Legal Notice

The present site accessible at the address https://ouicare.com/ (hereinafter referred to as the ”Site”) is the property of the company O₂ Développement, a limited liability company with a capital of 883,600 euros, registered at the Registry of Trade and Companies of Le Mans under the number 452 022 858 and with the head office located at 15 rue Edgar Brandt – 72000 Le Mans.

The director of this Internet site publication is Mr. Guillaume RICHARD, acting as the Managing Director of the company O₂ Développement.
This site is hosted by a Microsoft Cloud offering (Azure). It is geographically located in the Northern European Microsoft hosting infrastructure in Ireland.

We ask you to please carefully read all the present User Notice before consulting the Site.
The objective of the present User Notice is to define the access and usage terms and conditions of this Site proposed to internet users by O₂ Développement.

Consulting the Site is subject to the entire acceptance and respect of the following User Notice which O₂ Développement has the right to modify or update at any moment. Should you not agree with all or part of the User Notice below, we highly recommend you not use the Site.
 

Site Access

Site access is possible 24 hours a day and 7 days a week, except in the event of an Act of God or an unforeseeable event for O₂ Développement and subject to potential breakdowns and necessary maintenance work for the smooth running of the Site and any associated material.

Service access is done using a personal computer connected to a telecommunications network allowed Site access according to the communication protocols used on the Internet network.

 

Intellectual Property Rights

Ownership of Rights

All the elements (texts, logos, images, sound elements, software, page layout, database …) contained in the Site and in the associated sites are protected by the national and international intellectual property rights. These elements remain the exclusive property of O₂ Développement and/or its partners.

As such, except for prior written consent by the company O₂ Développement and/or its partners, you may not undertake any copying, representation, adaptation, translation and/or transformation, whether partial or whole, or a transfer to another website of any of these Site-specific elements.

Failure to respect the above will be deemed an infringement, making you civilly and criminally liable. In accordance with the provisions of the Code of Intellectual Property, Site-specific components can only be used for strictly personal use.

 

Brands

The brands and logos appearing on this site are patented by the companies which are the owners.

Any copying, revising or redistribution of the names or logos, regardless the means, without prior written consent by their specific owner is forbidden by law.

Site hyperlinks

With the exception of sites containing information and/or content of illegal nature and/or political, religious, pornographic or xenophobic nature, you can create a hyperlink towards the Site on your own site, subject to two reservations: that it is indeed a link to the Home Page of a site and this link opens the Site in a new browser window with the following address being visible https://ouicare.com/ and subject to the approval by the publication manager.

The implementation of a hyperlink in no manner authorised the copying of Site elements or the presentation on third party sites of the Site elements using a Frame representation or related system.

Finally, the implementation of a hyperlink in no way authorises the sending of pre-written messages to an email linked to the Site or the implementation of a system allowing mass-message mailings regardless the nature. Pursuant to the present authorisation, O₂ Développement nonetheless reserves the right to oppose.

 

Liability

Hyperlinks from the site

Hyperlinks contained on the site can send you to other websites or other Internet sources.

Given that O₂ Développement is not able to control these external sites and sources, you acknowledge that O₂ Développement may not be held liable for the release of these external sites and sources, and can bear no liability regarding the contents, advertisements, products, services or any other material provided on or from these external sites or sources.

Moreover, you acknowledge that O₂ Développement cannot be held liable for any confirmed or alleged prejudice or loss as a result of or relating to using or having trusted the contents, the goods or the services available on these external sites or sources.

Finally, within the authorised legal limit, O₂ Développement cannot be held liable in the event the content of the other aforementioned sites should infringe upon the legal and regulatory provisions in force.

Disclaimer

The present Site documents are provided “as is” and without any explicit or tacit guarantee: the Site may contain technical or spelling mistakes or other inaccuracies, which you acknowledge and accept when using the Site.

O₂ Développement cannot be held liable of the errors or omissions present on the Site or in any other referenced document. The information contained in the Site is non-contractual and subject to modification without notice.

The information presented on the Site is regularly updated. O₂ Développement neither guarantees that the functions contained in these documents will work, without interruption and without errors, nor that the Site or the server which releases them is exempt from viruses or other dangerous components.

Under no circumstance, O₂ Développement can be held liable of the incidental prejudices, direct or indirect resulting from using the Site elements. O₂ Développement will strive to ensure that the Site content does not violate public morality or convention. However, should some ideas or images be offensive to certain highly-sensitive people, O₂ Développement cannot be held liable.

The liability of O₂ Développement will not directly or indirectly accept any responsibility on any grounds whatsoever:
– in the event of damage resulting from transactions and/or data exchanges and/or goods and services undertaken between the users of the site, as the Site does not check any of the content of classified ads exchanged between the site users,
– in the event of site service interruption due to maintenance work or site user-specific conduct,
– in the event of inaccessibility and/in the event of incapacity of using the site by all site users,
– in the event of any sort of equipment damage or data loss while connecting to the Site. O₂ Développement cannot be held liable for contamination Internet user IT material resulting from the spread of viruses or other IT infections.

As a Site user, it’s your responsibility to take all the appropriate measures to protect your own data and/or software from potential contamination by viruses circulating on the Internet network.

In no manner, O₂ Développement, its employees, its suppliers or any third parties mentioned on the Site can be held liable, on grounds of a contractual liability claim, tort liability or from any other action, of any incidental or related direct or indirect damage, regardless the nature or any prejudice, notably financial or commercial, resulting from using the Site or from any form of information obtained on the Site.

