|General Conditions of Use for the Website « www.tenexium.com»|
Any user of the “www.tenexium.com” website (hereinafter referred to as the “User”) must note these General Conditions of Use (hereinafter referred to as GCU). Use of the www.tenexium.com website (hereinafter referred to as the “Website”) is conditional to the prior express and unreserved acceptance of said General Conditions of Use.
1. Legal Notices
In accordance with Law No.2004-575 of 21 June 2004 on Confidence in the Digital Economy, you are hereby informed that:
The Website is edited by the Company TENEXIUM (hereinafter referred to as “TENEXIUM”).
A Société par Actions Simplifiée (French simplified joint-stock company) with a capital of 600,000 euros
Recorded in the STRASBOURG Trade and Companies Register under No. 879 066 694
SIRET No: 879 066 694 00016
NACE Code: 4619B
Intra-community VAT number: FR81 879 066 694
Registered Head Offices: 29 rue du 14 juillet 67980 HANGENBIETEN
Tel: +33(0)3 88 48 53 00
Editorial Director: Patrick BOURREAU
Host: SdV-PLURIMEDIA SA
Registered Head Offices: 15, rue de la Nuée Bleue 67000 Strasbourg France
Tel: +33 (0)3 88 75 80 50
Fax: +33 (0)3 88 23 56 32
2. Information Technology and Civil Liberties
The User is hereby informed that:
- information collected, including personal data, is intended for TENEXIUM for administrative and commercial management purposes, for cookie management if necessary, and to meet the legal and/or regulatory requirements.
- the User has the right to access, correct, limit the purpose of processing and delete all personal data relating to them and has the right to its portability.
- the User also has the right to object to the processing of such personal data, particularly if this data is used for commercial prospecting purposes.
These rights are to be exercised with TENEXIUM by e-mail: email@example.com or by correspondence addressed to :
29 rue du 14 juillet
The User also has the right to refer the case to the CNIL, the French Data Protection Authority :
3 Place de Fontenoy
75334 PARIS CEDEX 07
The User is hereby informed that when they visit this Website, cookies may automatically be installed on their web browser.
The User’s consent is required to install some cookies on the User’s browser.
A cookie is a small piece of information which is sent to the User’s browser by a website visited by the User.
4. The User’s obligations
The User must not:
- reproduce or copy, even temporarily and/or partially, the Website or any content it contains by any means and in any form whatsoever.
- adapt, modify, translate, transcribe, compile, decompile, assemble or disassemble all or part of the Website, or the functions and content it contains.
- disrupt, interrupt or attempt to disrupt or interrupt the Website.
- compromise or attempt to compromise the services supplied by TENEXIUM, including, but not limited to, exposing the Website to a virus, creating saturation, flooding the server or saturating the messaging service with e-mails.
- disable, hack or interfere with any security measures or digital rights management.
Moreover, the User undertakes to notify TENEXIUM in writing without delay in case of discovery of any IT flaws which may lead to the occurrence of any of the above-mentioned actions.
5. Intellectual Property
The Website, its contents and all items of whatever nature which appear on it and/or constitute it, such as, in particular but not limited to, software, text, still images, moving images, databases, trademarks, illustrations, logos, designs, models and downloadable documents, on the Website are protected by French legislation (under articles L.511-1 et seq of the Intellectual Property Code) and international legislation on intellectual and/or industrial property and remain the sole property of TENEXIUM or, as appropriate, their respective owners.
TENEXIUM holds all intellectual property rights relating thereto and/or has secured rights to the use thereof.
Any form of reproduction, representation, adaptation or total or partial modification of any item constituting the Website is prohibited.
Content Management tool and Open Source module: WORDPRESS – www.wordpress.com
The trademark and logo reproduced on the Website have been registered.
Any reproduction, imitation, usage, affixing, republication or total or partial redistribution of these trademarks and logo, by whatever means, without prior written consent, is prohibited and would constitute an infringement of trade mark rights.
The installation of hyperlinks to the Website requires the prior written consent of TENEXIUM.
The Website may contain links to other websites or Internet sources. Insofar as TENEXIUM cannot control these websites and external sources, TENEXIUM cannot be held liable for the availability of these websites and external sources, and therefore declines all responsibility as to the content, advertising, products and services available on or from these websites or external sources. These links are offered to the User as a service. The decision to activate the links is the responsibility of Users alone.
7. Limitation of liability
The User hereby acknowledges that they have the competencies and necessary means of accessing this Website and using it. The User hereby declares that they have checked that the data processing configuration they use does not contain any viruses and is in perfect working order. The User hereby declares that they are familiar with the characteristics and constraints of the Internet and in particular, but not exclusively with the risks and reliability problems associated with this type of network.
The data supplied by TENEXIUM is supplied for information only and does not absolve the User from the need to undertake an additional, personal analysis thereof.
TENEXIUM cannot guarantee the accuracy of the data and completeness of the data made available on its Website or, moreover, that it is up to date.
Accordingly, the User hereby recognises that they are solely responsible for the use they make of this data.
TENEXIUM endeavours to offer the User data and/or tools that are usable and have been verified but cannot be held liable for errors, performance failings or the lack of availability of certain functions and/or the presence of viruses on its Website.
TENEXIUM may not be held liable for any damage that may occur to the User’s computer system and/or any loss of data resulting from the use of this Website.
Moreover, TENEXIUM liability may only be invoked in respect of a proven error and for direct and foreseeable damages caused solely by a failure of TENEXIUM to meet its obligations as editor of the Website. In particular, TENEXIUM cannot be held liable for lost profit, lost opportunity, lost revenue, operating loss, turnover loss or damaged reputation.
TENEXIUM shall be exempt from all liability, particularly in case of a breach of these GCU and the fact of using the Website or any other service available via the Internet.
TENEXIUM is not responsible for damage caused to the User, third parties and/or equipment due to connection to or use of the Website.
8. Modification of the General Conditions of Use
TENEXIUM may modify and/or update these GCU at any time without prior notice. The User should consult these GCU regularly to ensure they are aware of any changes. The GCU currently in force are those published on the Website.
9. Miscellaneous provisions
The fact that TENEXIUM does not systematically invoke any of the clauses in these GCU shall not be construed as a waiver of said clause for the future or any subsequent breach thereof and said clause shall remain in force.
If one or more of the clauses in these GCU should be declared invalid, null or unwritten, the other clauses shall remain in force.
The following are deemed to be cases of force majeure, in addition to those elements usually retained by the French law, without this list being exhaustive: war, insurrection, riot, the effects of nuclear fission, social conflicts, lock-out, weather events, epidemics, interruption of transport facilities or of procurement for any reason whatsoever, earthquakes, fire, storms, flooding, water damage, legal or governmental restrictions including all lockdown measures, breakdown of computers or peripheral equipment, interruption or blocking of telecommunications or electronic networks, lasting interruptions of energy supplies, failure of the User’s computer systems, software or networks.
10. Applicable law – Attribution of jurisdiction
These General Conditions of Use are regulated solely by French law, and interpreted and applied in accordance with this. In the event of a dispute and unless there are mandatory legal provisions to the contrary, the competent courts in STRASBOURG (France) shall have sole jurisdiction, notwithstanding any multiplicity of defendants or third parties, even in respect of urgent, warranty, interim or ex-party proceedings.