GENERAL TERMS AND CONDITIONS

APPLICATION SCOPE

These general terms applies, without limitation or qualification, to all EXTRA-FLASH products and services. The use of the EXTRA-FLASH system implies full acceptance of our general terms and conditions. The user creates its online services under his own name and under his sole responsibility.

CONTINUITY OF SERVICE

In no way, EXTRA-FLASH and its suppliers shall be liable for any damages of any nature arising from use of or inability to use the service, even if EXTRA-FLASH has been notified of the possibility of such damages. In particular, EXTRA-FLASH can not be held liable for damages as consequences of failures, interruptions, etc.. which are not under EXTRA-FLASH responsabilities. These include: lightning, floods, fires, wars, riots, acts of terrorism, strikes, overload of the internal network, the failures of other networks, system failures, or any other act of God, according to the EU law. Since the Internet and its associated technologies are subject to constant evolution, EXTRA-FLASH reserves the right to change specifications of its service, tools, interfaces, designs or contents without notice and compensation. EXTRA-FLASH reserves the right to limit / reduce / ban the access to its services, if required for operational or security reasons, without notice or compensation.

INTELLECTUAL PROPERTY

User holds the full intellectual property of materials (texts, pictures, logos, trademarks, etc..) uploaded on EXTRA-FLASH servers. EXTRA-FLASH holds the full intellectual property of source codes, programs and other technologies used to create and manage EXTRA-FLASH services and websites. In no way, services usage implies ownership of the related website. It is thus forbidden to copy the website to another hosting service, to access or try to access website's internal system, or to attempt to modify all or part of its technical characteristics.

PRIVACY

For security and continuity of service reasons, EXTRA-FLASH reserves the right to keep and analyze any transaction performed on its websites and servers. Thus, the entire content of websites, as well as various e-mails passing through its system can be read by EXTRA-FLASH staff, e.g. to verify compliance with this terms. Under current legislation, all transactions on its servers will be archived for at least a one year period (log files).

ELECTRONIC MAILS

Several solutions of electronic messaging can be linked to EXTRA-FLASH websites such as newsletter / contact form / etc.. No unsolicited electronic mail (SPAM) shall be sent through these functions. User will also have to ensure that emails sent: a/ do not transgress any applicable law, b/ are limited to promote user's website and activity. In the event of transgression of this rule, EXTRA-FLASH reserves the right to perform a temporary or permanent ban of these functions, and to inform the relevant authority.

BACK OFFICE

Using the system's back office, user has the possibility to modify by himself the whole content of his pages. User must ensure to keep his password secret. Indeed, any back office use is considered to have been done by the user himself, and therefore, under his responsability. IT IS FORBIDDEN IN PARTICULAR: to use materials under copyright without the express permission of its owner / to display (or insert links to) illegal / pornographic / violent / offensive / racist / insulting / controversy content. It's entirely EXTRA-FLASH's decision to determine whether contents belongs to one of the above categories. Furthermore EXTRA-FLASH reserves the right to delete any such content, and / or website related without notice and compensation. It's also strictly forbidden to include technical content designed to modify system or website's operating (e.g. scripts, bug using, etc..).

USAGE TERMS

EXTRA-FLASH websites are designed to operate under normal conditions of use. Traffic is basically unlimited. However, traffic must be normal in nature and not disrupt that of other users. EXTRA-FLASH reserves the absolute right to decide wheher or not traffic is excessive, and whether or not usage is under normal conditions of use. EXTRA-FLASH can not be responsible for any malfunctions related to user's hardware or configuration. In particular, users will have to own the needed software equipment, such as a compatible webbrowser and operating system.

E-COMMERCE

To enable E-Commerce functions, user must assume to respect all of the administrative authorizations and declarations needed. User undertakes to comply with all laws, regulations and administrative provisions. The user is the sole responsible manager of its website, therefore EXTRA-FLASH can not be held responsible for problem relevant to sales from his online store. In particular, the user must ensure to perform all the necessary checks for all merchant orders.

EXTERNAL SERVICES

EXTRA-FLASH pages can have built-in direct access to external services. This includes, without being exhaustive: GoogleMaps, search engines indexation, Paypal online payment, email relay, etc.. In no way EXTRA-FLASH can be held responsible for failure, downtime, technical limitations, qualitative defect or any other situation resulting of restriction of the use of those external systems.

SUPPORT

A free technical support is available through email, exclusively limited to dealer's use, for any EXTRA-FLASH website's technical problem. Staff members will intervene for any problem related to system malfunction, but can not be held responsible for user-side problem (e.g. problems related to hardware, Internet connection, wrong usage, etc..). Staff members will have no obligation to respond to a dealer who had not declined the necessary information to permit its identification, or to respond to subject already covered in system's documentation.