General conditions of use of the services of the DIRCAM

 

As part of the implementation of the RGPD in the Ministry, the DIRCAM corresponds to the controller identified for the website concerned.

 

Definitions

In the meaning of the general conditions of use, the expressions below will have the following definition.

  • CGU means these general conditions of use applicable to the Services.
  • Personal Data means any information about an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more specific elements specific to his physical, physiological, mental, economic, cultural or social identity.
  • Identifier means the personal identifier associated with the User's account as well as any confidential code or password delivered to the User by the DIRCAM and modified by the User and allowing the User to identify himself in order to access Services.
  • Personal data regulation means together Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable from 25 May 2018 (hereinafter "the General Data Protection Regulation") and the law "Informatique et Libertés" n ° 78-17 of January 6, 1978 modified by the law n ° 2018-493 of June 20, 2018.
  • Parties jointly designates the DIRCAM and the User.
  • Services means jointly the various "services" or functionalities, information made available to Users by DIRCAM through the Site or the Application.
  • Site means the website www.dircam.dsae.defense.gouv.fr
  • Application means the mobile application providing the same Services as the Site.
  • User means any natural person who uses the Site and accesses the Services offered by DIRCAM through the Site.

Unless otherwise specified in the Terms of Use :

  • Whenever a word or a sentence has a definite meaning, every other form of this word or sentence has a corresponding meaning;
  • Words in the singular include the plural and vice versa;
  • A reference to a document, standard, legislative provision, code or any other document implies any modification or update of this document, standard, legislative provision or code;
  • If a period of time is specified and dates back to a given day or the day of acceptance of the TOS this period of time shall be calculated as including that day.

 

Legal Notice

Host : the DIRCAM Services are operated by: the National Center for Implementation of Information Systems of SURESNES (CNMOSI)

Director of the publication: BG REUTTER, DSAE

 

Object of the GTU and version in force

The purpose of these Terms is to define the conditions under which Users may access and use the Services.

Any User who accesses the Services offered by DIRCAM undertakes to comply, without reservation, with these Terms, supplemented, where applicable, by the Special Terms of Use - CPU. These CPUs are systematically proposed before the use of User Services for express and prior acceptance.

If the User does not agree with all or part of the Terms, it is strongly recommended that he not use the Site and the Services.

DIRCAM is free to modify, at any time, these Terms, in particular to take into account any legal, regulatory, jurisprudential and / or technical developments. The version that prevails is the one that is accessible online at the following address: www.dircam.dsae.defense.gouv.fr. It is the same for the possible CPUs available online at the Services address. All Users are therefore required to refer to their version accessible online on the date of their access and use of the Services.

The User is expressly informed that the only version of the CGU of the Services that is authentic is the one that is online on the Site, which he recognizes and accepts without restriction, committing to refer to it systematically during each connection.

Capacity

Use of the Services is reserved for Users who are natural persons capable of subscribing to bonds in accordance with French law.

The User may use the Services on behalf of third parties over whom he has parental authority or for which he is recognized tutor or curator in accordance with French law.

 

Information, responsibilities and guarantees relating to means of access to services

DIRCAM sets up the necessary means for the smooth running of the Services. DIRCAM takes the necessary measures to maintain the continuity and quality of the Services.

The User acknowledges that his use of the Services is at his own risk. The Services are provided to him "as is" and are accessible without any guarantee of availability and regularity. DIRCAM will, however, endeavor to make the Services available 24 hours a day, 7 days a week, except in case of force majeure or an event beyond the control of DIRCAM and subject to maintenance periods, possible breakdowns, technical risks related to the nature of the Internet network or acts of malicious intent or any damage to the hardware or software of the DIRCAM.

DIRCAM can not be held responsible for the disruption of the Internet network due to cases of force majeure within the meaning of the jurisprudence of the Court of Cassation and because of the maintenance operations of the Services planned by DIRCAM.

DIRCAM can not also be held responsible for the installation and operation of terminals used by the User to access the Services and not provided by DIRCAM.

More generally, the DIRCAM will in no case be held responsible for an interruption of the Services regardless of the cause, duration or frequency of this interruption.