By using the Site services, you acknowledge:
-that O₂ Développement cannot be held any liable in any manner regarding relationships likely to blossom between the Internet users and third parties, partners or not of O₂ Développement, due to or when using the Services, and/or which concern the services provided by these third parties and the consequences which could result from their usage.
– be aware that any violation of the legislative provisions in force and/or any infringement to the legitimate interests of third parties, or to their intellectual property rights, while consulting a website via the hyperlinks available on the Site, is likely to lead to legal prosecutions and sanctions against them.
– that, due to the nature of the Internet network, the data circulating on this network is not protected against any form of intrusion including hacking. You acknowledge presently being informed that O₂ Développement can in no manner guarantee confidentiality, security or integrity of any of the information transmitted on the Internet. Consequently, it’s your responsibility to undertake any means necessary to preserve the confidentiality of the information transmitted on the Internet network.

Diverse Provisions

O₂ Développement reserves the right to modify and/or delete all or part of its Services without any prior notice.

The nullity of all or part of any of the provisions in the present user notice under the terms of a statutory or regulatory provision or upon a court decision which has become final does not result in the nullity of the other provisions or the unrevoked part of nullity.
O₂ Développement reserves the right to transfer, to any third party and in any way, the rights and obligations it has from the present User Notice, which you acknowledge accepting.

You acknowledge being informed of the existence of the rules and usages in force on the Internet, known under the name of “Netiquette” as well as the various codes of ethics accessible on the Internet.

O₂ Développement reserves the possibility, for the Services which require a user name provided by O₂ Développement (login and password) to delete and or/suspend the aforementioned access in the event of:
– failure for any Internet users to respect both the letter and the spirit of the Netiquette as well as the present User Notice,
– of a complaint or claim lodged against the Internet User. The Internet user undertakes, when using the Services, to not infringe upon the legislation, the regulation, usages in forces and legitimate interests of the third parties and Développement.
For this, you are forbidden to, notably:
– proceeding with any sending, posting or release from the Site of messages, texts or images of paedophile nature, which incite racial hatred, which negate crimes against humanity, including slander, or inviting young people to kill or commit suicide along with any act of IT hacking or fraudulent gathering of personal data,
– infringing upon the legislation relating to intellectual property, right of publicity,
– using, within the framework of ranking services proposed on the Site, any automatic means allowing for an overwhelming number of votes resulting in an artificial overload of the server,
– disrupting or trying to disrupt the operating and/or accessibility of the Site or any other service and/or content available on the Internet, or to use the Site with the aim of sending, regardless the means, unsolicited advertisements or promotional-type information.

In the event that O₂ Développement has good reasons to believe that an Internet user has not respected the aforementioned provisions, O₂ Développement reserves the right, as far as possible, to suspend or delete access to the Site. O₂ Développement cannot be held liable for the exercise or absence of exercise of this right to suspend or delete access to the Services by the Internet user.

Personal Data Protection – Charter relating to privacy

To ensure you have the best experience when visiting our Site, we would like to gather some personal information. This information is used to better get to know you and offer you a personalised usage of our Site.

O₂ Développement respects the privacy of Internet users on the Site and is in accordance with all provisions relating to the protection of your private details.

Pursuant to the Data Protection Act from January 6, 1978, the Site has been declared to the CNIL for the automatic processing of personal data (declaration no. 701567).

Any personal data which Internet users send to O₂ Développement to use the Site services or to participate in games or contests organised by O₂ Développement and/or its partners, are subject to the provisions of the Data Protection Act from January 6, 1978 (Law no. 78-17). As such, you have the right at any time to access, adjust or delete your personal data using the following address:
contact@o2.fr or O₂ Développement, 15 rue Edgar Brandt – BP 25118 – 72005 Le Mans Cedex 01.

Therefore, you can request any information which you find inexact, incomplete, ambiguous or outdated to be changed, completed, clarified, updated or deleted. We will do our best to promptly undertake the changes requested on the information contained in our existing files.
O₂ Développement may be required to impart certain information to its technical service providers for you to benefit from some Site functions. However, the aforementioned service providers are not allowed to use this personal data. In addition, within the framework of its commercial agreements and notably within the framework of the “Good Deals” proposed by the Site, O₂ Développement may be required to use and/or give this information to its partners and this, in compliance with the law, notably with the aim of having your benefit from this information and personalised services.

In so doing, each proposition sent gives you the possibility of unsubscribing from the mailing list. Moreover, you have the possibility of making this request in writing to O₂ Développement at O₂ Développement – 15 rue Edgar Brandt – BP 25118 – 72005 Le Mans Cedex.
O₂ Développement will not impart your information to third parties without having your explicit consent. O₂ Développement undertakes to not communicate any data for minors under 16 years old.

Automatically collected non-personally identifiable information

In some instances, we can collection some personal generic or non-personally identifiable information. This can come from the Web browser you are using, the operating system type you are using and the domain name of the Web site from which you are connected to our Site or advertisement.

Données liées à la navigation

When browsing on the Site, you leave non-personal IT traces on our server called “log files” which O₂ Développement uses to streamline the editorial and promotional content of the Site. This information, which is not personal, is only collected on our Site. They are not reused by O₂ Développement the next time you visit our Site.

Avertissement

Please keep in mind that, in general, each time you voluntarily provide personal data online (especially on forums, in discussion groups, …) this information can be collected and used by third parties.

Therefore, you recognise that O₂ Développement can in no manner be held liable for messages exchanged using the communication tools it offers its user and any potential consequences.

Competent jurisdiction and applicable law

The present User Notice is governed by French Law. Any difficulties in interpretation or execution will be exclusively dealt with by the competent courts of O₂ Développement.