Terms of Use

This document is for advisory purposes only. WABINESS being a company registered in France and submitted to French law; the text referred to in case of dispute is the French version available here:

This translation is not legally binding and for information purposes only.

Terms of use

 

This page contains the terms and conditions (henceforth referred to as the “terms of use”) by which you use WABINESS (to be referred to as the “site” or the “website”)

Please read the pages below carefully. If you do not accept these terms of use, you must not use this site or any of the services that it offers. If you use this site, you accept to be bound by the following Terms of use.

WABINESS will be able to change these terms of use at any time by updating this page. A warning message will be published to this effect on the website. However we encourage you to visit this page periodically to familiarize yourself with its current content.

The expressions “you” and “user(s)” signify all persons “physical” and “moral” accessing this site for whatever motive.

“WABINESS WORLD” refers to the company WABINESS as well as all its subsidiaries, administrators, managers and employees. This site will contain information and data covered as intellectual property and/or copyright and these terms must be respected. Some of the information on this website may be technically incorrect as well as typing errors. These can be modified and updated without warning at any moment. WABINESS may also, without warning bring about improvements, and/or modifications to the offers and services available.

 

The content of the site such as text, graphs, images, logos, icons, software and any other content of the site (henceforth referred to collectively as “content of the site” or “site contents”), are protected by intellectual property rights as referred to in French law or that of other countries. These include but are not exclusive to author’s rights and brand rights. All the content of this site belongs to WABINESS, its affiliates, its suppliers, or its clients. The compilation (that is, the collection, the arrangement and assembly) of the entire website is the exclusive property of WABINESS and is protected by intellectual property laws. Unauthorized use of the contents of this website may lead to infringement of these rights. You must keep all references to intellectual property rights that appear on the original site content and on any copy that you make of the site content. Selling or modifying , publishing, reproducing, distribute, or using the full or partial content of the site is strictly prohibited, be it for public or commercial ends. Using the website or its any of its content for anything other than its intended use is prohibited.

This agreement rules over the use of WABINESS. It is totally distinct from any relationship that may come as a result of using WABINESS.

You will understand that some of the information on the website supplied are supplied “in good faith”. While WABINESS believes that all the information it displays comes from reliable sources, we cannot and do not guarantee the accuracy, validity and exhaustivity of the information that we supply. As a result, we cannot and do not guarantee the fact that this information can be exploited in any way to any given end.

WABINESS does not supply any guarantee, explicit or implicit on the content of the website. Should you click on a link to an external website please understand that it is an external website and that WABINESS has no control over the content of this external website and you navigate to these sites at your own risk.

The presence of a given link on our website does suggest in any way that we support, endorse the content or the use of the website. It is your responsibility to make sure that non of the sites you visit do not contain any viruses, worms, Trojan-horses or other disruptive elements.

WABINESS does not wish that you put any confidential information or any intellectual property on its website. Please note that any information or document sent to WABINESS will be considered publically available.

By submitting to us this information you unconditionally and irrevocably accept that all the information you submit may be used, published, transmitted and distributed. You also agree that WABINESS is free to use any idea, concept, know-how or technique that you post for any purpose.

You also agree that WABINESS cannot be held responsible for prejudices or losses resulting directly or indirectly from a failure, delay or interruption of its website, be they due to WABINESS’s negligence or whether out of WABINESS’s control.

WABINESS CAN IN NOW WAY BE HELD LIABLE BY ANYONE FOR ANY PREJUDICE, BE THEY DIRECT, INDIRECT, SPECIAL, OR CONSECUTIVE TO ANY USE OF THE WEBISTE. NOR CAN THEY BE LIABLE FOR ANY SITE LINKED ON THE WABINESS WEBSITE THAT ENGENDER A LOSSS OF INCOME, AN INTERRUPTION OF ACTIVITY, A LOSS OF DATA OR PROGRAM ON ANY SYSTEM, IT OR OTHERWISE, EVEN WITH FORWARNING OF POSSIBLE PREJUDICES.

