Definitions of the terms
We will then designate:
- “Site” or “Service”: the https://www.iopool.com site and all its pages.
- “Publisher”: iopool, the legal or natural person responsible for the edition and content of the Site.
- “User”: the Internet user visiting and using the Services of the Site.
These General Terms and Conditions of Use (hereinafter referred to as the “T&Cs”) are offered by the Site Publisher. The Site User is invited to carefully read these T&Cs, to print them and/or to save them on a durable medium. The User acknowledges having read the T&Cs and accepts them in full and without reservation.
Article 1 – Application of the T&Cs
The purpose of these T&Cs is to define the conditions of access to the Site by Users. The Publisher reserves the right to modify the T&Cs at any time by publishing a new version of them on the Site. The T&Cs applicable to the User are those in force on the day of his acceptance.
The Site is freely accessible to all Users. The acquisition of a product or service, or the creation of a member area, or more generally the navigation on the Site implies the acceptance, by the User, of all the present T&Cs, which he/she acknowledges having fully read them.
This acceptance may consist, for example, for the User, in ticking the box corresponding to the acceptance sentence of these T&Cs, with the words “I acknowledge having read and accepted all the general conditions of the Site”. Checking this box will be deemed to have the same value as a handwritten signature from the User.
The User acknowledges the evidential value of the Publisher’s automatic registration systems for this Site and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
The acceptance of these T&Cs presupposes that the Users have the necessary legal capacity to do so. If the User is a minor or does not have this legal capacity, he/she declares that he/she has the authorisation of a tutor, a curator or his/her legal representative.
Article 2 – Legal notices, personal data and purpose of the Site
This Site is published by iopool SA. The website https://www.iopool.com is published by iopool SA, with a capital of €900,000, a company registered with the ECB (Belgium) under number 0711904972, whose registered office is located at 24 Avenue du Pré-Aily, 4031 Angleur.
Intracommunity VAT number: BE 0711.904.972.
Director of publication: Romain Trigaux, COO of iopool SA, can be reached at +32 (0) 499 60 34 01 or at firstname.lastname@example.org
The site is hosted by Pressable, 110 E Houston St. Floor 7 San Antonio, TX 78205 United States. Information concerning the collection and processing of personal data (policy and declaration) is provided in the site’s personal data charter.
Information concerning the collection and processing of personal data (policy and declaration) is provided in the Site’s personal data policy.
The purpose of this Site is determined as “Online Sales Site”.
Article 3 – Member area
The User registered on the Site (member) has the possibility to access it by logging in using his login details (email address defined at registration and password) or possibly by using systems such as third-party social network login buttons. The user is fully responsible for protecting the password he or she has chosen. He is encouraged to use complex passwords. If the password is forgotten, the User has the possibility to generate a new one. This password is the guarantee of the confidentiality of the information contained in his “my account” section and the User is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Site Editor cannot be held responsible for unauthorized access to a User’s account.
The creation of a personal space is an essential prerequisite for any order or contribution from the User on this Site. To this end, the User will be asked to provide a certain amount of personal information. It is committed to providing accurate information.
The purpose of data collection is to create a “member account”. If the data contained in the member account section were to disappear as a result of a technical failure or a case of force majeure, the Site and its Publisher could not be held liable, as this information has no probative value but only an informative nature. The pages relating to member accounts are freely printable by the account holder in question but do not constitute proof, they are only informative in nature and are intended to ensure the efficient management of the service or contributions by the User.
Each User is free to close his account and data on the Site. To do this, he must send an e-mail to iopool indicating that he wishes to delete his account. No recovery of its data will then be possible.
The Publisher reserves the exclusive right to delete the account of any User who has violated these GTU (in particular, but without this example being exhaustive in any way, when the User has knowingly provided incorrect information, when registering and creating his personal space) or any account that has not been active for at least one year. Such deletion shall not be likely to constitute damage to the excluded User who shall not be entitled to any compensation as a result. This exclusion is not exclusive of the possibility for the Publisher to take legal action against the User, when the facts justify it.
Article 4 – Access and availability of the Site
The Publisher makes its best efforts to make the Site accessible at all times, subject to the maintenance operations of the Site or the servers on which it is hosted. In the event of impossibility of access to the Site, due to technical problems or of any nature, the User may not claim any damage and may not claim any compensation.
The Site Publisher is only bound by an obligation of means; its liability cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, service interruption, or others.
The User expressly agrees to use the Site at his own risk and under his sole responsibility.
