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Last updated: 09/26/2024

1. PURPOSE AND SCOPE

1.1. VICAT, a public limited company with a capital of 179,600,000 Euros, registered with the Vienne Trade and Companies Register under number SIREN 057 505 539, with its headquarters located at 4, rue Aristide Bergès, Les Trois Vallons - 38080 L'Isle d'Abeau, France ("VICAT", "we", "our", "us"), is the publisher of the "Vicat" website, accessible at www.vicat.fr (the "Site"), where professional or individual users ("User/s", "you", "your") can visit to explore VICAT's products and services in France related to the production and sale of cement, concrete, aggregates, and other services.

These terms and conditions of use (hereinafter referred to as the "T&Cs") form a contract between you and VICAT to inform you of the rules and operation of the Site. We kindly ask you to read them carefully.

1.2. By using this Site, you accept the T&Cs without reservation. You must refer to the version of the T&Cs accessible online via the link www.vicat.fr/condition-generales-d-utilisation on the date of your access and use of the Services, as this is the only applicable version.

2. ACCESS TO THE SITE AND PERSONAL DATA

2.1. Access to the Site
You are free to access and use the Site, provided you comply with the T&Cs. Additionally, you confirm that you have the legal capacity to enter into a contract with VICAT. You are responsible for subscribing to an Internet service and any other costs associated with your use of the Site.

2.2. Personal Data
The Site allows you to explore the Services offered by VICAT, and for this purpose, you may be required to provide information, including personal data. For any information regarding how VICAT processes your personal data, please refer to our privacy policy available via the link www.vicat.fr/politique-de-confidentialite.

3. TERMS OF USE FOR THE SITE

3.1. User Rights
VICAT grants the User a personal, non-transferable, non-exclusive, revocable, and non-sublicensable license to access and use the Site. This license is solely intended to allow you to use the Site in accordance with the T&Cs. Any action exceeding these access and usage rights, including but not limited to reproduction, making content available to third parties, or illegal downloading, constitutes an act of infringement. The User agrees not to use or implement any robot or other automated means to access the Site and/or its content, and more generally not to attempt to interfere with the operation of the Site. Except as expressly permitted by law, the User must not, nor allow others to, modify, adapt, translate, reverse engineer, decompile, or disassemble the Site or any of its components, or create derivative works.

3.2. User Responsibilities
VICAT upholds and promotes values of tolerance, diversity, and respect for others. The User agrees to respect these values while using the Site, specifically by refraining from:

  • Making discriminatory, racist, xenophobic, anti-Semitic, insulting, malicious, obscene, unlawful, or otherwise violent or pornographic remarks, or publishing content contrary to public order or decency in any way;

  • Disseminating content that could be harmful, defamatory, unauthorized, malicious, or infringing on privacy or publicity rights, inciting violence, racial or ethnic hatred, or that could be deemed vulgar or obscene, or inciting the commission of certain crimes or offenses;

  • Impersonating any person or entity, or misrepresenting your affiliation with any person or entity;

  • Using the Site for political, propaganda, or proselytizing purposes;

  • Infringing on the intellectual property rights of VICAT or any third parties present on the Site and its components;

  • Spamming or misusing the Site in any way;

  • Engaging in illegal activities, particularly by sharing content (photos, images, texts, videos) representing minors in any form;

  • Reporting any inappropriate content to VICAT.

4. VICAT’S RESPONSIBILITIES

4.1. The Site is provided "as is" and "as available" without any warranty of any kind. VICAT commits to making its best efforts to ensure the proper functioning and continuous access to the Site and the Services, excluding necessary maintenance operations and subject to possible outages. Although VICAT strives to provide a good User experience, we cannot guarantee that the Site will always be secure, error-free, or free from interruptions or imperfections.

4.2. As such, VICAT is only bound by a best-effort obligation to provide access to the Site and the Services and disclaims all responsibility in the event of the Site being inaccessible or of interruptions or temporary stoppages of the Services, for any reason whatsoever (including but not limited to computer viruses, illegal intrusion into an automated data processing system, temporary service outages, etc.).

4.3. The User is also informed of the inherent risks associated with using the Internet, particularly in terms of data transmission security issues and the lack of guaranteed continuity in accessing the Site and its content. Under no circumstances can VICAT be held responsible for these risks or their adverse consequences, regardless of their severity for the User. VICAT cannot be held liable for any incorrect information entered on the Site by the User. It is the responsibility of each User to take all appropriate measures to protect their own data, software, and hardware from contamination by viruses or other attacks that may be circulating on the Site.

