Article 1 – Purpose
The purpose of the present conditions (hereinafter “the Conditions”) is to define the terms and conditions under which, on the one hand, the Publisher makes the Site available to its users and, on the other hand, the way in which the User accesses the Site. Any connection to the Site is subject to compliance with these Conditions.
By accessing the Site, the User accepts all of the Conditions described below.
Article 2 – Definitions
“The Host” refers to FIRSTCOM, a French company registered with the Marseille Trade and Companies Register under the Siren number 415 038 975 and whose registered office is at 66, rue Montgrand – 13006 Marseille – France.
“The Publisher” refers to ABYSSA, a French company registered with the RCS BAYONNE under Siren number 847 631 306.
“The Site” refers to abyssa.com
“User” refers to any person using the Site.
Article 3 – General Conditions of Use
The use of the site implies full and complete acceptance of the general conditions described below. They may change or be supplemented at any time, and users of the site are therefore invited to consult them regularly.
The purpose of the site is to provide information about all the company’s activities. Abyssa endeavours to provide information that is as accurate as possible. However, it cannot be held responsible for any omissions, inaccuracies or shortcomings in the updates, whether these are its own fault or that of its partners who provide the information. All information is given for information purposes only and is subject to change. Furthermore, the information on the abyssa.com website is not exhaustive and is subject to change since publication.
The website cannot be held responsible for any material damage linked to its use. The user of the site undertakes to access the site using recent, virus-free equipment and a latest generation browser.
ABYSSA may not be held responsible for direct and indirect damage caused to the user’s equipment when accessing the ABYSSA site, and resulting either from the use of equipment that does not meet the specifications indicated, or from the appearance of a bug or incompatibility.
ABYSSA may not be held responsible for indirect damage (such as loss of market or loss of opportunity) resulting from the use of the site.
ABYSSA is the owner of the rights of use for all the elements accessible on the site, in particular the texts, images, graphics, logos, icons, sounds and videos. Any reproduction, representation, modification, publication or adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited, except with the prior written authorisation of ABYSSA.
Interactive areas (possibility of asking questions in the contact area) are available to users. ABYSSA reserves the right to delete, without prior notice, any content placed in this space which contravenes the legislation applicable in France, in particular the provisions relating to data protection. Where applicable, ABYSSA also reserves the possibility of calling into question the civil and/or criminal liability of the user, particularly in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.).
The information provided in these spaces is not collected by ABYSSA, and the user provides this information with full knowledge of the facts when he/she enters it.
Attribution of jurisdiction: Any dispute relating to the use of the abyssa.com site is subject to French law. The competent courts of Bayonne have exclusive jurisdiction.
Main laws concerned: Law n° 78-87 of 6 January 1978, notably modified by law n° 2004-801 of 6 August 2004 relating to information technology, files and freedoms. Law n° 2004-575 of 21 June 2004 for confidence in the digital economy
Article 4 – Intellectual property rights
This Site and any software used in connection with this Site may contain confidential information protected by existing intellectual property or other laws. Therefore, unless otherwise indicated, the intellectual property rights on the documents contained in the Site and each of the elements created for this Site are the exclusive property of the Publisher, as the Publisher does not grant any license or any other right other than the right to consult to the Users. In particular, the trademarks and other intellectual property rights mentioned on the Site are the property of the Publisher.
The reproduction of all documents published on the Site is authorised solely for personal and private use. Any reproduction and any use of copies made for other purposes are expressly prohibited.
With regard to software, it is forbidden to copy, modify, create a derivative work, reverse engineer or assemble – or in any way attempt to find the source code (except as provided by law), sell, grant, sub-license, modify or transfer the ownership rights to the software.
It is also forbidden to modify the software or to use modified versions of the software, in particular but not exclusively with the aim of accessing the Site through another interface other than that provided by the Publisher.
Article 5 – Hyperlinks
The ABYSSA site contains a number of links to other sites, set up with the authorisation of ABYSSA. However, ABYSSA does not have the possibility of verifying the content of the sites thus visited, and consequently shall not assume any responsibility in this respect.
Consequently, the Publisher cannot be held responsible for these external sites or sources, and declines all responsibility for the content, advertising, products, services and any other material available on or from these external sites or sources.
Furthermore, the Publisher cannot be held responsible for any damage or loss, proven or alleged, resulting from the use of or having trusted the content, goods or services available on these external sites or sources.
Article 6 – Personal data
The Publisher undertakes to preserve the confidentiality of personal information and data provided by Users. Any provision of personal information and data to the Site by the User implies acceptance of the data protection policy described below. This data protection policy applies to all personal data provided by Users on the Site.
6.1 Information collected by the Editor and the recipients of this data
The Editor may collect, store and use the following types of personal information
a) information about the User’s computer and visits to the Site (including IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and navigation on the Site);
b) any information that the User communicates to the Publisher via the contact form.
The recipients of the information collected by the Publisher are the persons in charge of the marketing department, the sales department, the departments in charge of customer relations and prospecting, the administrative departments, the logistics and IT departments and their line managers.
6.2 Cookies
A cookie is a text file which, subject to the choices expressed by the User, is sent and temporarily recorded by a web server in a dedicated space on the hard disk of the User’s terminal (hereafter, a “Cookie”). A Cookie allows its sender to identify the browser of the User’s terminal for the duration of the validity of the Cookie concerned. Only the sender of the Cookie can read and modify the information contained in the Cookie.
When a User visits the Site, the Publisher may be required, subject to the choices made by the User resulting from the parameters of the browser software used when visiting the Site, to install various Cookies on the User’s terminal (computer, smartphone, tablet, etc.).
For more information on cookie management > Cookie management
6.3 Data security
The Publisher undertakes to put in place adequate measures to preserve the security and confidentiality of Users’ personal data, and to prevent it from being distorted, damaged, destroyed or accessed by unauthorised third parties.
The personal data provided by Users is stored on the Host’s secure servers.
However, the transfer of personal data over the Internet is inherently insecure and the Publisher cannot fully guarantee the security of the data thus sent. The Publisher therefore warns Users of the potential risks involved in the operation and use of the Site.
Article 7 – Responsibility of the Publisher
The Publisher makes reasonable efforts to include accurate and up-to-date information on the Site, but reserves the right to modify the content at any time without notice. The Publisher makes no warranties or representations as to the accuracy or completeness of the Site, including any Hyperlinks or other electronic links available directly or indirectly from the Site. It is the User’s responsibility to verify the accuracy of the information by auxiliary means, including contacting the Publisher directly.
Accordingly, the Publisher assumes no liability arising from:
- any inaccuracy or omission in the content of the Site
- any inaccessibility of the Site;
- any occurrence of a bug;
- any error relating to the content available on the Site;
- any damage resulting from fraudulent intrusion by a third party causing changes to the information contained on the Site
- any prejudice or damage caused by unauthorised or illicit changes to the content of the Site;
- more generally, any prejudice or damage, direct or indirect, and regardless of the cause, origin, nature or consequence, resulting from access or the impossibility of accessing the Site and/or from the use of the information made available directly or indirectly on the Site.
Article 8 – Modification of the Conditions
The Publisher reserves the right to modify, at any time and without prior notice, the present Conditions in order to adapt them to the evolution of the Site and/or its operation.
The Publisher will make every effort to inform Users of these changes by means of a special message on the Site.
Article 9 – Applicable law
The Site and the Conditions are governed by French law regardless of the place of use. In the event of a dispute, and after all attempts to find an amicable solution have failed, the French courts will have sole jurisdiction to hear the dispute.