Legal warning for theforcepedal.com
1. Introduction
a. The present general conditions of use govern all relations between the www.theforcepedal.com website published by Bioforce SAS, whose identity and contact details are specified in the “legal notice” section, and the Internet user.
b. Any Internet user who wishes to use the www.theforcepedal.com site is deemed to have read these general terms of use.
c. These general conditions of use are not general conditions of sale or general conditions of service.
d. They are intended to constitute the rule that must be respected by any Internet user visiting the site www.theforcepedal.com .
e. Any Internet user must, at each visit, take note of any changes to these terms and conditions, as Bioforce SAS reserves the right to modify them at any time.
2. Definitions
a. The terms defined below shall have the following meaning between the Parties:
• “Internet”: network of networks allowing the exchange of information using a protocol known as TCP/IP. The data is routed through networks of different nature that are capable of reading the messages according to this technical standard. Each element of this network belongs to private or public organizations that operate them in cooperation without necessarily implying a bilateral obligation of quality;
• “Internet user” means any person accessing and using the functionalities of this Site;
• “Parties”: means Bioforce SAS or the Internet user in the singular, and Bioforce SAS and the Internet user together in the plural;
• “Regulations relating to the protection of personal data”:
o the French Data Protection Act (Loi relative à l’informatique, aux fichiers et aux libertés) No. 78-17 of January 6, 1978, as amended, and any updates or amendments thereto; and
o the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation);
• Site: website published by Bioforce SAS, accessible at the url www.theforcepedal.com .
3. Purpose and description
The purpose of the present document is to set out the conditions of use of the Site and all the pages of the Site.
This Site is a portal site that allows Internet users to :
learn more about the Bioforce SAS activities, products, promotions and services
to discover its sites, in particular those of e-commerce and to buy products and services on line via the e-commerce sites;
to have access to practical local services.
If the Internet user wishes to use the eshop of which the Site refers, he/she is invited to consult the general terms and conditions of sale and the notices relating to the security of payment methods directly on these sites.
4. Entry into force – Duration
a. These general terms and conditions of use come into force on the date they are put online and will be enforceable on the date of the first use of the Site by the Internet user.
b. These general terms and conditions of use are enforceable during the entire period of use of the Site and until new general terms and conditions of use replace the present ones.
c. The Internet user may at any time renounce to use the Site but remains responsible for any previous use.
5. Access to the Site
General access
a. Access to the Site is free. It is in principle accessible 24 hours a day, 7 days a week.
b. Bioforce SAS endeavours to provide quality access and to enable Internet users to use the means of communication made available to them under the best possible conditions.
c. Due to the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information data, Bioforce SAS makes its best efforts, in accordance with the rules of the art, to allow access to and use of the Site. However, Bioforce SAS cannot guarantee that the Site will be accessible or available at all times.
d. However, Bioforce SAS reserves the right, without prior notice or compensation, to temporarily or permanently close the Site, in particular to carry out updates, maintenance operations, modifications or changes to operational methods and servers, without this list being exhaustive.
e. Bioforce SAS is not responsible for damages of any kind that may result from these changes or from the temporary unavailability or permanent closure of all or part of the Site or the services associated with it.
f. Bioforce SAS reserves the right to complete or modify, at any time, the Site and the services associated with it.
g. It is the responsibility of the Internet user to ensure that the computer and transmission means at his disposal are able to adapt to the evolution of the Site.
Creation of an account
a. Access to certain sections of the Website may require the creation of an account by the Internet user.
b. The Internet User shall refrain from creating an account under the identity of a third party. The Internet User is solely responsible for the confidentiality of his identifiers (user name and password) enabling him to use his account. Any use of the account by means of his personal identifier and password is presumed to have been made by the Internet user or a third party authorized by the Internet user, and this until his account is deactivated.
c. The Internet User’s account identifiers may be used to access services, including those offered via the websites or mobile applications of other Bioforce SAS.
d. The Internet user undertakes to provide accurate information, particularly when creating his/her account, and to update it regularly via the “my account” section.
e. In the event of non-compliance with the general terms and conditions of use of the site, Bioforce SAS reserves the right to deactivate, by right and without compensation, the Internet user’s account without having to respect any notice period, after sending an e-mail or a registered letter with a request for acknowledgement of receipt, which has remained without effect for more than 30 days.
f. In the event of a manifest and significant breach and/or fraud by the Internet user, the account will be deactivated by right, without notice, without formality and without compensation.
6. Advertising and promotion on the site
Bioforce SAS reserves the right to broadcast, free of charge or for a fee, advertising or promotional messages on its site.
7. Hypertext links
a. Bioforce SAS reserves the right to set up hyperlinks on its Site giving access to web pages other than those of its Site over which Bioforce SAS has no control.
b. Bioforce SAS declines all responsibility for the conditions of access to these sites, their operation, their use of Internet users’ personal data and the content of the information provided on these sites when the hyperlinks are activated.
c. Any Internet user who has a personal website and wishes to place, for personal purposes, on his or her site a simple link leading directly to the Site’s home page, must obtain Bioforce SAS’s express authorization to establish this link.
d. Under no circumstances may this authorization be qualified as an implicit affiliation agreement.
e1. In any event, hypertext links to the Site without the authorization of Bioforce SAS must be withdrawn at the first request of Bioforce SAS.
