Last update: 5th April 2023

1. PURPOSE

The website www.fairmat.tech (hereinafter the “Website”), published by Fairmat SAS (hereinafter “FAIRMAT”, “we”, “our”), is a corporate website presenting the expertise and business activities of FAIRMAT.
Access, consultation, browsing and use of the Website imply full acceptance of this document (hereinafter the “Terms of Use”), which defines the terms of use of the Website by any person accessing, consulting, browsing and using (all or part of) the Website and its services (hereinafter the “User“).
Before any use of the Website and its services, the User is invited to read these Terms of Use. If the User refuses all or part of these Terms of Use, he/she is requested not to use the Website and its services.
These Terms of Use are accessible at any time on the Website.

Should you have any questions, you may directly contact FAIRMAT by sending an email to [email protected].

2. INTELLECTUAL PROPERTY RIGHTS

The Website and all its elements or which are made available to Users, in particular trademarks, logos, photographs, programs, source codes, data, databases, animated or non-animated images, sounds, drawings, graphics, videos or texts, downloadable resources from the Website, layout, appearance, structure, as well as any other element not related to links towards third party websites, are the property of FAIRMAT or are subject to a license granted in its favor by any owner of intellectual property rights.
All these elements are subject to the provisions of French and international regulations applicable to intellectual property and, consequently, are protected against any use not authorized by the law or these Terms of Use under penalty – in the event of failure to do so – of legal proceedings.
FAIRMAT grants to each User a personal, non-exclusive and royalty-free license to use the Website, for its own use and for the sole purpose of the operations authorized herein.
Subject to these rights of use granted to the User by FAIRMAT, use of the Website does not imply any license or transfer of rights relating to the elements of the Website to the User. In particular, any copy, reproduction, representation, adaptation, modification, distribution of all or part of the Website as well as all or part of its content, by any process whatsoever and on any medium whatsoever is illegal, unless prior, express and written authorization of FAIRMAT or the holder of intellectual property rights.
Failure to comply with these stipulations, in particular for the purposes of commercial exploitation, may be subject to prosecution on the basis of an infringement action and/or an action for unfair competition and/or parasitism on the part of the holders of the rights in question. This is without prejudice to FAIRMAT’s other rights, in particular the right to obtain compensation for damages.

3. WEBSITE AND SERVICES ACCESS

Access to the Website is technically possible twenty-four (24) hours a day and seven (7) days per week, unless in case of force majeure, possible breakdowns or any operation of maintenance necessary for the good running of the Website.
The User acknowledges having the skills and means necessary to access and use the Website and its services. In this respect, the User must have a computer or any other device with an Internet connection, the settings of which enable the proper functioning of the Website and its services.
In general, the User declares that he/she is aware of the risks associated with browsing websites and using online services and accepts them. In particular, the User acknowledges that the information that passes through or is stored there may be intercepted or altered independently of the will of FAIRMAT.
As such, it is strongly recommended that the User take all necessary precautions to protect himself/herself against the effects of hacking, in particular by adopting a secure and appropriate computer configuration of his/her computer, cell phone or any other device (e.g. by installing regularly updated virus detection software).
To access the services of the Website, the User also must fill in the mandatory fields of the form attached to the request service. The User guarantees the truthfulness and accuracy of the information provided in the Website’s forms. To learn more about the use of his/her personal data by FAIRMAT, the User is invited to consult the Privacy Policy.

4. GENERAL OBLIGATIONS OF THE USER

The User undertakes to use the Website and its services in a manner consistent with these Terms of Use, and in particular not to use them for commercial, prospecting, solicitation or advertising purposes.

The User also agrees not to:

• behave likely to undermine the integrity, functioning or security of the information system on which the Website and its services are based;
• intrude or attempt to intrude into FAIRMAT information systems;
• attack or attempt to attack on the authentication and other security measures of the Website;
• collect, extract or use, in any way whatsoever, information on the Website;
• and more generally, to act in a manner likely to infringe the rights and interests of FAIRMAT.

In the event of any breach or fraudulent use of the Website, FAIRMAT has the right to terminate this contractual relationship, ipso jure, without notice or compensation, as well as to block any future access by the User to all or part of the Website and its services.

