Terms and conditions of use

LAST UPDATE: MARCH 2021

We are glad to welcome you on our website, accessible at the URL address www.ekino.com (hereinafter the “Website”), the purpose of which is to describe the activities of the company EKINO.

The access to and use of the Website, its content and its features are subject to the Terms and Conditions of use (hereinafter collectively referred to as “the Conditions”).

PLEASE READ THE CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND CONSULT THEM REGULARLY.

ACCEPTANCE, ENFORCEABILITY AND MODIFICATION OF THE CONDITIONS

The Website is accessible free of charge to any person with an Internet access (hereinafter “the User”). All costs related to the access to the Website and to the use of the telecommunications network, whether it is the costs of equipment, software or Internet access are exclusively borne by the user according to the terms determined by its access providers and telecommunications operators. The User alone is responsible for the proper functioning of his computer equipment as well as of his Internet access.

You acknowledge that you have been informed of the existence of these Terms and Conditions and of the need to read them prior to any consultation. The fact of accessing and browsing the Website constitutes your full and complete acceptance of the Terms and the subsequent commitment to comply with them.

These Terms are binding on you, deemed to have been read and applicable, on the date of your first use of the Site and solely as a result of your browsing on the Website. The fact that you do not have to click to accept these Terms does not constitute an obstacle to their enforceability.

All modifications come into effect as of their posting online. We reserve the discretionary right to modify at any time and without notice all or part of the Site and in particular the Conditions, in particular in order to comply with any new regulation or for the purpose of improvement.

Continued use of the Site after a change constitutes full acceptance of the change.

These Terms may be printed on a durable medium at any time.

IF YOU DO NOT AGREE TO ALL OR PART OF THE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR CONTINUE USING THE WEBSITE.

ACCESS TO THE SERVICE AND USE OF THE WEBSITE

The Website is accessible free of charge to any person with access to the Internet (hereinafter “the User”). All costs related to access to the Site and to the use of the telecommunication network, whether hardware, software or Internet access costs, are exclusively at the User’s expense, according to the terms and conditions set by his access providers and telecommunication operators. The User is solely responsible for the proper functioning of his computer equipment and his access to the Internet.

USER’S OBLIGATIONS

When you use our Website, you accept to use the Website in a lawful and non-fraudulent and/or non-malicious manner. The following is therefore prohibited: (i) any behaviour that may harm the image, reputation and/or rights of EKINO or third parties; (ii) any malicious act or abuse against EKINO’s Website or any act that may be malicious or constitute abuse. In this respect, such acts may be constituted by:

Hacking of the Website or the introduction of a malicious code, such as a virus, a Trojan horse, or any other measure that may harm the Website or any operating system ;

Extracting data or information from EKINO’s Website or servers ;

Sending or storing documents containing malicious codes, files, scripts or agents that may harm the Website or any operating system ;

Affecting the integrity and performance of the Website and of its data ;

Accessing or attempting to access the Website, its systems or associated networks, without authorisation ;

Accessing or attempting to access the accounts or personal information of the other users of the Website without authorisation.

PROTECTION AND USE OF THE WEBSITE’S CONTENT / INTELLECTUAL PROPERTY RIGHTS

The Website and each of the elements that comprise it (such as text, photographs, trademarks such as trademark EKINO, logos, illustrations, animations, graphic representations, diagrams, clips, videos, domain names, graphic charter used, slogan, database…) are protected worldwide by the applicable intellectual property rights and personality rights or any other applicable national or international legislation, and are, unless provided otherwise, EKINO’s exclusive property or are used in terms of a license agreement granted to it by their holder or with the authorisation of their holder.

The reproduction of any element published on the Website is only authorised for the exclusive purposes of information for a strictly personal, domestic, educational and private use, and provided that there is no amendment to the content of the Website and that the trademarks and copyrights © are maintained. Short citations are authorised provided that they clearly and legibly mention the source in the following form according to the source website: “This document originates from the website www.ekino.com. Reproduction rights are reserved and strictly limited”. The internet address shall imperatively appear in the reference. For any other use, EKINO’s express and prior authorisation shall be requested.

Any other use of all or part of the Website and/or its content, in any manner whatsoever, notably by way of download, reproduction, transmission, representation, broadcast, display, distribution, inclusion in a derivative work and any copy made of this content for other purposes, notably public and/or commercial or any alteration of all or part of the Website are strictly prohibited and the breach of these provisions subjects you to the sanctions provided for by the law.

