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General Terms and Conditions of Website www.porthor.com
1. Statutory terms relating to French digital economy legislation, object of the URL website and definition of the parties
The website has been created by Mr Jean Petrissans, a self-employed businessman whose company is listed in the Toulon trade and company register under number A495 331 621 and has its registered office at 414, rue Courbet, 83260 La Crau.
The web host is RRC Communication Multimédia, 8 allées Courbet, 83000, Toulon, France Tel : 00 33(0)4 94 91 52 54.
Anyone using the Internet has free access to the website. The object of the website is to sell access to a certain number of documents consisting of dictations and preparatory work for these. By entering into a contract governed by these general terms and conditions with the website publisher, the Internet user is assumed to have agreed to all the general terms and conditions without exception, and to have read and fully understood them. The Internet user accepts the general terms and conditions by checking the box against the following sentence: “I hereby acknowledge that I have read and accept in full the website general terms and conditions.” Checking the box has the same validity as an Internet user’s handwritten signature. The Internet user acknowledges that the automatic registration systems employed by the website publisher constitute documentary proof and, unless able to provide evidence to the contrary, will not contest this proof in the event of a complaint. By accepting the general terms and conditions, the Internet user indicates his legal capacity to do so, or, in the case of his incapacity, the authorisation by a carer or guardian, or by the person legally responsible for him in the case of a minor.
2. Ordering and purchasing process
An order is placed by exchanging emails and is confirmed by sending a signed order form to the website publisher accompanied, as required, by the payment. Prices shown on the website are taken to be in euros and inclusive of tax. The company has the right to change the prices at any time and it is for the buyer to check the correct price at the time of confirming an order.
3. Payment details
The Internet user may place an order via the website and pay by cheque drawn on a French bank or post office account, by PayPal online service or by bank transfer.
In the case of payment by cheque or bank transfer, the period for accessing the service as specified in the paragraph below begins from the date of receipt of funds, and proof of this receipt, by the seller.
4. Availability of and access to the service
The services offered by the website can be instantly accessed by means of a website access username and accompanying password provided by the website publisher. Provision of this information constitutes provision of access to the service and is not dependent on the client’s access or otherwise to the Internet. The website publisher will provide a username and password on receipt of a duly completed order form and confirmation of payment.
Where the username and password supplied fail to work, the customer is requested to notify the website publisher via the customer service. The publisher undertakes to resolve the problem without delay.
The provision of a username and password for accessing the website constitutes actual transmission of the online work by the publisher. The customer is holder of the username and password and these are strictly non transferable.
Any instance of fraud involving communication of username and password to a third party, or any technical procedure designed to transfer the subscription to one or several other computers, without the agreement of the website publisher, will result in the username and password involved being deactivated, without prejudicing any legal action which may subsequently be taken against the offending client.
Subscriptions taken out by professionals may relate to a number of computer workstations as specified on the order form. The website publisher reserves the right to make any physical or other form of technical checks where necessary.
The contract is agreed for an unspecified period. Payment by the client will however be in return for access to the site for one year. Clients will continue to benefit from their subscription after the 12-month period at no further charge. Clients may give up their right to access the service at any time by requesting this in writing. In the event that the website ceases operation, those clients whose contract was agreed more than 12 months previously will have no right to compensation, given that the service has been provided free of charge following the end of the initial 12-month period.
5. Provisions relating to consumer rights legislation (French CHATEL Law)
The website customer service can be contacted Monday to Friday from 9 am to 12 pm and from 2 pm to 6 pm by calling the following non premium-rate numbers in France: 0033 (0) 494 578 974 or 0033 (0) 615 226 308, or by emailing: contact@porthor.com. The publisher undertakes to provide a response within two working days.
The right to cancel available to consumers purchasing online or via e-commerce cannot be exercised under this contract in accordance with the terms of article L121-20-2 of the French Consumer Code which provides for the exclusion of services which are rendered instantly.
6. Terms relating to data protection legislation (French Informatique et Liberté Law of 6th January 1978)
The details of clients and users registering on the website will be protected in accordance with the provisions of French legislation (Loi informatique et liberté of 6th January 1978). In compliance with the legislation, individuals have the right to access, modify and correct data supplied by them. This can be done by simply emailing a request to: jean.petrissans@wanadoo.fr
The publisher, as holder of this data, undertakes not to communicate information to a third party without the consent of the individual, and undertakes to respect all rights of privacy in this regard. The only exception to this principle relates to requests for specific information issued by authorities entitled to do so.
The website users acknowledge and unreservedly accept the use of cookies by the website publisher for the sole purpose of improving its smooth operation.
