I. REGISTERED OWNER
- This website is owned and maintained by HLB Maupard Fiduciaire S.A.S. with a share capital of €350,050, registered office address: 18 Rue Jean Mermoz, Paris, France, 75008. SIRET(incorporation number): 438 230 278 00014.
- This website is operated by Maupard Fiduciaire. Throughout the site, the terms “we”, “us” and “our” refer to Maupard Fiduciaire. Maupard Fiduciaire offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
- By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
- Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
- Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
- Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
II CONDITIONS OF USE
- This page (together with the documents referred to on it) defines the conditions of use (Conditions of use) on which you may make use of our website www.maupard.com(the Website) whether it is accessed directly or through the domains www.maupard.co.uk, or www.maupard.fr, whether as a guest or a registered user.
8. The term ‘the Website’ shall refer to any of the three (3) domains previously listed. Please read these Conditions of use carefully before you start to use the Website.
9. By using the Website, you indicate that you accept these Conditions of use and that you agree to abide by them. If you do not agree to these Conditions of use, please refrain from using the Website.
- We reserve the right to refuse service to anyone for any reason at any time.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
- The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
III. ACCESSING THE WEBSITE
- Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice (see below). We will not be liable if for any reason the Website is unavailable at any time or for any period.
- From time to time, we may restrict access to some parts or the entirety of the Website, to users.
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you, or allocated by us, at any time, if, in our opinion, you have failed to comply with any of the provisions of these Conditions of use.
- When using the Website, you must comply with the provisions of our acceptable use policy.
- You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Conditions of use, and that they comply with them.
IV. RELIANCE ON INFORMATION POSTED
- All material posted on the Website is intended for information purposes only and does not represent legal advice on which reliance should be placed. Users are hereby placed under notice that they should take appropriate steps to verify such information. No user should act or refrain from acting on the information contained in the Website without first verifying the information and as necessary obtaining legal and/or professional advice.
V. OUR LIABILITY
- HLB Maupard Fiduciaire (Maupard Fiduciaire) makes no representations or warranties whatsoever as to the accuracy of the information contained on the Website. To the extent permitted by law, Maupard Fiduciaire expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Maupard Fiduciaire expressly disclaims all liability and responsibility for any direct, indirect or consequential loss or damage incurred by any user arising from any reliance placed on materials posted on the Website by any visitor to the Website and by anyone who may be informed of any of their contents, or from the use or inability to use the Website, whether directly or indirectly, resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable and Maupard Fiduciaire had been advised of the possibility of the same. Direct, indirect or consequential loss and damage shall include but not be limited to loss of profits or contracts, loss of income or revenue, loss of business, loss of goodwill, and wasted expenditure or management time.
- Nothing in these Conditions of use shall exclude Maupard Fiduciaire’s liability for death or personal injury resulting from its negligence, or its liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
VI. CHANGES TO THE WEBSITE
- We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely.
VII. VIRUSES, HACKING AND OTHER OFFENCES
- The user agrees that material downloaded or otherwise accessed through the use of the Website is obtained entirely at the user’s own risk and that the user will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data, even if such loss and damage was reasonably foreseeable and Maupard Fiduciaire had been advised of the possibility of the same.
- You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack, a distributed denial-of service attack, or any other form of attack.
- By breaching the provision in paragraph 16, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on them, or on any website linked to them.
VIII. LINKING TO THE WEBSITE
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link from any website that is not owned by you.
- The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
- If you wish to make any use of material on the Website other than that set out above, please address your request to our contact website.
IX. THIRD PARTY WEBSITES
- Maupard Fiduciaire does not accept any liability or responsibility for any third party websites that can be accessed through the Website or for any loss or damage that may arise from your use of them. Maupard Fiduciaire does not endorse or approve the contents of any such site and these links are provided for your information only.
X. UPLOADING MATERIAL TO THE WEBSITE
- Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply with acceptable content standards as defined in the acceptable use policy (see below). You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
- Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
- We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
- We have the right to remove any material or posting you make on the Website if, in our opinion, such material does not comply with acceptable content standards as defined in the acceptable use policy (see below).
XI. GENERAL STATEMENT
- If any provision of these Conditions of use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions which shall remain in full force and effect.
- Maupard Fiduciaire’s omission to exercise any right under these conditions of use or the notice of copyright shall not constitute a waiver of any such right unless expressly accepted by Maupard Fiduciaire in writing.
- These Conditions of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The user and Maupard Fiduciaire agree to submit any dispute (including any non-contractual dispute) arising out of or in connection with the use of the Website to the jurisdiction of the courts of England and Wales.
- We may revise these Conditions of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Conditions of use may also be superseded by provisions or notices published elsewhere on the Website.
XII. NOTICE OF INTELLECTUAL PROPERTY RIGHTS
- Except where expressly stated to the contrary, all intellectual property rights in the text, graphics, information, motifs, logos, designs and databases contained in this site including the domain names, organisation and layout of the site and the software used in relation to the site are owned by Maupard Fiduciaire or its licensors.
