GENERAL TERMS AND CONDITIONS OF USE
ARTICLE 1 – Subject
These General Terms and Conditions of Use (hereinafter referred to as the “GT&C”) are intended to apply exclusively between the company IRFTS, such as defined below, and any internet user wishing to access the Website and/or use the Services (hereinafter referred to as the “User”). The GT&C are supplemented by IRFTS’s Charter For The Protection Of Privacy And Confidentiality such as defined below and which forms an integral part of these GT&C.
The Use of the Website and/or the Services is conditional upon acceptance of these GT&C. Upon accessing the Website, the User must click on “I accept the General Terms and Conditions of Use”. Acceptance of the GT&C is integral and forms an indivisible whole and the User cannot choose to have only some of the GT&C applied or cannot express reservations. Acceptance of the GT&C by right implies acceptance of the Charter For The Protection Of Privacy And Confidentiality.
ARTICLE 2 – Legal information
The Website is operated by the INSTITUT DE RECHERCHE FONDAMENTALE EN TECHNOLOGIES SOLAIRES – IRFTS, a Société par Actions Simplifiée with share capital of 262,800 euros whose registered offices are located 7 chemin de la Ville in MEYLAN (38240) and registered with the Trade and Companies register number 510 335 128 R.C.S. GRENOBLE (hereinafter “IRFTS”). EU VAT number: FR76510335128.
The Publication Director is Mr. Julien AUBENAS.
The Website is hosted by OVH, a Société par Actions Simplifiée (Simplified joint-stock company) with share capital of 10,069,020 euros whose registered offices are located 2 rue Kellermann – 59100 Roubaix – France and that is registered with the Trade and Companies register under the number 424 761 419 R.C.S. LILLE METROPOLE.
ARTICLE 3 – Definitions
The terms in these GT&C have the meaning given in the following definitions:
||any article in these GT&C
||has the meaning given to it in Article 1 herein
|“Charter For The Protection Of Privacy And Confidentiality”
||has the meaning given to it in Article 9.
||any information related to an identified or identifiable natural person (hereafter referred to as a “data subject”); is deemed to be an “identifiable natural person” who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more elements specific to his/her physical, physiological, genetic, psychological, economic, cultural or social identity
||has the meaning given to it in Article 2 herein
||refers to IRFTS’s periodic newsletter in electronic format providing in particular news about IRFTS, the market, special offers, upcoming events or product news in the field of solar energy
||has the meaning given to it in Article 4 herein
||refers to IRFTS’s website accessible at the address “https://fr.irfts.com”
||has the meaning given to it in Article 1 herein
For the purposes of these GT&C, the plural form of a term or expression, defined in the singular (and vice versa), will have the same meaning as that given in the definition concerned.
ARTICLE 4 – Access to Services
The Website provides the User with free-of-charge access to the following services:
- Technical and commercial documentation on IRFTS’s products including in particular but not solely, catalogues, product data sheets, assembly guides and videos;
- Presentation of IRFTS’s distribution networks all over the world;
- Presentation of projects performed with IRFTS products;
- Signing up for training workshops;
- Declaring the installation of an “EASY ROOF EVOLUTION” system;
- Signing up to the IRFTS Newsletter;
- Asking to enter into contact with IRFTS.
The Website is accessible free of charge in any location to any User having an access to the internet. All costs borne by the User to access the Website (computer hardware, software, Internet connection, etc.) are at his/her expense.
Access to the Website and/or to the Services may be interrupted, suspended or modified without notice at any time for maintenance or any other purpose.
The User can contact the Website by email at the following address “firstname.lastname@example.org”.
ARTICLE 5 – Description of the “Training” service
Any User who accesses the “Training” Service can fill in a form to apply for theoretical and hands-on training workshops organised by IRFTS.
ARTICLE 6 – Description of the “Report my installation” service
Any User who accesses the “Report my installation” Service can fill in a form to report the acquisition of the “EASY ROOF EVOLUTION” system for statistical purposes and to control the quality of the components installed on the roof.
