Terms of Use
GENERAL TERMS OF USE OF THE WEB SITE www.eng.siem.fr
It is imperative that all users familiarize themselves with these General Terms of Use (hereafter “GTU”) which define the rules for using this web site. Simple use of this web site presupposes full and unconditional acceptance of the GTU.
1 – Legal notices
Siem Supranite is a subsidiary of The Flexitallic Group.
Siem Supranite’s contact details are:
Tel: +33 (0)1 48 88 88 88 – siem@supranite.com.
The responsible publisher is Mr Philippe Pottier.
The responsible editor is Mr Pierre Debare.
This website is hosted through ICDSoft LLC, incorporated in Bulgaria, Reg. No 130948460, with address Sofia, Bulgaria, 39-41 Cvetna Gradina Str. in the CenturyLink Technology Solutions data center in Boston, USA, hosting@icdsoft.com.
This web site and the information it contains are not intended or approved for use in the United States, or by American citizens and residents. Please go to the web site https://www.flexitallic.com/ if the above restriction applies to you.
2 – Definitions
The terms or expressions herein starting with a capital letter have the following meaning:
– Site: this web site, notably accessible at the following address: https://www.eng.siem.fr/
– User: anyone visiting one or more pages of the Site.
International users
This site is controlled, managed and updated by Siem Supranite in France. If you visit this site or download its content from a place other than France, please note that it is up to you to check that you are in compliance with the legislation in force in that place.
3 – Purpose
The GTU govern the access and use of the Site.
When Users visit the Site or send an e-mail to Siem Supranite by means of a “mail to” type of link available on the Site, they acknowledge having cognizance of the GTU and unconditionally accept them.
Siem Supranite reserves the right to modify the GTU at any time by publishing an updated version on the Site. These modifications will come into effect as soon as they are posted online on the Site, and will be enforceable on any web user from that moment onwards.
Please note that in relations between Siem Supranite and Users, the GTU govern all of their contractual relationships and apply to the exclusion of any other agreement.
Siem Supranite advises anyone visiting the Site to save or print the GTU, without modifying them.
4 – Warning
On no account may the information contained on the Site be equated with canvassing, a customized service offer or consulting services.
Siem Supranite is only bound by a simple best-endeavours obligation concerning the information it provides to people who access the Site.
Even though all the necessary steps have been taken to check the reliability of the information contained on the Site, Siem Supranite may not be held liable for any errors, omissions or the possible outcomes of any use of the said information.
Accordingly, the Users who acquire information on the Site are personally responsible for any use made of that information.
5 – Contact requests
The Users may contact Siem Supranite by means of the Contact form available on the Site.
Siem Supranite shall make every effort to answer any contact request sent by a User. However, Siem Supranite is on no account required to provide an answer or acknowledge receipt of the User’s request.
Finally, the Users explicitly accept that Siem Supranite’s back-up systems are deemed valid proof of the nature, content, date and time of any information and documents they may send to Siem Supranite.
6 – Careers
The Users may contact Siem Supranite in order to submit a curriculum vitae in connection with an unsolicited job application. Siem Supranite shall make every effort to answer any application as quickly as possible.
7 – Data Protection
The Users are hereby informed that, for Siem Supranite, their registration on the Site, among other things like that referred to in the “Contact” clause, gives rise to the collection and automated processing of personal data concerning them, the use of which is governed by the provisions of the French data protection law no. 78-17 of 6 January 1978 as amended by the law no. 2004-801 of 6 August 2004.
This data is kept and used for the sole purpose of answering the contact requests or applications sent to Siem Supranite. It is kept for the necessary duration of the purposes for which it was collected and processed; the required fields of the contact forms are duly marked by an asterisk.
The Users have a right to access and correct their personal data, as well as a right to object to the processing of their personal data, by sending an e-mail to the following address: redaction@supranite.com.
The privacy and protection of the personal data that the Users send to Siem Supranite are essential and the latter does its best and uses all the means at its disposal to ensure the security of that data. For this reason, Siem Supranite makes every effort to ensure the protection of the data concerning its Users and, in this respect, provides a level of security that meets the prevailing standards and practices.
