These General Terms of Use (hereinafter "GTU") aim to establish the terms of use of the services (hereinafter referred to as "the Services") offered on the website accessible at the URL https://keyfero.com/ (hereinafter "the Site").
Any person accessing the Site, regardless of their status (individual or professional), the location, the means of connecting to the Site and Applications, the purpose and the objective of their access to the Site and Applications and/or the use of the Services, is a user (hereinafter "the User").
ARTICLE 1: ACCEPTANCE OF GENERAL TERMS OF USE
The User is presumed to know and accept, without reservation, all of the GTU by the mere fact of their connection to the Site, regardless of the digital reception terminals used. The GTU apply concurrently with the General Terms of Sale, the Policy on Personal Data, and Cookies, and any variation or extension of the Site on existing or future social and/or community networks.
The User is advised not to connect to the Site or use the Services if they do not accept all or part of the documents mentioned above.
The Publisher may modify the terms of the GTU at any time. The User is expressly informed that the current version is the one posted online on the date of their access to any of the Services, which the User acknowledges and accepts without restriction, committing to refer to it systematically at each connection.
ARTICLE 2: ACCESS TO SERVICES AND SUSPENSION OF SERVICES
2.1. Site Availability
The Publisher commits to make its best efforts to ensure uninterrupted access and operation of the Site and Applications. However, the Publisher cannot be held liable for temporary unavailability of the Site, and Services in case of maintenance of the Site, or the servers on which they are hosted, in the event of external events beyond its control and due to force majeure.
2.2. Suspension of Access
The Publisher reserves the right to suspend access to the Services in case of loss, theft and/or use of the User's identification data of which the latter has informed it, in case of non-compliance with the provisions of these, in case of maintenance operations. The Publisher's liability cannot be engaged due to these interruptions and the consequences that may result for the User.
2.3. Online Store - Hosting
Any new feature or tool added to the current store will also be subject to the Terms of Use. You can review the most recent version of the terms of use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly to keep informed of changes. Your continued use or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
When you create an account in our Online Store, the terms of use and all aspects relating to Products, Services, Prices, billing or information about the accounts are stipulated in our General Terms of Sale (“GTS”) which we invite you to consult.
As part of the Use of the Online Store and the account(s) created in our Online Store, we are required to collect data that is subject to our Privacy Policy, which we also invite you to consult.
2.4. Third-Party Tools and Links We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
ARTICLE 3: USER COMMITMENTS
3.1. User Behavior and Commitments
The Site and the information published on it are reserved for:
Access to the online store; Uses strictly reserved for the private and non-commercial use of the User and not intended for collective use, whether free or paid; Consultation of information by means of the automated data processing system of the Publisher. The User declares to be at least the age of majority in their state or province of residence and that they have not given their consent to allow any of their minor dependents to use this site.
If, at our request, the User sends certain specific contributions (for example, contest entries) or even if we do not request it, the User sends creative ideas, suggestions, proposals, plans or any other material, whether online, by email, by postal mail or otherwise (collectively, “Comments”), the User agrees that the Publisher may, at any time, without restriction, edit, copy, publish, distribute, translate and use in any manner whatsoever any comments submitted by the User. However, the Publisher is not obliged to:
(1) keep Comments confidential;
(2) pay compensation for any Comments;
(3) respond to any Comments.
The Publisher may, but has no obligation to, monitor, edit or remove content that it considers, in its sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or infringing on the intellectual property of any party or these Terms of Use.
The User agrees that their Comments do not violate any rights of a third party, including copyright, trademark, privacy, personality, or any other personal or property right. Furthermore, the User agrees that their Comments do not contain any defamatory, illegal, abusive, or obscene content, nor any computer virus or other malware that could in any way affect the operation of the Service or any related website. The User may not use a false email address, pretend to be someone other than themselves, or mislead the Publisher or third parties as to the origin of any Comments. The User is solely responsible for the comments they make and their accuracy, which does not engage the Publisher's liability.
A violation of any of the Conditions will result in an immediate termination of the Services.
3.2. Non-compliance with GTU Any User who acts in fraud of these General Terms of Use is exposed to civil or criminal prosecution that punishes in particular infringements of copyright, related rights, rights of database producers, as well as automated data processing systems.
Criminal proceedings may be initiated on the basis of articles 323-1 and following of the Penal Code by the Publisher against the User who does not respect these provisions.
ARTICLE 4: PUBLISHER'S LIABILITY
The Publisher reserves the right to insert or allow any third party to insert advertising, promotional and/or Partnership messages in any area of the Services, without however intervening in the Comments.
ARTICLE 5: CONTACT
Any questions regarding the terms of use should be addressed to us at support@keyfero.com.
ARTICLE 6: SEVERABILITY
In the event that any provision of these General Terms of Use is deemed to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these General Terms of Use. This determination shall not affect the validity and enforceability of any other remaining provisions.
ARTICLE 7: EVIDENCE AGREEMENT
The Publisher and the User agree to communicate primarily electronically. These electronic communications are binding between the Publisher and the User and constitute admissible, valid, enforceable evidence.
ARTICLE 8: APPLICABLE LAW AND JURISDICTION
The failure of the User, regardless of their location, to comply with any of the provisions of these General Terms of Use and more generally any difficulty relating to its execution, interpretation or validity, are subject to French law and to French jurisdictions.
Last update of these General Terms of Use on December 1, 2023.
