Avenue Ferdinand de Lesseps
SAS au capital social de 200 000 €
RCS BORDEAUX B 456 201 722
SIRET 456 201 722 00026
N° TVA : FR71456201722
General terms and conditions
1 | Purpose
The purpose of these general terms and conditions is to define the modalities and conditions of use of the services offered on the application (hereafter: the “Services”), as well as to define the rights and obligations of the parties within this context. These terms and conditions are available at any time on the page “Terms and conditions” on the application. They may be supplemented, where necessary, by terms and conditions specific to certain Services. In case of contradiction, the specific terms take precedence over the general terms and conditions.
2 | Users of the Services
3 | Access to the site and the services
The services are accessible, subject to the restrictions specified in the application:
• To all natural persons with the full legal capacity to commit to the present general terms and conditions. Natural persons who do not have full legal capacity may only access the Site and the Services with the agreement of their legal representative;
• To all legal persons acting through the intermediary of a natural person with the full legal capacity to contract in the name of the legal person.
4 | Acceptance of the terms and conditions
The acceptance of these terms and conditions is automatic once the application is installed, and the use of the application constitutes acceptance of the terms and conditions. This acceptance can only be full and unconditional. Any incomplete commitment is considered to be null and void. A User who does not accept to be bound by these terms and conditions may not use the Services.
5 | Description of the services
The User has access to the Services described in the application, in the form of and according to the features and technical means that Lamothe-Abiet deems to be the most appropriate.
6 | Cost of the services
The Services are provided free of charge.
7 | Data
The User recognizes and expressly agrees that the data gathered on the application and on Lamothe-Abiet’s computer equipment reflect the reality of the transactions entered into in the context of this document.
8 | User obligation
Without prejudice to other obligations stipulated in this document, the User agrees to respect the following obligations:
8.1 The User agrees, in their use of the Services, to respect current laws and regulations and not to violate third-party rights or public order.
8.2 The User acknowledges that they are aware of the characteristics and constraints of the application, especially of a technical nature, for all of the Services. The User is solely responsible for their use of the Services.
8.3 The User agrees that the Services are used strictly for personal purposes. The User is therefore prohibited to cede, grant or transfer in any way all or part of their rights or obligations under these terms and conditions.
8.4 The User agrees to provide Lamothe-Abiet with any necessary information for the good performance of the Services. More generally, the User agrees to actively cooperate with Lamothe-Abiet for the full compliance with these terms and conditions.
8.5 The User acknowledges that the Services offer them an additional solution which are not an alternative to the resources already used elsewhere to attain the same objective, and that this solution is no substitute to these other resources.
8.6 The User must take the necessary measures, using their own means, of saving information that they judge necessary, of which no copy may be provided to them.
9 | Warning
The Lamothe-Abiet application is an online and mobile provider for the access to content relating to enology. The information provided by this tool are given for information purposes only according to current knowledge. It does not replace the advice of your enologist, specifically adapted to your situation. The conditions of use of these products should respect the current legislation and standards. Lamothe-Abiet declines all responsibility linked to the use of this tool. The advice and other elements of the application or of the site are designed to help the user in decision-making. We can not be held responsible for any measure or action taken because of our advice and content, or reading or hearing them, or after using our services. Specifically, to the extent that it is permitted by law, we give no guarantee as to the accuracy, comprehensiveness or relevance (for whatever it may be) of advice or information published in our services.
10 | User’s guarantee
The User guarantees Lamothe-Abiet against any claims, demands and/or actions that Lamothe-Abiet may undergo due to the violation, by the User or whoever else, of their obligations or guarantees in respect to these terms and conditions. The User agrees to indemnify Lamothe-Abiet from any damage suffered and to pay for any costs, charges and/or penalties sustained as a consequence.
11 | Prohibited conduct
11.1 It is strictly forbidden to use the Services for the following purposes:
• Participation in illegal or fraudulent activities or those that prejudice the rights or security of third parties,
• Harming public order or violating current laws and regulations,
• Intrusion into a third party’s IT system or any activity that may harm, control, interfere or intercept all or part of a third party’s IT system, violating its integrity or security.
• Sending spam and/or marketing prospection or solicitation emails,
• Actions aimed at improving the search engine indexing of a third party website,
• Aid or inducement, under whatever form or means, to one or several of the acts and activities described above,
• And, more generally, any practice that misappropriates the Services for uses other than those for which they were designed.
11.2 Users are strictly prohibited from copying and/or using for their own purposes, or for those of a third party, the concepts, technologies or any other element of Lamothe-Abiet’s application or website.
