The purpose of these General Terms of Contract (hereinafter the “GTC”) is to define the conditions under which DEFIS AVOCATS implements its Internet site, the purpose of which is to inform the public.
The “PUBLISHER” refers to DEFIS AVOCATS as defined in the legal notice section.
“the SITE” or “the Internet Site” refers to the Internet site whose url address is: www.defis-avocats.com
The “USER”: refers to any Internet user visiting the Site www.defis-avocats.com, having access to the Site and consulting it from any type of computer medium generating such access.
Any connection to the site is subject to compliance with these conditions and their unreserved acceptance.
For the user, simple access to the PUBLISHER’s site at the following URL address www.defis-avocats.com implies tacit and unreserved acceptance by all users of all the conditions described below.
DEFIS AVOCATS reserves the right to modify the present GTC. Users are invited to consult the present GTC regularly in order to take note of the changes made. Users are invited to consult these Terms of Use regularly to take note of any changes.
Website access :
Access to the Site is free of charge to any user with Internet access. All costs related to access, whether hardware, software or internet access, are exclusively the responsibility of the User. The User is solely responsible for the proper functioning of his Computer Equipment and his Internet access.
DEFIS AVOCATS endeavours to provide quality access and to enable Users to use the means of communication made available to them in the best possible conditions.
DFEIS AVOCATS reserves the right, without prior notice or compensation, to temporarily or permanently close the Site or access to one or more remote services, in particular to carry out an update, maintenance operations, modifications or changes to operational methods, servers and hours of accessibility, without this list being limitative.
DEFIS AVOCATS is not responsible for damages of any kind that may result from these changes and/or from the temporary unavailability or even the definitive closure of all or part of the Site or the Services associated with it.
DEFIS AVOCAT reserves the right to add to or modify the Site at any time in the light of technological developments.
It is the user’s responsibility to ensure that the computer and transmission resources available to him/her can be adapted to changes in the Site.
Services offered :
DEFIS AVOCATS provides users with :
– information presenting the activities and services offered by DEFIS AVOCATS ;
– a “news” page relating to the areas of expertise and services offered by DEFIS AVOCATS;
– The possibility of contacting DEFIS AVOCATS by means of a form provided for this purpose;
– Information on property sales offered by DEFIS AVOCATS and the possibility of contacting the department dedicated to property sales to obtain additional information.
Security :
DEFIS AVOCATS makes its best efforts, in accordance with the rules of the art, to secure the Site with regard to the risk incurred and the nature of the data processed.
The Site is an automated data processing system.
The User is prohibited from accessing or maintaining, fraudulently, all or part of the Site. The User is forbidden to use an access method other than the interface made available by DEFIS AVOCATS.
The User is prohibited from deleting or modifying data contained on the Site, or fraudulently introducing data or even altering the functioning of the Site. In particular, the User shall not introduce any virus, malicious code or any other technology harmful to the Site.
In particular, the User undertakes not to carry out any operation aimed at saturating a page or any operation that would have the effect of hindering or distorting the functioning of the Site.
The User undertakes not to use any device or software of any kind that would have the effect of disrupting the proper functioning of the Site.
The User undertakes not to take any action that would impose a disproportionate burden on the Site’s infrastructure.
The User accepts the characteristics and limits of the Internet. He/she is aware that data circulating on the Internet is not necessarily protected, particularly against possible misappropriation.
The User shall take the appropriate measures to ensure the security of his/her own data and/or software from contamination by any viruses on the Internet.
Hypertext links :
The www.defis-avocats.com website may contain hyperlinks to other websites on the Internet. The links towards these other resources make you leave the site www.defis-avocats.com.
It is forbidden to create a link towards the pages of this site without express authorization of the PUBLISHER.
The PUBLISHER reserves the right to ask for or proceed to the suppression of a link which he considers not in conformity with the object of the www.defis-avocats.com site or not beforehand authorized.
Copyright
The general structure of the website as well as the texts, images, animated or not, sounds and photos are the property of DEFIS AVOCATS
Any total or partial representation of this website by any entity or person whatsoever without the express authorisation of DEFIS AVOCATS is prohibited and would constitute an infringement punishable under the Intellectual Property Code.
The DEFIS AVOCATS brand, as well as the logo appearing on the website, are registered trademarks.
Any total or partial reproduction of this brand or logo, made from elements of the Internet site, without the express authorisation of DEFIS AVOCATS, is therefore prohibited, within the meaning of the Intellectual Property Code.
The other distinctive signs, in particular the corporate names, commercial names, signs and domain names reproduced on the site are the property of DEFIS AVOCATS or third parties. Any unauthorised reproduction is liable to engage the responsibility of its author in application of article 1240 of the Civil Code.
Various provisions
The Parties mutually agree that the fact that one of the Parties tolerates a situation does not have the effect of granting the other Party acquired rights.
Furthermore, such forbearance shall not be construed as a waiver of the rights in question.
The Parties declare the sincerity of these undertakings.
In this respect, they declare that they have no knowledge of any element which, if communicated, would have modified the consent of the other Party.
The Parties acknowledge that they are each acting on their own behalf and will not be considered as agents of each other.
These terms and conditions do not constitute a partnership, a franchise or a mandate given by one party to the other.
Neither party may make any commitment in the name and on behalf of the other party.
Furthermore, each party remains solely responsible for its own actions, claims, commitments, services, products and personnel.
In the first instance, cases of force majeure shall suspend the execution of these general conditions.
If the cases of force majeure last longer than two months, the present general conditions will be terminated automatically, unless the parties agree otherwise.
Expressly, are considered as force majeure or fortuitous events, those usually retained by the jurisprudence of the French courts and tribunals.
In the event of difficulties of interpretation resulting from a contradiction between any of the headings appearing at the beginning of the articles of these general conditions and any of the articles, the headings shall be declared non-existent.
If one or more of the stipulations herein are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations shall retain all their force and scope.
These terms express the entirety of the obligations of the Parties
No general or specific condition appearing in the documents sent or handed over by the User may be integrated into the present terms and conditions.
In addition to the legal provisions recognising the evidential value of digital writing, Users recognise the validity and evidential value of e-mails, SMS messages and notifications made by DEFIS AVOCATS, of digitised documents exchanged between them within the framework of the Services, as well as of all electronic records kept by DEFIS AVOCATS within the framework of the Services.
The present GTC are subject to French law.
This applies to both the substantive and formal rules, notwithstanding the place of performance of the substantial or ancillary obligations.