- All other trademarks referred to on the site are the trademarks of their respective owners and you will require their specific authorisation should you wish to use any of the trademarks.
- You may print or download to a computer extracts amounting to no more than six pages of this site exclusivey for personal use provided in all cases that:
44.1. the Website is the acknowledged source including the reference www.maupard.com
44.2. you do not modify the paper or digital copies of any materials you have printed off or downloaded, in any way; and
44.3. you do not use any graphics, illustrations or photographs, separately from any accompanying text.
- This permission may be revoked at any time by Maupard Fiduciaire. Material displayed on the site, in whole or in part, may not otherwise be copied, reproduced, republished or incorporated in any other work or publication, whether paper or electronic media or any other form, without Maupard Fiduciaire’s prior written permission. Sending copies of material to clients does not constitute reference purposes and is not permitted.
- You may not reproduce or store any part of this site in any other web site, document management system or electronic retrieval system (via screen-scraping or otherwise) without Maupard Fiduciaire’s prior written permission.
- You must not use any part of the materials on this site for commercial purposes (other than use expressly permitted herein) without obtaining a licence to do so from Maupard Fiduciaire or its licensors. In particular you must not:
47.1. use this site for any kind of marketing activity; or
47.2. use any information on this site to create, update, amend or verify your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists to provide any kind of commercial information service.
- Maupard Fiduciaire will vigorously pursue any violation of its intellectual property rights that seeks to exploit its material for commercial gain or to misrepresent its stance.
- Any rights not expressly granted in this notice are reserved.
XIII. ACCEPTABLE USE POLICY
- This acceptable use policy sets out the terms between you and Maupard Fiduciaire under which you may access the website www.maupard.com(the Website) whether it is accessed directly or through the domains www.maupard.co.uk, or www.maupard.fr, whether as a guest or a registered user.
- The term ‘the Website’ shall refer to any of the three (3) domains listed in paragraph 42 for the purposes of this acceptable use policy.
- This acceptable use policy applies to all users of, and visitors to, the Website.
- Your use of the Website means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Conditions of use.
XIV. PROHIBITED USES
55. You may use the Website only for lawful purposes. You may not use the Website:
55.1. in any way that breaches any applicable local, national or international law or regulation
55.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
55.3. for the purpose of harming or attempting to harm minors in any way
55.4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards
55.5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
55.6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
56. You also agree:
56.1. not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of our Conditions of use, and
56.2. not to access without authority, interfere with, damage or disrupt
56.2.1. any part of the Website
56.2.2. any equipment or network on which the Website is stored
56.2.3. any software used in the provision of the Website, or
56.2.4. any equipment or network or software owned or used by any third party.
XV. INTERACTIVE SERVICES
57. We may from time to time provide interactive services on the Website, including, without limitation:
57.1. comment spaces and forums
57.2. public profiles
57.4. application forms, and
57.5. any other forms of user-generated content.
59. We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
60. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
XVI. CONTENT STANDARDS
- These content standards apply to any and all material which you contribute to the Website (contributions), and to any interactive services associated with them. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Contributions must:
62.1. be accurate (where they state facts)
62.2. be genuinely held (where they state opinions)
62.3. comply with applicable law in the UK and in any country from which they are posted.
- Contributions must not:
63.1. contain any material which is defamatory of any person
63.2. contain any material which is obscene, offensive, hateful or inflammatory
63.3. promote sexually explicit material
63.4. promote violence
63.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
63.6. infringe any copyright, database right or trademark of any other person
63.7. be likely to deceive any person
63.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
63.9. promote any illegal activity
63.10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
63.11. be likely to harass, upset, embarrass, alarm or annoy any other person
63.12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person
63.13. give the impression that they emanate from us, if this is not the case, or
63.14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
XVII. SUSPENSION AND TERMINATION
- We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Failure to comply with this acceptable use policy constitutes a material breach of the Conditions of use upon which you are permitted to use the Website, and may result in our taking all or any of the following actions:
65.1. immediate, temporary or permanent withdrawal of your right to use the Website
65.2. immediate, temporary or permanent removal of any posting or material uploaded by you to the Website
65.3. issue of a warning to you
65.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
65.5. further legal action against you, or
65.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
XVIII. CHANGES TO THE ACCEPTABLE USE POLICY
- We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the Website.
XIX. PRIVACY STATEMENT
- This policy (together with our Conditions of use and any other documents referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
70.1. to assure you that we recognise and fully respect the privacy and personal data of the visitors to this website; and
70.2. to explain what personal information we collect from this website and how we ensure its best protection.
XX. DATA PROTECTION
- Maupard Fiduciaire complies with the Data Protection Act 1998 (hereafter the Act). For the purposes of the Act, Maupard Fiduciaire is the data controller and sole owner of the personal data collected on the Website.
- We use up-to-date industry procedures to keep personal data as safe and secure as possible and to protect against loss, unauthorised disclosure or access. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
- The Act gives you the right to access details that we hold about you. Your right of access can be exercised in accordance with the Act. A small fee may be payable in respect of any access request.
