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INOVEV’s Terms and Conditions of Use
of any Inovev’s Internet Platform

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Version: 13/12/2022    English Version

Definitions

-        TCU: Terms and Conditions of Use

-        TCS: Terms and Conditions of Sales

       -        I2P: Inovev’s Internet Platform

 

-        RU: Registered User on any Inovev’s Internet Platform

-        GL: Guest Level: level without registration

-        CL: Classic Level: level with registration but not paying

-        UL: Upper Level: all paying  levels

       -        AE: Agreed Entity: perimeter of people getting access to information paid at UL (Upper Level)

-        IDRU:       Information and Data relating to the RU: information filled by the RU on the registration form when registering on one of the I2P

-        IOF: Inovev’s order form

 

-        CUSTOMER: organization or person placing an order of an Inovev’s product (paying product or free of charge product). When placing an order, the RU becomes also a CUSTOMER


1. Application and Scope

1.1. These Terms and Conditions of Use (TCU) apply to users (RUs) who have registered to any I2P (Inovev’s Internet Platform).
Registration to an I2P (Inovev’s Internet Platform) implies the RU’s full acceptance of these TCU to the exclusion of any other document, without any reservation.
The acceptance of TCU is finalized by ticking the TCU agreement box on an I2P (Inovev’s Internet platform).

1.2. The version valid at the time of the conclusion of the registration (posted on an I2P), that the RU must accept when registering, is the one that counts.
      Inovev may modify its TCU. In this case, the new version will apply to RUs who register after the release of new TCU on Inovev site, as well as to RUs previously registered but who will have ticked afterwards the box relating to acceptance of the new TCU.

1.3. Any rival TCU of the RU are invalid unless these are acknowledged by Inovev entirely or in part.
Only Inovev’s TCS, and no special other terms may take precedence over these TCU unless they are stated in writing in its final and binding form.



2. Languages

2.1. Original version of TCU is written in English language.
They are then translated into other languages.

2.2. In case of discrepancies between the original English version and another language version of these TCU, the English original version has the priority.


3. Placing orders       

3.1. Placing order is possible on-line on the Inovev Internet site or by using an IOF (Inovev Order Form).

3.2. When placing an order, the RU becomes also a CUSTOMER for the TCS. It must check an agreement box specific to the shopping act, named TCS (Terms and Conditions of Sales):
“I agree to the Terms and Conditions of Sales and adhere to them unconditionally”.
The Terms and Conditions of Service for the shopping act (TCS) are different from the Terms and Conditions of Use (TCU) relating to the registration to the Inovev site.
In case of conflict between the TCU and the TCS, the TCS relating to the ordered product has the priority.

3.3. The data recorded by Inovev constitutes proof of all the transactions made with the CUSTOMER. 

3.4. The CUSTOMER must check the completeness and conformity of the information provided to Inovev when placing the order, notably the invoice address and the e-mail address. Inovev shall not be held responsible for any error and resulting consequences.

4. Use of information and data which are provided

By registering, the RU may get access to information and data which are accessible to registered users while non accessible to non-registered guests (Classic Level) or information acquired by upgrading to the Upper Levels (paying levels).
These information and data may be downloaded by the RU.
The RU has the right to use these information and data for its sole own purpose but has no right to transmit it to other people (even to colleagues within its company), neither free of charge nor against payment.
In all cases, these information and data remain the full property of Inovev.

5. Privacy

This article 5 concerns only RU at Classic Level (CL – registered but non-paying information)
Privacy relating to Upper Level (UL – paying information) is part of the TCS (Terms and Conditions of sales).
For Upper Level (UL – paying information), TCS prevail on TCU.

5.1. IDRU (Information and Data relating to the RU) will be required by Inovev upon registration, and kept by Inovev.

5.2. IDRU (Information and Data relating to the RU) will be used by Inovev in order to be able to understand RU’s needs and provide it with a better service.