ARTICLE 7 – Description of the “Newsletter” service
Any User who accesses the “Newsletter” Service can fill in a form to sign up to the IRFTS Newsletter.
Signing up to the IRFTS Newsletter requires going through the double opt-in procedure which needs personal confirmation from the User by email.
If the User no longer wishes to receive the IRFTS Newsletter he/she may go back on the consent at any time with future effect by using the unsubscribe link in each IRFTS Newsletter or by sending a message to the address: email@example.com
ARTICLE 8 – Description of the “Contact us” service
Any User who accesses the “Contact us” Service can fill in their contact details in a form if they wish to be contacted by IRFTS.
ARTICLE 9 – Intellectual property
The Website and all its content, in particular and without this list being exhaustive: brands, logos, graphic guidelines, etc. (hereinafter referred to as “Content”) are the property of IRFTS and are protected by intellectual property laws currently in force in France.
As such, only the use of the Content for private purposes is authorised. The use of the Content for commercial purposes is strictly forbidden.
The User must seek prior and specific authorisation from IRFTS for any reproduction, publication or copy of any Content items.
ARTICLE 10 – Personal Data
ARTICLE 11: Guarantees and liability
11.1 User guarantees
By accessing the Website, the User declares and guarantees in particular that he/she:
- Acknowledges that the Website is accessible to him/her “as is” and is dependent on availability without any guarantee of such availability being provided by IRFTS;
- Shall refrain from claiming any compensation on the grounds of any interruption, suspension or modification to the Website;
- Takes full responsibility for using the Website and the Services;
- Shall refrain from accessing and/or using the Services for unlawful purposes and/or for the purpose of causing a prejudice to IRFTS’s reputation and image and, more generally, shall refrain from infringing in particular on the intellectual property rights of IRFTS and/or any other third party;
- Shall refrain from reusing all or part of the Website in particular for commercial and/or collective purposes and/or for personal purposes in a form and/or on a media not authorised by IRFTS.
IRFTS waives any liability with respect to the quality and compatibility of the Services for a specific usage, for abrupt interruptions to the Website, and for any bugs or viruses on the Website.
In any case, IRFTS shall not be liable:
- in cases of force majeure within the meaning of article 1218 of the French Civil Code;
- in the event of use of the Services by a User in conditions that do not comply with the terms of these GT&C;
- within the limits of the law in force, for any consequential losses including loss of profits, margin, custom, data, or more generally any other loss of intangible assets, image or reputation loss and this even if IRFTS was informed of the possibility of such losses arising out of the use of or the inability to use the Services;
- for any malfunctioning of any kind whether this be related to an interruption, suspension or malfunction of the Website, to the presence of bugs or viruses on the Website, to any loss resulting from fraudulent use by a third party having the consequence of changing information made available on the Website, to the User’s internet connection and more generally to the Services.
ARTICLE 12 – Changes to the GT&C
IRFTS reserves the right to modify these GR&C at any time and in particular when the features and/or the Services on the Website are upgraded.
Any new version of the GT&C will firstly be indicated on the Website’s home page and must be accepted by the User in the same conditions as those set out in the second paragraph of Article 1 of these GT&C.
ARTICLE 13 – Partial invalidity
In the event of one or more stipulations in these GT&C being ruled to be null and void, deemed to not have been written or declared as such by virtue of any law or regulation, the other stipulations shall conserve all their validity and force and shall remain fully applicable, unless the said invalid stipulation(s) are of a substantial nature and their removal jeopardizes the contractual equilibrium of the GT&C.
ARTICLE 14: Applicable law and jurisdiction.
The GT&C are governed by French law.
Failing a prior out-of-court resolution, any dispute regarding the validity, interpretation, execution, termination or cessation of these GT&C, shall be exclusively referred for judgement to the Grenoble courts.
Last General Terms and Conditions of Use update on 26/11/18