8. Personal data
a. In accordance with the regulations on the protection of personal data, the Internet user is hereby informed that Bioforce SAS, as the data controller, processes personal data.
b. To find out more about this processing of personal data and the extent of their rights, Internet users are invited to refer to the External Personal Data Protection Policy, which can be accessed at https://www.theforcepedal.com /privacy-policy
9. Cookies
a. To enable Internet users to benefit from the services offered by the Site such as its consultation, optimization of its use or personalization according to the Internet user, the Site uses cookies. To find out about our cookie policy, Internet users are invited to click on the following link https://www.theforcepedal.com/cookie-policy
10. Responsibility of Bioforce SAS
10.1 General liability
a. Bioforce SAS shall not be liable for :
the quality of the Site, the Site being offered “as is” ;
the disruption of the use of the Site
the impossibility of using the Site;
attacks on computer security, which may cause damage to the computer equipment of Internet users and their data;
infringement of the rights of Internet users in general.
9.2 Responsibility for information on the Site
b. Bioforce SAS shall not be held liable for any direct or indirect damage that may result from access to or use of the Site or the information contained therein, whatever its nature.
c. Bioforce SAS makes every effort to provide up-to-date information on its Site. All information made available to persons accessing the Site has been selected on a specific date.
d. The information on the Site reflects an opinion at the time of its creation and not at the time of consultation of the Site. It may need to be updated, which may not have occurred at the time of consultation for technical or other reasons.
e. Bioforce SAS cannot be held responsible for any error or omission. Any update, new service or new feature that improves or increases one or more existing information contents will be subject to the present conditions.
f. Bioforce SAS declines all responsibility concerning the appropriateness of decisions and the methods of their execution taken by Internet users solely on the basis of information published on the Site.
11. Obligations of the Internet user
a. The Internet user undertakes to use the Site and all the information to which he or she may have access only to obtain information and for a purpose that complies with public order, good morals and the rights of third parties.
b. Thus, it is forbidden to publish or transmit via the Site any element that is illicit, prejudicial, defamatory, pornographic, hateful, racist or otherwise offensive to human dignity. In the event that Bioforce SAS is informed of the presence of illicit content on the Site, Bioforce SAS is entitled to immediately remove the content.
c. The Internet user also undertakes not to disrupt the use that other Internet users may make of this Site and not to access parts of the Site to which access is reserved.
12. Intellectual property
a. The content of the Site, the general structure as well as the software, texts, animated or non-animated images, photographs, its know-how and all other elements composing the Site are the exclusive property of Bioforce SAS or of third parties who have granted it a license.
b. The present general conditions of use do not imply any transfer of any kind of intellectual property right on the elements belonging to Bioforce SAS or on the elements of the partners or third parties who have granted it a license, such as sounds, photographs, images, literary texts, artistic works, software, brands, graphic charters, logos for the benefit of the consumer.
c. The Internet user is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the pages of the Site, or the computer codes of the elements making up the Site.
d. Any reproduction and/or representation, whether total or partial, of one of these rights, without the express authorization of Bioforce SAS, is prohibited and would constitute an infringement likely to engage the civil and penal liability of the infringer.
e. Consequently, the Internet user shall refrain from any action or act likely to infringe directly or indirectly the intellectual property rights of Bioforce SAS.
f. The same applies to any databases appearing on the Site, which are protected by the articles of the Intellectual Property Code. Any extraction or reuse, in whole or in part, of the said databases and their content is therefore prohibited without the prior express authorization of Bioforce SAS.
g. The distinctive signs of Bioforce SAS and its partners, such as domain names, brands, names and logos appearing on the Site are protected by the Intellectual Property Code. Any reproduction, in whole or in part, of these distinctive signs made from elements of the Website without the express authorization of Bioforce SAS is therefore prohibited, within the meaning of the Intellectual Property Code.
h. Only use in accordance with the purpose of the Site is authorized.
i. Any other use, not expressly authorized in writing and in advance by Bioforce SAS, is prohibited and constitutes an infringement.
13. Tolerance
a. The Parties mutually agree that the fact that one of the Parties tolerates a situation, regardless of its frequency and duration, does not have the effect of granting the other Party acquired rights, nor of modifying the present General Conditions of Use.
b. Furthermore, such tolerance shall not be construed as a waiver of the rights at issue.
14. Title
In the event of any difficulty of interpretation resulting from a contradiction between any of the headings appearing at the head of the clauses and any of the clauses, the headings shall be declared non-existent.
15. Nullity
If one or more of the provisions of these general terms and conditions of use are held to be invalid or declared as such in application of a law, a regulation or as a result of a final decision of a competent court, the other provisions shall retain all their force and scope.
16. Domiciliation
For the execution of the present agreement and except for specific provisions, the Internet user agrees to address all correspondence to the registered office of Bioforce SAS.
17. Applicable law
These general terms and conditions of use of the Site are governed by French law.
This applies to the rules of substance and form, notwithstanding the place of performance of the substantial or accessory obligations.
17. Jurisdiction
IN THE EVENT OF A DISPUTE ARISING FROM THE INTERPRETATION OR EXECUTION OF THESE GENERAL TERMS AND CONDITIONS, THE COMPETENT JURISDICTION SHALL BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF COMMON LAW.