5.3. IDRU (Information and Data relating to the RU) will be in particular used by Inovev and its partners in order to

° Improve their products and services
° send promotional emails to their networks of contacts in the automotive industry
° send complementary free information with the objective to make their products and services better known

° contact RU for market research purposes

5.4. IDRU (Information and Data relating to the RU) will be kept by Inovev until 3 years after the last RU’s connection to an Inovev Internet Platform

5.5. By virtue of the modified data protection and civil liberties law of 6th January 1978, the RU has a right to question, access, rectify and delete information relating to itself gathered by the Company as part of its activity.
This right can be exercised by e-mailing to the address 
remove-personaldata@inovev.com  or by writing to:
                    - Inovev – Personal Data Removal department
                    - 34 rue Camille Pelletan, F-92300 Levallois-Perret (France)

5.6. In case of non-acceptance of TCU by the RU or its demand of removal, the RU will not get the access to any I2P (Inovev Internet Paltform).


5.7. The Website uses an automatic process to install a cookie in the RU’s computer in order to be able to record information relating to the navigation of its computer on the Website. The RU can however block the recording of “cookies” by configuring its internet navigator accordingly.

5.8. Finally, the RU acknowledges that the Company may be required, in accordance with its legal obligations, to reveal personal data relating to the RU in the framework of legal procedures (court orders, etc…).

6. Applicable law, place of fulfillment and jurisdiction

6.1. In the event that individual terms of the TCU are void or invalid or are declared to be invalid, this does not affect the other terms. The void or invalid term shall be replaced by a legally valid term that comes as close as possible to the intended purpose of the contract in accordance with good faith and the justified interests of both parties to the contract.

6.2. In the event of differences of opinion in connection with their contract, the parties undertake to seek mediation before commencing legal proceedings. The parties shall jointly specify the mediator.

6.3. The place of fulfillment and of exclusive jurisdiction is agreed as Paris, France.
However, Inovev has the right to sue the RU or his/her legal successor in the court with jurisdiction over his/her place of business or in any other court with jurisdiction.

6.4. The provisions of French law apply with the exclusion of the UN Convention on Contracts for the International Sale of Goods, even where the order is made from abroad or the goods delivered abroad.

6.5. Inovev reserves the right to amend the present terms and conditions at any time. The relevant binding version of the TCU may be inspected on and printed out from www.inovev.com.

7. Guarantees/Liability

7.1. Inovev does not claim any responsibility for loss or theft of the user password, ID, or account information through the Site. Inovev also does not claim responsibility for loss of content or data, or damages related to the use of a user ID by a third party.

      7.2. Inovev is not responsible for any damage or harm which might be caused by the use of its products or services.

7.3. Inovev’s liability where it or its employees, legal representatives or agents is/are to blame is limited to deliberate act. This does not apply to major breach of contractual duties and the lack of promised.

8. Cases of force majeure

Inovev undertakes, in view of current technology, to maintain in the best possible conditions the services offered on the Website. However, it will not be held responsible in the event of disruption to the Website attributable to a case of force majeure or which is caused by a third party or a RU, as well as technical incidents.
Inovev therefore cannot be held liable in the event of failure in its contractual obligations due to circumstances which are unforeseeable, irresistible, and outside the parties’ control.
The Parties acknowledge and agree between them, without this list being exhaustive, that notably force majeure, or exceptional circumstances or the fault of a third party refer to damages originating in or caused by: natural catastrophes, fires, floods, lightning, electrical surcharges, strikes, electricity power cuts, failure of the telecommunications network, civil or foreign wars, riots or civil unrest, terrorist attacks, regulatory restrictions relating to the supply of telecommunications services, loss of connectivity and connection due to public and private operators on whom Inovev depends,       hacking of Inovev’s site (such as Denial Of Services, but not only).
These cases of force majeure suspend the obligations of Inovev cited in the TCU, for their whole duration. However, if a case of force majeure lasts for more than three (3) months, one or other of the Parties would be entitled to terminate their relationship, after sending a letter by registered mail with acknowledgement of receipt, informing the other Party of this decision.

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