The Site provides the User with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambiguities that may exist. In any case, iopool can under no circumstances be held responsible:
- any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, loss of data that may result from the use of the Site, or, on the contrary, the impossibility of its use;
- a malfunction, unavailability of access, misuse, improper configuration of the User’s computer, or the use of a browser not commonly used by the User.
Article 5 – Hypertext links
The Site may include hypertext links to other sites.
The User therefore acknowledges that the Publisher may not be held liable for any proven or alleged damage or loss resulting from or in connection with the use or knowledge of the content, advertising, products or services available on these sites or external sources. Similarly, the Publisher of this Site may not be held liable if the User’s visit to one of these sites causes him/her any damage.
If, despite the Publisher’s efforts, one of the hypertext links on the Site points to a site or Internet source whose content is or appears to be non-compliant with the requirements of French law to a User, the User undertakes to immediately contact the Site’s publication director, whose contact details appear in the Site’s legal notices, in order to inform him of the address of the pages of the third-party site in question.
Article 6 – Cookies
The User acknowledges that he/she is informed of this practice and authorizes the Site Publisher to use it. The Publisher undertakes never to communicate the content of these “Cookies” to third parties, except in the event of a legal request.
The User may refuse the registration of “Cookies” or configure his browser to be notified before accepting “Cookies”. To do this, the User will configure his browser:
For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Safari: https://support.apple.com/fr-fr/ht1677
For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 7 – Intellectual property rights
All the elements of this Site belong to the Publisher or a third party agent, or are used by the Publisher on the Site with the authorization of their owner.
Any representation, reproduction or adaptation of logos, textual content, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to counterfeiting.
Any User who is guilty of counterfeiting may have his access to the site deleted without notice or compensation and without this exclusion constituting damage, without prejudice to any subsequent legal proceedings against him, at the initiative of the Publisher of this Site or his representative.
The brands and logos contained in the Site may be registered by iopool, or possibly by one of its partners. Any person making their representations, reproductions, interweaving, diffusions and reruns shall be liable to the penalties provided for in Articles L. 713-2 et seq. of the Intellectual Property Code.
Article 8 – Liability
The Publisher is not responsible for the Users’ publications, their content or their veracity. The Publisher may under no circumstances be held liable for any damage likely to occur on the User’s computer system and/or for the loss of data resulting from the use of the Site by the User.
The Publisher undertakes to constantly update the content of the Site and to provide Users with accurate, clear, precise and updated information. The Site is in principle accessible at all times, except during the technical operations of maintenance and updating of the content. The Publisher shall not be held liable for damages resulting from the unavailability of the Site or parts thereof.
The Site Publisher cannot be held liable for any technical unavailability of the connection, whether due in particular to force majeure, maintenance, updating, modification of the Site, intervention by the host, internal or external strike, network failure or even a power failure.
The Publisher shall not be held liable for the non-operation, impossibility of access or malfunctions of the Site attributable to unsuitable equipment, misconfiguration or use of the User’s computer, malfunctions of the services of the User’s access provider, or those of the Internet network.
Article 9 – Notifications and complaints
Any notice or notice concerning these T&Cs, the legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by e-mail to the address indicated in the legal notices of the Site, specifying the contact details, surname and first name of the notifier, as well as the subject of the notice.
Any claim related to the use of the Site, the Services, the pages of the Site on any social networks or the T&Cs, the legal notices or the personal data policy must be filed within 365 days of the day on which the problem giving rise to the claim arises, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within 365 days, such a claim shall be forever inapplicable in court.
It may be possible that there may be, throughout the Website and the Services offered, and to a limited extent, inaccuracies or errors, or information that is inconsistent with the T&Cs, the legal notices or the personal data policy. In addition, it is possible that unauthorized changes may be made by third parties to the Site or to related Services (social networks, etc.).
In such a situation, the User has the possibility to contact the Site Publisher by post or e-mail at the addresses indicated in the legal notices of the Site, with if possible a description of the error and the location (URL), as well as sufficient information to contact him.
Article 10 – Independence of clauses
If any provision of the T&Cs is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.
The T&Cs supersede any prior or contemporaneous written or oral agreements. They are not transferable, transferable or sublicensable by the User himself.
A printed version of the T&Cs and any notices given in electronic form may be requested in judicial or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs must be written in the French language.
Article 11 – Applicable law
These T&Cs are governed by and subject to american law.
Unless otherwise provided by public policy, any disputes that may arise in connection with the execution of these GCU may, before any legal action is taken, be submitted to the Site Publisher for amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for initiating legal proceedings.
Unless otherwise provided by public policy, any legal action relating to the execution of these T&Cs shall be subject to the jurisdiction of the courts of the jurisdiction of the place where the defendant is domiciled.