Terms & Conditions of Use
Definitions
For the purposes of these Terms and Conditions of Use:
- “Expliseat” (also referred to as either “We”, “Us”, or “Our” in these T&C refers to
Expliseat S.A.S., a French company which headquarters are located at 20 Rue
Bouvier, 75011 Paris, France. - “T&C” mean these Terms and Conditions of Use that form the entire agreement
between you and Expliseat regarding the use of the Website. - “Website” refers to Expliseat’s website, accessible from www.expliseat.com, and its subdomains and mobile versions.
- “You” means the individual accessing or using the Website, or the company, or other
legal entity on behalf of which such individual is accessing or using the Website, as
applicable.
The above-mentioned Definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Acknowledgement
These T&C govern the use of our Website. Please read them carefully before visiting or using our Website, as they contain important legal information regarding the legal rights and obligations of all visitors and users of the Website.
By accessing or using the Website, and the services available via the Website, you signify that you have read, understood and agreed to be bound by these T&C, without any exception, with respect to the Website. If you disagree with any part of these T&C, you may not use, and must cease using, the Website.
Your access to and use of the Website is also conditioned on your acceptance and compliance with the Privacy Policy.
Our T&C were last updated on 14 March 2024. We may revise and update these T&C from time to time. All changes are effective immediately when we post them. Continuing to visit or use the Website following the posting of revised T&C implies that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.
Informational purposes only
The Website and its available content are provided for informational and promotional purposes only. Neither the Website nor the content available within constitutes professional advice, and neither should be relied upon by you or any third party, including to operate or promote your business, secure financing or capital in any form, obtain any regulatory or governmental approvals, or otherwise be used in connection with procuring services or other benefits from any entity.
Acceptable conduct
You shall use the Website only for lawful purposes. If at any time you become aware of any violation, by any person or entity, of any part of these T&C, you shall immediately notify us by sending us an e-mail to: press@expliseat.com and provide us with assistance, as requested, to stop or remedy such violation.
Prohibited conduct
You may use the Website only for lawful purposes and in accordance with these T&C. You agree not to use the Website:
- In any way that violates any applicable state, local or international law or regulation
(including, without limitation, any laws regarding the exports of data software to
and from France and/or the European Union). - For the purpose of exploiting, harming, or attempting to exploit or harm minors in
any way by exposing them to inappropriate content, asking for personally
identifiable information or otherwise. - To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these T&C.
- To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter, spam, or any other similar solicitation.
- To impersonate or attempt to impersonate Expliseat, an Expliseat employee, another user, or any other persona or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which as determined by us, may harm Expliseat or users of the website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan,
timeshare, distribute or otherwise exploit any portion of (or any use of) the Website. - Reverse engineer, decompile or disassemble any portion of any of the Website.
- Remove or alter any copyright, trademark or other proprietary rights notice on the
Website or content you access via the Website. - Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service, without Expliseat’s express prior written
consent. - Use any robot, spider, or other automatic device, process, or means to access the
Website for any purpose, including monitoring or copying any of the material on the Website. - Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these T&C, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious, invasive or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempting to interfere with the proper working of the Website.
If you do not comply with these T&C (or if we have reasonable grounds to suspect or are investigating suspected non-compliance), we may suspend your access to the Website or take any other steps we consider appropriate.
Disclaimer
The Website is made available on an “as is” and “as available” basis with no representation or warranty with respect to their functionality or availability and with no guarantee that it is complete, accurate, or timely nor any guarantee regarding any results you or others may obtain from their use. Access to all or parts of any of the Website may be suspended at any time without notice.
To the maximum extent permitted under applicable law, Expliseat expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, non-interference, uninterrupted service, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, Expliseat provides no warranty or undertaking, and makes no representation of any kind that the Website will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Expliseat nor any of Expliseat’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of Expliseat are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
The exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Intellectual Property
All rights, titles, and interests in and to the Website and its content, features, source code, designs, URLs, domain name, trademarks and logos are and will remain the exclusive property of Expliseat.
Expliseat’s intellectual property shall not be used in connection with any product or service without the prior written consent of Expliseat, nor in any manner that is likely to cause any confusion.
Nothing contained on the Website should be construed as granting any right to use any trade names, trademarks, logos or designs without the express prior written consent of Expliseat.
Limitation of Liability
The Website is provided for information purposes only and, to the maximum extent permitted by applicable law, Expliseat excludes all liability for any loss or damage of whatever kind and however arising in connection with your use of, or inability to use, theWebsite and any materials you obtain via the Website.
To the maximum extent permitted by applicable law, in no event shall Expliseat be liable for any special, incidental, indirect, consequential or punitive damages whatsoever (including, but not limited to, damages for loss of profits, loss of revenues, for business interruption, for personal injury, loss of data or other information or other intangible losses or commercial damages, arising out of or in any way related to the use of or inability to use the Website, or otherwise in connection with any provision of these T&C), even if any of such parties has been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, Expliseat shall not be responsible or liable to you or any other person for any errors or omissions on the Website, any information made available through it, any decision or action taken in reliance on the Website or the information made available through it, or for any loss or damages, including special, consequential, incidental, indirect or punitive damages that may arise out of or in connection with your use of the Website or any information obtained by you via or in connection with the Website.
You acknowledge and accept that the use of the Website is subject to the risks inherent in any connection and transmission on the Internet, in particular in relation to security risks and vulnerabilities, technical performance and risk of interruption. Accordingly, in no case shall Expliseat be liable to you in any circumstances for any losses or damages caused by disruption or failure of internet networks or for any interruptions to or restrictions on the accessibility of the Website arising for any reason, including, but not limited to, by reason of a virus, security related vulnerability, or technical or operational failure of any nature.
Other provisions
Assignment
Expliseat may, at any time, assign our rights and obligations under these T&C, in whole or in part, without notice to you.
Relationship
You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these T&C or use of the Website.
Entire Agreement
These T&C, as amended from time to time, including any and all documents, rules, terms and policies referenced herein, including but not limited to the Privacy Notice, constitutes the entire agreement between us and you with respect to your use of the Website.
Severability
If a particular term of these T&C is found to be unenforceable, this will not affect any other terms.
Notices
Any communication you may wish to deliver to Expliseat in connection with these T&C shall be sent by email to: dpo@expliseat.com.
Governing Law – Dispute Resolution
The laws of France, excluding its conflicts of law rules, shall govern this T&C and your use of the Website, without giving effect to any choice or conflict of law provision, principle or rule, and notwithstanding your residence or physical location.
Any action or proceeding arising out of or in connection with this Website and/or these T&C will be instituted in the courts of Paris, France, and each party irrevocably submits to the exclusive jurisdiction of such courts. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.