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Conditions Générales de Vente

added on 09/10/23

1. OBJECT

These General Terms and Conditions govern the relationship between the Company and Users who wish to use the services offered by the Platform, as well as, where applicable, Partner Services. Contact details of the Company:

SAVVIVA Lifestyle Management s.p.r.l Avenue Louise 523, 1050 Brussels VAT BE 0821.822.305 Email: info@asknestor.com

2. ACCEPTANCE

By accessing and using the Platform, every User declares to have read and expressly accepted these General Terms and Conditions without any reservations and/or modifications of any kind, as evidenced by the checkbox marked "I acknowledge that I have read and accept the General Terms and Conditions" during registration.

These General Terms and Conditions are binding on Users from the moment of their acceptance.

3. ACCESS TO THE PLATFORM

The Platform is reserved exclusively for Users with an active account. Access to the Platform is through the use of the internet and a computer or mobile phone.

The User declares:

  • To have the competence and means necessary to access and use the Platform.
  • To be solely responsible for the information provided when creating their Occupant Account and/or Manager Account.
  • To have verified that their computer configuration contains no viruses and is in perfect working order.

Neither the Company nor any of its subcontractors can be held responsible for elements beyond their control and any damages that may be suffered by the User's technical environment, including computers, software, network equipment, and any other equipment used to access or use the Platform and/or the information contained therein.

By creating an Occupant Account and/or a Manager Account, each User acknowledges and accepts that the Company may delete an account at any time without any compensation if it violates French law and/or the broadcasting rules set by the Company, as outlined in the General Terms and Conditions.

4. CODE & SECURITY

The User agrees to immediately notify the support service in case of loss or theft of their password by sending an email to info@asknestor.com.

In the absence of notification, and unless proven otherwise, any connection or transmission of orders or data made using the password will be deemed to come from the User and be their exclusive responsibility. The User can request the cancellation of their Account at any time by sending an email to info@asknestor.com.

5. INTELLECTUAL PROPERTY

5.1 INTELLECTUAL PROPERTY

All intellectual property rights (including, but not limited to, copyright, neighboring rights, trademark rights, database producer rights) pertaining to both the structure and content of the Platform, including images, sounds, videos, photographs, logos, trademarks, graphic elements, textual elements, visuals, tools, software, documents, data, etc. (collectively referred to as "Elements") are protected by intellectual property and/or industrial property laws, as well as other proprietary rights, including the sui generis right of the database producer.

It is prohibited for any User to copy, modify, create derivative works, reverse engineer, or in any way attempt to find the source code, sell, assign, sublicense, or transfer any rights related to the Elements.

Each Platform User agrees not to:

  • Use or query the Platform on behalf of or for the benefit of others.
  • Extract, for commercial or non-commercial purposes, all or part of the Publications on the Platform.
  • Integrate all or part of the Platform's content into a third-party site/application, for commercial or non-commercial purposes.
  • Reproduce, for commercial or non-commercial purposes, all or part of the Publications on the Platform to reconstruct all or part of the original files.
  • Use a robot, including a web crawler (spider), a web search or site retrieval application, or any other means to retrieve or index all or part of the content on the Platform, except with the express prior authorization of the Company.

Any reproduction, representation, distribution, or redistribution, in whole or in part, of the content of the Platform on any medium or by any means other than those provided for in these General Terms and Conditions may constitute infringement, unfair competition, or parasitism, or infringe on the image rights of third parties and may be subject to civil and criminal proceedings by the concerned parties or rights holders.

5.2 HYPERLINKS

The Platform may contain hyperlinks redirecting to content from third parties or to websites operated by third parties (including Partners). Neither the Company nor any of its subcontractors are responsible for the quality or accuracy of this content or these websites.

No hyperlink to the Site may be created without the prior and express agreement of the Company. If an internet user or legal entity wishes to create a hyperlink to the Site from their website, regardless of the medium, they must first contact the Company by sending an email to the following address: info@asknestor.com. Any silence on the part of the Company must be interpreted as a refusal.

5.3 PUBLICATIONS

The content of the Publications is the responsibility of the Users who have published them on the Platform.

The User guarantees that they hold all the rights (including intellectual property rights) or have obtained all the necessary authorizations for their Publications.

The User guarantees that the Publications do not violate any current regulations (including those related to advertising, competition, sales promotion, the use of the French language, the use of personal data, the prohibition of the marketing of certain goods or services), or any rights of third parties (including intellectual property rights and personality rights), and that they do not contain any defamatory or harmful messages towards third parties. In particular, the User agrees that their Publications do not contain:

  • Any inaccurate, false, misleading, or misleading information.
  • Any defamatory, slanderous, calumnious, or harmful mention towards the interests and/or image of the Company, its subcontractors, or any third party.
  • Any content that infringes on the intellectual property rights of third parties, is obscene, pedophilic, discriminatory, or incites violence/racial, religious, or ethnic hatred.

Each User acknowledges and accepts that the Company and its subcontractors may delete or refuse any Publication that violates applicable regulations, the broadcasting rules outlined in the General Terms and Conditions, and/or that may infringe on the rights of third parties, at any time and without any compensation.

The User indemnifies the Company and its subcontractors against any claim or action related to the Publications that may be brought against them by any third party, and will bear all damages, expenses, and costs to which they may be condemned or which may be provided for against them by a settlement agreement signed by them with such third party, without prejudice to any damages that its subcontractors and suppliers may claim for the harmful acts of the User.

By publishing them on the Platform, the User grants the Company and its subcontractors a non-exclusive, transferable, sublicensable, royalty-free, worldwide right in (i) all of the content of the Publications, including photographs, text, videos, illustrations, trademarks, logos, titles, as they are published on the Platform, and (ii) a license to all intellectual property rights pertaining to the Publications, including copyrights in the elements used in their Publications, such as photographs, text, videos, drawings, illustrations, audio elements, for the entire legal duration of their intellectual property rights and for the entire world. The rights thus granted include the right to reproduce, represent, distribute, adapt, modify, create derivative works, translate all or part of the Publications

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