The company's website www.oxatis.com is owned and operated by Oxatis Corp., S.A. Capital: 895,084 Euros. Head Office: Immeuble Acropolis, 171 bis chemin de la Madrague Ville, 13002 Marseille, France.
1 - DEFINITIONS
Main Email Address: means the Email Address that the Subscriber wishes to use to communicate with Actinic-Oxatis.
Internet Solution Center: means Actinic-Oxatis Partners that perform certain services for Actinic-Oxatis Subscribers.
Actinic-Oxatis Email Account: means an email account provided to each Subscriber by Actinic-Oxatis in accordance with the provisions of article 8 below.
Registration Date: means the Site ID and Password acquisition date.
Site ID: means the name of a Website.
Password: means the access code that is attached to the Site ID.
Partner: means any third party company whose services are offered by Actinic-Oxatis.
Services: means all of the services offered by Actinic-Oxatis.
Subscription Plan: means the level of subscription to the main Actinic-Oxatis service, without which a site cannot be activated.
Website: The Website of a Subscriber whose address is a sub-domain of the domain Oxatis.com, such as SiteID.Oxatis.com, for example.
User: means an Internet user who navigates around and uses a site which is hosted on the Actinic-Oxatis platform and does this under his own exclusive responsibility.
The Subscriber represents and warrants that he has the ability to contract and create binding legal obligations and has the necessary authorisations to do so.
3 - PURPOSE OF THE SITE AND DESCRIPTION OF THE SERVICES
The Actinic-Oxatis Website is intended for professionals wanting to create and manage their online store. To do so, Actinic-Oxatis provides several types of Service, including but not limited to:
- Creation, customization, and modification of online Websites;
- Hosting of the aforementioned Websites;
- Access to online applications;
- Access to all other Services offered by Actinic-Oxatis.
Subject to other specific provisions, the Actinic-Oxatis Website can be accessed from any location, given that the minimum technical conditions are met, particularly in terms of Internet access.
The Subscriber agrees to comply with all general standards of behavior and public order relating to Internet users which are applicable in the country from which the Subscriber uses the Actinic-Oxatis Website.
At any time Actinic-Oxatis reserves the right to modify or relocate the content which makes up the Actinic-Oxatis Website and to temporarily or permanently suspend the Actinic-Oxatis Website in part or in its entirety and to do so without prior notification to the Subscriber.
4 - REGISTRATION-SUBSCRIPTION
Having completed the online registration form, the Subscriber will select a Site ID and Password allowing them to access their account. The Subscriber is solely responsible for maintaining the confidentiality of his or her Site ID and Password and accepts the consequences of all actions performed using his or her Site ID and Password.
The Subscriber guarantees the authenticity of the data he or she provides and that this information is exact, complete and up-to-date. The Subscriber is solely responsible for any false or inaccurate statements. If so provided, Oxatis reserves the right to suspend or terminate the Subscriber's account or the data and files therein, refuse access to these sites, pages, files and data or ban the Subscriber from any or all Actinic-Oxatis Services without notice or compensation, and without prejudice to any rights or remedies the Subscriber may have in common law.
Actinic-Oxatis reserves the discretionary right, without penalty, to suspend access to Services to persons who provide deliberately inaccurate information at the time of registration which prevents Actinic-Oxatis from delivering the Services.
5 - PROVISION OF THE SERVICE
Online Website creation and hosting Services are provided to the Subscriber from the time of his or her registration on the Actinic-Oxatis Website.
The Subscriber's rights to access Services are strictly exclusive and non-transferable.
For additional services involving a fixed date, such as training or online coaching, it is possible to postpone the scheduled date once, and once only, on the condition that the request is made 15 days before the scheduled service date. Except for this case, all expenses relating to the service are the responsibility of the Subscriber and no refunds will be made for the cancellation of the service.
For services requiring the exchange of information with the Subscriber, such as the creation of a graphical design, a customised home page or putting in place an SEO project etc, the Subscriber agrees to provide the information necessary to perform the service in a timely manner. The absence or unreasonable delay (beyond 90 days) of said information will be deemed to be the Subscriber’s sole fault will lead to the cancellation of the service and no credit notes or refunds will be issued.
