The website accessible at www.berkail.co is published by: Berkail, SARL with a share capital of €5,000.
Head office: 21, rue des bergers, 13006 Marseille, Phone: 07 44 91 85 63
Registered with the Marseille Trade and Companies Register under number 903 012 383
Publication Director: Victor DANESCU – President – Berkail
Contact: Victor DANESCU – hello@berkail.co – 07 44 91 85 63
Hosting:
Our Sites and Applications are hosted on servers located in Europe of Amazon Web Services Inc, PO Box 81226, Seattle, WA 981808-1226 – USA. https://aws.amazon.com/fr/compliance/eu-data-protection/
Site Creation and Design:
Integration: AZTK, contact@aztk.io, www.aztk.io
Graphics: Faustine Najamn, faustine.najman@gmail.com
In these general terms and conditions of use, the following capitalized terms shall have the following meanings:
These CGU are intended to define the conditions of access and use by the User of the Site and/or Services.
Access to the Site and viewing the information it contains imply unreserved acceptance by the User of all provisions in these CGU.
The CGU are subject to change, so the applicable conditions are those in force and available on the Site at the time of User’s access.
The User can access online Services using a username and password provided by the Company.
On first login, they must accept these CGU to use the Services. Acceptance is materialized by checking a box referring to these CGU.
This access right allows the User to use online Services including consulting certain information regarding their contracts and carrying out certain related management operations.
The User is solely responsible for all use of their usernames and passwords, solely guarantees their confidentiality, as well as any use of their account.
Generally, the User commits, in the context of using the Site and/or Services, to:
In the event of breach of any of these obligations, without this list being exhaustive, the User acknowledges and accepts that the Company may unilaterally and without prior notification refuse access to all or part of the Site and/or Services.
The Company uses its best efforts to make the Site available and accessible 24/7, regardless of any maintenance or security operations, updates or technical improvements or for changing its content and/or appearance.
In this respect, the Company is subject to an obligation of means. However, the Company reserves the right, when necessary, to modify or interrupt the display, at any time, temporarily or permanently, of all or part of the information and data displayed on the Site.
At no time and for any reason may the User bring the Company’s liability into play for any of the reasons identified in this article.
If the online Services are unavailable, the User can still carry out consultation and management operations directly with the Company or its representatives.
All equipment and software necessary to access the Site and/or use the Services remain exclusively the User’s responsibility. It is up to them to take all appropriate measures to protect their own data, IT systems and/or software from possible viruses.
The User is solely responsible for the use made of the Site and/or Services accessed from it and for the truthfulness or accuracy of any data and information provided.
The Company cannot in any case be held liable in the context of proceedings brought against the User who is found to have used the Site and/or Services in a non-compliant manner.
The User acknowledges and accepts in this respect that they assume all responsibility for any claim or action brought against the Company due to their non-compliant use of the Services and/or Site or the use, in using the Services, of data for which they do not have the necessary rights and/or authorizations.
The Site is intended to enable Users to become aware of products distributed by the Company and, where appropriate, to access or modify their information.
The Site may contain hypertext links to third-party websites. The establishment of such links from this Site to other resources on the Internet does not constitute endorsement of those resources or their content and does not involve the liability of the Company, the editor of this Site. Any hyperlink to this Site must receive the prior express authorization of the Company, which reserves the right to have this link removed at any time.
In this regard, given the ephemeral nature of content that may be broadcast, the liability of the Company cannot be incurred if the content of said third-party sites contravenes legal and/or regulatory provisions in force.
In any event, the Company shall not be held liable:
The Company cannot be held responsible for any dysfunction of any kind relating to the User’s computer equipment and their internet connection when accessing the Site, and more generally, the Services.
The Company’s liability cannot be sought if the performance of any of its obligations is prevented or delayed due to force majeure as defined by article 1218 of the Civil Code, in particular natural disasters, fires, malfunctions, or interruptions of the telecommunications or electricity network.
To better serve the User, the Company establishes audience statistics for its Site. To do so, it uses cookie technology. A cookie is a block of data that does not identify the User but stores information relating to their browsing of the Site.
Thus, upon accessing www.berkail.co, cookies temporarily store information in memory or on the User’s hard drive during navigation. The User may refuse cookies according to the procedure written at the following address: www.cnil.fr/fr/cookies-les-outils-pour-les-maitriser.
For any clarification or information regarding this notice, the User may contact: florentin@berkail.co
For any complaint (disagreement or dissatisfaction), the User may directly contact their usual contact person:
The Company undertakes to:
The Company holds all intellectual property rights to the Site, as well as all industrial property rights to the elements it contains (logos, trademarks, etc.).
Therefore, in accordance with the provisions of the Intellectual Property Code, any representation, reproduction, modification, distortion and/or total or partial exploitation of the Site, its content and/or Services, by any process and on any medium whatsoever, without the express prior permission of the Company, is prohibited and constitutes acts of copyright infringement.
Likewise, any unauthorized use of the Site, its content and/or Services entails the User's criminal and civil liability on the grounds of copyright infringement.
The Company makes the Site and Services available to allow access via the Internet network, namely:
Any other use of the Site and/or Services is by default reserved for the Company and constitutes an infringement of its right to disclose on the Site and/or Services.
The trademarks, logos, company names, acronyms, trade names, signs and/or domain names of the Company and/or its business partners mentioned on the Site, providing access to the Services made available by the Company, constitute distinctive signs that may not be used without the express prior consent of the Company or possible third-party holders of any or all intellectual and industrial property rights attached to the elements listed above.
Any partial or total representation, reproduction and/or exploitation of these distinctive signs is prohibited and constitutes trademark infringement, under the provisions of the Intellectual Property Code, misappropriation of company name, trade name and domain name, engaging the author’s civil liability.
The User acknowledges and accepts that access to the Site and/or Services provided by the Company does not constitute any transfer or concession of intellectual property rights. The User recognizes that the technique of integrating one or more links within the Site, without the Company's agreement, with the aim of allowing any other User to access a site not owned by the Company (the technique known as “framing”) is prohibited.
For all information on the protection of personal data and the use of cookies by the company, the User can consult the Personal Data Protection Policy accessible here.
Access and use rights to the Services are withdrawn from the User and their access codes deactivated in the following cases:
If access rights are withdrawn, for the Client’s contracts still in progress, the management and follow-up operations will be executed in accordance with the contractual provisions of said contracts.
If any of the provisions of these CGU are declared void or unenforceable for any reason or by any authority or jurisdiction, even by a decision with res judicata effect, such invalidity will not affect in any way the validity of all the other clauses.
The latter will remain in force and must be applied as if the CGU had been concluded without the invalidated clause, regardless of any contractual indivisibility between the invalidated clause(s) and the other clauses, and also any stipulation of the decisive nature of said invalidated clause.
The CGU are governed by French law.
The User and the Company undertake to do everything possible to try to resolve amicably any dispute that may arise from the execution of the CGU and more generally from the use of the Site or the Services.
Failing an amicable solution within thirty (30) days of the notification by registered letter with acknowledgment of receipt by either party of the need to seek such a solution, any dispute between the User and the Company relating to the validity, conclusion, interpretation or performance of the CGU shall be subject to the exclusive jurisdiction of the Commercial Court of Marseille.
