Terms and Conditions of Use
This website, which can be accessed at https://www.yousense.fr/ (hereinafter referred to as the “Website”) is published and managed by Eiffage Énergie Systèmes – Gestion et Développement (SIRET (business reg.) no.: 420 542 151 00030) – 3-7 place de l’Europe – 78140 Vélizy-Villacoublay, France (hereinafter referred to as “Eiffage Énergie Systèmes – Gestion et Développement”).
Accessing and browsing the Website implies acceptance of these Terms and Conditions of Use (hereinafter the “T&Cs”). By accessing the Website, by any means whatsoever (including via computer, mobile or tablet, etc.), the User acknowledges that it is aware of these T&Cs and undertakes to comply with them unreservedly.
The terms below shall have the following meaning, whether in the singular or plural form:
- “Personal data”: means, pursuant to Article 4 of the General Data Protection Regulation no. 2016/679 (hereinafter the “GDPR”): “any information about an identified or identifiable natural person (hereinafter referred to as the “data subject”). An “identifiable natural person” is deemed to be a natural personal that can be identified, directly or indirectly, including by reference to an identifier, such as a name, identification number, location data, an online identifier, or one or more elements specific to its physical, physiological, genetic, psychological, economic, cultural or social identity”. Data that can be used to identify Users are deemed to be Personal Data.
- “User”: means any person accessing the Website (e.g. visitors) and whose Personal Data may be collected.
- “Terminal” means the different media on which the Website can be accessed. Terminals include smartphones, tablets, Internet-based personal computers (PC or Apple) and any connected object, or which can be connected to another object as well as the Internet.
The purpose of these T&Cs is to define the terms and conditions of access, availability and use of the Website, its features and its content by the Users.
Any user who refuses to comply with the T&Cs must not access nor use the Website.
These T&Cs constitute a legally-binding contract, which is enforceable against Users who access, browse and use the Website.
- Eiffage Énergie Systèmes – Gestion et Développement collects Personal Data about Users when browsing the Website
The Personal Data is collected, processed, recorded and retained in accordance with the applicable legal provisions, and in particular the Law of 6 January 1978 as amended and the General European Data Protection Regulation no. 2016/679.
Eiffage Énergie Systèmes – Gestion et Développement is the owner of the domain name https://www.yousense.fr/
This Website is an intellectual work: the Website and each of the elements that comprise the Website (images, whether animated or not, illustrations, photographs, sounds, know-how, texts, graphics, etc.), including the software and databases (hereinafter the “Content”), are protected under intellectual property law, in particular by copyright, and rights over designs, templates and trademarks.
Therefore, unless stipulated otherwise, the intellectual property rights over the Content are the exclusive property of Eiffage Énergie Systèmes – Gestion et Développement, any other company in the group in which Eiffage Énergie Systèmes – Gestion et Développement is a part, a third party or partner who has granted rights of use to Eiffage Énergie Systèmes – Gestion et Développement. Eiffage Énergie Systèmes – Gestion et Développement shall not grant any licence or sub-licence for all or part of the Content or any right other than the right to use the Website under the terms of conditions herein.
The User acknowledges these rights and undertakes to comply with them. Any use, modification, reproduction, extraction, depiction and translation, in full or in part, of the Content by any process whatsoever, is strictly prohibited without the prior written agreement of Eiffage Énergie Systèmes – Gestion et Développement or the owner of the protected element.
Similarly, any unauthorised reproduction of literary, musical, audiovisual and photographic works, and in general, any work likely to be protected under intellectual property law, which can be accessed via the Website, is prohibited, and any breach is subject to civil and/or legal sanctions, in accordance with the provisions of Article L 122-4 of the French Intellectual Property Code, unless this reproduction is exclusively reserved for strictly personal use.
Eiffage Énergie Systèmes – Gestion et Développement, or any other owner of these rights may take any measure or action, including legal action, to stop any breach of its intellectual property rights and reserves the right to request damages in the event of such a breach.
Any creation of links to the Website, any framing of the Website, and in general, any use of a component of the Website is subject to the prior written authorisation of Eiffage Énergie Systèmes – Gestion et Développement and may be revoked at any time at its sole discretion.
Any websites that have a hyperlink to the Website are not under the control of Eiffage Énergie Systèmes – Gestion et Développement . Consequently, Eiffage Énergie Systèmes – Gestion et Développement declines all liability (in particular publishing liability) for these websites.
Eiffage Énergie Systèmes – Gestion et Développement gives Users the opportunity to subscribe to RSS feeds to keep them up to date with articles published on the Website. The feed will be updated automatically or by manual refresh in the User’s Internet browser or their email program depending on the subscription options they have selected.
Users can unsubscribe from an RSS feed at any time by deleting it from their browser and/or their email program.
These RSS feeds do not enable Eiffage Énergie Systèmes – Gestion et Développement to obtain information about the Users. For technical reasons, Eiffage Énergie Systèmes – Gestion et Développement only has information about the number of subscribers to its RSS feed.
