These General Conditions of Use are concluded between:
Firstly,
The simplified joint stock company PLUS INVEST with a capital of 100.00 Euros, registered with the Pointe à Pitre Trade and Companies Register under number 821 818 127, whose head office is located at 58 faubourg Victor Hugo 97110 Pointe à Pitre, (here after “MORE INVEST”),
AND
On the other hand,
Anyone browsing the site www.plus-invest97.fr, (hereinafter “the User”).
Any navigation on the site http://www.plus-invest97.fr (hereinafter the "Site") automatically entails acceptance of all of these General Terms and Conditions of Use.
Article 1. DEFINITIONS
• Personal data means all the personal information relating to the User, a natural person, provided by him when ordering.
• Parties means jointly PLUS INVEST and the User.
• Site designates the infrastructures developed by PLUS INVEST according to the computer formats usable on the Internet including data of different kinds, and in particular texts, sounds, fixed or animated images, videos, databases, intended to be consulted by the Client. to know
• User designates any adult natural or legal person who browses the Site.
Article 2. PURPOSE OF THE TOS AND VERSION IN FORCE
The T&Cs define the rights and obligations of the Parties in connection with the use of the Site by the User.
PLUS INVEST is free to modify, at any time and without notice, these T&Cs, in particular to take into account any legal, jurisprudential and/or technical developments.
Any modification is applicable as soon as the T&Cs are updated.
The continued use of the Site by the User after the publication of the revised Terms means that he accepts and agrees to these modifications. Consequently, PLUS INVEST invites the User to check the page regularly in order to be kept informed of any changes that may have occurred.
Article 3. ACCESS TO THE SITE
3.1 Age Requirements
The Site is accessible exclusively to Users over the age of eighteen (18). If the User is not of the required age, prior authorization from his parents or the holder of parental authority is required.
By using the Site, the User guarantees to fulfill the aforementioned condition.
3.2 Geographical delimitation
The Site is intended for Users worldwide, excluding countries subject to embargo by a U.N. resolution and provided that these Users can legally carry out a Procedure in France.
3.2 Equipment and technical means
The Site is accessible free of charge to any User with internet access. All costs relating to access to the services offered by PLUS INVEST are exclusively the responsibility of the User.
PLUS INVEST implements all reasonable means at its disposal to ensure quality access to the Site but is not bound by any obligation of result.
PLUS INVEST cannot, moreover, be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control which would prevent or degrade access to or use of the Site.
PLUS INVEST reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site in order to ensure its maintenance or for any other reason, without the interruption giving rise to the right to no obligation or compensation.
Article 4. USE OF THE SITE
The User agrees to use the Site only for legal purposes and in accordance with these Terms.
4.1 Prohibited use
The User agrees not to use the Site:
• In a way that would be in violation of the laws or regulations applicable in France and within the European Union;
• By impersonating or attempting to impersonate PLUS INVEST, an employee of PLUS INVEST, another User or any other person or entity, for any purpose whatsoever;
• By adopting any conduct restricting or preventing the enjoyment of the Site by any person whatsoever.
In addition, the User agrees not to:
• Use the Site in any way that could disable, overburden, damage or impair the Site or interfere with any third party's use of the Site, including its ability to engage in real-time activities through the Site;
• Use any robot, search engine or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any material on the Site;
• Use a manual process to monitor or copy any material on the Site or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper functioning of the Site;
• Introduce viruses or any other malicious or harmful software or technological means;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Site, the server on which the Site is stored or any server, computer or database connected to the Site;
• Attack the Site via a denial of service attack or a distributed denial of service attack;
• Try to interfere with the proper functioning of the Site.
4.2 Penalty for breaches
In the event of non-compliance with these T&Cs, or, more generally, a violation of the laws and regulations applicable to the User, PLUS INVEST reserves the right to take any appropriate measure and in particular to:
• Suspend or limit access to the User's Site;
• Notify any authority concerned;
• Engage in any appropriate legal action.
