Terms and Conditions

Terms and Conditions

Context:

These terms and conditions, together with any other documents referred to in them, set out the terms of use under which you may make use of this website, www.face-digitale.fr ("our site"). Please read these terms and conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of our site. If you do not agree to comply with and be bound by these terms and conditions, you must stop using our site immediately.

 

1. Definitions and interpretation
   In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:
   
   " Content "
   means any text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our site; and
   “We / Us / Our”
   means Face Digitale, a sole proprietorship registered in England under Unique Taxpayer Reference (UTR): 9421047757., whose registered address is 53 Lindfield Road, SK5 6SF, REDDISH, United Kingdom. and whose principal trading address is 53 Lindfield Road, SK5 6SF, REDDISH, United Kingdom.

1. Information about us
   Our site, www.face-digitale.fr, is owned and operated by Face Digitale, a sole proprietorship registered in England under Taxpayer Reference (UTR): 9421047757, whose registered address is 53 Lindfield Road, SK5 6SF, REDDISH, United Kingdom and whose main business address is 53 Lindfield Road, SK5 6SF, REDDISH, United Kingdom.
   

1. Access our site
   Access to our site is free.
   It is your responsibility to make all arrangements necessary for you to have access to our site.
   Access to our site is provided on an “as is” and “as available” basis. We may change, suspend or discontinue our site (or any part of it) at any time without notice. We will not be liable to you in any way if our site (or any part of it) is unavailable at any time or for any period.

 

1. Intellectual Property Rights

• All content included on our site and the copyright and other intellectual property rights subsisting in that content, unless otherwise stated, are owned by or licensed to us. All content is protected by applicable UK and international intellectual property laws and treaties.
• Subject to sub-clause [s] 4.3 [and 4.6], you may not reproduce, copy, distribute, sell, rent, sub-license, store or re-use in any way content from our site without the express written permission of us.
• You can:

1. 1. 1. 1. 1. Access, view and use our Site in a web browser (including any web browsing functionality built into other types of software or applications);
            2. Download our site (or part of it) for caching;
            3. Print [a copy of] a page[s] from our site;
               Download excerpts from pages on our site; and
            4. Save pages from our site for later and/or offline viewing.

 

1. Our status as the owner and author of the content on our site (or that of identified licensors, as applicable) must always be acknowledged.

• You may not use any content saved or downloaded from our site for commercial purposes without first obtaining a licence from us (or our licensors, as applicable) to do so. [This does not prohibit normal access, viewing and use of our site for general information purposes by either business users or consumers.]

• Nothing in these terms and conditions prevents or excludes the provisions of Chapter III of the Copyright, Designs and Patents Act 1988, entitled “Permitted Acts in Relation to Copyright Works”, including in relation to the making of temporary copies; research and private study; making copies for the analysis of text and data for non-commercial research; criticism, review, quotation and reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

 

 

1. Links to our site
   You may link to our site provided that::

1. 1. 1. 1. 1. You do it fairly and legally.
            2. You do not do so in a manner that suggests any form of association, approval or endorsement of
            3. Our share if there is none;
            4. You do not use any logos or trademarks displayed on our site without our express written permission; and
            5. You do not do so in a way that damages our reputation or takes unfair advantage of it.

 

1. 1. 1. You may not create a link to any page other than the home page of our site, www.face-digitale.fr. Deep links to other pages require our express written permission.
      2. Framing or embedding our site on other websites is not permitted without our express written permission. Please contact us at [email protected] for more information.
         You may not create a link to our site from another website the main content of which contains material that:

 

1. 1. 1. 1. 1. is sexually explicit;
            2. is obscene, deliberately offensive, hateful or inflammatory;
            3. promotes violence;
               encourages or assists in any form of illegal activity;
            4. is discriminatory against any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age, or defamatory in any way;
            5. is intended or likely to threaten, harass, annoy, alarm, inconvenience, upset or embarrass another person;
            6. is calculated or is otherwise likely to deceive another person;
            7. is intended or otherwise likely to violate (or threaten to violate) another person's right to privacy;
            8. falsely impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a manner intended to deceive (obvious parodies are not included in this definition, provided that they do not fall within any of the other provisions of this sub-clause 5.4)
            9. implies any form of affiliation with us where none exists;
            10. infringes or assists in infringing the intellectual property rights (including, without limitation, copyright, trademarks and database rights) of any other party; or
            11. is made in breach of any legal duty owed to a third party, including, but not limited to, contractual duties and duties of confidence.

 

1. 1. 1. The content restrictions in sub-Clause 5.4 do not apply to content submitted to sites by other users, provided that the primary purpose of the site is consistent with the provisions of sub-Clause 5.4. For example, you are not prohibited from posting links on general purpose social networking sites simply because another user may post such content. You are, however, prohibited from posting links on websites that highlight or encourage the submission of such content by users.

 

1. Links to other sites
   Links to other sites may be included on our site. Unless expressly stated, these sites are not under our control. We do not assume or assume any responsibility for the content of third party sites. The inclusion of a link to another site on our site is provided for information purposes only and does not imply any endorsement of the sites themselves or of those in control of them.

 

1. Warnings
   1. 1. Nothing on our site constitutes advice on which you should rely. It is provided for general information purposes only.
      2. To the extent permitted by law, we make no representations, warranties or guarantees that our site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
      3. We make reasonable efforts to ensure that the content on our site is complete, accurate and up-to-date. However, we make no representations, warranties or guarantees (express or implied) that the content is complete, accurate or up-to-date.