The transfer rates and the response times of information circulating from the DIRCAM platform to the Internet are not guaranteed by DIRCAM The User acknowledges that the speed of transmission of information does not depend on the Services offered by DIRCAM but characteristics inherent to electronic communications networks and the technical characteristics of its connection mode (cable, ADSL, 3G, 4G etc.) and its Internet access.

DIRCAM can under no circumstances be held liable for any indirect damage suffered by the User when using the Services. Indirect damages are those that do not result exclusively and directly from the failure of the DIRCAM Services. In addition, the responsibility of DIRCAM can not be sought for acts performed by the User or a third party using the Services.

Any software downloaded by the User or obtained in any other way when using the Service is at the User's own risk.

 

Third party sites

In the event that DIRCAM Services contains hypertext links to websites published by third parties (hereinafter the "Third Sites") over which DIRCAM does not exercise any kind of control, DIRCAM does not assume any responsibility for the content of the Third Party Sites or the content to which the Third Party Sites may refer.

The presence of hypertext links to Third Party Sites can not mean that the DIRCAM approves in any way the content of the Third Party Sites. The DIRCAM is not responsible for any modification or update concerning the Third Sites. DIRCAM is not responsible for the transmission of information from the Third Sites, nor the malfunction thereof.

 

Intellectual property

The Services of the DIRCAM and all the elements which compose them are, except particular mentions, the exclusive property of the DIRCAM. All trademarks and logos belonging to the DIRCAM can not be used by the User without the prior written consent of the DIRCAM

Accordingly, pursuant to the provisions of the Intellectual Property Code, the laws and regulations of all countries and international conventions, any reproduction, distribution or representation, in whole or in part, of the information and Services of DIRCAM or any other the element that composes them is forbidden, as is their alteration.

As such, the User is prohibited from adapting, arranging, modifying, correcting, associating, translating into any language or language, placing on the market, for free or for a fee, marketing, all or part of the information and Services (to be completed) provided by the DIRCAM or any element that composes them, whatever the means and the support.

No provision of the TOS may be construed as an assignment of intellectual property rights, whether by implication or otherwise.

 

Protection of personal data

DIRCAM expressly invites the User to consult his Privacy Policy which forms an integral part of these Terms.

 

Cookies and IP address

DIRCAM expressly invites the User to consult his Cookies Usage Policy, which forms an integral part of these Terms of Use, in order to familiarize himself with the DIRCAM policy regarding cookies.

At the request of the judicial authorities, the DIRCAM may transmit the IP address of the User, so that the latter is identified in cooperation with his ISP.

 

Force majeure

IThere is force majeure when an event beyond the control of the debtor (publisher of the Site or Application), which could not reasonably be expected when accepting the TOS and whose effects can not be avoided by appropriate measures , prevents the execution of its obligation by the debtor

The case of force majeure suspends the obligations of the party concerned during the time when force majeure will occur if this event is temporary. Nevertheless, the Parties will endeavor to minimize the consequences as far as possible.

Otherwise, if the impediment is final, the parties will be released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.

 

Evidence Agreement

The messages received by fax or electronically and more generally the electronic documents exchanged between the DIRCAM and the User are electronic writings having the same probative value as paper writings.

 

Renonciation

Le fait pour l’une ou l’autre des Parties de ne pas se prévaloir d’une ou plusieurs stipulations des CGU ne pourra en aucun cas impliquer la renonciation par cette Partie à s’en prévaloir ultérieurement.

 

Waiver

The fact for one or the other of the Parties not to avail of one or more stipulations of the CGU will not in any case imply the renunciation by this Party to take advantage later.

 

Partial invalidity

In the event that certain stipulations of the GTCU are inapplicable for any reason whatsoever, including due to an applicable law or regulation, the parties will remain bound by the other stipulations of the TOS and will endeavor to remedy the clauses. inapplicable in the same spirit as that which prevailed at the conclusion.

 

Applicable law and attribution of jurisdiction

The Terms are subject to French law. Any difficulties relating to the validity, the application or the interpretation of the Terms will be submitted, failing amicable agreement, the Tribunal de Grande Instance of Paris, to which the Parties grant territorial jurisdiction, whatever the place of execution or the defendant's home. This attribution of jurisdiction also applies in the case of summary proceedings, multiple defendants or warranty claims.

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