6 - SUBSCRIPTION TERM
6.1 - Services without a specific time commitment
This type of Subscription Contract is for a one (1) month period beginning on the Registration Date. It is automatically renewed for further monthly subscription periods each on the monthly anniversary of the Registration Date.
The Subscriber may decide each month, without commitment, to unsubscribe certain Services that he used in the preceding month. To do this the Subscriber simply needs to unsubscribe these Services by using the administration tool ("back office") supplied by Actinic-Oxatis.
The Subscriber is free to change the level of his Subscription Plan each month on the condition that this is done before the anniversary of the Registration Date.
6.2 - Services with a fixed term period
In the situation where a Subscriber has entered into a 12 or 24 month contract and wishes to cancel the agreement before the end of the period, the remaining months remain payable. The contract is automatically renewed for 12 month periods thereafter on the anniversary of the Registration Date.
The Subscriber may at any time withdraw from the automatic renewal of the contract by using the administration tool ("back office") which allows him to unsubscribe at the end of the contract period.
The Subscriber is free to increase the level of the Subscription Plan each month on the condition that this is done at least one working day before the anniversary Registration Date by contacting Actinic-Oxatis and without changing that date.
If the Subscriber already has an existing fixed term subscription and purchases an additional one, the new minimum period replaces the existing one, except in cases where the new subscription has an earlier end date than the existing one.
If the Subscriber decides to cancel the subscription to the hosting service, his or her Website will be deactivated but left intact for a twelve (12) month period in accordance with article 14.2 below to allow the Subscriber to reconsider his or her decision.
6.3 - Use of the Deactivated Site
If the Subscriber decides at the end of the subscription period no longer to pay for a Subscription Plan, his site is put into a deactivated state for a period of twelve (12) months under the provisions of clause 14.2 which allow him to reconsider his decision.
During the deactivated period the site is not accessible by the Subscriber, nor his clients, nor by Search Engines.
6.4 - Payments in Advance
If the Subscriber purchases several monthly subscriptions in advance in respect of different Services, these subscriptions are non-refundable and the Subscription Contract concludes at the end of the period covering all of the prepaid services.
No sum is owed by Oxatis to the Subscriber in the case of early termination of the Subscription Contract. Furthermore no prepaid purchase of Services nor any payments on Deposit have any right to be reimbursed.
7 - FINANCIAL CONDITIONS
7.1 - Rates
The prices and special conditions of the Services offered by Oxatis can be found on the site www.oxatis.com. These Services may only be used by business professionals and they are stated net of VAT.
Oxatis reserves the right to revise these prices at any time. In this case the Subscriber will be notified via any means (e.g. Actinic-Oxatis Back Office, email, newsletter) at least two (2) months before the commencement of the new prices. If the Subscriber refuses to accept these increases in price, he may, during the four (4) months immediately following the commencement of the new prices, cancel his subscription at the end of any these months, even if this is before the end of the minimum contract period.
7.2 - Billing
The Subscriber is billed monthly on the anniversary date of the activation of his Subscription.
The monthly amount is payable in advance for all the Services and Subscriptions that the Subscriber has signed up for with the exception of Overallowance Charges which are payable at the end of the monthly period. Payment is made directly on the Oxatis site using the different payment methods available on the site www.oxatis.com.
7.3 - Payment Issues
In the case of late payment, Oxatis reserves the right to charge the Subscriber a penalty calculated at the legal rate which is in effect.
In the case of a rejection of the payment method selected by the Subscriber by the financial institutions concerned, a fee of fifteen Pounds (£15) will be automatically billed to the Subscriber. Furthermore, Oxatis will no longer authorise the payment method giving rise to the rejection and the Subscriber will have to select an alternative payment method for future payments.
Where payment terms are granted, such as payment in installments, the failure to pay a single instalment of the debt makes the entire debt payable. It leads to, without payment of compensation of any kind, the immediate suspension of any Services that are currently being worked upon.
