Term of service
Effective date: 15/05/2023
Memority (“Memority” or “we”) operates a website accessible at the following URL: www.memority.com (the “Site”). This Site allows Memority to make available to any Internet user who accesses it (the “Users” or “you”) content produced by Memority (articles, offers, news, etc.).
These general terms and conditions of service (the “T&C”) govern the use of the Website and access to the content available on it. Memority reserves the right to modify them at any time, in which case you must accept their modification and agree to them again.
Consultation of the Site implies full acceptance by the User of these T&C.
The User therefore undertakes to read the T&C carefully before accessing the Site and in any event acknowledges that he/she has received all the necessary information from Memority regarding the use and content of the Site and that he/she has taken all necessary precautions for its use.
The User may contact Memority with any questions relating to the use of the Site, in particular to inform it of any technical problems encountered during browsing and/or use, by describing the problem encountered and sending it to the following address: firstname.lastname@example.org .
The purpose of these T&C is to determine the rights and obligations of the Parties when the User navigates on the Site.
2. ACCEPTANCE AND ENFORCEABILITY
The User declares that he/she has obtained from Memority all the information necessary to use the Website and accepts, without reservation, these T&C.
The User declares that (i) he/she has read the conditions under which the Website operates and (ii) he/she has all the necessary skills to access and use the Website and the content contained therein in accordance with the T&C.
The User accepts the T&C from the moment he/she accesses the Site. The User may only benefit from the content offered on the Site subject to acceptance of these T&C. The T&Cs are enforceable as soon as they are accepted by the User.
3. AMENDMENT OF THE T&CS
The T&Cs may be updated on a regular basis.
In the event of modification, the User must accept the T&C under conditions similar to those of his first acceptance.
In the absence of acceptance, the User must no longer access the Site.
4. ACCESS TO THE SITE
Access to the Site is open to any Internet user who wishes to benefit from the proposed content, from the following URL: www.memority.com.
The Site is accessible 24 hours a day and 7 days a week, subject to the occurrence of a force majeure cas, possible breakdowns and/or any maintenance operation necessary for its proper functioning.
5. USE OF THE SITE
Prerequisites for consulting the Site – the consultation and exploitation of the content provided on the Site by the User assumes a broadband internet connection (mobile network or Wi-Fi).
We also recommend that you use a popular browser (Google Chrome, Mozilla Firefox or Safari) in its latest version for optimal comfort.
Site Features – you acknowledge that the Site is constantly evolving and that its form and content may change from time to time without notice. You may not make any claims in this respect.
The Site allows you to consult content such as offers, articles, advice and news and will mainly present this content under text, images and/or videos format
Users will not be able to interact directly with the Site (in particular, they will not be able to post comments).
Information and advice – all information and advice (including on the use of products and/or services) accessible on the Site is given for information purposes only. Memority is not contractually bound by the provision of this information.
6. UNAVAILABILITY OF THE SITE
Unavailability managed by Memority – we reserve the right to interrupt the operation of all or part of the Site at any time, with or without notice, in particular in order to ensure corrective and evolutionary maintenance of the Site, or to change its content or presentation. Wherever possible, we will inform you in advance of the corrective or upgrading maintenance operation.
Unavailability beyond Memority’s control – you acknowledge that the Site may be interrupted for reasons beyond our control and that we cannot guarantee continuous access to the Site.
7. FORCE MAJEURE
Any event preventing Memority or the user from performing all or part of its obligations and beyond their control, which could not be reasonably foreseen at the time of acceptance of the T&C and whose effects cannot be avoided by appropriate measures, is considered to be a case of force majeure preventing the performance of its obligations by the party affected. This case of force majeure will result in the suspension of the said obligations until its cessation. Memority cannot be held responsible for any failure if this failure is caused by a case of force majeure.
Force majeure or fortuitous events are considered to be those usually accepted by the jurisprudence of French courts and tribunals, and, in general, any cause leading to a total or partial halt in Memority’s activity or that of one of its suppliers or subcontractors.
The occurrence of a case of force majeure does not result in the termination of the T&C. Its occurrence does not entitle Users to claim any damages.
Memority is solely responsible for making content available, in accordance with the provisions of the T&C. In this respect, Memority has an obligation of means for any direct, material and foreseeable damage of any kind.
However, by using our services, you acknowledge that we cannot be held responsible for damage caused by you and/or a third party and/or force majeure, or for any indirect damage as defined by the Civil Code.
You also acknowledge that we are not liable for :
– Your negligence in using our content;
– The consequences of any failure and/or defect in your equipment;
– The consequences of non-compliance with the T&C;
– The consequences of the interruption or failure of the Internet or access services, including force majeure, viruses or any other system problem.
The total amount owed by Memority in respect of its overall and cumulative liability is limited, for all causes combined, to one hundred (100) euros.
The existence of a hypertext link from the Site to a site that is not operated by Memority does not constitute a recommendation or validation of this site or its content.
Consequently, Memority cannot be held responsible for the information, opinions and recommendations formulated by these third parties.
Memority authorises the free creation of so-called “deep” links to any page on its website, provided that Memority is informed at the address given above.
10. INTELLECTUAL PROPERTY RIGHTS
The general structure of the Website, as well as the texts, images (animated or not), sounds and photos are the property of Memority.
Consultation of the Website does not imply any licence or transfer of rights relating to these elements of the Website, unless expressly stipulated.
These elements are, in fact, subject to the provisions of the french Intellectual Property Code: any unauthorised use (by law or the T&C) may therefore lead to legal proceedings.
Thus, unless prior agreement has been obtained from Memority or the holder of the rights relating to the element in question, it is forbidden to copy, reproduce, represent, adapt, modify or disseminate, in whole or in part, any element of the Website, as well as all or part of its content, by any means whatsoever and on any medium whatsoever.
As a general rule, any unauthorised use of the content or information on the Site may be subject to legal claim by the rights owner, who reserves the right to claim damages.
11. DIVIDABILITY OF THE T&C
If one or more provisions of the T&C are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent Court, the other provisions shall retain all their force and scope and shall remain valid and applicable. The same principles shall apply in the case of incomplete provisions.
The fact that Memority does not take advantage of any of the provisions of the T&C at a given time may not be interpreted as a waiver of the right to take advantage of any of the present conditions at a later date.
13. DATA PROTECTION
Memority may process your personal data to enable you to benefit from the contents of the Site.
The notion of personal data refers to any information relating to an identified or identifiable individual. An identifiable natural person is one who can be identified directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to several specific elements relating to his or her physical, physiological, genetic, psychological, cultural or social identity.
Memority undertakes to process your personal data in accordance with the regulations in force (French Law No. 78-17 and any updates thereto, or General Data Protection Regulation (EU) No. 2016/679).
Depending on the applicable processing operation, you have the right to access, modify, rectify, limit, portability and delete your personal data.
14. APPLICABLE LAW AND JURISDICTION
The validity, interpretation and performance of the T&C and the resolution of any dispute relating thereto shall be governed by and construed in accordance with French law.
The Parties shall endeavour to settle amicably any dispute arising from the interpretation or performance of these T&C.
If they are unable to reach an agreement and the dispute persists, they agree to submit it to the competent court within the jurisdiction of the Versailles Court of Appeal.