In order to continue doing its best to meet the expectations of the Users of the Site, Siem Supranite may share certain data with its technical service providers. The personal data of the Users will not be sent to any other third party.
Siem Supranite uses “cookies” technology, which processes data statistically and provides detailed information about the number of people accessing the Site, the method of access to the Site, and the number of times people visited the Site.
Siem Supranite places a cookie on your computer. A cookie does not allow us to identify you.
Generally speaking, it records information about your computer’s browsing history on the Site (the pages visited, the date and time of the visit, etc.), which Siem Supranite can read on your later visits, to offer you easier browsing, on that occasion, and the information corresponding to your needs.
You may refuse “cookies” by configuring your browser software. In that case, Siem Supranite cannot guarantee you the best visit of the Site and some content or functions might not be available.
8 – Intellectual Property
The Site, its content and all the components thereof are creations for which Siem Supranite holds all the intellectual property rights and/or has obtained the commercial rights, particularly in respect of copyright, design rights, database rights and trademarks law.
Siem, Supranite and Flexitallic are registered trademarks; any use of these trademarks is prohibited without the owner’s prior written consent.
The Site, as well as the programs, database structures, texts, information, analyses, images, photographs, graphics, logos, sounds or any other data contained on the Site remain the exclusive property of Siem Supranite or, where applicable, of their respective owners with whom Siem Supranite has concluded agreements governing their use.
On no account may they be reproduced, used or represented without Siem Supranite’s explicit written consent, on pain of legal action.
Siem Supranite grants the Users a non-exclusive, non-transferable right of use of the Site and of the original intellectual works and data contained on the Site. The right granted as such consists in (i) a right to view online the original intellectual works and data contained on the Site and (ii) a reproduction right consisting in a printout and/or backup of the original intellectual works and data viewed. This right of use is taken to mean for a strictly personal use. Any other right is expressly reserved by Siem Supranite.
Any other use of the Site on the part of the User, particularly if commercial, is prohibited.
In particular, the Users non-exhaustively undertake not to reproduce and/or represent, download, sell, distribute, deliver, translate, adapt, capitalize on, circulate and communicate in full or in part in any form whatsoever, whether as a gesture of goodwill or not, any original intellectual work or piece of data contained on the Site, for any use other than personal use.
The Users also undertake not to insert data on the Site that may or is liable to modify the content or appearance of the data, layout or organization of the Site or the works appearing therein, by any means whatsoever.
9 – Hypertext links
Any hypertext link to the Site of whatever kind must be the subject of prior approval by Siem Supranite, in hard copy or electronic format. To obtain this approval, please contact Siem Supranite, by sending an e-mail to the following address: publication@supranite.com
The Site may include hypertext links to other web sites.
On the date they are created, Siem Supranite has ascertained, where possible, that these web sites and other Internet sources do not include content contravening French law.
Siem Supranite may only be held liable for making these external web sites and sources available inasmuch as the web page or source to which the hypertext link was created included content contravening French law at the time of its creation.
Accordingly, Siem Supranite cannot be held liable for the content, advertisements, products and services available on or from these external web sites or sources proposed after the hyperlink text was created on its Site. By express agreement, it is up to the Users to provide proof of the fact that the said hypertext link was created after the circulation of the said content, advertisements, products or services.
Accordingly, the Users acknowledge that Siem Supranite may not be held liable for any proven or alleged damage or loss, following or in connection with the use or with the fact of becoming acquainted with the content, advertisements, products or services available on these external web sites or sources.
If the result of a search made on the Site leads Users to enter web sites, pages or forums with a title and/or content that constitutes an infringement of French law, particularly in view of the fact that Siem Supranite cannot control the content of these external web sites and sources, the Users must stop consulting the web site concerned to avoid becoming liable for penalties provided for by French legislation or legal actions against them.
