Acceptance of General Terms and Conditions of Use
Use of the website www.dalkia.fr (hereinafter the “Website”) and the information published on it is subject to acceptance of these General Terms and Conditions of Use (hereinafter the “General Terms and Conditions”), which govern the use of the Website.
Any internet user who browses or uses the Website (hereinafter the “User”) undertakes to comply with all the provisions of these General Terms and Conditions when they access or use the Website. Use of the Website by the User implies the User’s acceptance of the General Terms and Conditions.
Amendments
DALKIA may amend the General Terms and Conditions or amend, delete or add elements to the Website at any time.
Any amendment to the General Terms and Conditions will be immediately apparent on the Website via the General Terms and Conditions of Use section. The new Terms and Conditions will prevail over any previous versions.
Hyperlinks
The Website may contain hyperlinks to websites published by third parties. These websites are independent of the Website and are provided for information purposes only. DALKIA does not publish and has no control over the sources or content of these websites or their links to other websites.
The links to these websites do not in any way imply DALKIA’s approval, endorsement or support for the content of these websites nor any association between DALKIA and the owners and/or authors, designers, coordinators, managers or hosts of these websites.
Accordingly, DALKIA cannot be held liable for the content, cookies or any other elements on these websites or for any damage or loss, either actual or alleged, arising from or in connection with the use of the information, services or data available on said websites.
Intellectual property
The User acknowledges that the Website and all the content accessible via the Website (including but not limited to the style guide, Website architecture, texts, images, sounds, logos, maps, graphs, photographs, illustrations, software, programs, brands, databases, etc.) are protected by intellectual property rights and/or any other right recognised by the legislation in effect, and are the exclusive property of DALKIA or the property of third parties that have authorised DALKIA to use them on the Website.
These General Terms and Conditions do not imply any assignment of intellectual property rights to the content of the Website, the User being hereby granted a simple and non-exclusive, non-assignable and non-transferable right to access and use the Website. Any right that is not expressly granted by these General Terms and Conditions is expressly reserved for DALKIA or third parties.
The User is not authorised to:
- copy, reproduce, represent, disseminate, distribute or publish, either permanently or temporarily, any part or all of the Website and/or its content by any means and on any medium, whether currently in existence or not;
- create works derived from the Website and/or its content;
- modify, translate, adapt or arrange any part or all of the Website and/or its content;
- disassemble, decompile or reverse engineer the Website and/or its content;
- distribute, transfer, disseminate, sell, lease, grant or use any part or all of the Website and/or its content in any way whatsoever, without the express, prior, written consent of DALKIA.
In accordance with Article L.122-4 of the French Intellectual Property Code, any full or partial representation or reproduction of the Website or its content that is not expressly authorised, by any process whatsoever, would be illegal and constitute an act of fraud sanctioned by Articles L.335-2 et seq. of said Intellectual Property Code.
It is also stipulated that the names, trademarks, signs and/or logos present on the Website are protected by French (and/or international, if applicable) legislation in relation to intellectual property rights. Unauthorised reproduction, imitation or use thereof would constitute an act of fraud as defined in Articles L.716-1 et seq. of the Intellectual Property Code.
The same shall apply to any databases that may be present on the Website, which are protected by the provisions of the Act of 1 July 1998, transposing the EU Directive of 11 March 1996 on the legal protection of databases into the Intellectual Property Code. In this respect, the User may be held liable for any unauthorised reuse, reproduction or extraction of said databases.
As a consequence, the User undertakes not to engage in any activities or actions that might infringe the intellectual property rights of DALKIA, either directly or otherwise.
Liability
The Website is provided by DALKIA without any particular guarantee as to its quality or availability. The User acknowledges that DALKIA cannot be held liable by it or any third party for any change, suspension or interruption in relation to access to the Website or its operation.
The information on the Website is provided on a purely indicative basis. DALKIA cannot guarantee the accuracy or completeness of the information published on the Website, or confirm that it is up to date. The User should carry out any further analysis necessary for their needs. DALKIA therefore cannot be held liable for errors or omissions, or any lack of availability of information or services, if applicable.
As a consequence, the User acknowledges that they use the information provided under their sole responsibility. DALKIA cannot be held liable for any direct or indirect harm that might result from accessing or using the Website, including but not limited to a lack of availability, loss of data and/or the presence of viruses on the Website.
Applicable law
These General Terms and Conditions are governed by French law.
Any dispute that may arise between DALKIA and a User, concerning these General Terms and Conditions, which cannot be settled amicably, will be referred to the appropriate French courts.