WELCOMR, Legal Notice and General Terms and Conditions of Use

DEFINITIONS

The terms mentioned in the General Terms and Conditions of Use have the following meaning:

  • « GCU » : refers to the following general conditions of use ; 
  • « Content » : refers to all the information made available to the Users by WELCOMR ;
  • « Personal Data » : refers to the personal information that the User provided when he registered to the Services offered by WELCOMR as part of their use ;
  • « Hyperlink » : refers to the referral system materialized by a word, an icon or a logo that allows the User to go from one document to another on the website or from one website to another with a click of the mouse. WELCOMR cannot be held responsible for the Contents of the websites from the Hyperlinks ;
  • « WELCOMR » : refers to the corporation WELCOMR, Limited Liability corporation with a capital of 52,640 Euros, registered in the Paris Trade and Companies Register under number 794 923 300 R.C.S Tours, which has its headquarters located at 60 rue Blaise Pascal, 37000 TOURS.
  • « Services » : refers to all the services offered by WELCOMR to the Users through its website ;
  • « Website » : refers to the web page made available to the User by means of the Internet at the URL address https://www.welcomr.fr;
  • « User » : refers to the person that uses the Services offered by WELCOMR.
  • In these GCU:

  • (a) Terms in the singular form may also refer to their plural and vice versa ;
  • (b) The titles are used for convenience and should not affect the interpretation;
  • (c) Any reference to an agreement, a title, an act, a contract, a general condition of all kinds or any other tool also refers through reference to any amendment, reformulation, addition or any other modification brought to the agreement, title, act, contract, general condition of all kinds or any other tool.
  • SUBJECT

    The GCU have the objective to define the terms and conditions in which, on the one hand, WELCOMR makes available to its Users the Website and the Services available on the Website, and on the other hand, the means by which the User accesses the Website and uses the said Services.

    Any connection and/or any access to the Website suggest the agreement, the full and unconditional acceptance and respect of all the GCU’s terms by the User.

    The User acknowledge having read and understood all the GCU and declare accepting them unconditionally. The User acknowledge having the capacity to enter into contracts.

    The GCU prevail over any other condition appearing in any other document, except expressed and written exemption. In the case where the User does not want to accept all or a part of the GCU, he is asked to give up the use of the Service.

    LEGAL NOTICES

    The website is edited by :WELCOMR

    Phone number: +33 (0) 2 47 31 08 47

    E-mail: contact@welcomr.fr

    Limited Liability corporation with a capital of 52,640 Euros

    Headquarters at 60 rue Blaise Pascal, 37000 TOURS

    Registered in the Paris Trade and Companies Register under number 794 923 300 R.C.S Tours

    Manager: Alexis GOLLAIN

    Intra-community VAT: FR 80 794 923 300

    The publication director is: Alexis GOLLAIN

    The website is hosted by:

  • Amazon Web Services LLC
  • P.O Box 81226 Seattle, WA 98108-1226
  • http://aws.amazon.com
  • ACCESS TO THE SERVICE

    The Service is accessible free of charge to any User who has an access to the Internet. Any costs related to the access to the Service, equipment, software or Internet access costs are at the expense of the User. He is the sole responsible of the good functioning of his IT equipment (such as, without limitation: computers, smartphone, digital tablet, softwares, telecommunications means…) as well as the User’s access to the Internet.

    The User declares accepting the characteristi cs and the limits of the website, especially acknowledge that:

  • The use of the website is done at the user’s own risks and responsibility; the website is accessible « in condition » and depending on the user’s availability;
  • Any material downloaded or obtained by any mean while using the website is at the user’s own risks; the User is the only one responsible for any damage of the computer equipment or data loss linked to the download of that material or the single consultation of the website;
  • The user needs to take all the appropriate measures to protect his data and/or softwares from any computer virus circulating on the website;
  • No advice and no information, neither oral or written, obtained during the use of the website are prone to create guarantees not expressly planned by the GCU; the User is the only responsible of what he does with the contents available on the website, and accordingly, WELCOMR is not responsible for any direct or indirect damage ensued from the use of its contents;
  • He is the sole responsible of the use of the website’s content having an hyperlink, WELCOMR refuses any responsibility regarding the contents of the website;
  • He knows the nature of the Internet connection, especially in its technical performances and its response time to consult, question and transfer data;
  • The communication of his access codes or any information deemed confidential is made at his own responsibility;
  • he needs to take all the required measures to check that all the technical characteristics of his equipment allow him to consult the website’s content.
  • WELCOMR reserves the right to refuse the access to the Service, unilaterally and without prior notice, to any User that does not respect these GCU edited on the website.