 

1. Our responsibility
   1. 1. To the fullest extent permitted by law, we accept no liability to any user for any loss or damage, whether foreseeable or otherwise, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) our site or use of or reliance on any content included on our site.
      2. To the fullest extent permitted by law, we exclude all representations, warranties and guarantees (express or implied) that may apply to Our Site or any content included on Our Site.
      3. If you are a business user, we accept no liability for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
      4. We use all reasonable skill and care to ensure that our site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial-of-service attack, or any other harmful material or event that may adversely affect your hardware, software, data or other material that arises as a result of your use of our site (including your downloading of any content from it) or any other sites referred to on our site.
      5. We do not assume any responsibility or liability for any disruption or unavailability of our site resulting from external causes, including, without limitation, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
      6. Nothing in these terms and conditions excludes or limits our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other liability which cannot be excluded or limited by law. For further details of consumer legal rights, including those relating to digital content, please contact your local Citizens Advice Bureau or Trading Standards office.

 

1. Viruses, Malware and Security

• We use all reasonable skill and care to ensure that our site is secure and free from viruses and other malware.
• You are responsible for protecting your hardware, software, data and other materials from viruses, malware and other Internet security risks.
• You must not knowingly introduce viruses or other malware or any other material which is malicious or technologically harmful to or through our site.
• You must not attempt to gain unauthorised access to any part of our site, the server on which our site is stored or any server, computer or database connected to our site.
• You must not attack Our Site via a denial-of-service attack, a distributed denial-of service attack or any other means.
• By breaching the provisions of clauses 9.3 to 9.5, you may commit a criminal offence under the Technology Misuse Act 1990. Any such breach will be reported to the relevant law enforcement authorities and we will fully co-operate with those authorities by disclosing your identity to them. Your right to use our site will cease immediately in the event of such a breach.

 

1. Acceptable Use Policy
   1. 1. You may only use our site in a lawful manner. Specifically:
         1. 1. you must ensure that you comply fully with all local, national or international laws and/or regulations;
            2. you must not use our site in any way or for any purpose that is unlawful or fraudulent;
            3. you must not use our site to knowingly send, upload or transmit any data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or data of any kind; and
            4. you must not use our site in any way or for any purpose that is intended to cause harm to any person or persons in any way.

 

1. 1. 1. We reserve the right to suspend or terminate your access to our site if you materially breach the provisions of this clause 10 or any other provision of these terms of use. Specifically, we may take one or more of the following actions:
         1. 1. suspend, temporarily or permanently, your right to access our site;
            2. send you a written warning;
            3. bring legal action against you for reimbursement of all relevant costs on an indemnity basis arising from your breach;
            4. bring further legal action against you, if necessary;
            5. disclose such information to law enforcement authorities as required or as we reasonably believe necessary; and/or
               any other action we reasonably deem appropriate (and lawful).

1. 1. 1. We hereby exclude all liability arising from any action (including, but not limited to, those described above) we may take in response to breaches of these Terms and Conditions.

 

1. Privacy and Cookies
   Use of our site is also governed by our cookie and privacy policies, available from https://face-digitale.com/en/legal-policies/. These policies are incorporated into these terms and conditions by this reference.

 

1. Changes to these terms and conditions
   1. We may change these terms at any time. [If we do, details of the changes will be highlighted at the top of this page.] Any such changes will be binding on you when you first use Our Site after they become effective, so you are advised to check this page from time to time.
   2. In the event of a conflict between the current version of these Terms and Conditions and any prior version, the provisions then in effect and in force shall prevail, unless expressly provided otherwise.

 

1. Contact us
   To contact us, please email us at [email protected] or use one of the methods provided on our contact page at https://face-digitale.com/fr/contact/.

 

1. Communications from us

1. 1. 1. If we have your contact information, we may from time to time send you important notices by email. These notices may include matters such as, but are not limited to, service changes and changes to these Terms and Conditions.
      2. We will never send you marketing emails of any kind without your explicit consent. If you give your consent, you can unsubscribe at any time by sending us a request by email to [email protected].
      3. For questions or complaints regarding our communications (including, but not limited to, marketing emails), please contact us at [email protected].

 

1. Data protection
   1. 1. Any personal information that we may use will be collected, processed and stored in accordance with the provisions of EU Regulation 2016/679 on the General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
      2. For full details of our collection, processing, storage and retention of personal data, including, but not limited to, the purposes for which the personal data is used, the legal basis or bases on which you use it, details of your rights and how to exercise them and the sharing of personal data (if applicable), please refer to our Privacy Policy

 

1. Law and jurisdiction
   1. 1. These terms and conditions and the relationship between you and us (whether contractual or not) shall be governed by and construed in accordance with the law of England & Wales.
      2. If you are a consumer, you will benefit from any mandatory provisions of the law of your country of residence. Nothing in sub-clause 16.1 above removes or reduces your rights as a consumer to rely on those provisions.
      3. If you are a consumer, any dispute, controversy, proceeding or claim between you and us relating to these Terms and Conditions, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, depending on where you reside.
      4. If you are a business, any dispute concerning these Terms and Conditions, the relationship between you and us, or any matters arising out of or connected with it (whether contractual or otherwise) is subject to the [non-]exclusive jurisdiction of the courts of England and Wales.