General Conditions of Use (GCU))
Article 1 PREAMBLE
Bridor is a website/application proposed by Bridor for its professional customers (the "Site" or the "Application"). The Site offers various functionalities, among which, a product catalog, the planning of the baking of breads and pastries, the access for the customers to their transactional documents, qualities, product sheets, to the customizable catalog, to the online after-sales service and to the follow-up of orders.
Article 2 OBJECT
Article 3 ACCESS
Any Internet user may consult the Site or access the Application. Only registered professional customers (hereinafter referred to as "Users" or "You") in accordance with the conditions set forth below may use the Services.
Article 4 ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
Article 5 REGISTRATION
The use of the Services requires that the User registers, by filling in the form provided for this purpose, and then validates his request to create an account by clicking on the link that will be sent to the email address that the User will have provided. Registration is free. The User must provide all the information stipulated as mandatory. Any incomplete registration will not be validated. The User may also, if he/she wishes, provide optional information that may appear on this form. All the provisions relating to the processing of personal data are defined in an annexed document and are the subject of information and/or acceptance notices displayed on the Site or the Application at the time of collection in particular. On an ad hoc basis, Bridor may, at the request of Users, and in the name and on behalf of the latter, create their User account. It is hereby specified that this online mandate is concluded free of charge, Bridor not receiving any remuneration in application of this mandate. The services provided by Bridor are limited to the entry of information relating to the accounts, provided in writing by the User. All this information is available on the User's customer area, and the User waives, in view of the above, any recourse against Bridor as a result of the creation of this account in his name and on his behalf. The validation of the registration automatically entails the opening of an account in the name of the User (hereinafter: the "Account"), giving him/her access to a customer area (hereinafter: the "Customer Area") which allows him/her to manage his/her use of the Services in a form and according to the technical means that Bridor deems most appropriate to render said Services. The User guarantees that all the information he/she gives in the registration form is accurate, up-to-date and sincere and not misleading. He/she undertakes to update this information in the event of changes, so that it always corresponds to the above-mentioned criteria. The User is informed and accepts that the information entered for the purposes of creating or updating his Account is proof of his identity. The information entered by the User is binding upon validation. Notifications will be sent to the email address indicated in the User's profile. The User must therefore ensure the validity of his email address. The User can access his Customer Space at any time after having identified himself with his login and password. The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he bears full responsibility. The User is responsible for maintaining the confidentiality of his/her login and password. He must immediately contact Bridor if he notices that his Account has been used without his knowledge. He acknowledges Bridor's right to take all appropriate measures in such a case.
Article 6 DESCRIPTION OF SERVICES
The User has access to the following Services, in a form and according to the functionalities and technical means that Bridor considers the most appropriate. The online customer area allows Users to access all their transactional documents, qualities, product sheets, a customizable catalog, an online after-sales service and a follow-up of Bridor products orders.
6.1 Access to transactional documents & order tracking
The User has access to the history of orders placed, product data sheets, purchase orders, delivery notes, invoices, certifications and in general to the documents put online by Bridor for its customers on the Site. The Service allows access to these documents for a period of one (1) year from the date of the User's connection.
6.2 Customizable catalog
The User can compose and consult a customizable catalog.
6.3 Online after-sales service / Messaging
The Users have the possibility of asking questions in writing about the products acquired, the documents available, etc... Each User has access to a notification function allowing him to receive messages. Bridor will use this notification function in particular to inform Users of any changes or updates to the Services.
6.4 Other Services
Bridor reserves the right to offer any other Service that it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate to render said Services.
Article 7 FREE SERVICES
The Services are provided free of charge to the Users.
Article 8 INTELLECTUAL PROPERTY
The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by Bridor on the Site or the Application are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Bridor is strictly prohibited and may be subject to legal proceedings.
Article 9 USER'S OBLIGATIONS
Without prejudice to the other obligations provided for herein, the User undertakes to respect the following obligations. The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order. Bridor may not be held liable in this respect and the User who contravenes this obligation undertakes to guarantee it. The User acknowledges that he/she has taken cognizance of the characteristics and constraints, particularly technical, of the Services. The User is solely responsible for his use of the Services. It is up to him to Use the Services with the appropriate caution and discernment. The User also undertakes to respect the usual rules of politeness and courtesy in his exchanges. The User agrees to make strictly personal use of the Services. The User agrees to provide all the information necessary for the proper execution of the Services. More generally, the User undertakes to cooperate actively with Bridor. The User undertakes not to undermine public order, good morals or the rights of third parties, not to infringe any legislative or regulatory provision and more generally, not to do anything that could bring into play the civil or criminal liability of Bridor. The User is informed and accepts that : the implementation of the Services requires that he/she be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible; the use of certain functionalities of the Site or the Application requires that he/she has a personal account on certain social networks, for which he/she is solely responsible. The User indemnifies Bridor against all complaints, claims, actions and/or demands whatsoever that they may suffer as a result of the User's breach of any of their obligations or guarantees under these terms and conditions. The User undertakes to compensate Bridor for any prejudice that they may suffer and to pay them all the costs, charges and/or sentences that they may have to bear as a result.