    WELCOMR uses all the reasonable means at its disposal to ensure a quality access to the Service, 24 hours a day, 7 days a week, except in case of an event that is out of control for WELCOMR but is not bound to stick to it.

    Therefore, WELCOMR cannot guarantee an availability of the website and/or of the Services, a reliability of the transmissions and the performances in terms of response time and quality. There is no technical support to the User neither by electronic means nor phone calls.

    WELCOMR cannot be held as responsible of any dysfunction of the network, the servers or any event that is out of a reasonable control that would prevent or deteriorate the access to the Service.

    WELCOMR can at any time interrupt, temporarily suspend or modify without notice the access to the whole or a part of the Service and the Website for maintenance or any other reason. The interruption is not eligible for compensation to the User. The User recognizes and accepts that WELCOMR cannot be held responsible of the interruptions and its potential consequences to the User or anyone else.

    INTELLECTUAL PROPERTY

    The general structure of the Website, including the texts, graphic design, images, sounds, videos and the component are the exclusive property of WELCOMR or its partners.

    The GCU do not involve the transfer of any intellectual property right to the User, concerning the structure and/or the Contents of the Website. The Contents, including the RSS feed, are available to the User for a private, personal, non-collective and non-commercial usage.

    Any representation and/or reproduction and/or partial or full exploitation of the Contents and Services made available by the Website, through any process, without the prior and written authorization of WELCOMR and/or its partners is forbidden and might be considered as a counterfeit under Article L 335-2 and the French Intellectual Property Code.

    Furthermore, the User makes a commitment to no use the Contents in a way that could violate WELCOMR’s rights and to not use the Contents as a counterfeit or an unfair or parasitic competition to the Contents.

    The brands « Welcomr » and « WELCOMR » are registered trademarks by WELCOMR. Any representation and/or reproduction and/or partial or full exploitation of these brands is prohibited. 

    PERSONAL DATA

    To respect the privacy of its Users, WELCOMR makes a commitment that the data collection and processing made through the Website will be done in accordance with Law n°78-17 of 6 January 1978 concerning computing, files and freedoms.

    « DATA PROTECTION AND LIBERTIES ».

    The personal data is collected by WELCOMR which is responsible of the data processing.

    Some of the personal data are needed, without limitation, to meet the legal obligations of WELCOMR.

    Other personal data are collected and processed automatically through the use of the Website by the user. These personal data are IP address, the browser features, the language used, the software used, navigation and connection data…

    Audience measurements are made to measure the number of viewed pages, the activity and the frequency of people coming again on the Website

    WELCOMR established some automatic process of tracking called cookies on its Website. Cookies are small bits of data that the Website can send to a personal computer’s hard drive and then it traces it.

    There are different types of cookies:

  • session cookies that disappear when the User leaves the Website;
  • Permanent cookies that remain on the User’s device until they expire or until the User deactivate or delete them thanks to his browser’s functionalities. Every browser being different, the User is requested to consult his browser’s notice to set the cookies according to his will.
  • Nevertheless, some personalized services from the Website use temporary cookies for their good functioning. These temporary cookies require their acceptation by the User. If the browser is set up to refuse them, the access to the services can be impaired or impossible.

    The cookies used by the Website allow the identification of the services and sections that the User consulted and his behavior on the consulted sections and services.

    These information are useful to better personalized the services, the Contents, the promotional offers and banners that appear on the Website. The maximum storage period of these cookies into the User’s computer is of thirteen (13) months as of their establishment.

    WELCOMR authorizes some third corporation to issue their own cookies on the Website, this is the case of third applications integrated to our supports through the button « Share », « Recommend » from social medias such as « Twitter » or « LinkedIn »…

    WELCOMR informs the User that some cookies can be installed on the User’s terminal equipment when he visits the Website. Therefore, if the User continues to browse it will be considered as an agreement to allow the cookies to establish on the User’s terminal equipment.

