General Terms and Conditions of Use of the Enyter website
Date of last change: July 27, 2021
The purpose of these General Terms and Conditions of Use is to define the terms of access and the conditions of use of the www.enyter.com website.
Article 1 – LEGAL NOTICE
This website, accessible at the URL www.enyter.com (the “Website”), is published by Enyter.
Enyter is a French simplified joint stock company (SAS) registered in the Nanterre Trade and Companies Register under number 522778448 and whose registered office is at 41-43 rue Camille Desmoulins 92130 Issy les Moulineaux, represented by Marie-Hélène Mondi
The Provider’s intra-community VAT number is FR71522778448.
The contact details of Marie-Hélène Mondi, the Website publication manager, are shown below:
41-43 rue Camille Desmoulins 92130 Issy les Moulineaux France
+33 (0) 1 30 84 08 18
The Website is hosted by OVH, a simplified joint stock company (SAS) whose registered office is at 2 rue Kellermann – 59100 Roubaix – France. OVH is registered in the Lille Métropole Trade and Companies Register under number 424 761 419 00045.
Article 2 – DESCRIPTION OF THE WEBSITE AND ASSOCIATED SERVICES
The Website is available to any person accessing it (the “User”) for the presentation of national and international professional mobility services.
The Website is not a commercial website and does not offer any remote commercial transactions.
The User remains responsible for the terms and consequences of their access to the Website, in particular via the Internet. This access may involve paying fees to technical service providers, such as internet service providers in particular, which remain at their expense. In addition, the User must provide and be fully responsible for the equipment needed to connect to the Website.
Users acknowledge that they have checked that the IT configuration they use is secure and in working order.
The information and services provided by the Website are free, and accessible 24/7, except in cases of force majeure, computer failures, maintenance operations or problems related to telecommunications networks.
Article 3 – CONTRACTUAL LIMITATION ON DATA
Information contained on this website is as accurate as possible and the website is updated throughout the year, but may still contain inaccuracies or omissions. If you notice a deficiency, error or what appears to be a malfunction, please report it by email to firstname.lastname@example.org, describing the problem as accurately as possible (page causing a problem, type of computer and browser used, etc.).
Any content is downloaded at the user’s own risk and under their sole liability. Consequently, [Enyter] shall not be held liable for any damage to the user’s computer or any loss of data following a download. In addition, the website user agrees to access the website using recent equipment which does not contain viruses and with an up-to-date latest generation browser.
Hyperlinks on this website leading to other resources on the Internet are not the responsibility of Enyter.
Article 4 – INTELLECTUAL PROPERTY AND LICENCE TO USE THE WEBSITE
All content on the www.enyter.com website, including, but not limited to, graphics, pictures, texts, videos, animations, sounds, logos, designs, models, software, brands, visual identity, database, structure of the Website and all other elements of intellectual property and other data or information, gifs and icons, and their formatting (hereinafter, the “Elements”), are the exclusive property of the company, with the exception of trademarks, logos or content belonging to other partner companies or authors.
Consequently, any reproduction, distribution, modification, adaptation, broadcasting or publication, even partial, of these elements is strictly forbidden without the express written consent of Enyter. Such representation or reproduction, by any means whatsoever, therefore constitutes an infringement punishable by Articles L.335-2 et seq. of the French Intellectual Property Code. Failure to comply with this prohibition constitutes an infringement that may result in the civil and criminal liability of the perpetrator. In addition, the owners of the copied Content could take legal action against you.
Article 5 – LIABILITIES AND WARRANTIES
This website (including, without limitation, its content or any part thereof) contains general information only and we do not provide any professional advice or services through this website. You should consult a qualified professional advisor before taking any decision or action that may affect your financial or business situation.
This website is made available as is, and we make no express or implied warranty or representation in relation to its content. Notwithstanding the foregoing, we do not guarantee the security or absence of errors, viruses or malware on this website or its compliance with defined performance or quality criteria. In particular, the use of the Website may be temporarily interrupted for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation.
We expressly disclaim any implied warranty, including, without limitation, any relating to marketing, title, suitability for a particular objective, absence of infringement, compatibility, security or accuracy.
You use this website at your own risk and assume the responsibility and risks resulting from such use, including, without limitation, in terms of lack of service or loss of data.