4.4. To the extent permitted by applicable laws, the User expressly acknowledges that VICAT's liability cannot be sought in the following cases:

  • For any loss or damage resulting from the use of the Site and/or the Services by the User;

  • For damages resulting from the content, products, and services, or any data or information available on or from external websites or sources;

  • For damages resulting from a fraudulent intrusion by a third party that led to a modification of the information made available on the Site;

  • For any force majeure event as defined in Article 1218 of the French Civil Code and by the case law of the French Court of Cassation.

VICAT SHALL NOT BE LIABLE FOR ANY INTANGIBLE DAMAGES RESULTING FROM ACCESS TO AND/OR USE OF THE SITE AND/OR SERVICES. IF THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE DO NOT ALLOW THE LIABILITY EXCLUSIONS SET FORTH IN THE T&Cs, THESE EXCLUSIONS WILL NOT APPLY TO YOU.

4.5. VICAT reserves the right, at any time, to modify all or part of the Site and its functionalities, to amend or offer new content and Services. VICAT also reserves the right, at any time and without notice or compensation, to suspend, limit, or refuse access to all or part of the Site or Services, temporarily or permanently, and to update the content of the Site or Services in accordance with evolving legal provisions or best practices. Any new Site feature will be subject to the T&Cs.

If a security breach detected by VICAT is likely to seriously compromise the security of the Site, VICAT may, without prior notice, temporarily suspend access to the Site to address the security breach as quickly as possible. In such a case, the User cannot claim any compensation or hold VICAT liable for any reason.

5. INTELLECTUAL PROPERTY

All intellectual property rights related to the Site and its content (texts, images, videos, databases, sounds, photographs, trade names, logos, trademarks, etc.) are and remain the property of VICAT or are subject to licenses and/or authorizations granted to it by third parties.

The User agrees to respect the intellectual property rights of VICAT and third parties. The User is only authorized to use the Site and its content in accordance with the T&Cs. The User is not authorized to reproduce, make available to the public, perform, publish, or modify any part of the Site and its content without the prior written consent of VICAT.

6. LINKS TO THIRD-PARTY WEBSITES

6.1. The Site may contain links directing to other websites and third-party data sources, which are provided for informational purposes only. VICAT has no control over the content or data of these websites.

Since VICAT cannot control these external sites and sources, it cannot be held liable for the content, advertisements, products, services, or any other materials available on or from these external sites or sources.

6.2. VICAT cannot be held liable for any proven or alleged damage or loss related to these external sites or sources or resulting from their use or reliance on their content or the goods or services they offer.

7. APPLICABLE LAW AND JURISDICTION

7.1. The T&Cs, as well as their formation, interpretation, execution, termination, or expiration, are governed by French law.

7.2. FOR ANY CLAIMS OR DISPUTES, WE ASK THAT YOU FIRST CONTACT VICAT'S CUSTOMER SERVICE VIA EMAIL AT: communication@vicat.fr.

7.3. ANY DISPUTE BETWEEN VICAT AND THE USER ARISING FROM THE INTERPRETATION, EXECUTION, OR TERMINATION OF THE T&Cs THAT CANNOT BE RESOLVED AMICABLY SHALL BE SUBMITTED TO THE COMPETENT COURTS OF VIENNE, INITIATED BY THE MOST DILIGENT PARTY.

7.4. Only consumer Users may, under Article R.631-3 of the French Consumer Code, refer the matter either to one of the territorially competent courts as provided for by the Civil Procedure Code, or to the court of the place where they were residing at the time of using the Site or when the harmful event occurred.

8. MISCELLANEOUS

8.1. The T&Cs constitute the entire agreement between the parties and cancel and replace any other documents exchanged or agreements, written or verbal, previously concluded between the Parties.

8.2. If VICAT does not take advantage of or enforce any provision of the T&Cs, this cannot be interpreted by the User as a waiver of such provisions.

8.3. We reserve all rights that are not expressly granted to you.

8.4. You may not transfer any of your rights or obligations under the T&Cs without our consent.

8.5. The T&Cs may be amended by VICAT to take into account, in particular, regulatory developments, improvements made to the Site, and changing circumstances. The User is invited to regularly consult the T&Cs on the Site.