1. Purpose
1.1 The purpose of these General Terms and Conditions of Use (hereinafter referred to as the "GTCU") is to provide a legal framework for the https://sofiouest.com/et website and its services (hereinafter referred to as the "Site").
This contract is concluded between:
- The publisher of the Site, hereinafter referred to as "the Publisher" or "SOFIOUEST" and;
- Any individual or legal entity wishing to access the Site and its services, hereinafter referred to as "the User".
By using this website, the User acknowledges that he/she has read these GTU, accepts them without reservation and undertakes to comply with them.
The applicable conditions are those in force at the date and time of connection to the site.
1.2 Definitions
Shareholder : Any User having shares in SOFIOUEST and having a shareholder number.
Shareholders' Area: each shareholder may, if he or she wishes, create an account in the Shareholders' Area, which enables him or her to post buy/sell announcements and download confidential documents.
By using the Shareholders' Area, the shareholder acknowledges having read these GTC, accepts them without reservation, and undertakes to comply with them.
2. The Site and its services
2.1 Services offered
The Site presents the various activities of the Publisher.
All the provisions of articles 4, 5, 6, 7, 8, 9 and 10 are applicable to the User. Any User with Internet access may access the Site free of charge anywhere in the world. The costs incurred by the User to access the Site (internet connection, computer equipment, etc.) are not the responsibility of the Publisher.
The creation of a Shareholders' Area is reserved for SOFIOUEST shareholders and enables them to:
- consult the agenda,
- post buy/sell announcements,
- download confidential documents relating to SOFIOUEST that are intended for them, such as notices and minutes of General Meetings or any other documentation that is legally required in a public limited company to inform its shareholders.
2.2 Access to the Site and services
In general, the Shareholder is granted only a personal, non-exclusive and non-transferable right to access and use the services offered on the Site. Any other right is expressly excluded in the absence of the Publisher's prior written agreement.
The Site and its various services are in principle accessible 24 hours a day, 7 days a week. They may be interrupted or suspended by the Publisher, in particular for maintenance purposes, without prior notice or justification.
Any shareholder with Internet access may access the Site free of charge anywhere in the world. The costs incurred by the Shareholder to access the Site (Internet connection, computer equipment, etc.) are not the responsibility of the Publisher.
All shareholders must register on the site using their shareholder number, which is required to log on to the Shareholders' Area.
During the registration process, shareholders will be asked to provide personal and/or professional identification details (surname, first name and e-mail address) and to choose a password. Shareholders undertake to provide accurate and complete information. Failure to do so may result in deactivation or even deletion of the Shareholders' Area. Shareholders are also required to update any obsolete information concerning themselves.
Shareholders may cancel their registration at any time by sending a request to contact@sofiouest.fr.
The Publisher reserves the right to delete at any time the account of a Shareholder who has failed to comply with these General Terms of Use.
3. Shareholder liability
Shareholders are responsible for the risks associated with the use of their login and password.
The Shareholder is solely responsible for the confidentiality and safekeeping of passwords required to use the Shareholders' Area offered by the Publisher. The Publisher declines all responsibility in the event of disclosure, illicit or fraudulent use of the passwords made available to the Shareholder. In the event of fraudulent use of the latter, the Shareholder must immediately inform the Publisher at the following address: contact@sofiouest.fr. The Shareholder may be held liable for any improper and/or unlawful use made of the said passwords.
The Shareholder guarantees the Publisher that the use of the Services does not infringe the rights of third parties (copyright, right to privacy, defamation, right to image, etc.), public order or morality, and that it complies with the provisions of these GCU.
The Shareholder undertakes to use the Shareholders' Area in strict compliance with the regulations and the present GTC.
Failure by the Shareholder to comply with these GCU, and in particular any activity likely to give rise to civil and/or criminal liability, will entitle the Publisher to immediately and without prior notice disconnect and/or interrupt the Services provided to the Shareholder and to immediately and automatically delete his/her account, without prejudice to the right to any damages to which the Publisher may be entitled.
The Shareholder is hereby informed that, given the intrinsic characteristics of the Internet, the content it distributes is liable to misappropriation and/or piracy. It is therefore the Shareholder's responsibility to take all necessary measures to protect its content, and the Publisher cannot be held liable in this respect.
The Publisher shall not be held liable for any loss or damage that may result from a breach of the above obligations or from the use of this website and/or the use of information contained on this website or any other website to which the Site refers. Any use of the service by the Shareholder resulting directly or indirectly in damage to the Publisher shall be subject to indemnification by the Publisher.