7.4 - Guarantee Deposits, Advances
In cases of problems with payment and / or a deterioration in the solvency of the Subscriber, and / or uncertainty about his ability to meet his commitments, Actinic-Oxatis reserves the right to seek tighter financial conditions, such as a deposit or advance payment for some or all of the Services and / or to request additional guarantees from the Subscriber.
This is particularly the case for all additional Services which are requested where the fees are likely to exceed twice the amount of the Subscription Plan paid in the previous month or twice the amount of the minimum Subscription Plan. In the situation where the Subscriber refuses to implement these provisions, Actinic-Oxatis will be entitled, without payment of compensation of any kind, to immediately cease activity on any Services that are currently in progress and / or any future ones that are scheduled.
As soon as the debt to Oxatis has been paid, the Subscriber agrees to pay as compensation and as a penalty clause an amount equivalent to 20% of the total amount outstanding including taxes, plus any additional legal and recovery costs, without prejudice to the continuation, suspension or termination of the contract that is in progress.
8 - SUBSCRIBER OBLIGATIONS
Generally, the Subscriber agrees to use the Oxatis Website and Services in compliance with all terms in the Subscription Contract.
The Subscriber also agrees to respect all legal provisions which are in force.
8.1 - Provision of Content by the Subscriber
The Subscriber is responsible for all Content that is made available to the public via the Services.
For all practical purposes, it is specified that the Subscriber remains the sole editor of the Content he edits. Actinic-Oxatis will in no case be considered as an editor of Websites created by Subscribers via these Services.
When disseminating Content, the Subscriber agrees to respect all legal and statutory provisions which are in force.
In this regard, the Subscriber agrees not to disseminate Content, whatever its nature or form which:
- could be considered as justifying crimes against humanity or war crimes, Nazism, crimes or offences, disputing the existence of crimes against humanity or known acts of genocide, violating the dignity of the human person;
- incites violence, pornography, pedophilia, or intend to harm minors;
- is prejudicial to the public order and moral standards;
- could be considered to be defamatory, insulting, misleading, slanderous, or libelous towards a third party, whether they are a physical or legal person;
- involves acts of counterfeit or unfair competition;
- is of a racist or xenophobic nature, harmful to the honor or reputation of others, which incite discrimination, hatred or violence towards a person or group based on their origins, sex, colour, marital status, ancestry, state of health, disability, genetic characteristics, morals, real or assumed sexual orientation, age, political opinions, union activities, real or assumed membership to an ethnic group, nation, race or religion;
- is an invasion of privacy, or personal intimacy or infringe the image rights of an individual;
- contains viruses, worms, Trojan horses, and any other items (files, software programs, or others) that may suspend, destroy or limit the functionalities of any computer or computer network closely or remotely connected to Actinic-Oxatis activities;
- is threatening to a person or group of people;
- incites crimes, offences or acts of terrorism;
- violates secret correspondence; or
- allows a third party, directly or indirectly, to obtain pirated software, hacking programs or archives, viruses and other logic bombs and, more generally, any software or other program or application which infringes on the rights of others and compromises the security of individuals and goods.
The Subscriber also agrees not to create hypertext links to other websites that do not respect these same principles.
Furthermore, which regards to sites which sell both physical and electronic products, the Subscriber agrees to:
- not distribute, reproduce, display, publish or otherwise market products whose sales and marketing is strictly prohibited, in particular certain animal species and animal parts, certain firearms and explosives, certain cultural property, embargoed goods, stolen property, credit cards, Identification cards or documents issued by the government (ID cards, passports, birth certificates), lottery tickets, tickets or contracts (resale of travel contracts without rights), illegal decoders, drugs and associated objects, illegal surveillance equipment, counterfeit currency, coins and stamps, financial instruments (stocks, bonds, titles, deeds and other certificates), franking machines, banned or regulated merchandise, burglary tools (lock-picks, motor vehicle master keys), controlled substances, prescription medicines, human organs or any other human body parts, hazardous and illegal substances, tobacco and associated products;
- carefully read the contracts, regulations and terms of sale pertaining to each product as they may restrict the rights of the Subscriber to sell said products on his Website; and
- verify that marketing the said products is not restricted by the relevant authorities.
