ANY USE OF THE WEBSITE FOR ANY PURPOSE WHATSOEVER IMPLIES THE USER'S UNRESERVED ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS (T&Cs).
The company OCODE (hereinafter"OCODE") publishes and operates the website accessible at the following address https://www.o-code.co/ (hereinafter "the Platform"). The present General Terms and Conditions concluded between OCODE (OCODE, a simplified joint stock company, registered in the LaRoche-Sur-Yon Trade and Companies Register under number 822 879 128, whose registered office is located at 322 B route du Puy Charpentreau, 85000LAROCHE-SUR-YON) and the User are intended to set out the contractual provisions relating to the respective rights and obligations of the Parties in connection with the use of the Platform.
The terms mentioned below have the following meaning in these General Terms and Conditions:
- "General Terms and Conditions"or "T&Cs" or "Contract": refers to the present contractual conditions made available on the homepage of the Platform in order to govern the use of the Platform by any User;
- "User Ocode number": refers to the unique code in the form of a point cloud containing the User's contact details.A short code can be generated to refer to the User Code Number.
- "Parties": means, in the plural, both OCODE and the User. In the singular, means one of the two Parties;
- "Platform": means the online platform accessible at the following address https://www.o-code.co/.
- “User”: means any person who accesses and browses the Platform.
The use of the Platform's features implies the express acceptance of these T&Cs.
Therefore, the User undertakes to read these General Terms and Conditions carefully when accessing the Platform and is invited to print them out, download them and keep a copy.
It is hereby specified that these T&Cs are referenced at the bottom of each page of the Platform by means of a hypertext link and can therefore be consulted at any time.
By using the Platform, the User acknowledges that they have the necessary means and skills to use the features offered on the Platform.
The equipment required to access and use the Platform is at the User's expense, as well as any telecommunications costs incurred by their use.
Article 5.1. Obligations of Users
When using the Platform, each User undertakes not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these General Terms and Conditions.
Each User is obliged to:
- To behave in a fair and lawful manner with regard to OCODE and third parties;
- To be honest and sincere in the information provided to OCODE and third partyUsers;
- To use the Platform in accordance with its purpose as set out in these General Terms and Conditions;
- Not to divert the purpose of the Platform to commit crimes, misdemeanours or offences punishable under theCriminal Code or any other law;
- To respect the privacy of third parties and the confidentiality of exchanges;
- To respect OCODE's intellectual property rights relating to the elements of the Platform and, where applicable, the intellectual property rights of other Users;
- Not to seek to undermine, within the meaning of Articles 323-1 and following of the French Criminal Code, the automated data processing systems implemented on the Platform, in particular through practices such as scraping;
- Not to modify the information put online by OCODE or by another User;
- Not to use the Platform to send mass unsolicited messages (for advertising or other purposes);
- Not to disseminate data that has the effect of diminishing, disrupting, slowing down or interrupting the normal functioning of the Platform.
In compliance with the legal and regulatory provisions in force and in accordance with the French Act of July the 29th 1881 relating to the freedom of the press, the User undertakes not to disseminate any message or information:
- Constituting wrongful denigration of OCODE or the other Users of the Platform;
- Contrary to public order and morality;
- Of an offensive, defamatory, racist, xenophobic or revisionist nature or damaging to the honour or reputation of others;
- Inciting discrimination or hatred of a person or group of persons because of their origin or their membership or non-membership of a particular ethnic group, nation, race or religion;
- Threatening a person or group ofpersons;
- Of a paedophilic nature;
- inciting to commit an offence, a crime or an act of terrorism or the glorification of war crimes or crimes against humanity;
- Inciting suicide;
- Allowing third parties to obtain, directly or indirectly, pirated software, software serial numbers, software enabling acts of piracy and intrusion into computer and telecommunications systems, viruses and other logic bombs and, in general, any software or other tool enabling the rights of others and the security of persons and property to be violated.
Article 5.1. Obligation of OCODE
The general obligation of OCODE is an obligation of means. OCODE is underno obligation of result or enhanced means of any kind.
OCODE undertakes to do its utmost toensure continuity of access and use of the Platform 7 days a week and 24 hoursa day, excluding maintenance periods.
However, OCODE draws users' attention to the fact that current Internet communication protocols do not guarantee the continuous and uninterrupted transmission of electronic exchanges (messages, documents, identity of the sender or recipient)
Article 6.1. General Principles
OCODE accepts no liability, including:
- In the event of temporary inability to access the Platform for technical maintenance or updating of published information. Users acknowledge that OCODE cannot be held liable in the event of malfunctions or interruptions of said transmission networks;
- In the event of virus attacks, unlawful intrusion into an automated data processing system;
- In the event of abnormal use or unlawful exploitation of the Platform by a User or a third party;
- In relation to the content of third-party websites to which hypertext links present on the Platform refer;
- In the event of the usurpation of the User's identity;
- In the event of non-compliance with these General Terms and Conditions attributable to Users;
- In the event of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined in article 7 of these General Terms and Conditions;
- In the event of an external causenot attributable to OCODE;
- In the event of inaccuracy of the information provided by Users on the Platform.