    DURATION OF PERSONAL DATA RETENTION

    The personal data are stored and kept during the whole active time of the User’s account on the Website.

    To meet the legal and regulatory obligations on, particularly, the security and the fight against fraud, the data are not conserved beyond the needed time to manage the business relationship but in any case no more than one year, except in case of litigations during that year.

    RIGHT TO OPPOSE

    In accordance with the article 34 of the Law on Computing and Freedom, WELCOMR ensures to the User a right to oppose, to access and to rectify his personal data.

    The User is allowed to exercise this right

  • by using the contact form available on the Website;
  • By making a request by post to WELCOMR – Customer service unsubscribing – 30 rue André Theuriet - 37000 TOURS – France
  • by contacting directly: contact@welcomr.fr.
  • PURPOSE OF THE COOKIES USED

    The cookies used by WELCOMR are notably used, but in a non-limitative way, for the purpose of allowing the User to sign in to the Website, managing the smartphone application, saving the chosen language…

    The collected data by means of the cookies are transferred and stored by WELCOMR.

    WELCOMR uses audience measurement tools. These cookies are registered and read on the User’s terminal equipment.

    The data concerning the User are subject to a computer processing intended for:

  • carrying out operations linked to the browser on the Website…
  • The development of trade statistics, statistics concerning the viewed pages of the Websites in order to adapt these Websites;
  • Meeting the legal and regulatory obligations especially for security and fight against fraud…
  • The recipient

    The collected data subject to computer processing are intended to WELCOMR, if so.

    They can be transmitted to partners or sub-contracting companies mandated by WELCOMR.

    WELCOMR guarantees that all the needed measures to preserve the User’s personal data security have been taken.

    If the User accepts to receive WELCOMR’s partners offers, the information communicated by the User could be transmitted to third parties contractually bound to WELCOMR. These partners will be able to communicate their offers to the Users. WELCOMR declines any responsibility on the use of the User’s personal data made by the partners.

    CONSENT

    When the User browses on the Website, the establishment and the cookies’ reading allow, in a non-limitative way, the User to sign in to the Website, to manage the smartphone application, to save the chosen language…

    The User can also manage the cookies used on the Website by changing the parameters of the browser.

    COOKIES MANAGEMENT

    The User has different ways to delete the cookies.

    Indeed, even if most of the browsers are set by default and accept the establishment of the cookies, the User has the possibility to choose either to accept or refuse some or all cookies. The User can also choose to accept or refuse the cookies one by one before their establishment. The User can also on a regular basis delete the cookies via his browser. The User must parameter all the browsers of all his devices (tablets, smartphones, computers…).

    The cookies settings of every browser is different to manage it and the options. All the explanations can be found in the help menu of the browser.

    As an example:

  • for Internet Explorer™ : See Help ;
  • for Safari™ : See Help ;
  • for Chrome™: See Help ;
  • for Firefox™ : See Help;
  • Nonetheless, some functionalities, pages or part of the Website would not be accessible once the cookies are refused, WELCOMR cannot be held responsible for that.

    WELCOMR wants to draw the User’s attention towards the fact that if the User refuses the establishment of a cookie, a refusal cookie will be established on his terminal equipment. If the User deletes this refusal cookie, it won’t be possible to identify a refusal of the use of the cookies Similarly, when the User approves the establishment of the cookies, a consent cookie will be established on his terminal equipment. The refusal or consent cookies must remain on the terminal equipment of the User.

    HYPERLINKS

    The Website can contain Hyperlinks towards other websites managed by third parties. These Hyperlinks may make you leave the Website.

    Since WELCOMR has no control over these external sources, the User recognizes that WELCOMR cannot be held responsible for the availability of these resources and their contents.

    It is possible to create a link towards the front page of this Website without WELCOMR’s authorization. In that case, it is preferable to open this website in a new window.

    However, WELCOMR reserves the right to ask for the suppression of an hyperlink redirecting the User to a website that is non-compliant to the subject of the Website.

    WELCOMR'S RESPONSIBILITY

    The information and/or documents appearing on the Website and/or accessible via the Website are considered as reliable sources.