8.2 - Email Accounts Used by the Subscriber
At the time of registration, the Subscriber provides Actinic-Oxatis with the email address he wishes to use within the framework of the Subscription. This email address is the Subscriber's main email address (the Main Email Address). Actinic-Oxatis communicates with the Subscriber through this address.
If the Subscriber wishes to change the Main Email Address, he must inform Oxatis immediately and modify this address accordingly in his personal information pages.
The Subscriber therefore undertakes to regularly read the messages sent by Actinic-Oxatis to this address. All communications sent from Actinic-Oxatis to the Main Email Address of the Subscriber is deemed to have been received and read by the Subscriber.
Oxatis uses this mailbox to send two types of email:
- Emails containing technical information. Considering the important nature of these messages for maintaining the Actinic-Oxatis / Subscriber relationship - which is accepted by the Subscriber - it is not possible to unsubscribe from receiving these mails; and
- Emails containing customer service information (software development, new services, etc.). For this type of mail, the Subscriber is free to unsubscribe from the mailing list at any time by using the link provided for this purpose in all of these Emails which are sent to the Subscriber.
At the Subscriber's request, Actinic-Oxatis can assign him one or more mailboxes to the Subscriber depending on the services to which he is subscribed (the "Actinic-Oxatis Email Accounts"). This mailbox service gives the Subscriber sole rights to the receipt, creation and transmission of computerised documents or electronic messages.
In particular sending unsolicited commercial Emails (also known as "spam") is an abuse of the Actinic-Oxatis Email Accounts, this includes, by way of example, sending unsolicited business Emails from the Actinic-Oxatis mailbox, especially to solicit personal information, sending nuisance Emails en masse and / or repeatedly to the same address from the Actinic-Oxatis Email Account, emailing threats or attacks, or Email containing false or misleading content, a false return address or erroneous path of transmission in an email sent from an Actinic-Oxatis server.
8.3 - Use of Services
The Subscriber must ensure that his employees and associates use the Actinic-Oxatis Services in accordance with the instructions provided by Actinic-Oxatis included in its documentation. Actinic-Oxatis cannot be held responsible if the Subscriber or his associates have had an insufficient level of training to be competent in using the Services. The Subscriber will notify Actinic-Oxatis without delay and provide a detailed analysis of any problems encountered in using the Services. The Subscriber remains responsible for all operations performed on his computer, even if these are performed under the guidance of an Actinic-Oxatis technician.
8.4 - Acceptable Use of Actinic-Oxatis Server Resources
The Actinic-Oxatis Services are offered on the condition that the available resources are not misused. The following are considered misuses of those resources, notably:
- The use of the Site by more than 1,000 visitors per minute.
- Accessing the Actinic-Oxatis online support or telephone support service in proportions that are more than five (5) times greater than the average usage of these services by Actinic-Oxatis Subscribers in the previous month.
- Inappropriate use of the Actinic-Oxatis site, in particular for sharing the Services and reselling them on to other users.
- Any use of the site which causes disruption or degradation to the overall Actinic-Oxatis infrastructure.
9 - ACTINIC-OXATIS’S OBLIGATIONS
9.1 - Continuity of Services
In all cases Actinic-Oxatis shall be required to make best endeavours and cannot be held responsible for any delay in performing the Services. In addition to this Actinic-Oxatis’s responsibility cannot be invoked where the Site is used without adherence to the User advice given by the Actinic-Oxatis Technical Support Department, either online or on the telephone, or where the User has followed advice which has not come from Actinic-Oxatis.
Oxatis cannot be held responsible for the quality of services provided by our Partners insofar as the Subscriber has freely entered into a contract for these services with a Partner.
In the case of non-availability of the Services due to the acts or inaction of Actinic-Oxatis:
- For a total outage of less than 3% of the monthly period in question, no compensation is due;
- For a total outage between 3% and 6% of the monthly period, the subscription period will be shifted forwards in proportion to the length of the outage;
- For an outage of more than 6% of the monthly period, the Subscriber will be credited with one month’s fees of the Subscription Plan currently in use on his site;
- These compensations will not be available to Subscribers whose sites are misusing the Actinic-Oxatis platform as described in clause 8.4 above.