5. DISCLAIMER OF LIABILITY

The Website and its services are provided to the User free of charge. Despite the care taken in its design and the analysis of its content, the Website cannot be free of errors, periods of unavailability, faults or defects and FAIRMAT does not guarantee the accuracy, quality, legality or suitability for a particular purpose of the Website, its services and the content published therein.
The User is solely liable for the use he/she intends to make of the Website and the preservation of the security and integrity of its data, hardware and software when he/she accesses the Website or services.

Thus, FAIRMAT cannot be held liable for:

• any dysfunction or bad condition of IT’s User equipment during or after User browsing on the Website, as well as in case of impossibility of access, poor User conditions on the Website attributable to these devices, the provider of Internet access, Internet network congestion, or any other reason external to FAIRMAT;
• electronic or phone communications expenses induced by the use of User’s equipment which shall be exclusively borne by the User and will not be borne by FAIRMAT;
• any temporary, partial or total unavailability of the Website, in particular in the event of maintenance, technical incident and, more generally, in case of an event beyond the control of FAIRMAT;
• any consequences that may arise from the contents of the websites referred by external links that may be displayed on the Website;
• any indirect damage that may be suffered by the User;
• any damage suffered by the User or a third party resulting from the use of the Website or its services that does not comply with these Terms of Use;
• any breach of the obligations provided by these Terms of Use which would arise or would originate from a fortuitous event or a case of force majeure (act of god) as defined by article 1218 of the French Civil Code.

In the event that FAIRMAT is held liable for damage not provided for in this article, its liability will be limited to certain, real and direct damage.
Consequently, under no circumstances FAIRMAT, its managers, employees and, in general, its representatives and partners, shall be held liable for any indirect damage resulting from the use of the Website, its services, and the content published therein, and in particular for loss of profit, loss of opportunity or damage resulting from loss of data caused by the impossibility of using the Website and its services.

6. MODIFICATION

These Terms of Use are dated accurately and may be modified and updated by FAIRMAT at any time, particularly in the event of changes to the services offered on the Website or to applicable law. As a result, the User is invited to consult the Terms of Use each time he/she accesses the Website.

7. TERMINATION OF THE WEBSITE OR SERVICES

The Terms of Use reserve the right to temporarily or permanently suspend access to all or part of the Website or its services, in particular in the event of cessation of activity related to the provision of the Website or in the event of insolvency proceedings.

8. CONTRACT ASSIGNMENT

Subject to the applicable law, the User agrees that these Terms of Use binding him/her to FAIRMAT, may be assigned, transferred or provided, in any way, to a third party. As part of the transfer of the company to a third party, these Terms of Use binding the User to FAIRMAT, will be automatically transferred to the assignee.

9. HYPERLINKS

The Website is likely to contain hyperlinks to other websites or internet sources, other than those published by FAIRMAT. FAIRMAT is not liable for the availability of these external websites and internet sources, and thus declines all responsibility for the content, products, services, advertising or any other material available on or from these external websites or internet sources to the extent that FAIRMAT cannot control these external websites and internet sources. Therefore, the decision to activate the hyperlinks exclusively belongs to the User.
FAIRMAT reminds the User that non-affiliated external websites or sources are subject to their own terms and conditions.
If the User wishes to create a hypertext link to the Website, the User must obtain FAIRMAT’s prior written consent by sending a request by email: [email protected]. FAIRMAT may, in its sole discretion, accept or reject any request made to it for this purpose. FAIRMAT is under no obligation to accept such request, nor to provide any reason for rejecting such request.

10. LANGUAGE

These Terms of Use are written in English. In the event of any discrepancy with a translation of these Terms of Use, only the English text shall be deemed authentic in the event of a dispute.

11. GOVERNING LAW / JURISDICTION

These Terms of Use are governed by, interpreted and enforced in accordance with French law.
In the event of a dispute relating to their interpretation or execution, FAIRMAT and the User shall seek, before any litigation, an amicable agreement and shall provide each other with all necessary information to this effect.
In the absence of an amicable agreement between FAIRMAT and the User within a period of two (2) months from the notification of the dispute to the other party, express jurisdiction is given to the competent Court in France.