7. Publisher’s responsibility exemption under the present contract
In the event of the client being unable to access the website for technical or any other reason, he may claim compensation provided the period of unavailability of the website exceeds three consecutive working days. In such a case, compensation will be calculated pro rata on the basis of the period of website unavailability.
Hyperlinks featured on the website may lead to other websites and the publisher cannot be held responsible if the content of these breaches current legislation. Nor can the publisher be held responsible for any harm caused to an Internet user by visiting one of these websites.
8. Intellectual property rights relating to materials published on the website
All materials appearing on the website belong to the publishing company. Copying of logos, text, icon or video content, even to a limited extent, is strictly prohibited and amounts to pirating. Any client found guilty of unauthorised copying will be liable to having his account terminated with immediate effect and without prior notification. Such termination will not constitute grounds for a claim by the client for compensation and will not prejudice any potential legal action subsequently taken against him by the website publisher or his representative.
The body of work comprising the dictations and their preparation made available on the website constitutes intellectual property whose copyright, under the French title « De l'oreille à la main », has been legally asserted and registered in France. Any copying, distributing or use of part or whole of the aforementioned work is strictly prohibited. Such activity is in breach of the author’s intellectual property rights and may lead to legal action.
Downloading of material by teachers in their professional capacity and for educational purposes is permitted, as indicated on the website. Any misuse may result in legal action by the publisher against those at fault.
9. Miscellaneous clauses
The present general terms and conditions are subject to French law.
The present general terms and conditions may be changed at any time by the website publisher or his representative. The general terms and conditions applying to the website user are those in force on the day of his order or his connecting to the website. The publisher naturally undertakes to retain all previous general terms and conditions and to provide a copy to any user requesting them.
Other than complaints relating to law and order, any complaint arising from the application of the present general terms and conditions may, prior to any legal action being taken, be submitted to the publisher with a view to an amicable settlement. Express reminder is given that any request for an amicable settlement does not set aside the deadlines fixed for instigating legal action. Except where provisions relating to matters of law and order give rise to the contrary, any legal action arising from the application of the present contract is subject to the jurisdiction of the Aix-en-Provence Cour d’appel, or Civil Court.
Where any clause of the present general terms and conditions is declared null and void by decision of the court, this will not result in the remainder of the clauses being considered null and void, and these will continue to apply.
1. Statutory terms relating to French digital economy legislation, object of the URL website and definition of the parties
The website has been created by Mr Jean Petrissans, a self-employed businessman whose company is listed in the Toulon trade and company register under number A495 331 621 and has its registered office at 414, rue Courbet, 83260 La Crau.
The web host is RRC Communication Multimédia, 8 allées Courbet, 83000, Toulon, France Tel : 00 33(0)4 94 91 52 54.
Anyone using the Internet has free access to the website. The object of the website is to sell access to a certain number of documents consisting of dictations and preparatory work for these. By entering into a contract governed by these general terms and conditions with the website publisher, the Internet user is assumed to have agreed to all the general terms and conditions without exception, and to have read and fully understood them. The Internet user accepts the general terms and conditions by checking the box against the following sentence: “I hereby acknowledge that I have read and accept in full the website general terms and conditions.” Checking the box has the same validity as an Internet user’s handwritten signature. The Internet user acknowledges that the automatic registration systems employed by the website publisher constitute documentary proof and, unless able to provide evidence to the contrary, will not contest this proof in the event of a complaint. By accepting the general terms and conditions, the Internet user indicates his legal capacity to do so, or, in the case of his incapacity, the authorisation by a carer or guardian, or by the person legally responsible for him in the case of a minor.
2. Ordering and purchasing process
An order is placed by exchanging emails and is confirmed by sending a signed order form to the website publisher accompanied, as required, by the payment. Prices shown on the website are taken to be in euros and inclusive of tax. The company has the right to change the prices at any time and it is for the buyer to check the correct price at the time of confirming an order.
3. Payment details
The Internet user may place an order via the website and pay by cheque drawn on a French bank or post office account, by PayPal online service or by bank transfer.
In the case of payment by cheque or bank transfer, the period for accessing the service as specified in the paragraph below begins from the date of receipt of funds, and proof of this receipt, by the seller.
4. Availability of and access to the service
The services offered by the website can be instantly accessed by means of a website access username and accompanying password provided by the website publisher. Provision of this information constitutes provision of access to the service and is not dependent on the client’s access or otherwise to the Internet. The website publisher will provide a username and password on receipt of a duly completed order form and confirmation of payment.
Where the username and password supplied fail to work, the customer is requested to notify the website publisher via the customer service. The publisher undertakes to resolve the problem without delay.