No clause of the Conditions may be interpreted as explicitly or implicitly granting a license or any other right to the Website, the elements comprising it and/or its content.

Apart from the sharing functions offered by EKINO on the Site, in particular on social networks, any networking, any redistribution, in any form whatsoever, even partially, is prohibited.

The User shall not, without the express prior written authorization of EKINO, reproduce or use all or part of the Site.

Illustrations/Photos/Films/ :

Istockphoto : https://www.istockphoto.com/fr

Pexels : https://www.pexels.com/fr-fr/

HYPERLINKS

Links to other Websites

The Website may include hyperlinks to other Websites or other Internet sources not published or controlled by EKINO. EKINO may not exercise any control over these external sources and notably does not verify their accessibility, their direct or indirect content (advertisement, products, services, etc…), their actions or their privacy and personal data protection policy.

EKINO may not be considered as having granted its approval regarding these websites and/or their content. EKINO may therefore not be held liable in any manner whatsoever in case of damage, whether proved or alleged, caused directly or indirectly by the access and/or use of these external sources and content or by the trust placed in the content of these external sources. You alone are liable for the use of these hyperlinks. EKINO may not at all be held liable for purchases made on such websites, and the terms and conditions of these websites, their privacy policy and their cookie policy shall be fully applicable.

The addition of any link on our Website or in our communications with you does not mean that we (or our parent company, our subsidiaries, or any company in our group) adhere to the content of the said websites to which they direct. If you decide to access any third-party website, you do so at your own risk. We are not at all liable for the accuracy of the content of such websites or for the opinions that they express. The links provided do not imply that we or our Website are affiliated or associated with the said websites.

Your browsing and your interactions on any other website are subject to their own rules and policies, including in terms of privacy. Please take note thereof before continuing your visit on the said websites.

Links to the Website

The creation of hyperlinks on the Website is prohibited, unless expressly authorised in writing by EKINO beforehand. The requests for authorisation shall be sent to the following address indicated in the legal Information. This authorisation is revocable at any time without notice or compensation of any kind whatsoever. In any case, links to the Website must be removed at EKINO’s first request.

You can include links to any website page, for non-commercial purposes, provided that you have our prior authorisation, that you do so lawfully, in a fair manner and that you do not harm our reputation or rely on it. The links may not direct to websites including unlawful content or adult content, offensive content, content that is harassing or otherwise reprehensible, or false, inaccurate or incorrect declarations regarding the Website or damage EKINO’s reputation and/or image.

You shall not include links to our Website that could suggest any affiliation, approval or liability in our respect, when it is not the case. You may not remove or conceal advertisements, copyright notices or other information published on the Website.

You are prohibited from putting a hyperlink to our website in place on any other website.

If a link is expressly and previously authorised by EKINO, it shall be set as follows:

The link shall only direct to the Website’s home page;

The authorisation granted by EKINO does not mean in any case that the latter (i) promotes the content and/or the services offered by the website on which this link is present or that it cooperates, verifies or controls it; or (ii) that it is liable for the content offered by the website on which this link is present;

The website on which this link is present shall fully comply with the law and shall never host proprietary content or content belonging to a third party that (i) is unlawful, harmful or contrary to ethics and morality (pornography, violence, racism, etc.); (ii) misleads the user or that may mislead the user by putting forward the misconception that EKINO subscribes to, maintains, adheres to or supports the ideas, statements or expressions, whether they are lawful or not, of the person placing the link in any way.

We reserve the right to withdraw our authorisation to place a hyperlink to our Website on any other website at any time and without prior notice.

All websites with a hyperlink to the Website or its components are not under control of EKINO, which shall therefore not be held liable for any damage whatsoever, whether proven or alleged, caused directly or indirectly by the access and/or use of all websites linked to the Website by a hyperlink or their content.

Regarding social media, the conditions pertaining to (i) Interactions (public or via private messages) with the subscribers and other users, (ii) Browsing and statistical data related to the use of Facebook cookies, are indicated in the information notices defined by EKINO on the pages dedicated to social media.

The Website provides a link to its social media networks pages (Instagram, LinkedIn, Twitter), however the Website is neither managed nor sponsored by these networks.

PROTECTION OF PERSONAL DATA AND COOKIES

EKINO processes Users’ personal data in accordance with its Privacy Policy and Cookies Policy.