Article 5. CONTENT
The Site presents the activities of PLUS INVEST as well as the products and services offered by its franchised agencies.
5.1 Information contained on the Site
The information contained on or through the Site is made available for general information purposes.
They are given for information only.
PLUS INVEST offers in particular for information purposes the price and characteristics of the goods offered for sale or rental by its franchised agencies.
PLUS INVEST undertakes to rectify as soon as possible any inaccurate or obsolete information that may be present on the Site.
5.2 Links to other sites
The Site may contain a certain number of links to third-party sites or resources, in particular to the websites of its franchised agencies.
The User acknowledges and accepts that PLUS INVEST can in no way be held responsible for the technical availability of websites operated by third parties, including its potential partners and franchised agencies, to which Users would access through the Site.
PLUS INVEST is also not responsible for the content, products or services available on such third-party sites governed by their own terms of use. The use of such sites or resources is under the full responsibility of the User.
Article 6. NEWSLETTER
PLUS INVEST offers the User to subscribe to the newsletter. By registering, the User agrees to regularly receive an email informing him of the various activities of PLUS INVEST.
6.1 Registration
The newsletter service is completely free. To register, the User must enter a valid e-mail address, which will become the reference address where the newsletter will be sent. The validation of the subscription entails the full acceptance by the User of these T&Cs.
6.2 Service offered
Newsletters are automatically sent to subscribers. The frequency of sending is random and is carried out through the reference e-mail address provided by the User. The content of the newsletters is provided exclusively by PLUS INVEST.
PLUS INVEST cannot be held responsible for the direct or indirect consequences linked to the use of newsletters by the User. These newsletters are distributed for information purposes only and cannot be used for advice.
6.3 Unsubscribe
Each subscriber to the newsletter has the right to unsubscribe as well as the right to access and modify the personal information concerning him.
The information collected is processed according to PLUS INVEST's data protection policy, accessible by following this link: PRIVACY POLICY.
The subscriber can unsubscribe from the newsletter at any time by clicking on the link at the end of the newsletter email.
Article 7. CONTACT
PLUS INVEST offers Users to send messages and complaints via the contact forms accessible on the Site.
To send a message, the User must enter his name, first name and email address.
Messages sent by Users must comply with the legislation in force. Therefore, any contribution must not, without limitation:
• Contain a defamatory, obscene, indecent, vulgar, malicious, violent, xenophobic, racist or otherwise unlawful message;
• Promote sexually explicit or pornographic material;
• Be used for the purposes of political, ideological propaganda or proselytism;
• Disseminate advertising for products and brands competing with the brand(s) presented on the Site;
• Infringe any patent, trademark, trade secret, copyright or other intellectual property right;
• Disseminate personal and nominative information about a person without their consent;
• Intimidate or harass anyone; Or
• Impersonate a person or misrepresent the User's identity or affiliation with a person or organization.
In the event of violation of one of these obligations, PLUS INVEST reserves the right not to respond to the User and to take any appropriate measure, in accordance with article 4.2 hereof.
Article 8. INTELLECTUAL PROPERTY
In accordance with the laws and conventions governing intellectual property or other similar rights, unless otherwise stated, the Site and all elements, brands, designs, models, photographs, texts, illustrations, logos, animated or non-animated sequences, with or without sound, graphics, etc., found on this Site as well as their compilation are the exclusive property of PLUS INVEST, which does not grant any license or any right other than that of consulting the Site and benefiting from the Services offered by PLUS INVEST.
With the exception of elements published under a free license, all reproductions or representations, even partial, by any process whatsoever, all requests, whether automated or not, aimed at retrieving data published on this Site, made without the authorization of the publisher are illegal and constitute an infringement in accordance with the provisions of the law of March 11, 1957, articles 40, 41 and 42 of the penal code.
The User who has a personal website and who wishes to place, for personal use, on his site a simple link directly to the Site, must request authorization from PLUS INVEST. In any case, any link, even tacitly authorized, must be removed on simple request from PLUS INVEST. Hypertext links may refer to sites other than the Site. PLUS INVEST disclaims all liability in the event that the content of these sites contravenes the laws and regulations in force.