11.3 The following are also strictly prohibited:
• Any behaviours that interrupt, suspend, slow down or hinder the continuity of the Services,
• Any intrusions or attempted intrusions into Lamothe-Abiet’s systems,
• Any misuse of the site system resources,
• Any actions that impose a disproportionate load on the infrastructures of the site system resources,
• Any breaches of the security and authentication measures,
• Any acts that violate the rights and financial, commercial or moral interests of Lamothe-Abiet or the users of its site; and finally more generally,
• Any breaches of these terms and conditions.
11.4 It is strictly prohibited to seek payment for, to sell or grant total or partial access to the Services or to the site, as well as the information that they contain and/or share.
12 | Sanction for noncompliance
In the case of noncompliance to any one of the provisions in these terms and conditions, or more generally, if a User breaks any current laws or regulations, Lamothe-Abiet reserves the right to take any appropriate measures, and in particular to:
• Suspend or revoke access to the Services from the User who has committed a breach or infraction, or has participated in one,
• Delete any information put online on the application,
• Publish on the application any information message that Lamothe-Abiet may judge useful,
• Alert all appropriate authorities,
• Undertake legal action
13 | Lamothe-Abiet’s responsibility and guarantee
13.1 Lamothe-Abiet undertakes to provide the Services with due diligence, bearing in mind that Lamothe-Abiet has an obligation of means, exclusive of performance obligations, which the Users acknowledge and expressly accept.
13.2 Lamothe-Abiet undertakes to make regular checks on functioning and accessibility of the website. In light of this, Lamothe-Abiet reserves the right to temporarily interrupt access to the application or to the site for maintenance. Lamothe-Abiet refuses any responsibility for inability to or difficulties in accessing the site which are due to force majeure, circumstances outside of their control, or disruptions in the telecommunications network.
13.3 Lamothe-Abiet does not guarantee Users that:
• the Services, which undergo continual research to improve in particular performance and progress, are totally free of errors, defects or faults,
• the Services, which are standard and not offered solely for any given User for their own personal constraints, meet the User’s needs and expectations.
13.4 In any case, the responsibility that Lamothe-Abiet may incur under these terms and conditions is expressly limited to the direct, proven damages endured by the User.
14 | Intellectual property
The systems, softwares, structures, infrastructures, databases and content of any type (text, images, artwork, music, logos, branding, databases, etc…) used by Lamothe-Abiet within its site and application are fully protected by current intellectual property right laws or by database producer right laws. Any disassembly, decompilation, decryption, extraction, reusing, copying and, more generally, any reproduction, representation, dissemination and use of any of these elements, in whole or in part, without the permission of Lamothe-Abiet are strictly prohibited and may result in legal action.
15 | Personal data
The confidentiality of our members’ information is very important to us and we will do our utmost to preserve it. For this reason, we guarantee a level of data protection that meets current EU standards.
16 | Advertising
Lamothe-Abiet reserves the right to include on any page of the application, and in any communication to the Users, advertising or promotional messages in any form and in any condition that Lamothe-Abiet alone chooses.
17 | Links and third-party sites
Lamothe-Abiet can not, in any circumstance, be held responsible for the technical availability of third-party websites or mobile applications (including any of our partners) to which the User may access via the website or application. Lamothe-Abiet can not be held liable for the contents, advertisements, products and/or services available on these websites and mobile applications, which are governed by their own terms and conditions. Furthermore, Lamothe-Abiet is not responsible for any transactions undertaken between the User and any advertiser, professional or salesperson (including any of our partners) towards whom the User may be directed via the website. Lamothe-Abiet can not, under any circumstances, be made part of any lawsuits with third-parties, regarding in particular the delivery of products and/or services, guarantees, declarations and any other obligations which the third-party hold.
18 | Duration of services, unsubscription
The Services are subscribed to for indefinite period. The User can unsubscribe from the Services at any time by uninstalling the web application.
19 | Modification
Lamothe-abiet reserves the right to modify these terms and conditions at any time. The continued use of the services by the User after these modifications indicates their acceptance of these changes. The User who does not accept the modified terms and conditions must unsubscribe from the Services according to the terms described in article 18. Any User who uses the Services after the entry into force of the modified terms and conditions is deemed to have accepted these modifications.
20 | Language
Since these terms and conditions have been translated from French into English, the language of interpretation shall be the French version, in the event of contradiction or dispute over the meaning of a term or a provision.
21 | Applicable law and jurisdiction
These general terms and conditions are governed by French law. In the event of dispute over the validity, interpretation and/or execution of these general terms and conditions, the parties agree that law courts of Bordeaux are exclusively competent to judge over them, except in the case of contrary binding procedural rules.
22 | Entry into force
These general terms and conditions enter into force 1 April 2017.