GENERAL TERMS AND CONDITIONS OF USE OF THE WEB SITE (GTC)
The aim of these GTC is to define the conditions under which MAGELLIUM SAS Company makes available to you the web site www.magellium.com (www.magellium.fr, www.magellium.com), the contents and services provided therein (hereinafter « Web Site ») and the access conditions. Access to the Web Site and its consultation implies the acceptance of the entire conditions defined hereinafter.
MAGELLIUM SAS reserves the right to modify at any time the GTC, without prior notice or indemnity. Therefore, we advise you to check them regularly.
The use of the Web Site does not give you any Intellectual Property Rights on it or on its content. All Intellectual Property Rights remain the exclusive property of MAGELLIUM SAS Company or of third parties having authorized their use by MAGELLIUM SAS.
All texts, pictures, videos, data, logos, trademarks and other elements available on the Web Site are reserved and protected by Intellectual Property Rights, especially copyright, ancillary rights, trademark rights. Any display and/or reproduction and/or partial or total exploitation of the contents and services proposed on the Web Site, by any mean, without prior written authorization by MAGELLIUM SAS’s publication director and/or its partners is strictly forbidden and may constitute a counterfeit according to articles L 335-2 and following of French Code de la Propriété Intellectuelle.
MAGELLIUM SAS reserves the right to delete all or part of the content of the Web Site, at any moment and for any reason, without prior notice.
The Web Site may contain Hyperlinks to other web sites available on Internet. Clicking on these links let you leave the Web Site to other web sites.
As far as MAGELLIUM SAS has no mean of control on the third parties web sites, you agree that MAGELLIUM SAS Company does not assume any responsibility related to those web sites, and cannot be held responsible for their content.
Obligations and limitation of liability
MAGELLIUM SAS’s liability cannot be invoked in case of failure, breakdown, difficulties or running interruption, preventing access to the Web Site. MAGELLIUM SAS undertakes to take the necessary actions within a reasonable period of time in case of failure to run or defects preventing access to all the Web Site, in order to restore access to the Web Site or to inform the users. MAGELLIUM SAS reserves the possibility to suspend at any time the access to the Web Site for maintenance, evolution or correction purposes.
MAGELLIUM SAS cannot, within the limit of applicable law, be held responsible for all damages, whether direct or indirect, material or non-material, or any other kind of damage, resulting from the unavailability of the Web Site, the use of the Web Site and/or its content. The term « Use » shall be understood on a large manner i.e. all kind of use of the Web Site whether legal or not. You undertake to comply with the French laws.
Equipment used by you and necessary for the connection to the Web Site is under your sole responsibility. You shall take all appropriate measures to protect your equipment and your data especially against viral attacks through Internet. You are the sole responsible of the web sites and data you consult. You declare having the knowledge about the specific limitation and constraint related to the web based network and agree that it is impossible to totally guarantee the security of data exchanges. However, MAGELLIUM SAS will make its best effort to set up all necessary means to guarantee the security and confidentiality of the exchanged data. Notwithstanding the aforementioned, MAGELLIUM SAS cannot be held responsible of all damages suffered by yourself, third parties and/or your equipment due to your connection or use of the Web Site and you agree to waive any claim against MAGELLIUM SAS related to this matters.
Use of information and/or documents available on the Web Site is under the sole responsibility of the user who assumes all the related consequences without possibility for MAGELLIUM SAS’s responsibility to be involved, and without any remedy against the company. If MAGELLIUM SAS is subject to an amicable or judicial action related to your use of the Web Site, MAGELLIUM SAS could make a claim against you in order to be indemnified against all losses, sums, sentences resulting from the procedure.
According to the GTC, MAGELLIUM SAS’s responsibility if confirmed by a court sentence, will be limited to a sum of thousand (1 000) euros which represents in the point of view of the parties a fair share of the risks and the resulting limitation of responsibility.
Applicable Law / Court
The GTC are governed by French law. All disputes related to the GTC which could not be settled by the parties on an amicable way within thirty (30) days after notice by one party to the other will be submitted to the competent court of Toulouse.