MicroWorld Website : General Terms and Conditions of use
Entered into force on 1st november 2010
- 1. INTRODUCTION
- 2. DEFINITIONS
- 3. OBJECTIVE
- 4. OPPOSABILITY OF GENERAL CONDITIONS
- 5. CAVEATS
- 6. CONNECTION
- 7. AVAILABILITY
- 8. CONTACT - ASSISTANCE
- 9. RESPONSIBILITY
- 10. INTELLECTUAL PROPERTY
- 11. PERSONAL DATA
- 12. TRACEABILITY
- 13. GENERAL CLAUSES
1. MicroWorld, a SASU or simplified limited company with a sole shareholder and registered capital of 37000 Euro, Paris Trade Register number 520 574 898 (VAT number FR 68 520 574 898), with a registered office located at 44, rue de Prony 75017 Paris, contactable by telephone at 01 49 21 26 26, (from Monday to Friday) or by e-mail at firstname.lastname@example.org, operates the Internet platform accessible at http://microworld.org
2. The MicroWorld website offers a technical interface which enables:
- users (individuals and legal entities) to access and share information regarding co-development and more specifically microfinance;
- Microfinance institutions “MFIs” to present projects for micro entrepreneurs who are in search of funding (“PROJECTS”).
3. Users have the option to save or edit the present general conditions, as well as the loan contract which may be concluded on line, using the standard functions of their browsers or computers.
4. The terms defined below will be understood by the contracting Parties as follows:
- “personal data”: information relative to an identified individual, or an individual who can directly or indirectly be identified (full name, date of birth…)
- “operator” or Microworld: the editor of the site accessible at the following URL address: http://www.microworld.org;
- “service(s)”: all the on-line services offered to users;
- “web site” or “Internet site”: an electronic service operated by Microworld on the Internet network and accessible via the URL address: http://www.microworld.org
- “user”: any person (individual person or professional or legal entity) accessing the site.
5. The objective of the present general conditions is to grant users, on an exclusive and non transferrable basis, the right to access and use this site.
6. The present general conditions of use are "opposable to the user" simply through his useof the web site. This use implies, in all cases, that the user accepts the general conditions in force.
7. The general conditions displayed on-line on the web site thus prevail over any other prior printed version.
8. The web site user must:
- Only use the services and information to which he has access in accordance with the sole conditions defined by the operator;
- Ensure that he does not interfere with other users’ usage of the site;
- Ensure that he does not commit any act which might jeopardize the security of the operator’s computer or that of other users.
9. The user is informed that although the website operator makes every effort to provide users with information which has been verified and updated, the website operator cannot guarantee that all the information diffused on the website is correct or up to date.
10. In order to use the service online, the user must have an internet connection. All expenses regarding the user’s subscription and/or telephone communications regarding the connection to the web site remain the user’s sole responsibility.
11. The website is accessible to all users 24 hours a day / 7 days a week. However, the operator may not be held responsible for any interruptions in the service whether intentional or not.
12. The operator reserves the right, without prior notice or compensation, to close the web site or access to one or more services temporarily or definitively, in order to carry out updates or modifications or to change operating methods, servers, times of access, this list being non exhaustive.
13. The operator also reserves the right to carry out all modifications or improvements he judges necessary or beneficial with regard to the performance of the site and its associated services.
14. For all information or queries relating to the use of the services, the user may contact a member of the operator’s staff:
- via the “Contact” section;
- by e-mail: email@example.com
- by telephone on 01 49 21 26 26 (from Monday to Friday - 10h to 17h);
- by post at the following address: MicroWorld, 44, rue de Prony 75017 Paris.
15. For all phases of access to his web site and all other services provided following registration, the operator is obliged only to apply due diligence.
16. The operator may not be held responsible for any breach of the present general conditions by another user nor for the infringement of users’ rights in general.
17. The operator may not be held responsible in the case of any damage caused indirectly by the use of the remote services. Indirect damage includes notably any losses of data, time, profits, turnover, margins, orders, clients, operations, income or marketing operations as well as any prejudice to trademarks, expected profits or action taken by third parties.
18. The operator may not be held responsible for any nuisance or damage inherent to the usage of the internet, such as disruptions in service, outside intrusion, violation of computer security, the presence of computer viruses or any event considered by the courts as force majeure.
19. The present general conditions do not include any type of transfer of intellectual property rights regarding elements belonging to the operator which are made available to the user.
20. The operator holds all intellectual property rights to the web site, including trademarks, drawings, images, texts, photos, logos, graphic charts, software, browsers, databases and domain names, this list being not exhaustive.
21. Any total or partial reproduction and/or representation of any one of these rights without the operator’s express authorisation, is prohibited and would constitute a counterfeit sanctioned by Articles L.335-2 and subsequent articles of the Intellectual Property Code.
22. Consequently, the user shall refrain from any activity which might directly or indirectly violate the intellectual property rights held by the operator or third parties.
23. The operator has complied with the prerequisite formalities established by the CNIL (National Commission of Information Technology and Civil Liberties) and will use the personal data concerning and conveyed by the user with strict respect for the provisions of Act n° 78-17 of January 6, 1978.
24. The operator will do everything in his power to guarantee the security and confidentiality of the data which has been processed.
25. The user has the right to access, query, change, correct and delete any of his personal data and undertakes to inform the operator of any changes in this data.
26. The user acknowledges the fact that he may, upon request, obtain information about the processing of his personal data by means of the following procedure:
- written request signed by the user, accompanied by a photocopy of his ID
- request sent to the operator at the following address: MicroWorld, 44, rue de Prony 75017 Paris.
13.1. TRANSMISSION OF THE PRESENT DOCUMENTS
29. The present general conditions are freely transferable by the operator to any company directly or indirectly affiliated with it and/or any company which, in the case of a restructure of its capital or activities, would replace the operator in his rights and obligations, notably in the case of a split, a transfer resulting from a merger, a partial input of assets or a transfer of assets, the onus being on the transferee to take over the transferor’s obligations regarding the individual user.
13.2 GOOD FAITH
The parties agree to execute their obligations in good faith.
13.3 . Headings
Should any difficulties in interpretation result from a contradiction between any of the headings figuring above the clauses or any of the clauses themselves, the headings will be considered non-existent.
If one or several provisions of the present general conditions are considered invalid or declared so by application of law or ruling, or following a decision considered necessary by a competent jurisdiction, all other provisions will remain in force and retain their validity.
13.5. Applicable Law
The present general conditions are governed by French law.
This is the case for substantive laws and subsidiary laws, notwithstanding the place of execution of the substantive or subsidiary obligations.
13.6 Choice of Jurisdiction
IN THE CASE OF A DISPUTE BETWEEN THE OPERATOR AND A PROFESSIONAL USER, THE POWER OF JURISDICTION IS EXPRESSLY ALLOCATED TO THE COURT FALLING WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, NOTWITHSTANDING THE PLURALITY OF THE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, EVEN FOR EMERGENCY PROCEDURES OR PROTECTIVE MEASURES, IN SUMMARY PROCEEDINGS OR BY PETITION.