The provision of a username and password for accessing the website constitutes actual transmission of the online work by the publisher. The customer is holder of the username and password and these are strictly non transferable.
Any instance of fraud involving communication of username and password to a third party, or any technical procedure designed to transfer the subscription to one or several other computers, without the agreement of the website publisher, will result in the username and password involved being deactivated, without prejudicing any legal action which may subsequently be taken against the offending client.
Subscriptions taken out by professionals may relate to a number of computer workstations as specified on the order form. The website publisher reserves the right to make any physical or other form of technical checks where necessary.
The contract is agreed for an unspecified period. Payment by the client will however be in return for access to the site for one year. Clients will continue to benefit from their subscription after the 12-month period at no further charge. Clients may give up their right to access the service at any time by requesting this in writing. In the event that the website ceases operation, those clients whose contract was agreed more than 12 months previously will have no right to compensation, given that the service has been provided free of charge following the end of the initial 12-month period.
5. Provisions relating to consumer rights legislation (French CHATEL Law)
The website customer service can be contacted Monday to Friday from 9 am to 12 pm and from 2 pm to 6 pm by calling the following non premium-rate numbers in France: 0033 (0) 494 578 974 or 0033 (0) 615 226 308, or by emailing: contact@porthor.com. The publisher undertakes to provide a response within two working days.
The right to cancel available to consumers purchasing online or via e-commerce cannot be exercised under this contract in accordance with the terms of article L121-20-2 of the French Consumer Code which provides for the exclusion of services which are rendered instantly.
6. Terms relating to data protection legislation (French Informatique et Liberté Law of 6th January 1978)
The details of clients and users registering on the website will be protected in accordance with the provisions of French legislation (Loi informatique et liberté of 6th January 1978). In compliance with the legislation, individuals have the right to access, modify and correct data supplied by them. This can be done by simply emailing a request to: jean.petrissans@wanadoo.fr
The publisher, as holder of this data, undertakes not to communicate information to a third party without the consent of the individual, and undertakes to respect all rights of privacy in this regard. The only exception to this principle relates to requests for specific information issued by authorities entitled to do so.
The website users acknowledge and unreservedly accept the use of cookies by the website publisher for the sole purpose of improving its smooth operation.
7. Publisher’s responsibility exemption under the present contract
In the event of the client being unable to access the website for technical or any other reason, he may claim compensation provided the period of unavailability of the website exceeds three consecutive working days. In such a case, compensation will be calculated pro rata on the basis of the period of website unavailability.
Hyperlinks featured on the website may lead to other websites and the publisher cannot be held responsible if the content of these breaches current legislation. Nor can the publisher be held responsible for any harm caused to an Internet user by visiting one of these websites.
8. Intellectual property rights relating to materials published on the website
All materials appearing on the website belong to the publishing company. Copying of logos, text, icon or video content, even to a limited extent, is strictly prohibited and amounts to pirating. Any client found guilty of unauthorised copying will be liable to having his account terminated with immediate effect and without prior notification. Such termination will not constitute grounds for a claim by the client for compensation and will not prejudice any potential legal action subsequently taken against him by the website publisher or his representative.
The body of work comprising the dictations and their preparation made available on the website constitutes intellectual property whose copyright, under the French title « De l'oreille à la main », has been legally asserted and registered in France. Any copying, distributing or use of part or whole of the aforementioned work is strictly prohibited. Such activity is in breach of the author’s intellectual property rights and may lead to legal action.
Downloading of material by teachers in their professional capacity and for educational purposes is permitted, as indicated on the website. Any misuse may result in legal action by the publisher against those at fault.
9. Miscellaneous clauses
The present general terms and conditions are subject to French law.
The present general terms and conditions may be changed at any time by the website publisher or his representative. The general terms and conditions applying to the website user are those in force on the day of his order or his connecting to the website. The publisher naturally undertakes to retain all previous general terms and conditions and to provide a copy to any user requesting them.
Other than complaints relating to law and order, any complaint arising from the application of the present general terms and conditions may, prior to any legal action being taken, be submitted to the publisher with a view to an amicable settlement. Express reminder is given that any request for an amicable settlement does not set aside the deadlines fixed for instigating legal action. Except where provisions relating to matters of law and order give rise to the contrary, any legal action arising from the application of the present contract is subject to the jurisdiction of the Aix-en-Provence Cour d’appel, or Civil Court.
Where any clause of the present general terms and conditions is declared null and void by decision of the court, this will not result in the remainder of the clauses being considered null and void, and these will continue to apply.
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Conception / Development: rrc multimedia © - september 2009
Conception / Development: rrc multimedia © - september 2009