General terms and conditions of use of the Website
Article 1: General information
Corporate name AKANEA Développement
Legal Form Société par Actions Simplifiée (SAS or Simplified joint stock company)
Share capital 623 434 €
Registered Office ZAC du bois des Côtes – 304 Route Nationale 6 – CS 30139 – 69578 Limonest Cedex
RCS/SIREN RCS Lyon 330 573 775
SIRET 330 573 775 00203
Intra-community VAT FR 30 330 573 775
Telephone Number +33 (0)9 72 72 23 62 / Fax +33 (0)4 78 35 12 12
Publication Director Philippe Grassi
Hosting OVH OVH – SAS with a capital of €10,000,000 – RCS Roubaix-Tourcoing 424 761 419 00045 – 2 rue Kellermann 59100 Roubaix.
CNIL references 1243773
Designed by AKANEA Développement
Article 2 : Website
Article 2.1 : Access prerequisite
Access to this Website requires an Internet connection and hardware equipment, which remain the exclusive responsibility of the user.
Article 2.2 : Property of the Website
This Website is the property of the AKANEA Développement Company, SAS with a capital of €623,434, registered with the Lyon trade and companies register under number 330 573 775, with a registered office at: ZAC du bois des Côtes – 304 Route Nationale 6 – CS 30139 – 69578 Limonest Cedex. France
Article 2.3 : Acceptance of these terms and conditions
The term “Website” refers to the website accessible to any user and any user of the customer portal, when relevant, who is the lawful holder of a licence to use one of AKANEA Développement’s software packages.
The use of the Website implies the unreserved acceptance of the general terms and conditions of use of this website. Consequently, the user acknowledges having read these terms and undertakes to respect them. As these terms and conditions of use are likely to be modified or completed at any time and without specific notice, website users are invited to check them regularly.
Article 2.4 : Data protection provisions
In accordance with the provisions of the Informatique, fichiers et libertés Law of 6 January 1978 (French Data Protection Law), the automatic processing of personal data carried out from the “www.akanea.com” Website is subject to a declaration to the Commission Nationale de l’Informatique et des Libertés (CNIL - French Data Protection Authority).
Users are notably informed that, in accordance with the provisions of the Informatique, fichiers et libertés Law of 6 January 1978, the information communicated by users via the forms featured on the Website is necessary to respond to their request, and is intended for the Website’s operator in charge of processing, for administrative and commercial management purposes. It may, unless objected to on legitimate grounds by the user concerned, be communicated to its partners, in accordance with article 38 of the Informatique, fichiers et libertés Law of 6 January 1978. Users are also informed that they have a right to access and rectify their personal data by writing to the operator of the Website at the following address: AKANEA Développement, Marketing Department, ZAC du bois des Côtes – 304 Route Nationale 6 – CS 30139 – 69578 Limonest Cedex - France or the following email address firstname.lastname@example.org.
The data shall be retained for the duration of the business relationship with the user. In the absence of business relationships, the data shall be deleted two years after the last time the user logged in.
Article 2.5 : Website access conditions
Users of the “www.akanea.com” Website acknowledge having verified that the computer configuration used contains no virus and is in perfect working order.
Users of the Website acknowledge having the required skills and resources to access and use this Website.
Users acknowledge having been informed that the “www.akanea.com” Website is accessible 24 hours a day, 7 days a week, except in cases of force majeure, computing difficulties, structural difficulties relating to telecommunication networks or technical difficulties, without the AKANEA Développement Company being held liable.
For maintenance reasons, the AKANEA Développement Company may interrupt access to its Website and shall endeavour to give users prior notice, without the AKANEA Développement Company being held liable.
While the AKANEA Développement Company makes every effort to provide users with available and verified information and/or tools, it shall not be held liable for errors, unavailability of information and/or any viruses present on its Website.
The information provided by the AKANEA Développement Company is solely for informative purposes. The AKANEA Développement Company cannot guarantee that the information displayed on its Website is accurate, complete or up-to-date. Consequently, users acknowledge that they are solely responsible for the use of this information.
Article 2.6 : Intellectual Property
The overall structure, as well as the software, texts, animated or still images, sounds, graphics and all other elements making up this Website, notably services and products, are the exclusive property of the AKANEA Développement Company, and/or elements over which the AKANEA Développement Company has rights, notably rights of use allowing their dissemination and communication.
As a result, any total or partial reproduction or representation, including via hypertext links, of this Website or its elements, by any process whatsoever, is formally prohibited unless otherwise expressly indicated on the Website that partial reproduction of certain elements is authorised. This representation or reproduction, by any process whatsoever, constitutes an infringement subject to penalty under articles L.335-2 et seq of the French Intellectual Property Code.
The AKANEA Développement brand is a registered trademark. Any total or partial reproduction of the AKANEA Développement trademark without the prior express consent of the AKANEA Développement Company is therefore prohibited.
All product or company names mentioned in in this Website which do not belong to AKANEA Développement have been registered by their respective owners.
Article 2.7 : Hypertext links
Finally, the AKANEA Développement Company shall not be held liable for the hypertext links to other Internet resources placed on this Website.