This site is the property of WABINESS. Some of the information contained on the site are supplied and others by third parties that, legally, have certain rights concering the information in question. You accept not to use any of this information to any illegal end. Should you decide to download information, you accept not to transmit or redistribute them in any way.

It is forbidden for users to compromise, or attempt to compromise the security of any WABINESS website, including , though not exclusively, (a) the access to data not authorized to a given user, or accessing the system through a user account to which you are not the registered user (b) try to test, scan or evaluate the vulnerability of a system or network, or break security and authentification  measures without prior authorization (c) attempt to interfere with the service supplied to the user, server provider or network, including, but not limited to, by the uploading of a virus to any WABINESS website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” or (d) counterfeiting TCP/IP addresses, or any introductory information of electronic mail, or any disruption on a forum. The violation of a security system will entail criminal and civil liability and prosecution of the user. WABINESS will monitor events that could suggest violation and will contact public law enforcement agencies to prosecute. We will delete user accounts and block access to our site from any user violating these User Conditions. We reserve the right to undertake these actions at any time, at our sole discretion, with or without warning and without responsibility on our part toward the account holder. If you believe that any of your work that is protected by intellectual property rights has been, downloaded, displayed, or copied from the webiste and that it is displayed on our website in such a way that it infringes your rights, please let us know in writing with the relevant legal documents and usage conditions.

 

You are here: Legal matters and terms of use homepage

 

Presentation:

This website is the intellectual property of WABINESS WORLD S.A.S, a business with capitalization of €26 291 registered at the commerce tribunal of DIEPPE in France under the number 518 708 581 00013 with headquarters located at 8 rue du Mont Vitôt, 76260, ETALONDES/FRANCE. EEC VAT number: FR5451870858100013

 

The chief editor of this website is Mr Nicolas DUMINIL, as president of WABINESS NORTH AMERICA.

 

The webhosting company in charge of this site, as well as the storage of the information it contains is OVH SAS, based at 2 rue Kellman, 59100 ROUBAIX/FRANCE. RCS Registration number : B424 761 419.

 

Brands and intellectual property:

The WABINESS and brand an logo are registered by the company YOUFORM SAS.

 

This is covered by intellectual property rights. This includes its general structure, its forms and texts displayed on the site as well as photographs and any other data on the website. The site and the information displayed on it are destined solely for the private use of the internet user and may not be reproduced, communicated to a third party, be it wholly or in part, for commercial or non commercial ends, nor must it be used for the development of derivative products.

 

Any reproduction, representation, modification, publication, transmission whole or partial of this website and its content and generally any use of the website not explicitly authorized by WABINESS constitute as an offense under articles L. 335-2 and those that follow regarding French intellectual property; the internet user can be held liable under articles L. 713-2 and L. 713-3 of the French intellectual property code.

 

DEFINITIONS:

The following terms indifferently refer to:

“Company”: WABINESS

“Site” or “Website”: www.wabiness.fr, www.wabiness.com , www.wabiness.eu , www.wabiness.co.uk,www.wabiness.ru, www.wabiness.co.uk, www.wabiness.org, www.wabiness.in, www.wabiness.ch

www.wabiness.be , www.wabiness.de , www.wabiness.it , www.wabiness.us , www.wabiness.ca, www.wabiness.es , www.wabiness.lu , www.wabiness.nl, www.wabiness.ie, www.wabiness.pt 

 

“Intermediary”: physical or moral persons that, regardless of their nationality, present their qualifications, competencies and experiences and use the pages of this site in view of offering their services to “businesses”.

 

“Businesses”: physical or moral persons registered at an official company registry who present their business on this site in view of working with other “Intermediaries” or “businesses”.

“Member”: Generic term for all “business developers” and businesses registered on the website.

“Internet User” or “web user”: Any physical or moral person that connects to our site

“Partner”: Third party company with which WABINESS has a commercial relationship to provide complementary services  to the internet-user.

 

DECLARATION:

According to the “Informatique et liberté“ law of 1978 (Data protection and freedom law) the automated processing of personal data made on this site has been the subject to a declaration to the French “Commission Nationale Informatique et Liberté (National commission for IT and freedom). THE CNIL declaration number is N° 1387438.