Use of the Website is subject to the T&Cs in force at the time of use.
Eiffage Énergie Systèmes – Gestion et Développement reserves the right to amend and update the T&Cs without notice. To stay informed about any amendments, it is recommended that Users read the T&Cs regularly.
Users undertake to comply with these T&Cs.
Users undertake, in particular, to behave in compliance with all the provisions of this paragraph, and in particular:
- Not to use a false identity with the aim of deceiving others and provide Eiffage Énergie Systèmes – Gestion et Développement with false, stolen or erroneous details;
- Not to harm anyone through the Website;
- Not to add a hyperlink to the Website without the prior written consent of Eiffage Énergie Systèmes – Gestion et Développement;
- Not to damage the reputation of Eiffage Énergie Systèmes – Gestion et Développement or other Users through the Website;
- Not to spread content of a defamatory, insulting, obscene, offensive, violent or violence-inducing nature, or of a political, racist or xenophobic nature or which is, in general, contrary to the laws and regulations in force and public decency;
- Not to attempt to probe or test the vulnerability of the Website, or to infringe the security and authentication measures without authorisation;
- Not to disrupt or interrupt the Website or the servers or networks connected to the Website, or to infringe the requirements, procedures, rules or regulations of the networks connected to the Website;
- Not to attempt to interfere with the use of the services offered on the Website;
- Not to disclose unnecessary, sensitive or third-party personal, professional or confidential information;
- Refrain from carrying out any processing of personal data obtained through or with the help of the Website, and in particular any collection, misuse or any act likely to infringe the privacy or reputation of the other Users or any other natural or legal person.
Users must comply with the rules relating to intellectual property over the content of the Website, whether the intellectual property rights of Eiffage Énergie Systèmes – Gestion et Développement or third parties.
At all times and for any reason whatsoever, Eiffage Énergie Systèmes – Gestion et Développement may implement any measure, without notice, to stop the use of the Website by the User or all or part of the services provided by the Website due to any conduct that breaches these T&Cs, without prejudice to any damages that Eiffage Énergie Systèmes – Gestion et Développement has the right to claim from the User in the event of non-compliance with these T&Cs.
Disclaimer of liability
The User uses the Website at its own risk and acknowledges that it is solely liable for its use thereof. It is responsible for protecting itself against the dangers of the Internet, and to take all measures necessary to protect its own data and/or software from contamination by any viruses that may infect its computer or IT equipment. The User is solely liable for its equipment used to access the Internet, as well as the Website.
Eiffage Énergie Systèmes – Gestion et Développement takes the greatest care and implements all means possible to provide regularly-updated quality information on the Website. However, Eiffage Énergie Systèmes – Gestion et Développement cannot guarantee the accuracy or completeness of all this information. Furthermore, the Website is likely to be amended and modified without prior notice.
Eiffage Énergie Systèmes – Gestion et Développement selects links to websites displayed on the Website with care, but declines any liability regarding the content of these websites, their legality, accuracy or function and cannot be held liable for the use that Users make thereof.
Eiffage Énergie Systèmes – Gestion et Développement cannot be held liable for errors or omissions, or lack of availability of the information and services. Eiffage Énergie Systèmes – Gestion et Développement is only bound by a best efforts obligation regarding the information that it provides to those accessing its Website. Thus, the User acknowledges that it shall use this information under its exclusive responsibility and is solely liable for the consequences of this use.
In more general terms, Eiffage Énergie Systèmes – Gestion et Développement cannot be held liable for any direct or indirect damage resulting from the access and use of the information contained on the Website, regardless of the causes, origins, nature or consequences.
Eiffage Énergie Systèmes – Gestion et Développement cannot be held liable for any direct or indirect damage resulting from access to its Website, any interruption or deletion of the Website and its services, the occurrence of bugs or any damage resulting from fraudulent intrusion by a third party via the Website.
Access to the Website
In the event of force majeure, IT or technical difficulties or difficulties related to the structure of the telecommunications networks or for maintenance reasons, without this list being exhaustive, access to all or part of the Website may be suspended or removed at the discretion of Eiffage Énergie Systèmes – Gestion et Développement.
Wholeness of agreement
In the event one of the clauses of these T&Cs is declared null and void due to a change in legislation, regulations or a decision of the courts, this shall not, in any way, affect the validity and compliance of the other clauses of the T&Cs.
Applicable law and competent courts
These T&Cs are governed by French Law.
ANY DISPUTE ABOUT THE EXISTENCE, INTERPRETATION, EXECUTION OR TERMINATION OF THE T&CS CONCLUDED BETWEEN 4. EIFFAGE ENERGIE SYSTEMES – GESTION ET DEVELOPPEMENT AND THE USER, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS SHALL, IN THE ABSENCE OF AN AMICABLE AGREEMENT, BE BROUGHT BEFORE THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS. THIS ALLOCATION OF JURISDICTION IS VALID NOTWITHSTANDING MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEEDINGS OR SUMMARY PROCEEDINGS OR BY PETITION.