Finally, if a hypertext link on the Site should lead, despite our efforts, to a web site or source with content that is or appears to Users to be non-compliant with the requirements of French law, the Users undertake to contact the responsible publisher immediately: publication@supranite.com, in order to give him/her the address of the pages of the web site in question. Siem Supranite then undertakes to examine the said web site and to inform the Users of his/her intended follow-up, within a reasonable time. The Users undertake not to institute legal proceedings against Siem Supranite before receiving a response on its part.
The Users also undertake to only institute legal proceedings against Siem Supranite in the event that it refuses to delete the said link.
10 – Liability
Siem Supranite is only liable for the content of the pages it publishes.
Siem Supranite may on no account be held liable for any damage liable to occur on the Users’ computer system and/or data loss ensuing from the Users’ use of the Site.
Siem Supranite may not be held liable for events apart from those pertaining to the publishing of the Site. Siem Supranite in no way guarantees the availability or performance of the Site. The Users may not seek to hold Siem Supranite liable on the grounds of loss of profit, loss of opportunity or revenue. Siem Supranite may only be held liable for proven fault and for direct, foreseeable damage, solely caused by Siem Supranite ‘s breach of its obligations.
Siem Supranite may not be held liable if the Site does not work, cannot provide access or has malfunctions ascribable to inappropriate hardware, malfunctions in the Internet provider’s services for Users, or to those of the Internet network. The same holds for all other reasons unrelated to Siem Supranite.
Moreover, the Users acknowledge that it is not possible to guarantee the availability and smooth running of the Site due to the characteristics and constraints of the Internet network. Accordingly, Siem Supranite does not guarantee that the Site will function without interruption or error.
On this account, please note that:
– the Site is accessible 24/7 barring a case of absolute necessary or event beyond Siem Supranite’s control,
– Siem Supranite may have to interrupt access to all or part of the Site, for all or certain Users, temporarily for reasons of maintenance to ensure the smooth running of the Site, without notice, and without this interruption entitling the User to any compensation whatsoever.
The User foregoes seeking to hold Siem Supranite liable in respect of this downtime or disruptions in service.
Since the Internet is accessible to all and notably to ill-intentioned people, the Users acknowledge that Siem Supranite cannot guarantee the secrecy of any correspondence exchanged by the means made available to Users.
The Users declare being fully apprised of the intrinsic characteristics of the Internet and notably the fact that (i) the reliability of data transmission on the Internet is only relative, since the data circulates on heterogeneous networks, with diverse characteristics and capacities, which are sometimes saturated at certain times of the day and liable to impact download times or accessibility to data, and (ii) the Internet is an open network so the information it carries is not protected against risks of abuse or intrusion in its system, hacking of the system’s data, programs and files or contamination by computer viruses, and (iii) it is up to the Users to take all appropriate measures so as to protect the data, files or programs stored in their system against contamination by viruses and intrusion attempts.
11 – Partial nullity
If one or more stipulations of the GTU are deemed invalid or declared as such under a law a regulation or pursuant to a final ruling by a competent court, they will be deemed unwritten and the other stipulations will remain in force.
12 – Headings
In case of difficulty of interpretation between any of the headings given at the start of the clauses and any of the clauses or between several headings, the headings will be declared non-existent.
13 – Language
Only the version of the GTU in French is deemed authentic by the parties and may be produced in court.
14 – Governing law
The GTU are governed by French law.
15 – Assignment of jurisdiction
IN THE EVENT OF A DISPUTE BETWEEN THE PARTIES ARISING FROM THE INCEPTION, INTERPRETATION OR EXECUTION OF THESE GTU, AND AFTER AN ATTEMPT TO SEEK AN AMICABLE SOLUTION, JURISDICTION IS EXPLICITLY ASSIGNED TO THE COMPETENT COURT OF PARIS, NOTWITHSTANDING PROCEEDINGS WITH MORE THAN ONE DEFENDANT OR CLAIMS FOR THIRD-PARTY CONTRIBUTIONS, EVEN FOR URGENT PROCEEDINGS, URGENT INTERIM MEASURES, PROCEEDINGS IN CHAMBERS OR ON AN EX PARTE APPLICATION.