 

The internet user is hereby informed that ht according to article 27 of the aforementioned law, the information that he/she communicates on the website are necessary for the proper functioning of the service on offer. They are collated by WABINESS and will allow bringing together “Intermediaries” and “businesses”. The information supplied by the internet users will, also, with the prior approval of the user, be communicated to partners of WABINESS.

 

Some of the information requested on the forms are of compulsory nature. They are marked by an asterisk. The recording of this information by “members” is necessary for registration. This way only registration that will have been properly recorded will be available on the site. Members are kindly asked to supply accurate and real information, sincere and to modify their details according to their movements and needs.

 

The members are informed that through their “login” and “password” that will be communicated to them, they will have access to all the information we hold on them and can amend them as they wish. WABINESS is not responsible for any factual errors on pages created by members.

 

GENERAL CONDITIONS OF SITE ACCESS AND USE

WABINESS can, whenever they wish, modify the structure and the content of the site, and services offered, without any other warning than changing these present terms of use.

Any consultation or use of this site implies prior unconditional acceptance of these present terms of use by members and awareness of risks outligned in this present document. It is therefore thoroughly recommended that all members read this document with the greatest attention.

 

WABINESS offers via the webiste, a professional networking service enabling businesses to meet intermediaries (a). Businesses to connect to each other,(b)

 

(a) The intermediary, once registered, can freely display his/her anonymous CV in reserved space, he may also define himself through keywords, either already existing or especially created. He freely has access to all businesses registered on the site and may select those he is willing to work with. He/she may, should he/she wish to do so, attach a cover letter to these details allowing for the possibility of adding further relevant application specifically for the contact request. Selected businesses  are then contacted through WABINESS, and they [the businesses] decide on whether or not they will develop the contact into something further with the “Intermediaries”. WABINESS cannot be made liable in the case of refusal, even repeated, of “businesses”. To help “ intermediaries” the ratio of requests accepted/requests submitted for each business is published. If a contact request is accepted by a business, the business’s details are forwarded to the “intermediaries”. The contact has been “made”. WABINESS is in no way involved in dealings between these parties and therefore cannot be held liable in any criminal or civil dispute arising in a relationship WABINESS orchestrated.

 

(b) The “company”, duly registered on the website can post an information sheet with it’s defining characteristics in a space designed to this effect free of charge. The “company” may also define itself through existing or self-defining keywords.

After having subscribed to the website, the company can access the site's services, and can get in touch with an unlimited number of intermediaries and companies.WABINESS is in no way concerned by nature of the relationship that has been created, nor can it be held liable for any civil or penal action that may emanate from it.

 

 

The “contractor” is said to have accepted to be put in relation with the “firm”. To help the Firm, a “trustworthiness index”. This index reflects the level of activity and commitment the “contractor” has shown on the website. It is strongly correlated to the proportion of messages opened and read of any message that the website has sent to him. 

The “firm” can also receive a relationship demand from the a potential “contractor” or another “firm”. The website will notify the firm by e-mail outlining the main characteristics of the requesting party. 

The “firm” reserves the right to refuse any relationship proposal. If the “firm accepts, she enters the payment procedure. As soon as WABINESS has secured the funds, the contact details of the demanding party, be it another “firm” or a “contractor” will be transferred to “the firm”. The relationship is then considered to be created.

From this moment on WABINESS is in no way concerned by nature of the relationship that has been created, nor can it be held liable for any civil or penal action that may emanate from it.

 

“Relationship creation” between “firms” can only be done in the context of a search of a partner or supplier. Using this service as a tool for sales is an abuse of the service and WABINESS will do all in its power to curb such actions. If sales proposals come through to you despite our controls, we advise you to contact WABINESS. In such cases, WABINESS  UK Ltd reserves the right to ban the infringing party from the website without reimbursement of any pre-paid credit.