9.2 - Connecting Subscribers with Partners and Oxatis Group Partners
Actinic-Oxatis offers the services of third party Partners and Internet Solution Centres for Subscribers from among its network of qualified professionals.
The Subscriber is free to enter into contracts or not with the interested Partner or Internet Solution Centre.
In any event, if the Subscriber and the Partner or Internet Solution Centre establish a contractual relationship for any reason, Actinic-Oxatis should be considered as a third party in this contractual relationship, and exercises no control over the services of the Partner with whom Actinic-Oxatis holds no employee-employer relationship.
9.3 - Hosting Services
The Website created by the Subscriber is hosted on Actinic-Oxatis servers.
Actinic-Oxatis reserves the right to interrupt the Services, partially or totally, at any time, without being held liable and without refund to intervene in these circumstances:
- in the event of a computer system, software or other server equipment failure;
- in the case of a massive attack on the system by a third party, such as a denial of service attack or any other existing or future technologies;
- for maintenance and / or enhancement reasons, and in particular for the modification of features or technical infrastructure of Actinic-Oxatis and its Partners.
The Subscriber expressly accepts that a reference indicating that Actinic-Oxatis hosts his Website be placed on his Website, so that Actinic-Oxatis is in a position or respect the obligations to which it is subject to as a Website hosting service. The Subscriber agrees to make sure that this reference is always visible by Internet users and not to hide this reference using any possible method / technique.
9.4 - Notification Procedure
If Internet users observe illicit Content and wish to have it removed, they are encouraged to alert Actinic-Oxatis of this either by mail or by using the form provided for this purpose on the page www.oxatis.com/declaration-content-illicite.htm and completing all necessary information such as
- The date of notification;
- Their first and last name, profession, place of residence, nationality, date and place of birth if a physical person;
- Their corporate structure, company name, corporate headquarters and company registration number or equivalent if it is a corporate entity;
- The description and precise location of the contentious material;
- The reasons why the content should be removed, including factual and legal grounds;
- The copy of the communication addressed to the author or editor of the contentious content requesting its removal, modification or suspension, or proof demonstrating that it was not possible to get in touch with the author or editor.
Upon receiving this notification, Actinic-Oxatis can immediately and legally remove the Content presumed to be illicit in accordance with the legislative provisions in force. Actinic-Oxatis may also request that the Subscriber who provided this Content supply any information which justifies the legality of this provision.
If Actinic-Oxatis receives a notification pointing out content referencing crimes or offences, crimes against humanity, inciting racial hatred or relating to child pornography, Actinic-Oxatis will notify the proper authorities.
A User presenting Content as illicit to Actinic-Oxatis, knowing that this information is incorrect, with the aim of having said Content removed, may be held liable.
9.5 - Telephone Support Line
Where a Subscriber is entitled to use the Actinic-Oxatis Telephone Support Line, Actinic-Oxatis will make reasonable endeavours to respond in a timely manner to Subscribers’ questions regarding the use of the Services provided by Actinic-Oxatis, but excluding those supplied by third parties.
The number of phone calls that can be made to the Actinic-Oxatis Telephone Support Line is not limited but the theoretical absence of a limit does not mean that calls cannot become an abuse of the service and be treated as such. In no way can Actinic-Oxatis compensate for a lack of training on behalf of the user if it appears that the user does not have the necessary skills to use the Services.
Only the owner of the Actinic-Oxatis account is entitled to contact the Support Line.
Telephone support is provided by qualified technical personnel. The Support Line hours of operation are Monday to Friday 0900 hrs to 1700 hrs, apart from Bank Holidays. Actinic-Oxatis reserves the right to change the hours of operation of the Support Line and will take the necessary steps to advise Subscribers of these changes.
10 - INTELLECTUAL PROPERTY RIGHTS
10.1 - Actinic-Oxatis’s Intellectual Property Rights
The www.oxatis.com and www.Actinic-Oxatis.com sites and all content sites, blogs, forums, online help and their local versions (.FR, .IT, .ES, .CO.UK, etc.) edited by Actinic-Oxatis or Oxatis are the exclusive property of the Oxatis Corporation.
