Effective August 1, 2023
1.1. These general conditions of use (including any appendices) (hereinafter the "GCU") are established between PRAXINOS, a limited liability cooperative company with variable capital (minimum €7,000), located at 7 Avenue de Blida in METZ (57000) France, registered in the METZ Trade and Companies Register under number 843 876 764, (hereinafter "PRAXINOS") and any user (hereinafter the "User") accessing the praxinos.coop website (hereinafter the "Site") free of charge.
1.2. The Site is intended to provide information on the products and services offered by PRAXINOS. The Site is also intended to (a) purchase services and products sold by PRAXINOS; (b) store the User's personal data; (c) store data relating to the User's purchases; and (d) facilitate contact between the User and PRAXINOS (hereinafter the "Services").
1.3. The purpose of these General Conditions of Use (hereinafter "GCU") is to define the terms and conditions under which PRAXINOS allows Users to access the Site, from any computer terminal and from any country, as well as to allocate the mutual rights and obligations of the parties in this context.
1.4. The version of the GCU currently on line is the only version that can be invoked during the entire period of use of the Site, and until a new version replaces it.
1.5. By accessing the Site, the User declares and guarantees :
1.6. In the event that any provision of these GCU is declared null and void or inapplicable by a law, regulation or decision of a competent court, only that provision will be set aside, while the other provisions will retain their validity and force, unless it is imagined that these GCU are distorted or that this leads to a significant imbalance in the obligations of the Parties.
1.7. PRAXINOS reserves the right, at any time and unilaterally, to add to or modify these GCU as it deems necessary. The User will be informed of any updates to the GCUs via the Site and/or by sending an e-mail to the address communicated by the User in his/her Account, one (1) week before they come into force. It is the User's responsibility to ensure that this e-mail address is valid when registering.
1.8. It is the User's responsibility to read the GCUs carefully whenever they are updated, and to take full cognizance of any changes resulting therefrom. The User's continued use of the Site's Services after the entry into force of the new GCU shall constitute unreserved acceptance of the changes made to the GCU.
1.9. In the event of disagreement with the modifications to the GCU, the User has the right to terminate access to the Site and the Services and to definitively close his/her Account, where applicable, in accordance with article 5.1.
2.1. The Site and the Services are accessible to all Users over the age of 13.
2.2. Users aged over 13 who have not reached the age of majority in their country of residence (hereinafter referred to as the "Minor User") undertake to obtain prior authorisation from the holder(s) of parental authority to use the Site and the Services. The minor User declares that the holder(s) of parental authority has (have) agreed to be guarantor(s) of his/her compliance with all the stipulations of these GCU. The holder(s) of parental authority are invited to monitor their child's use of access to the Site and Services. In their capacity as legal representative, it is the responsibility of the parents or the holder(s) of parental authority to determine which service is or is not appropriate for their child and to monitor the use made of it by their child.
2.3 In the event of failure to comply with the GCU, the holder(s) of parental authority shall be held responsible for the activities of their minor children.
2.4. Without prejudice to the foregoing provisions, under the terms of French legislation applicable to the processing of personal data of minors (art. 45 of Law no. 78-17 of 6 January 1978 relating to information technology, files and civil liberties), it is specified that Users over the age of 15 are authorised to consent alone to the processing of their personal data.
3.1. Site Access and Purpose: PRAXINOS assumes no responsibility for any difficulties in accessing the Site due to foreign laws, connectivity issues, or any restrictions beyond its control. The User agrees not to use the Site or Services for political, advertising, or commercial solicitation purposes. Accessing and using the Site is free; any additional costs incurred by the User cannot be attributed to or borne by PRAXINOS.
3.2. Site Availability: PRAXINOS ensures the availability of the Site 24/7 and optimal technical navigation, but it is subject to a best-effort obligation. The Site is accessible on devices with internet access and a web browser.
3.3. Free Account Creation: Accessing the Site is free and does not require an account. However, to use the offered Services, the User needs an Account. To create an Account, the User must complete each field of the registration form, providing the following information: first name, last name, country, phone number, profile (and, depending on the profile, additional information such as school or employer name and department), email, password.
3.4. Single Account Association: The User can associate only one Account with an email address. In case of loss, theft, or accidental disclosure of login credentials, the User must follow the "forgot password" procedure.
3.5. Providing Accurate Information: The User must provide accurate information in compliance with regulations and laws regarding personal data protection, intellectual property rights, and privacy rights. Login credentials allow the User to identify and access their Account. These credentials are personal and confidential. The User can change them at any time through the Account.
3.6. User Responsibility: The User is fully responsible for the use of their login credentials by themselves or third parties, authorized or unauthorized. Unless proven otherwise, any connection made using the User's login credentials will be considered the User's own action.