Any breach by the Shareholder of these obligations resulting in damage to the Publisher shall be subject to indemnification for the benefit of the Publisher.
4. Publisher's liability
The Publisher declines all responsibility for the consequences of shareholders' connections to the Site and the Shareholders' Area. In particular, it cannot be held liable for any damage, material or immaterial, caused to shareholders' computer equipment and the data stored therein, nor for any consequences that may arise from this on their personal, professional or commercial activity.
Nor can it be held responsible if a shareholder is unable to connect to the site due to technical faults or problems related to network congestion or interruption.
Finally, the Publisher shall not be held liable in the event of force majeure. In accordance with article 1218 of the French Civil Code, force majeure occurs when an event beyond the control of the Publisher, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the Publisher from fulfilling its obligation.
5. Intellectual property
5.1 Elements belonging to the Publisher
The contents of the Site are protected by copyright under the French Intellectual Property Code.
Apart from personal data submitted by Shareholders, all elements of the Site's structure and content, in particular trademarks, logos, texts, presentations, illustrations, photographs, tree structures, layouts, drawings, databases and brands, are the exclusive property of the Publisher.
The Publisher authorizes only private, non-collective and non-commercial use of the data, information or content to which the Shareholder may have access.
The Shareholder undertakes not to use this Site (including any web pages or data available under the https://sofiouest.com/ domain name ), its computer software (including application programming interfaces ("APIs"), domain names, URLs or "uniform resource locators"), its databases, functionalities and content for any purpose other than private, non-commercial purposes.
Any other use and/or reproduction, even partial, of the content of the Site, without the prior written consent of the Publisher, is prohibited and constitutes a violation of these GCU, and may adversely affect the Publisher's rights.
Furthermore, the use of any automated system or software, whether operated by a third party or otherwise, or manual retrieval ('screen scraping') to extract data from this website and exploit it, in whole or in part, for commercial purposes, is prohibited, except with the prior written consent of the Publisher.
Thus, any representation, reproduction, nesting, distribution or redistribution, whether partial or total, of the structure and/or contents of the site, in particular the contents, whether this data is public or not, is prohibited in accordance with the provisions of articles L. 122-4, L513-4, L713-2 and L713-3 of the French Intellectual Property Code. Similarly, any extraction or reuse of a qualitatively or quantitatively substantial part of the content of the databases produced by the Publisher and made available to Shareholders on the site is prohibited under articles L341-1 et seq. of the French Intellectual Property Code.
5.2. Implementation of rights to guarantee authorized use and/or prevent unauthorized use.
The Publisher reserves the right to (i) implement any protective measures it deems appropriate against any parties involved, to any degree whatsoever, in the unauthorized use of its website, to prevent or stop such unauthorized use, including via blocking technologies (which may involve automated searches of the websites of such user parties, screen capture practices of their sites leading to screen captures of the Publisher's Site, violation of the TOS of these sites, or any similar or related action) and (ii) to bring any action or claim necessary to prevent, stop and punish any harm resulting from unauthorized use of the website, including legal action, without prior notice.
The Publisher reserves the right to conduct any and all necessary investigations (through technology or otherwise) regarding any violation of these Terms of Use. By accessing this Site, you agree that the Publisher may conduct all necessary investigations to prevent any unauthorized use of this Site.
6. Hyperlinks
The Site may contain links to other Internet sites. The Publisher cannot be held responsible for the validity of these links and therefore for the availability of the site to which the link redirects the Shareholder. Similarly, the Publisher cannot be held responsible for the content of sites to which the Shareholder is redirected.
If a Shareholder wishes to set up a link to the Publisher's site, he/she must first contact the Publisher to obtain prior written authorization. In the absence of authorization, the use of a hypertext link will be considered as an infringement, in accordance with article L. 335-3 of the French Intellectual Property Code.
7. Privacy and cookies
The Publisher reminds you that its personal data policy is available on the Site via the following link: https: //sofiouest.com/politique-de-protection-des-donnees-personnelles/
The Publisher reminds you that its cookies policy is available on the Site via the following link: https: //sofiouest.com/politique-de-cookies/
8. Changes to the General Terms of Use
The Publisher reserves the right to add to or modify these Terms of Use at any time without notice and invites the Site's Shareholders to consult them regularly.
However, if the modification of the Terms of Use is substantial, the Publisher will inform the Shareholder in advance, who will be able to unsubscribe if he so wishes.
9. Applicable law and jurisdiction
These GCU are governed, interpreted and applied in accordance with French law. Any dispute shall be submitted to the exclusive jurisdiction of the competent courts of Rennes (35).
10. Publication date
The publication date of the GTCU is 01/03/2023.