All material protected by intellectual property rights and made available to the Subscriber remain the exclusive property of Oxatis.
Oxatis Subscribers acknowledge and accept that the websites edited by Oxatis and their content - including but not limited to the text, software, music, sounds, photographs, videos, designs or any other material contained in the advertisements and any other information of a commercial nature produced and presented by the sites - are subject to protection by intellectual property rights (trademarks, copyrights, graphics, templates, or patents). Subscribers, Internet Solution Centres and Partners are not authorised to copy, use, reproduce, distribute all or any part of these sites and/or their content or produce creations derived from any or all of the sites and / or their content without the express written agreement of Actinic-Oxatis.
It is specified that the conceded rights include:
- The right of reproduction, in particular the right to reproduce, by any means, any or all surrendered Elements, download said Elements on any current or future formats and mediums, magnetic or digital, and in particular multimedia materials, permitting public access through any form of public communication;
- The right of reproduction, in particular regarding the right of public access to any or all conceded elements through any form of public communication;
- The right of adaptation, namely, the right to adapt, by any means, any or all surrendered Elements, the right to correct any data or errors in said Elements;
- The right to translation and to have any or all surrendered Elements translated in any language, and the right to reproduce said results in accordance with the reproduction conditions mentioned in this clause.
10.2 - Subscriber’s Intellectual Property Rights
All material likely to be protected by intellectual property rights and provided by the Subscriber on his or her own Website remains the exclusive property of the Subscriber.
The Subscriber guarantees that he or she owns, or holds without restriction, all authorisations required in terms of intellectual property rights to use protected material on his or her Website. In this regard, the Subscriber holds harmless Actinic-Oxatis from all claims and/or actions brought against Actinic-Oxatis by third parties regarding the ownership of this Content, as well as any damages, whether direct or indirect, that Actinic-Oxatis may suffer as a result of these actions.
In no case can Actinic-Oxatis be held responsible for incidents which may ensue from the distribution of said Content by the Subscriber.
10.3 - Disclaimer
The Subscriber agrees to indemnify and hold harmless Actinic-Oxatis for any damage resulting from a dispute over the intellectual property of the content of its site. The subscriber expressly authorises Actinic-Oxatis to use, at the Subscriber’s expense, the necessary means to defend itself against any legal action.
If the dispute against Actinic-Oxatis is made by mail or telephone, Actinic-Oxatis will communicate the details of the dispute to the Subscriber through the Support System. The Subscriber agrees to take all necessary measures to remedy the situation and will respond to the applicant within 7 days by registered letter, and will provide a copy to Actinic-Oxatis.
If the dispute with Actinic-Oxatis is communicated by letter, registered letter, fax or other document from a lawyer, a legal organisation or a judge, Actinic-Oxatis will immediately transfer the management of the dispute to its legal advisors and will proceed to invoice the Subscriber concerned, in blocks of £500, to cover the ongoing costs of its defence.
10.4 Costs of Responding To Statutory Information Requests
The Subscriber agrees to pay the sum of £300 for each request for information from government departments such as HMRC and other public bodies entitled to ask Actinic-Oxatis to gather information on the operation of its site. This amount will be charged to the Subscriber by Actinic-Oxatis 14 days after delivery by Actinic-Oxatis of the requested items. Actinic-Oxatis will provide the Subscriber proof of the request of the administrative request, but not the details of its content which will remain confidential.
10.5 - Use of Subscriber Details and Information
Likewise, the Subscriber allows Actinic-Oxatis to use this information in the "Testimonials" section of the Actinic-Oxatis site.
The Subscriber expressly authorizes Oxatis to reproduce his logo or any other material from the Subscriber's Website that is protected by the framework of these intellectual property rights.
The conditions of use concerning the Subscriber's contact information and Website elements in the "Testimonials" section of the Actinic-Oxatis site can be provided in writing by Actinic-Oxatis following the express written request of the Subscriber.
The Subscriber has the right to refuse to consent to this use by sending Actinic-Oxatis notice of his refusal in writing.