3.7. Session Management: Opening a new session using already active login credentials may automatically close the previously open session.
3.8. Account Allocation Review: If irregularities or non-compliance with these GCU are detected during PRAXINOS' operations, the Account allocation cannot proceed. Reasons will be communicated to the User via email. In such cases, these GCU will be terminated without either party being entitled to claim damages from the other party. If the verification process shows no irregularities, the Account allocation will be effective upon sending a confirmation email to the User.
3.9. Site Maintenance: PRAXINOS reserves the right to temporarily suspend, interrupt, or limit access to all or part of the Site for updates or maintenance operations.
4.1. Permanent Closure of Account by User: Subject to contrary arrangements between the User and PRAXINOS, the User can decide to permanently close their Account at any time and without prior notice by accessing the "Account Security" section, under the "Account Deletion" tab, or by making a simple request to the following email address: firstname.lastname@example.org. Consequently, the User's Account will be permanently deleted. If the User wishes to resume using Services requiring an Account after the permanent closure of their Account, they must register under the same conditions as for initial registration.
4.2. Suspension / Termination by PRAXINOS in Case of User's Breach of these GCU : In the event of a breach by a registered User of these GCU, access to Services and their Account may be suspended on a precautionary basis and then terminated automatically by PRAXINOS. The User whose access or Account is suspended will be notified of this decision by PRAXINOS through an email notification. The User is encouraged to contact PRAXINOS' support service via email to obtain further information on the reasons for the suspension, present any possible observations, and/or provide evidence that the breach has been rectified. If, within 30 days from the suspension notification, the User has not contacted PRAXINOS' support service or if the information provided by the User has not remedied the breach, PRAXINOS may notify the User of the termination of their Account and/or the termination of these GCU via email, and inform the User of the duration during which they cannot create an Account and/or access the Services. In the absence of specific information, this duration is set at 12 months from the date of the termination notification.
4.3. Consequences of Closure / Termination: Subject to contrary arrangements between the User and PRAXINOS, in the event of Account closure or termination of these GCU, the User acknowledges (a) that they will no longer be able to access the data within the Account, and (b) that they will no longer have access to all or part of the functionalities of the Site and its Services. The User's login credentials will be permanently deleted. PRAXINOS shall not be held responsible under any circumstances for the loss of User data following the permanent closure or termination of their Account.
5.1. Ownership of Intellectual Property: All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as any computer applications that could be used to operate the Site and, more generally, all Services and elements reproduced or used on the Site are protected by the laws and international conventions on intellectual property rights. They are the full and exclusive property of PRAXINOS and/or its partners. Any reproduction, representation, use, or adaptation, in any form, of all or part of these elements, including computer applications, without the prior written consent of PRAXINOS, is strictly prohibited. PRAXINOS' failure to initiate proceedings upon becoming aware of unauthorized use does not imply acceptance of such use or waiver of legal action.
5.2. User Restrictions: Users are prohibited from, among other things:
Reproducing, modifying, adapting, distributing, publicly displaying, or broadcasting the Site and/or its Services, except as expressly authorized by PRAXINOS. Decompiling or reverse engineering the Site and/or its Services, subject to exceptions provided by applicable laws. Extracting or attempting to extract a substantial portion of the Site's and/or Services' data, including through the use of data scraping tools or similar methods.
5.3. Respect for Copyright: In particular, the photos and graphic illustrations on the Site are published in strict compliance with their associated copyrights, whether they were created by PRAXINOS itself or its partners, are in the public domain, or come from legal sources, whether free or paid, ensuring their unrestricted use.
Image / Video / Sound Credits: Antoine Antin Clément Berthaud Fabrice Debarge Cléa Gonay Elodie Moog Gary Gabriel
5.4. User's Access and Usage Rights: Notwithstanding the foregoing, PRAXINOS grants the User a non-exclusive, personal, non-transferable, worldwide right of access and use of the Site's functionalities and Services, exclusively for the purpose of fulfilling these GCU throughout the contractual relationship between PRAXINOS and the User under these GCU.
6.1. The commercial use, by any unauthorised third party, of name(s) and distinctive sign(s) such as the trademark, the domain name of the Site and the commercial sign of PRAXINOS, as well as any action whose purpose or effect is to harm PRAXINOS by creating any form of confusion in the mind of the public, is liable to result in legal action for unfair competition and/or economic parasitism according to the procedures in force.
7.1. PRAXINOS undertakes to provide and maintain the Site in optimum IT security conditions, under normal conditions of use. As a result, PRAXINOS cannot be held responsible for any form of computer attack suffered by the User that is not directly related to browsing the Site.
