Website General Terms and Conditions of Use.
Access to the website
Access to the website is open to adults. Any use of the website by a minor must be carried out under the full responsibility of the holder of parental authority over him/her. AFTCom will endeavour to implement all necessary means to keep our website accessible to users. AFTCom may be required to interrupt the website at any time without prior notice and without any right to compensation. The user acknowledges and accepts that AFTCom shall not be held liable for any interruptions, and for the consequences that may result for the user. AFTCom is not responsible in case of interruption of the Internet network. In any case, the user acknowledges that he has the necessary skills and means to access and use the website. In this respect, the user has a computer or any other device with an Internet connection whose settings allow the website to function properly. The user declares that he is aware of the risks and accepts them. In particular, the user acknowledges that the information that transits or is stored on this website may be intercepted or altered independently of the purposes of the website. However, it is strongly recommended that the user take all necessary precautions to protect against the effects of piracy, especially by adopting a secure and appropriate computer configuration, by installing a regularly updated virus detection software.
For the proper management of the website, AFTCom may at any time, without notice or compensation:
- suspend, interrupt or limit access to all or part of the website.
- reserve access to the website, or to certain parts of the website, to a specific category of Internet user.
- delete any information that may disrupt the operation of the website or that contravenes national or international laws.
- suspend the website in order to carry out updates and maintenance operations related to technological developments or which are necessary for the continuity of service of the website.
In the event of suspension of the website and/or all or part of its services, the user will be notified by means of an information screen when accessing the website or the service(s) concerned. AFTCom reserves the right to develop, improve, modify, complete and/or delete, freely and at any time, all or part of the website, its services and/or its functionalities.
The general structure of the website and all the elements that make it up, such as brands, texts, comments, illustrations, images, animated or not, video sequences, blog articles as well as all the computer applications that could be used to operate the website and more generally all the elements reproduced or used on the website, are protected by the laws in force with regard to intellectual property and are the exclusive, full and complete property of AFTCom or its partners. Any reproduction, representation, use, modification, distribution in whole or in part, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, requires the prior written permission of AFTCom. Only reproduction for personal and exclusively private use is authorised. Any reproduction, representation, publication, transmission, use or modification, in whole or in part, of our site and/or any of its elements, made without the prior written authorisation of AFTCom would constitute an infringement that could lead to civil and/or criminal proceedings.
Links to other websites
This website may contain links to websites belonging to third parties. AFTCom has no control over these websites and therefore accepts no responsibility for the availability or content of these websites. AFTCom shall not be held liable for any damage resulting from access to these websites. Users have sole liability for their use.
Limit of liability
Under no circumstances can AFTCom and any company mentioned on this website or involved in the creation, production and supply of this website be held liable for any direct or indirect damage, loss or prejudice of any kind whatsoever resulting from the connection, access or use of this website or any information obtained from this website, especially in the event of failure, breakdown, hindering or interruption of the functioning, temporary or permanent inaccessibility of the website. In addition, AFTCom cannot be held liable for any damage resulting from the infection of the user’s computer equipment by a virus or other computer infections. It is your responsibility to take all necessary measures to protect yourself against viruses when accessing the website or downloading documents from it. In any case, any liability of AFTCom in respect of any damage resulting from the use of this website whatever the legal cause including tort liability is limited to damage caused intentionally or through gross negligence. To the maximum extent permitted by applicable law, and except in the case of damage caused intentionally or gross negligence, AFTCom shall in no event be liable for any indirect or consequential damages, including but not limited to service interruptions, loss of data, loss of turnover or loss of profit, arising out of the use or inability to use all or part of the website. AFTCom cannot be held liable for the consequences of a case of force majeure or fortuitous event, including, but not limited to, disasters, fire, internal or external strikes.
No cooling-off period – Termination – Hardship
In accordance with these General Terms and Conditions of Use, the individual user acknowledges that the services consist of digital contents, not provided on hardware support, whose execution has begun after his prior express agreement. Consequently, the user expressly acknowledges that the services cannot, pursuant to article L. 221-18, 13° of the French Consumer Code (“Code de la Consommation”), be subject to a cooling-off period and expressly waives this right. AFTCom reserves the right to close your account, after formal notice and 7 days’ notice if the user does not comply with his obligations under these General Terms and Conditions of Use. Your obligations, as well as those of AFTCom, may be suspended in the event of force majeure in accordance with these General Terms and Conditions of Use. In case that the event categorised as force majeure lasts more than thirty (30) days, the account will be automatically closed without either you or AFTCom being able to claim any financial compensation.
In the event of a dispute relating to the implementation and/or interpretation of these General Terms and Conditions of Use, the user has the possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution method. For the individual user, any dispute or so-called consumer dispute, save as otherwise provided for the French Consumer Code or any other applicable provision, may be subject to an amicable settlement through mediation on the online dispute resolution platform. To submit a dispute to the consumer mediator, the user may fill in the form on the online dispute resolution platform by clicking here.
Agreement on evidence
Pursuant to Article 1367 of the Civil Code, by ticking the box by which the user accepts these General Terms and Conditions of Use, the user acknowledges that his agreement constitutes an electronic signature with respect to AFTCom which has, between the parties, the same value as a handwritten signature. More generally, the user acknowledges that any document that has been the subject of this procedure constitutes written evidence as well as, including outside such procedure, any electronic mail exchanged between AFTCom and the user, so that any correspondence or agreement produces its legal effects to the transaction in question in the same way as those that are the subject of a handwritten signature. Unless proof to the contrary is recognised as valid by a court, any electronic mail exchanged between the user and AFTCom is opposable not only in a respective manner, but also against any third-party beneficiary with the same probative force as a written paper-based document.
Governing law and state jurisdiction
These General Terms and Conditions of Use are governed by French law. Any dispute relating to this website will be subject to the jurisdiction of the Administrative Court of Créteil, subject to a specific assignment of jurisdiction arising from a particular law or regulation.
For any question or information on the services available on our website, or concerning the website itself, you can send an email to the following address: info(at)aftcom.com