The users of and visitors to the Website cannot establish a hypertext link to this Website without the prior and express consent of the AKANEA Développement Company. The perpetrator of the violation may be held liable for failing to comply with this provision. They may also be required to immediately delete the hypertext link they have established.
Article 2.8 : Applicable law
The content of the “www.akanea.com” Website is governed by French law, both in relation to form and substance.
Article 2.10 : Cookies
Users should however be aware that this deactivation can prevent the use of the Website or certain functionalities thereof.
Article 3 : Customer Area
Article 3.1 : Legal notices
All indications mentioned in article 1 hereunder apply.
Article 3.2 : Property of the Website
This Website belongs to AKANEA Développement and is operated by AKANEA Développement. The presentation and every element, including trademarks, logos and domain names featured on the Website, are protected by applicable intellectual property laws, and belong to AKANEA Développement or have been authorised for use.
Article 3.3 : Intellectual Property
Without prejudice to the rights granted to the users who signed a specific agreement with AKANEA Développement, allowing them to access one or more downloadable contents, none of the elements from the Website may be copied, reproduced, modified, republished, uploaded, distorted, transmitted or distributed in any way, on any medium whatsoever, in part or in full, without the prior written consent of AKANEA Développement, with the exception of a single copy you are authorised to make for your own personal, private and non-commercial use, on your personal computer, subject to respect of intellectual property rights and any other proprietary rights mentioned. The following must notably feature on any copy of all or part of the Website content: “Copyright AKANEA Développement - All rights reserved”.
AKANEA Développement reserves the right to take legal action against any infringement of its intellectual property rights.
Article 3.4 : Data Protection
By virtue of the Informatique et libertés law of 6 January 1978 (French Data Protection Act), you have the right to modify or delete your personal data collected on the Website. If you wish to exercise this right, please write to AKANEA Développement, ZAC du bois des Côtes – 304 Route Nationale 6 – CS 30139 – 69578 Limonest Cedex - France or email the following address: email@example.com.
In all cases, do not forget to mention your exact contact details.
Article 4 : hypertext links
The Website may contain hypertext links to other Websites which are not operated by AKANEA Développement. You are informed and you agree that AKANEA Développement is not responsible for the unavailability of these Websites, and that AKANEA Développement does not review, control, approve nor is responsible for any content, advertisements, products or other elements available on or via these Websites. Consequently, the use of a link to another Website is under your sole responsibility.
External Websites may contain hypertext links to the Website. Such a link may not be installed without the prior and express consent of AKANEA Développement. Anyone installing such a link without the prior and express consent of AKANEA Développement is likely to be held liable. The AKANEA Développement Company shall also be entitled to demand the immediate deletion of this hypertext link.
Article 5 : Statistics
Article 6 : Information available on the Website
AKANEA Développement makes every possible effort to ensure that the information published on the Website is accurate and up-to-date, and reserves the right to modify the content thereof at any time and without prior notice. However, AKANEA Développement cannot guarantee the correctness, accuracy, currency or exhaustiveness of the information provided on the Website.
Should the Website propose expert opinions concerning a particular area in relation to the content of the Website or extracts from press articles, this information only represents the opinion of the respective expert or newspaper, and not necessarily that of AKANEA Développement. Such experts are not employees of AKANEA Développement and do not receive any compensation from AKANEA Développement for the use of their opinion. AKANEA Développement is not responsible for the accurateness and exhaustiveness of the information and opinions contained in such elements. Expert opinions reflect a personal vision and shall never be interpreted as representing the opinion or responsibility of AKANEA Développement.
Anything downloaded from the Website is under your sole responsibility. AKANEA Développement shall not be considered responsible for any defect or damage of any kind whatsoever which may occur during the downloads.
Article 7 : Website availability
You acknowledge that it is technically impossible to provide this Website free of all flaws and that AKANEA Développement cannot undertake to do so, that flaws may result in the temporary unavailability of the Website, and that the Website’s operation may be affected by events and/or elements beyond the control of AKANEA Développement, such as means of transmission and communication between yourself and AKANEA Développement, and between AKANEA Développement and other networks. AKANEA Développement and/or its suppliers may, at any time, temporarily or permanently modify or interrupt all or part of the Website to carry out maintenance operations and/or improvements and/or modifications on the Website. AKANEA Développement is not responsible for any Website modification, suspension or interruption.
Article 8 : User’s responsibilities
When a user uses the Website in breach of applicable laws, third parties’ rights (including intellectual property rights such as trademarks or copyright), or AKANEA Développement’s rights, said user shall be held solely liable for any damage arising out of such a breach. Users shall be held liable for all financial consequences of any actions, claims, demands or oppositions from anyone claiming an intellectual property right over content, unfair and/or copycat competition, and/or breach of the Press Act, which they may cause.
Unless it has been duly informed of the existence of illegal Content in the sense of the applicable legislation, and has failed to act promptly to remove said content, AKANEA Développement cannot be held liable for the Content or actions (or lack thereof) of users.