11 - DATA PROTECTION
11.1 - Data Collection
To use the Actinic-Oxatis site and the Services that are offered, Subscribers and Users are asked to provide Actinic-Oxatis with personal information about themselves.
Subscribers and Users are obliged to provide the required data during the registration procedure in the mandatory fields (the "Data") to access the Actinic-Oxatis Services.
In the required data is not supplied, registration for the Actinic-Oxatis Services cannot be completed.
11.2 - Purpose
Data provided at the time of registration on the Actinic-Oxatis Website and during the use of the Services will be used for the following purposes:
- Accessing Services;
- Sending Actinic-Oxatis newsletters;
- Preparing bills / invoices;
- Generating statistics concerning the use of the Actinic-Oxatis website;
- Improving marketing and promotional efforts as well as the content and offers made from the Actinic-Oxatis site;
- Receiving personalised offers.
11.3 - Data Treatment
The Data is intended for use by Actinic-Oxatis personnel for site and Service management purposes. Certain data may be accessed anonymously by Internet users and may be transferred to commercial companies for prospecting purposes. Notwithstanding the foregoing, certain information, such as the password, credit card number, or bank account number will never be communicated to these companies in any form.
Under specific circumstances, Actinic-Oxatis may be required to disclose this Data to judicial authorities upon request.
11.4 - Data Retention
Actinic-Oxatis stores Data for a period of time that is strictly necessary to fulfil the aforementioned purposes. Beyond this period, the Data is exclusively stored for statistical purposes and will not be exploited in any way.
Actinic-Oxatis is also obliged to store the data to allow for the identification of users who provide illicit content for the purpose of transmitting this data to competent authorities upon judicial requisition, excluding all third parties, in accordance with the conditions authorised by the law.
11.5 - Data Transfer
Within the normal framework of its activities, Actinic-Oxatis collects and processes information concerning Subscribers and Users in the UK and other parts of the world. It is possible that some information is hosted by a technical Partner on servers located in France or other parts of the world, the role of said Partners is strictly limited to a technical information storage service. In this context, it is specified that the Partner will not use this Data in any manner.
11.6 - User and Subscriber Rights
Users and Subscribers have the rights of access, correction, deletion, and objection to their personal Data. If Subscribers or Users wish to consult review the Data provided by Oxatis, cancel their subscription to any or all of the Services, to the newsletter or any other service, they can (i) review the Data and/or make the necessary modifications in said Data to their personal information pages, or (ii) make a request, by registered letter with acknowledgement of receipt, to the following address: Actinic-Oxatis - Customer Service Department - Immeuble Acropolis, 171 bis chemin de la Madrague Ville - 13002 Marseille, France.
Similarly, Subscribers and Users may also require that inaccurate, incomplete, ambiguous or out of date personal Data held on them be rectified, completed, clarified, updated or deleted.
Furthermore, Subscribers and Users have the right to object to their personal Data being processed or transferred by making a request, by registered letter with acknowledgement of receipt, at the aforementioned address. As certain Data is necessary to use the Services, Subscribers and Users wishing to object to the processing of their Data will not be able to use the Services.
11.7 - Cookies
Cookies are used to help manage the Actinic-Oxatis site because they allow internet users to recognize IP addresses, make statistical analyses and measure market share, in order to provide the most personalised service as possible.
Subscribers and Users wanting to register on the Actinic-Oxatis website and use the Services cannot object to the insertion of cookies on their computers because enables the personalisation of a range of services and content to be available on the Actinic-Oxatis website.
Cookies are stored in the computer for (1) year.
Using cookies is very common on the Internet network. Nevertheless, it is possible to object to the insertion of cookies by configuring the computer's browser preferences not to accept cookies. If the Subscriber or User chooses not to accept cookies in their browser, they can nevertheless use Oxatis Services in their entirety, after having registered, which is mandatory for the use of all Actinic-Oxatis Services.
11.8 - Security
Oxatis commits to maintaining the confidentiality and integrity of any personal Data collected from the Subscriber or User.
12 - ACTINIC-OXATIS’S WARRANTIES AND LIABILITIES
Actinic-Oxatis is in no way responsible for the Content hosted on Subscriber’s Websites.