7.2. Fraudulent access and/or maintenance of the Site, likely to hinder its operation in any way whatsoever, as well as the introduction and/or modification of data contained therein, are strictly prohibited and may result in prosecution.
8.1. Hypertext links to the Site may be set up from any site and from any terminal, provided that the links are not systematic or abusive, that the link has been checked beforehand to ensure that it does not entail any IT risk and that it does not infringe any intellectual property rights.
8.2. The User undertakes to remove the said link at the written request of PRAXINOS (by e-mail), which accepts no responsibility for any damage resulting from any technical problem, security breach and/or infringement of rights arising from the use of the said hypertext link.
8.3. Despite all the precautions taken by PRAXINOS, the User declares that he/she is aware that any information accessible on the Internet via a link from the Site and/or Services is not under the control of PRAXINOS, which declines all responsibility for their content.
9.1. Responsibility of PRAXINOS: The Site is accessible 24 hours a day, 7 days a week, except in the event of force majeure within the meaning of article 1218 of the French Civil Code as interpreted by the French courts or the occurrence of an event beyond the control of PRAXINOS and subject to any breakdowns and maintenance work necessary for the proper operation of the Site and causing interruptions to access.
9.2 In addition, PRAXINOS undertakes to provide the infrastructure and technical resources required to provide a quality service to Users.
9.3. PRAXINOS shall not be held responsible for any malfunction of the User's device or compatibility problem between the Site and the device that does not comply with the technical requirements. PRAXINOS is not responsible for breakdowns, interruptions or malfunctioning of the User's Internet service provider, nor for any cause outside of PRAXINOS's control that could interrupt or degrade access to the Services and the Site.
9.4. The User declares that he/she accepts the characteristics and limits of the Internet, and in particular recognises:
9.5. PRAXINOS also draws the User's attention to any exceptional risk of receiving unwanted messages or messages purporting to be from PRAXINOS. The User must be attentive and vigilant in order not to fall victim to fraud and inform the PRAXINOS support service if necessary.
9.6. Responsibility of the User: Throughout the use of the Site and Services, the User undertakes to:
9.7. The User is solely responsible for his actions and any other content that he publishes, where applicable, via the Site and/or via the Services.
9.8. If PRAXINOS is held liable for the User's failure to comply with his obligations, whatever their nature, the User guarantees PRAXINOS against any judgement pronounced against it, originating from the User's breach of the applicable regulations or of these GCU.
10.1. It is expressly agreed that any tolerance or waiver by either Party in the application of any or all of the commitments provided for in these CGU, regardless of their frequency and duration, shall not constitute a modification of these CGU, nor generate any rights.
11.1. For any notification (questions, complaints, technical support), the parties will exchange electronically through the following means:
11.2. The User undertakes to provide a valid email address and to check it regularly.
12.1. Except for mandatory provisions more favorable to the User, communications made by means of electronic mail are validly recognized as a means of proof by both the User and PRAXINOS.
12.2. Except for mandatory provisions more favorable to the User, all information recorded in PRAXINOS' computer databases have, until proven otherwise, the same evidentiary value as a signed document on paper, both regarding their content and regarding the date and time when they were made and/or received. These unalterable, secure, and reliable traces are recorded and preserved in PRAXINOS' computer systems.
12.3. Documents from PRAXINOS reproducing this information, as well as copies or reproductions of documents produced by PRAXINOS, have the same evidentiary value as the original, until proven otherwise.
13.1. The Parties submit this contract to French law, which is drawn up in French. If a version of this contract is drawn up in another language, the French version shall prevail in the event of a conflict of interpretation.
14.1. These GCU are subject to French law, to the exclusion of any other legislation to the extent permitted by the rules of conflict of laws.
14.2. In order to find a joint solution to any dispute arising from the conclusion, interpretation, performance and/or termination of these GCU, the parties will first attempt to resolve it amicably.
14.3. IN THE ABSENCE OF AN AMICABLE RESOLUTION BETWEEN THE PARTIES, DISPUTES WILL BE SUBMITTED TO THE COMPETENT FRENCH COURTS UNDER THE CONDITIONS OF COMMON LAW, UNLESS MANDATORY PROVISIONS ARE MORE FAVOURABLE TO THE USER.
14.4. These GCU describe certain rights. The User may have other rights conferred by mandatory laws applicable in his/her country of residence or establishment. These GCU do not modify these rights, if the mandatory laws do not allow it. Any limitations and exclusions of warranties and remedies provided for in these GTCU may not apply to the User by virtue of the mandatory laws applicable in his/her country of residence or establishment.