The User therefore only has the right to use the Site made available to him, without being authorized to reproduce, represent, adapt, distribute or exploit it for personal purposes or for the benefit of third parties.
The User expressly acknowledges that any violation of this clause is likely to cause financial damage to PLUS INVEST for which he may seek compensation.
Article 9. PERSONAL DATA
PLUS INVEST is required to collect personal data depending on the services that the User uses, via technologies such as cookies or tracers.
Consequently PLUS INVEST invites the User to read, on the Site, the section relating to the Policy of confidentiality and processing of Personal Data as well as the use and storage of cookies and tracers. This section is an integral part of these T&Cs.
The Privacy and Personal Data Processing Policy is available at the following link: PRIVACY POLICY
Article 10. RESPONSIBILITY OF PLUS INVEST
Access to the Site is guaranteed by PLUS INVEST subject to its availability.
PLUS INVEST does not guarantee to Users that the Site, subject to constant research to improve its performance and security in particular, will be totally free of errors, defects or defects, that the Site being standard and in no way offered to the sole intention of a given User according to his own personal constraints will respond specifically to his needs.
PLUS INVEST implements all means to ensure continuous access and proper functioning of the Site.
Nevertheless, given the limits related to the Internet, PLUS INVEST cannot exclude that access to and operation of the Site may be interrupted, in particular in the event of force majeure, malfunction of the User's equipment, malfunctions of the Internet network of the User, or maintenance operations intended to improve the Site and its functionalities. In the same way, a constraint related to the host, such as in terms of maintenance, having repercussions on the accessibility of the Site cannot entail the responsibility of PLUS INVEST.
PLUS INVEST does not guarantee the absence of technical problems, nor compatibility with a particular configuration and/or hardware, nor an online delay, and cannot be held responsible for malfunctions related to the use of additional software.
Consequently, PLUS INVEST cannot be held responsible for an interruption of the Site, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit the interruptions which would be attributable to it.
The User expressly accepts that PLUS INVEST cannot be held liable for direct, indirect, fortuitous, special, accidental, consequential or punitive damages, etc., as well as for any loss of profits or income, which may be incurred by the User. directly or indirectly linked:
• access or use of the Site;
• the User's inability to access or use the Site;
• any behavior or content submitted, published or posted on the Site;
• any unauthorized access, use or alteration of the User's transmissions.
Article 11. GENERAL PROVISIONS
a. Full T&Cs
The Parties acknowledge that these T&Cs constitute the entire agreement between them and supersede any prior offer, provision or agreement, written or verbal.
The titles of the Articles of these T&Cs have been inserted for the convenience of the User and in no way for the purpose of restricting or modifying any of the terms or stipulations herein.
b. Modification of the T&Cs
No subsequent document, no modification of the T&Cs in whatever form will take effect between the Parties without taking the form of an addendum duly dated and signed by them.
c. Nullity
If any of the stipulations of the T&Cs turns out to be invalid under a rule of law in force or a court decision that has become final, it would then be deemed unwritten, without however resulting in the nullity of the T&Cs, nor altering the validity of its other provisions.
d. Applicable law and disputes
The T&Cs are concluded in French and fully governed by French law.
In the event of a dispute relating to the Site, the User must first contact PLUS INVEST, in order to find an amicable solution, by email to the address admin@plus-invest97.fr.
The Parties have the right to resort to conventional mediation or any alternative dispute resolution method in the event of a dispute. The seizure of the mediator is the responsibility of PLUS INVEST. The Parties are free to refuse the solution proposed by the mediator.
Referral to the mediator can only take place after the User has taken prior written steps with PLUS INVEST.
In addition, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
It is expressly reminded that requests for amicable settlement do not suspend the time limits open for bringing legal action.
The competent court in the event of a dispute will be that of the place of residence of the defendant.