 

(c)  The “Firm” may decide to expose products for free on the WABINESS website. It must post the technical information of their product as well as its price, and any information that will help sell the product (e.g.: Pictures etc…) Should a potential buyer (firm or contractor) be interested by these products, he will send a relationship request, through the WABINESS website, and the “firm” will be notified by e-mail. Should the firm accept this “relationship”, accepting to pay the price mentioned on the e-mail, they will be redirected to the website’s secure payment page. After payment validation, the details of the person requesting the relationship will be forwarded by e-mail to the buyer. The relationship is considered to be “created”.

From this moment on WABINESS is in no way concerned by nature of the relationship that has been created, nor can it be held liable for any civil or penal action that may emanate from it.

 

(d) In order to reward its “members”, the website will send out weekly e-mails with promotional offers of all kinds. The “members” interested in the offer will let WABINESS who will put them in contact with the advertiser. Declaration of interest is not a firm acceptance of the offer, but is seen as the proof of the creation of a “relationship” between the two parties. From this moment on WABINESS is in no way concerned by nature of the relationship that has been created, nor can it be held liable for any civil or penal action that may emanate from it.

 

Obligations of “members”

The guiding principle of our website, is the creation of relationships,  « members » commit to accepting communications sent by the website. The “members”, from the moment of their sign-up and at any point in the website's life, can opt out of receiving communications from the website. This will automatically render impossible the sign up validation or its cancelation. In case of resignation for this motive there will be no compensation for a current subscription already in effect.

 

Names, surnames, mailing addresses, e-mail addresses, URLs, telephone and fax numbers must only be filled out when specifically asked. There will be continuous moderation of the website. The website reserves the right to inform “members” who do not respect this principle to proper order, and  if not respected, resign their subscription.

WABINESS is a website reserved for professional exchanges, in a spirit of courtesy and loyalty. We ask members to bring to our attention any content that do not respect these two characteristics, any discriminatory or libelous content and any content that could be considered inappropriate, especially for the young.

 

PRICES AND METHODS OF PAYMENT

Any Transaction on the website is payable through secure internet payment, however any company can pay by check. Prices are clearly indicated on the website and exclude any applicable tax and can be modified without prior notice. Taxes such as VAT have to be added to the price displayed.

Payments by check are only taken into account on the date they are cashed in. .

It is the “firm’s” responsibility to print out any transaction receipts communicated to them by the website. 

 

 

RESPONSIBILITY: 

The internet user is hereby informed that the website is accessible 24 hours a day, seven days a week, excepting exceptional circumstances, as well as IT and communication network difficulties. 

 

The Company  puts all means possible to display verified information on the website. It cannot be held liable, however, for any errors or lack of information on the website as well as any resulting damages, direct or indirect.

WABINESS is not accountable for any result in any “relationship-creation” between “members”.

 WABINESS does not intervene in negotiations between “members” after the creation of a relationship, and can in no way be held responsible for any differences that may arise in the course of the relationship. “Members” recognize that they bare the entire responsibility of the choice of other “members” they wish to contact. WABINESS will not be held liable for any civil or penal action that may emanate from any relationship it has orchestrated. 

 

Finally, WABINESS puts all means possible to give the internet surfer a secure website, especially a of virus-free environment. It is, however the internet user’s responsibility to protect his equipment and network with appropriate tools. WABINESS cannot be held responsible for any of any virus or intrusion in the user’s computer system, nor of any damage, be it direct or indirect, that may result. WABINESS is not responsible for the content of externally linked websites.It is the user’s responsibility to check the veracity of information made available through external websites that may be linked to the WABINESS website as well as the usage terms and conditions of these sites.  

 

The Internet user is hereby informed that the WABINESS reserves the right to place cookies and use Tagging tools to measure the efficiency of the service provided. All the information collected via cookies or tagging actions are completely anonymous. The User can nonetheless that he/she can refuse tagging actions or remove cookies should he/she wish to do so. This can be done through Internet browser settings. In this case, the user may not benefit from the all the functions available on the website. 

 

 

LAW   

These present conditions are upheld under French law. In case of dispute, the appropriate competencies are attributed to the District Court of Paris – France,  notwithstanding a plurality of respondents or a guaranteed appeal, even for urgent proceedings or protective urgent or on-demand proceedings.