NO GUARANTEE / LIMITATION OF LIABILITY

EKINO may not guarantee the accuracy, precision, currency or exhaustivity of the information made available on the Website, which is communicated “as it stands” and “according to the resources” of EKINO. As a consequence, EKINO accepts no liability for any errors, inaccuracies or omissions regarding information available on the Website.

EKINO implements means intended to ensure the safety of data collected on the Website. However, the latter does not control the risks related to the functioning of the Internet and draws your attention to the existence of possible risks of confidentiality of data transiting via this network. In addition, EKINO cannot guarantee full IT security.

EKINO endeavours to keep the Website accessible, free, to any person with access to the Internet network and at any time, without however being subject to any obligation of result. It is therefore indicated that access to the Website may be interrupted without notice notably for maintenance, safety or update purposes. EKINO may not be held liable if for any reason whatsoever, access to the Website was interrupted, irrespective of the time and duration of this interruption.

All costs related to access to the Website, whether they are costs of equipment, software or access to the Internet network are exclusively borne by the User, who is alone liable for the proper functioning of his computer equipment as well as for the quality of his access to the Internet network.

EKINO uses its best efforts for the information accessible via the Website to be accurate, exhaustive, precise and up to date. EKINO does not however guarantee in any way that it is, to the extent that this information is communicated “as it stands” and “according to the resources”.

To the extent of statutory provisions, EKINO does not guarantee that all or part of the of the Website is accessible and/or adapted to all countries in the world. EKINO does not provide any guarantee, whether express or implied, regarding all or part of the content of the Website and/or its technical operation. In particular, EKINO does not guarantee in any way that the content of the Website and its use are free from errors, inaccuracies, omissions and/or bugs, malware (viruses, Trojan horses,…), defects, breaches against third-party rights and/or that it is adapted to a specific purpose or use. EKINO does not in any way undertake to remedy such situations.

To the extent of statutory provisions, EKINO shall not in any case be held liable in any respect whatsoever for any damage, whether direct or indirect, material or non-material, caused by, resulting from or related to the access to or impossibility to access the Website, and/or the use of the Website and its content or any information resulting directly or indirectly from the latter, this being the case even if EKINO was informed beforehand of the possibility of such damage. EKINO may notably not be held liable in case of damage such as a loss of use, or operating, profit or data loss.

By accessing the Website www.ekino.com, you unconditionally agree to use this Website and its content at your own risk.

EKINO shall not in any case be held liable to bear costs if you had to receive assistance or repair all or part of your equipment, material or databases following access to the Website or the use of its content.

Since certain jurisdictions do not accept the waiver of guarantee and/or the limitation of liability, there is a possibility that the exclusions and limitations provided for above may not be applicable to you.

ABSENCE OF IMPLIED WAIVER / PARTIAL INVALIDITY

The fact that EKINO did not request the application of any clause whatsoever of the Conditions may not in any case be considered as a waiver of EKINO’s rights resulting from the said clause or as a waiver of the application of another clause.

If any clause whatsoever from the said Conditions were to be declared void, considered as inapplicable or invalid, this clause would be considered as severable from other clauses of the Conditions and shall not affect their validity.

GENERAL PROVISIONS

You unconditionally agree to access and use this Website at your own risk and undertake to comply with the applicable regulation in your country, notably if access to the Website and/or the use of its content is prohibited for certain persons.

In case of non-compliance with any terms of these Conditions, EKINO reserves the right to terminate the access and the use of the Website without notice, notwithstanding any possible remedy against you. You acknowledge that you have been informed thereof when accessing the Website and undertake in such case to destroy any copies that you may have made of the Website’s content.

APPLICABLE LAW AND COMPETENT COURTS

The Website as well as its Conditions are available in French and English. It is indicated that the French version of these conditions of use shall prevail in case of contradiction on their English version.

The French courts have territorial jurisdiction for any dispute relating to access to and use of the Website, except as otherwise provided by the Brussels Regulation on jurisdiction and enforcement of judgments.

IN THE EVENT OF A DISPUTE RELATING TO ACCESS AND USE OF THE WEBSITE, THE FRENCH COURTS HAVE TERRITORIAL JURISDICTION FOR ANY DISPUTE RELATING TO THE ACCESS AND USE OF THE SITE, EXCEPT AS OTHERWISE PROVIDED BY THE BRUSSELS REGULATION ON JURISDICTION AND ENFORCEMENT OF JUDGMENTS

CONTACT

Please contact EKINO at the contact details mentioned in the legal information if you have any questions.