The Semkel website accessible at semkel.com is operated by Semkel SA, a public limited company with a board of directors and a share capital of 2,702,000 Euros, whose registered office is located at 37/39, rue Dubois Crance 69600 Oullins, registered in the Lyon Trade and Companies Register under number 894 689 975.
The use of the Services and browsing on the Site as defined below implies the User's full and unreserved acceptance of these general conditions of use. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. Any User who does not agree to be bound by these terms and conditions must not use the Site or the Services.
In this document, terms appearing with a capitalized first letter shall have the meanings given below:
The purpose of the GCU is to define the terms and conditions of use of the Site. They are accessible and printable at any time by a direct link at the bottom of the home page of the Site.
They may be supplemented, if necessary, by the General Terms and Conditions of Sale which are specific. In the event of contradiction, the aforementioned special conditions shall prevail over the present GTC.
The Site is accessible to any User, subject to restrictions on access or specific functionalities applicable or reserved for Users who have subscribed to certain Services under the conditions set out in these GCU.
The User is informed and accepts that access to the Site requires that he/she is connected to the Internet and that the quality of access to the Site depends directly on this connection, for which Semkel is not responsible.
Access to the Semkel Services is subject to a fee, restricted to Customers who have subscribed to the Semkel Services, and subject to the specific terms and conditions set forth in the Semkel Terms and Conditions.
The User undertakes and is responsible for the commitment of any of his or her staff to use the Site in compliance with these terms and conditions, in good faith and in accordance with the legislation in force.
Any fraudulent, abusive, illicit or dishonest use of the Site by the User is strictly forbidden. In particular, the User is prohibited from (i) reproducing, distributing, or publicly communicating the Content of the Site, other than within the framework of the right to short quotations of the Content which must, in accordance with article L.122-5 (ii) to transform or modify the Site or any Content without the prior written consent of Semkel, (iii) to engage in any activity that is unlawful, fraudulent, contrary to these TOU, to applicable law or to good faith, or that may prevent or hinder the proper use of the Site.
Furthermore, the User acknowledges and expressly agrees that it is strictly prohibited to use the Site for the following purposes: i) interrupting, suspending, slowing down or preventing the continuity of the Services provided by the Site, ii) any intrusions or attempted intrusions into Semkel's systems, iii) any misappropriation of Semkel's system resources, iv) any actions of such a nature as to impose a disproportionate burden on Semkel's infrastructure, iv) any infringement of security and authentication measures, v) any acts which may prejudice the financial, commercial or moral rights and interests of Semkel or other Users of the Website, and vi) in general any breach of these TOU or any practice which misuses the Website for purposes other than those for which it was designed.
In the event of a breach of any of the provisions of these TOU or, more generally, a breach of applicable laws and regulations by a User, Semkel reserves the right to take any appropriate action, including immediately suspending and/or terminating the User's access to the Services, deleting any Content posted on the Site, without prejudice to any legal action that Semkel may take to enforce its rights and claim any resulting damages.
Subject to the provisions of this Article and any applicable mandatory legal provisions, Semkel expressly disclaims any express, implied or statutory warranties with respect to any aspect of the Site, including but not limited to any warranty of merchantability or fitness for a particular purpose.
The User acknowledges that access to and use of the Website is dependent on the Internet network, the malfunctioning of which may lead to discontinuities in the availability of the Services beyond the control of Semkel. Semkel excludes any liability for the occurrence of such discontinuities in the provision of access to the Website and the Services.
Semkel shall not be liable for (i) any failure or malfunction of the Website caused by the improper handling or use of the User, (ii) any failure caused by the intervention of a User on the Website, or of any third party, (iii) any malfunction of the telephone network, (iv) any improper backup of the User's data, (v) any breach of the User's obligations. Semkel does not guarantee that the Website will function uninterruptedly, securely, accurately, punctually, without viruses or without errors.
Finally, Semkel may include links to third party websites. Semkel expressly excludes any liability for the conditions of access by Users to third party websites via links set up within the framework of the Site, nor for the content of the information provided on such third party websites by virtue of the activation of such links.
In any event, the User acknowledges and accepts that Semkel is bound by an obligation of means under these terms and conditions and undertakes to use its best efforts to comply with the commitments made hereunder and in particular to ensure continuity of access to the Site.
The User undertakes to notify Semkel of any malfunctioning of the Platform immediately after becoming aware of such malfunctioning to the contact details provided by Semkel so that Semkel can intervene as soon as possible to carry out the necessary maintenance measures.
Thus, Semkel undertakes to carry out any corrective or evolutionary maintenance operation outside of working hours, i.e. avoiding the hours between 8 a.m. and 8 p.m. on Working Days, and to inform the User with reasonable notice of any anticipated interruption of access to the Site.
The User acknowledges and agrees that Semkel may restrict, limit or suspend access to the Site as a result of a decision by an administrative, arbitral or judicial authority or as a result of changes in the regulations applicable to the business of Semkel. Semkel shall not be liable under these conditions.
In any event and notwithstanding the foregoing, Semkel's liability shall not exceed the limitations of liability set forth in the General Terms and Conditions of Sale.
The User acknowledges and agrees that (i) viruses, worms, Trojan horses or other unwanted data or software, or (ii) unauthorized users (e.g., hackers) may attempt to gain access to and damage the User's data, computers or networks. Semkel shall not be liable for any such activities, whether such activities result from the use of the Site or from the User's activation of any hypertext links on the Site.
Semkel shall not be liable for any incident, damage, deterioration or event, which may occur as a result of access to and use of the Site and as a result of the downloading, storage, retention or use of any material or data by the User or of any third party program or software.
Likewise, Semkel shall not be liable for any technical difficulties, including, but not limited to, any difficulties in the compatibility of the programs, computer files and data provided or communicated by Semkel on the Site with the technical and computer environment of the User. The User is solely and exclusively responsible for his technical and computer environment. It is the User's responsibility to own and/or obtain any software, programs or technical or computer elements that allow the User to access and use the Site.
The User is solely responsible for his computer security, for which he undertakes to put in place all the necessary tools to detect, process and eliminate any malicious software, program or technical or computer element, including any software, program or technical or computer element that may affect the Site.
The systems, software, source codes, structures, infrastructures, databases and Contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) relating to the Site are the intellectual property of Semkel.
Semkel may also include links to contents published by third parties, which are and remain the exclusive intellectual property of such third parties.
The User shall not, directly, indirectly or through third parties, infringe, jeopardize or limit, by any means whatsoever, the intellectual property rights of Semkel or third parties to the Website and its Content.
Similarly, any reproduction, representation, adaptation, modification, translation, transformation, broadcasting, integration into another material, commercial or non-commercial exploitation and/or reuse in any way whatsoever of all or part of the elements making up the Site or its Content that does not comply with the terms of these TOS is strictly forbidden.
The User is granted a strictly personal, limited, non-exclusive, non-transferable, non-assignable right to use the Site free of charge, in order to use the Site in accordance with the GTU.
The User may not rent, sell, loan, sublicense, copy, modify, adapt, bundle, translate, decompile, disassemble, reverse engineer, or create derivative works based on all or part of the Site.
Semkel may change the terms and conditions of the TOU at any time. Visitors may at any time take note of the new General Terms and Conditions of Use published on the Website.
If any provision of the TOS is found to be invalid under any applicable law or court order, it shall be deemed unwritten, but this shall not invalidate the TOS or affect the validity of the remaining provisions.
The present GTU are governed by French law. In the event of a dispute concerning the validity, interpretation and/or execution of these GTU, the courts of Lyon will have exclusive jurisdiction to judge.