In the event of abnormal use or unlawful exploitation of the Platform, the User shall be solely responsible for any damage caused to third parties and the consequences of any claims or actions that may arise from this.
Article 6.2 Hosting status
Users acknowledge that OCODE has the status of host within the meaning of article 6 I 2° of the law of June the 21st 2004 on confidence in the digital economy, known as the LCEN.
In this respect, OCODE reserves the right to remove any content that has been reported to it and that it considers to be clearly illegal within the meaning of Article 6 I 2° of the LCEN.
Notification of manifestly unlawful content by a User or any other third party must be made by e-mail to the address: email@example.com or by registered mail with acknowledgement of receipt to: OCODE – Legal Department 11 rue la Fayette 44 000 Nantes.
In accordance with Article 6 I 5° of the LCEN, for the notification to beconsidered valid, it must include the following elements:
- The date of notification;
- If the notifier is a naturalperson: their full name, occupation, address, nationality, date and place ofbirth; if the applicant is a legal person: its form, name, headquarters, andthe organisation legally representing it;
- The name and address of therecipient or, if it is a legal person, its name and headquarters;
- A description of the facts surrounding the dispute and their precise location;
- A copy of the correspondence addressed to the author or publisher of the contentious information or activities requesting their interruption, withdrawal or modification, or the justification for why the author or editor cannot be contacted.
OCODE cannot be held liable if the non-performance or delay in the performance of one of its obligations described in these General Terms and Conditions is due to a case of force majeure as defined by the case law of theFrench courts.
If the impediment is temporary, the performance of the obligation shall be suspended unless the resulting delay justifies termination of the contract. If the impediment is definitive, the contract is terminated as of right and the parties are released from their obligations pursuant to the terms of Articles1351 and 1351-1 of the Civil Code.
In the event of the occurrence of one of the above-mentioned events, OCODE will endeavour to inform the User as soon as possible.
The User acknowledges OCODE's intellectual property rights over the Platform, and any contents therein and waives any right to contest these rights in any form whatsoever.
The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the Platform, with the possible exception of content relating to Users, are the exclusive intellectual property of OCODE and may not be reproduced, used or represented without express permission under penalty of law. Any representation or reproduction, in whole or in part, of thePlatform and its content, by any means whatsoever, without the prior express authorisation of OCODE, is prohibited and shall constitute an infringement punishable under the provisions of the Intellectual Property Code.
In particular, OCODE expressly prohibits:
- Extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of its database to another medium, by any means and in any form whatsoever;
- Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the contents of the database, in any form whatsoever;
- Reproduction, extraction or reuse, by any means, including methods amounting to scraping of the contents (photographs, descriptions, etc.)published by OCODE.
Acceptance of these T&Cs constitutes recognition by Users of OCODE's intellectual property rights and an undertaking to respect them. OCODE grants a personal, non-exclusive and non-transferable licence to Users that authorises them to use the Platform and the information it contains in accordance with these T&Cs. Any other use of the Platform and its contents is excluded from the scope of this licence and may not be carried out without the prior express authorisation of OCODE.
Any questions or complaints regarding the use or operation of the Platform may be made in the following manner:
- By e-mail to: firstname.lastname@example.org
- By mail to: OCODE – UserService – rue la Fayette 44 000 Nantes
If any of the provisions of these T&Cs should be declared null and void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it shall be deemed unwritten but shall in no way affect the validity of the other clauses which shall remain fully applicable.
Such a modification or decision does not authorise Users to disregard theseGeneral Terms and Conditions.
These T&Cs apply to all Users browsing the Platform. TheT&Cs may be modified and updated by OCODE at any time, in particular to adapt to legislative or regulatory changes. Users will then be notified of the changes made. The applicable T&Cs are those in force at the time of browsing the Platform.
No instruction or document can give rise to an obligation not included in these T&Cs, if they are not subject to a new agreement between the Parties
.The Parties further declare that these T&Cs shall in no way be construed as an act establishing a juridical person or any legal institution whatsoever, and that any form of "affectio societatis" is strictly excluded from their relationship.
The fact that one of the Parties did not require the application of any clause of these T&Cs, be it on a temporary or full-time basis, shall not in any circumstances be considered as a renunciation of said clause.
Where there is a conflict in interpretation between clause titles, they will be declared non-existent.
THESE GENERAL TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE USER AND OCODE ARE GOVERNED BY FRENCH LAW. ANY DISPUTE IS SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE FRENCH COURTS.
In the event of a dispute arising between OCODE and a User concerning the interpretation, performance or termination of this Agreement, the Parties will try to reach an amicable settlement