Enyter cannot be held liable for the use made of the Website and its services by Users in violation of these General Terms and Conditions or for any direct or indirect damage such use could cause to a User or to a third party. In particular, Enyter cannot be held liable for false statements made by a User and for their behaviour towards third parties. In the event that Enyter’s liability is sought for such behaviour by one of its Users, the latter undertakes to guarantee Enyter against any sentence pronounced against it, and to reimburse Enyter for all costs, including lawyers’ fees, incurred in its defence.
Article 6 – PERSONAL DATA
As a general rule, you are not required to disclose any personal data when you visit our website www.enyter.com
However, there are some exceptions to this principle. For certain services offered by our website, you may be asked to provide some information, such as your name, profession, company name, email address and phone number. This is the case when you fill out the online form in the “Contact us” section, or when you wish to connect to your “personalised assignment tracking space”. In all cases, you may refuse to provide your personal data. In this case, you will not be able to use the services of the website, particularly to request information about our company or to receive newsletters.
Finally, we may automatically collect certain information about you while you visit our website, including: information regarding the use of our website, such as the pages you visit and the services you access, your IP address, your type of browser or your access time. Such information is used exclusively for internal statistics, to improve the quality of the services offered. The databases are protected by the provisions of the French Law of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
To find out more about our policy on collection, processing and archiving of personal data, please refer to our Personal Data Privacy Notice. (Note from MJB: insert a link to the Privacy Notice/Policy)
Article 7 – HYPERTEXT LINKS
The hypertext links available on the Website may redirect to third-party sites not published by Enyter. They are provided solely for the User’s convenience, to facilitate the use of resources available online. If the User uses these links, they will leave the Website and will then agree to use third-party websites at their own risk or, where applicable, in accordance with the conditions which govern them.
The User acknowledges that Enyter does not control or contribute in any way to drawing up the terms and conditions of use and/or the content applicable to or appearing on these third-party websites.
Consequently, Enyter cannot be held liable in any way whatsoever for these hypertext links.
In addition, the User acknowledges that Enyter cannot endorse, guarantee or take over all or part of the terms and conditions of use and/or the content of these third-party websites.
The Website may also contain promotional hypertext links and/or advertising banners redirecting to third-party websites not published by the Operator.
Enyter asks the User to notify it of any hypertext link on the Website which allows access to a third-party website offering content contrary to law and/or morality.
The User may not use and/or insert a hypertext link pointing to the website without the prior written consent of Enyter on a case-by-case basis.
Article 8 – GENERAL PROVISIONS
ENTIRE AGREEMENT OF THE PARTIES
These General Terms and Conditions of Use constitute a contract governing the relationship between the User and Enyter. They constitute all of the rights and obligations of Enyter and the User relating to their purpose. If one or more provisions of these General Terms and Conditions of Use are declared invalid in application of a law or regulation or following a final decision of a competent court, the other provisions will retain their full force and scope. In addition, the fact that one of the parties to these General Terms and Conditions of Use does not invoke a breach by the other party of any provision of these General Terms and Conditions of Use cannot be interpreted as a waiver on its part to invoke such a breach in future.
MODIFICATIONS OF THE TERMS AND CONDITIONS OF USE
Enyter reserves the right to modify the content of the Website or the services available on it at any time and without notice, and/or to temporarily or permanently cease to operate all or part of the Website.
In addition, Enyter reserves the right to modify the location of the Website on the internet at any time and without notice, as well as these General Terms and Conditions of Use. The User is therefore required to refer to these General Terms and Conditions of Use before using the Website. In the event of material modifications, the User will be informed by means of an email and a warning on the Website before implementing the modification.
The User acknowledges that Enyter cannot be held liable in any way whatsoever towards them or any third party as a result of such modifications, suspensions or terminations.
COMPLAINTS – APPLICABLE LAW
Both this website and the terms and conditions of its use are governed by French law, whatever the place of use. In case of any dispute, and after the failure of an attempt to find an amicable solution, the French courts of the place where the head office of Enyter is located will have sole jurisdiction to hear the dispute.
The language of reference for the settlement of any disputes is French.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE USER
If the User decides to visit the Website, these General Terms and Conditions of Use will automatically apply to their use of the Website. The User therefore acknowledges having read the General Terms and Conditions of Use prior to using the Website, and accepts them without reservation.
The General Terms and Conditions of Use applicable to the User are those posted on the Website. The Website will indicate to the User that these general terms and conditions have been modified, and the User will have to refer to the “T&Cs” section to check the general terms and conditions in force at the time of connection.