site as adequate to their needs and for making sure their computer system is secure.
The User undertakes, under penalty of being held civilly and criminally liable, not to use the www.socomec.de site to transmit, by any means whatsoever, any content including programmes, codes, viruses or any other process intended to destroy or limit the functionality of the www.socomec.de site.
SOCOMEC cannot be held liable, vis-à-vis the User, for damages of any kind, direct or indirect, resulting from the use of the Site, nor for the User being unable to access it for any reason whatsoever. Users protect and indemnify SOCOMEC against any damage suffered by it and against any action for liability that may be brought against it on the basis of these T&Cs and/or any right of a third party being violated. In the case of serious fraud, SOCOMEC reserves the right to communicate all the necessary information to the competent bodies responsible for combating such fraud and infringements.
Neither of the parties can be held responsible for any breach of its obligations under the T&Cs if such failure results from: a government mandate, including any withdrawal or suspension of authorisations whatsoever, a total or partial strike, internal or external to the company, a fire, a natural disaster, a total or partial interruption or breakdown of telecommunications or electrical networks, an act of computer piracy or more generally any other event of force majeure as defined by law.
The party claiming the event must immediately inform the other party of its inability to perform its service. The suspension or delay of obligations can in no case be a cause of liability for non-performance of the obligation, nor induce the payment of damages or penalties for delay.
7. HYPERTEXT LINKS
The www.socomec.de site may offer links to other websites.
To the extent that SOCOMEC cannot exercise control over these external sources, please be informed that we are not bound to the provision and content of external sources, and disclaim any responsibility for the content, advertising, products, services or any other material available on or through such external sources. We also disclaim all liability for damages or losses, actual or alleged, arising out of or in connection with the use, or with the fact of having trusted the content, of goods or services available on these external sources.
8. APPLICABLE LAW AND JURISDICTION
The validity, interpretation, execution of the T&Cs and the resolution of any dispute relating thereto are governed and interpreted under French law.
In the event that these terms are translated, only the French text will be binding.
The parties shall endeavour to amicably settle any dispute arising from the interpretation or execution of this Agreement.
If they are unable to reach agreement and the dispute persists, the parties agree to assign the dispute exclusively to the courts of Strasbourg (France).
However, SOCOMEC reserves the right to take legal action in countries other than France before any other judicial court in order to protect its interests.
9. TO FIND OUT MORE
For any further questions you can contact SOCOMEC at the following address:
1 rue de Westhouse BP 10
67235 BENFELD Cedex
(33) (0)3 88 57 41 41