Article 10 CONFIDENTIALITY
The information communicated to the User as a result of his use of the Services, and in particular the information relating to the preparation of Bridor products, is part of Bridor's know-how and is considered confidential. The User undertakes, for himself and his service providers, to take all necessary measures to ensure the secrecy, confidentiality and security of the information he may have become aware of during the use of the Services and not to disclose it to anyone else, either during the use of the Services or for the next five (5) years. The User undertakes, at the end of his use of the Services, to destroy all copies of the information media in his possession. The User is responsible for the respect of these commitments by his employees, service providers or subcontractors.
Article 11 NON-SOLICITATION
The User waives the right to recruit any Bridor employee directly involved in the execution of the Services, without the express and prior agreement of Bridor. This waiver is valid for the duration of the use of the Services and for a period of two (2) years after the end of it, for any reason whatsoever. In the event that the User does not comply with this obligation, it undertakes to compensate Bridor (in particular for selection and recruitment expenses, training costs, damages resulting from commitments already made) by immediately paying it a lump sum, excluding VAT, equal to twice the new gross annual remuneration of the person in question.
Article 12 PROHIBITED BEHAVIORS
It is strictly forbidden to use the Services for the following purposes carrying out illegal, fraudulent activities or activities that infringe the rights or safety of third parties, undermining public order or violating laws and regulations in force, intrusion into Bridor's or a third party's computer system or any activity of a nature to harm, control, interfere with, or intercept all or part of Bridor's or a third party's computer system, and/or violate the integrity or security thereof sending unsolicited emails and/or commercial prospecting or solicitation, manipulations intended to improve the referencing of a third party site, crawling, or sucking, of the contents of the Site or the Application by robots or any other means, in order to copy the data stored on the servers of Bridor or its service providers aiding or abetting, in any form or manner whatsoever, one or more of the acts and activities described above and more generally any practice that diverts the Services for purposes other than those for which they were designed. Users are strictly prohibited from copying and/or misappropriating for their own purposes or those of third parties the concept, technologies, data, or any other element of the Site or the Mobile Application. The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into Bridor's systems, (iii) any misappropriation of the system resources of the Site or the Application, (iv) any actions likely to impose a disproportionate load on the latter's infrastructures, (v) any infringement of security and authentication measures, (vi) any act likely to prejudice the financial, commercial or moral rights and interests of Bridor or the users of the Site or the Application, and more generally (vii) any breach of these general conditions. It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the Site or the Application, as well as the information hosted and/or shared therein.
Article 13 BREACHES
In the event of a breach of any of the provisions of these general terms and conditions or, more generally, a breach of the laws and regulations in force by a User, Bridor reserves the right to take any appropriate measure and in particular to : suspend, delete or prevent access to the Services by the User who has committed or participated in the breach or infringement to warn any authority concerned, initiate any legal action deemed useful.
Article 14 LIMITATIONS OF LIABILITY AND WARRANTIES
Bridor's liability is limited to the provision of these means, as described herein, and to putting Users in contact with each other, it being specified that Bridor is under an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept. Bridor undertakes to carry out regular checks to verify the operation and accessibility of the Site or the Application. In this respect, Bridor reserves the right to temporarily interrupt access to the Site or the Application for maintenance purposes. Bridor cannot be held responsible for any difficulties or temporary impossibility of access to the Site or the Application due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks. Bridor does not guarantee (i) that the Services, which are subject to constant research in order to improve their performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way offered solely for the benefit of a given User according to his own personal constraints, will specifically meet his needs and expectations. Under no circumstances shall Bridor be held responsible for the inaccuracy of the information provided relating to the products offered or the preparation of the products ordered, for the inaccuracy of the information provided under the online after-sales service, for the impossibility of using the Services, for the loss of operations or margin, for the loss of data, or for any indirect damage related to the access to the Site or the Application or to the use of the Services. In all cases, it will be up to the Customer to prove that Bridor's fault is the direct cause of its damage. In any case, the total amount of damages to which Bridor could be condemned for access to the Site or the Application or for the use of the Services, all causes and all prejudices combined, per year of use of the Services, is expressly and globally limited to the lesser of the following amounts the total amount, excluding taxes, of the sums received by Bridor during the three (3) months preceding the event giving rise to the liability giving rise to the compensation ; 1000 Euros. It is expressly agreed between the Parties that they can only engage their respective liability during a period of one (1) year from the knowledge of the damage. Failing this, all rights are extinguished and all actions are time-barred.
Article 15 LINKS AND THIRD PARTY SITES
Article 16 MODIFICATION OF THE GENERAL CONDITIONS
Bridor reserves the right to modify the present general conditions, subject to informing the User by any useful means. Without prejudice to the rights granted to him by the regulations applicable to personal data, the User who does not accept the modified general conditions must unsubscribe.
Article 17 DURATION OF SERVICES - UNREGISTRATION