    However, WELCOMR cannot guarantee the technical or typographic accuracy as well as the relevance of these information and/or documents.

    Consequently, the use of the information and the contents available on the Website, does not engage in any case WELCOMR’s responsibility. The User is the only one to make sure of the good use with discernment of the information available on the Website.

    WELCOMR reserves the right to correct the mistakes when they are brought to its notice.

    It is highly recommended that the User verifies the accuracy and the relevance of the information or document available on the Website.

    The information and/or the documents available on the website are susceptible to be modified at any time and can be subject to updates. In particular, they can be subject to an update between their download and their use.

    The information available on the website are indicative only and are not, in any case an advice or a recommandation of any kinds.

    The use of the information and/or documents available on the website is made under the sole responsibility of the User, who will assume all the consequences, without without claiming WELCOMR for the consequences and without recourse against WELCOMR.

    WELCOMR cannot be held responsible, in any case, of any damage of any kinds even if it results from the interpretation or the use of the information and/or documents available on the website. The term « use » must be understood in a broad sense, meaning any kind of use of the Website, lawful or not.

    The access to some sections of the Website requires the use of an username and a password. The password, chosen by the User, is personal and confidential. The User is committed to keep its password secret and to not disclose it under any circumstances. The use of its username and password is at the User’s own risks. It is up to the User to take the appropriate measures to protect his own data against any attack.

    Nevertheless, WELCOMR is committed to take all the appropriate measures to guarantee the security and the confidentiality of the transmitted personal data. The User is informed that one or more cookies, containing no personal data, could be established on his hard drive to allow his identification.

    The User admits to know the limitations and the constraints specific to the Internet and recognizes that the complete securitization of the data exchanges cannot be guarantee. WELCOMR cannot be held responsible for the prejudices ensuing from the transmission of any information, including the username and/or the password via its service.

     

    The User undertakes, in a general manner, to respect the entire regulation applicable in France.

    DURATION AND CANCELLATION

    The GCU are concluded for an undefined period as of the use of the service and the website by the User.

    CHANGE IN THE GCU

    WELCOMR reserves the possibility to change, at any time and without prior notice, the terms, conditions and mentions of the GCU to adapt them to the updates of the Websites and/or of its exploitation.

    Therefore, it is advised to the User to consult on a regular basis the last version of the GCU available on the Website.

    INTERNET USAGE POLICY

    The User declares his agreement to the characteristics and limits of the Internet and notably acknowledge that:

  • The data circulating on the Internet are not protected against possible hijackings. The communication of any information judged sensitive or confidential is made at the user’s own risks;
  • The data circulation on the Internet can be regulated in terms of use or be protected by a property right;
  • He is the only responsible person of the use of the data he consults, questions and transfers on the Internet, especially his personal data;
  • WELCOMR has no control over the content of the services available on the Internet.
  • PARTIAL NON VALIDITY

    If one the GCU’s provision is declared void or purposeless to any current legislative or regulatory provision and/or to a court decision, she will be known as non-written and would not make any other provision void.

    The fact that WELCOMR or the User does not insist, one or more cases, on the strict execution of one or more GCU’s provision will not be interpreted as a waiver or an abandonment to the application of such provisions.

    FORCE MAJEURE

    WELCOMR should not be held responsible in case of force majeure or facts that are independent from its will.

    APPLICABLE LAW

    THE WEBSITE, THE MODALITIES AND CONDITIONS OF USE AND THE CONTENT ARE GOVERNED BY FRENCH LAW, EXCLUDING ITS CONFLICT OF LAW RULES AT ANY LOCATION. IN CASE OF A POTENTIAL DISPUTE AND AFTER THE FAILED ATTEMPTS TO FIND ANY AMICABLE SOLUTION, IN A REASONABLE PERIOD, ONLY THE PARIS COURT OF APPEAL OF THE FRENCH COURT WILL BE COMPETENT TO RECOGNIZE THE DISPUTE.
    IN THE CASE WHERE THE GCU WERE TRANSLATED IN ONE OR MORE LANGUAGES, ONLY THE FRENCH TEXTS WILL PREVAIL IN CASE OF DISPUTE.

    For any question regarding the GCU, the User can write to the following address: contact@welcomr.fr.