XXI. INFORMATION WE MAY COLLECT FROM YOU
- It is not necessary for you to register with us in order to access the Website. However we may collect some information from interactive features such as online surveys, contact and registration forms. The basic personal information about you which we may collect and process is:
78.1. your name
78.2. your company/place of work
78.3. telephone number(s)
78.4 your e-mail address
78.5. your user ID and password.
- Depending on what you are registering for, additional information may be collected from you.
- We may also collect and process information provided by you at the time of posting material to the Website, as well as details of your visit to the Website (including, but not limited to, traffic data, location data, weblogs and other communication data), and the resources that you use. Further, if you contact us, we may also keep a record of that correspondence.
XXII. USES MADE OF THE INFORMATION
- We may use information held about you in the following ways:
81.1. to ensure that content from the Website is presented in the most effective manner for you and for your computer
81.2 to allow you to participate in interactive features of our service, when you choose to do so, and
81.3 to notify you about changes to our service.
- We may also use your data for the purposes of advertising, marketing and public relations, so as to provide you with information about goods and services which may be of interest to you.
- If you do not want us to use your data in this way, please contact us through our contact page. (https://www.maupard.com/contact/)
XXIII. CHANGING THE INFORMATION WE HOLD ABOUT YOU
84. If you would like to change any information we hold about you that has been collected via use of this Website or want to it to be removed from our database, you should contact us at our contact page. (https://www.maupard.com/contact/)
XXIV. THIRD-PARTY LINKS
- We do not, at present, forward the information collected about you to any third parties except where required by law to do so or in order to enforce or apply our Conditions of use. However, we reserve the right to change this position at any time.
86. If Maupard Fiduciaire chooses to employ the services of a third party it will inform you, but the change will only apply in relation to information which we collect from you after we have informed you of the change. We will not disclose any information we have already collected about you without your consent, other than where required to do so by law or in order to enforce or apply our Conditions of use.
87. At all times, Maupard Fiduciaire will control and be responsible for the use of your personal information.
- Certain content, products and services available via our Service may include materials from third-parties.
- Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
- We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- By using the Website, you consent to the collection and use of your personal information in the manner set out above.
- You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing at any time by contacting us at our contact page.(https://www.maupard.com/contact/)
- The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
XXVII. PRIVACY AND COOKIES
95. Cookies are small text files stored on your computer while you are visiting a website. Cookies help make websites work. They also provide us with aggregated information about how users interact with our site. We use this information to try to improve your experience on our website.
97. The law about cookies changed in May 2011. Websites must get your agreement before they set certain types of cookie on your computer or handheld device.
98. Complete information about the cookies we may set on your browser appears below. A hyperlink to this information about cookies appears prominently on most pages of our website.
XXVIII. COOKIES SET BY WWW.MAUPARD.COM
- Cookies are used to track a visitor’s route through our site and enable Maupard Fiduciaire to garner statistical information (like bandwidth, browser use and visitors numbers) about our site for future development. You do not have to accept cookies to view our site but may find some features inaccessible.
- Below is a list of cookies set by the Maupard Fiduciaire website, along with a brief description of what each is used for.
|Cookie Notice||Notice for acceptance of cookies||Session|
|Woocommerce Cart Hash||Temporary Cart icon through the website with the number of items||Session|
|Woocommerce items in cart||Check out of items that are added in the cart list||Session|
|Woocommerce Session||Temporary data of the session created for online shopping||Session|
|WordPress Logged in||WordPress log in information for users registered||Session|
XXIX THIRD-PARTY COOKIES
- A number of the services we use to add value and convenience to your experience of our website may set cookies on your browser on our behalf. These services fall into three broad groups: web analytics, surveys and advertising.
XXX WEB ANALYTICS
XXXI ONLINE STORE TERMS
- By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
- You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the Terms will result in an immediate termination of your Services.
XXXII MODIFICATIONS TO THE SERVICE AND PRICES
- Prices for our products are subject to change without notice.
- We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
- We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
XXXIII ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
- This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
XXXV. PRODUCTS OR SERVICES (if applicable)
- Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
- We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
- We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
- We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
XXXVI. ACCURACY OF BILLING AND ACCOUNT INFORMATION
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- For more detail, please review our Returns Policy.
XXXVII. OPTIONAL TOOLS
- We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
- You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
XXXVIII. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
- If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
- We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
XXXIX. PERSONAL INFORMATION
XL. ERRORS, INACCURACIES AND OMISSIONS
- Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
XLI. PROHIBITED USES
- In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
XLII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Maupard Fiduciaire, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- You agree to indemnify, defend and hold harmless Maupard Fiduciaire and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
XLVI. ENTIRE AGREEMENT
- The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
- These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
XLVII. GOVERNING LAW
- These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France.
XLVIII. CHANGES TO TERMS OF SERVICE
- You can review the most current version of the Terms of Service at any time at this page.
- We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Terms and Conditions, Maupard Fiduciaire, 2016