Note that Actinic-Oxatis has no control, in any form whatsoever, over the nature and characteristics of the data that may be transmitted by or stored on the Services. In this regard, Actinic-Oxatis will not be held responsible specifically for:
- The content of messages sent by the Subscriber by means of Actinic-Oxatis Services;
- Damage caused by the loss, alteration or fraudulent access to the data stored and / or hosted by Actinic-Oxatis.
To all intents and purposes, it is specified that Actinic-Oxatis is not the editor of Subscriber Websites and, consequently, Actinic-Oxatis cannot be liable for any content on these websites.
Actinic-Oxatis will not be held liable in any circumstances for any indirect damage, such as the loss of income, customers, data, any financial or commercial loss, commercial disruption, loss of profit or any intangible damage whatsoever.
In all cases and whatever basis of liability Actinic-Oxatis has, Actinic-Oxatis’s total liability shall not exceed the total amount paid by the Subscriber to Actinic-Oxatis in the twelve (12) months preceding the date of the incident.
Actinic-Oxatis will not be held responsible for content available on other sites or Internet sources which is made accessible through hypertext links inserted on the Subscriber’s site (including those relating to advertisements, products, services or any other information).
Actinic-Oxatis cannot warrant Subscribers that no errors will occur while using the site. Actinic-Oxatis does not warrant that the obtained results, information and services form the site will be free of defect or error.
Moreover, Actinic-Oxatis is dependent on the quality of the Internet environment. Consequently, Actinic-Oxatis does not warrant the reliability of the Services and cannot warrant that it will correct faults observed on the Internet network. Therefore, Actinic-Oxatis will not be held liable for difficulties in the transmission of Content or, more generally, for any disruption of the Internet network affecting the use of the Services. Oxatis makes no warrants concerning the transmission conditions, quality and accessibility of Content.
It is expressly agreed between the parties and accepted by the Subscriber that the provisions of this clause shall continue to apply even after termination of the contract following a court decision which becomes final.
These provisions establish an allocation of risk between Actinic-Oxatis and the Subscriber. The price paid for the Services reflects this allocation and the limitation of liability that is set.
13 - REMOVAL OF CONTENT AND SUSPENSION OF SUBSCRIBER ACCOUNTS
Actinic-Oxatis also has the right to block the Subscriber's access to any or all parts of the Services or suspend the Subscriber's account at any time and without compensation for any period of time Actinic-Oxatis deems appropriate.
Insofar as is possible, Actinic-Oxatis will notify the Subscriber concerned about the removal of the Content or the suspension of his account and the reasons for this removal or suspension.
14 - CANELLATION AND DEACTIVATION OF SUBSCRIBER ACCOUNTS
14.1 - Cancellation
14.2 - Deactivation
15 - MISCELLANEOUS
15.1 - Force Majeure
Any event relating to a case of force majeure, such as is normally defined by case law, suspends the rights and obligations of the parties. In the situation where these events persist beyond a two (2) month time period from the time of incidence, the parties can terminate the Subscription Contract without compensation on either party, by means of a registered letter with acknowledgment of receipt giving notice of the facts in question and the date of the force majeure incident.
15.2 - Partial Invalidity
15.3 - No Partnership
15.4 - Confidentiality
This commitment remains in effect during the deactivation of the Subscriber's Website.
15.5 - Assignment of Subscription Contract
The Subscriber cannot transfer the Subscription Contract, or any part thereof, to a third-party person in any form, either with or without consideration or let a third-party person profit from the benefits of the Subscription or be replaced by a third-party person for the fulfillment of obligations under the Subscription, without the prior express approval of Actinic-Oxatis.
15.6 - Notification / Complaint
Unless otherwise indicated, any complaints and /or comments from the Subscriber or a User must be addressed to Oxatis by registered letter with acknowledgment of receipt at the following address:
Customer Service Department
171 bis chemin de la Madrague Ville
15.7 - Applicable Law and Competent Jurisdiction
In case of dispute, and after an attempt to reach an amicable solution, the court having sole jurisdiction is that of Marseille, France.