Terms and Conditions

Terms & Conditions

Updated 12/4/2016
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE STOP BROWSING THE WEBSITE, ORDERING OUR PRODUCTS OR USING OUR SERVICES. YOU (THE “USER”) MUST AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT TO BECOME A USER OF ANY OF 01consulting’s SERVICES, CONTENT, MATERIALS, PRODUCTS OR REPORTS, (COLLECTIVELY CALLED “PRODUCTS”) WHICH IN TURN ALLOWS YOU TO ACCESS CERTAIN OF 01CONSULTING’S PRODUCTS” ON 01CONSULTING’S WEB SITE OR THOSE THAT ARE DELIVERED TO YOU AFTER PURCHASE. BY USING THE WEBSITE 01consulting.net YOU AGREE TO THE TERMS OF THIS AGREEMENT, JUST AS IF YOU HAD SIGNED THIS AGREEMENT. 01consulting is a registered corporation under the laws of France headquartered 128 rue Houdan, Sceaux, France.

1. Changed Terms.
01consulting may change or discontinue any aspect of its website at any time, including, its content or features. 01consulting reserves the right to change the terms and conditions applicable to use of the Products or Services. Such changes shall be effective immediately upon notice, which shall be placed on the website. Use of the Products after notice shall be deemed to acceptance by User of such changes.

2. Term.
01consulting may terminate User’s access at any time for any reason. The provisions regarding Disclaimer of Warranty, Accuracy of Information, Indemnification, and Third Party Rights shall survive.

3. Copyright and License of Product & Content.
The Products are the property of 01consulting and are protected by French, European and international copyright law and conventions. User acknowledges that access to the Products is limited to the License terms set forth herein and any expansion must be in writing. The granting of the License to access and use the Products is conditioned on User’s agreement not to disclose, copy, disseminate, redistribute, or publish a Product, or any portion of or excerpts of a Product to any other party.

User shall have the right to use the Products & Provided Content solely by himself/herself for its own internal information purposes. If other individuals, even in the same organization need a product, they have to acquire their own copy of the product. Reproduction of the Products in any form or by any means is forbidden without 01consulting’s written permission, including but not limited to:

A. information storage and retrieval systems;
B. recordings and re-transmittals over any network (including any local area network);
C. use in any timesharing, service bureau, bulletin board, group discussion or similar arrangement or public display;
D. posting any Product or any portion of a Product, to any other public or online service (including social media, bulletin boards, intranet or the Internet) ; or
E. sublicensing, leasing, selling, offering for sale or assigning the Product any portion of a Product.

Moreover,

i. User agrees to maintain all copyright, trademark and other notices contained in such Product.
ii. User agrees that it shall not use 01consulting’s name or any excerpts from the Products in the promotion of its products or services without prior written approval from 01consulting.

4. Disclaimer of Warranties.
01consulting does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the Products and Services. Although 01consulting takes reasonable steps to screen Products for infection by viruses, worms, Trojan horses or other code manifesting contaminating or destructive properties before making the Products available, 01consulting cannot guarantee that any Product will be free of infection.

5. Accuracy of Information.
The information contained in the Products are produced by 01consulting based on it’s own knowledge and experience as well as data which has been obtained or estimated from sources believed to be reliable. 01consulting disclaims all warranties as to the accuracy, completeness or adequacy of such information. The reader assumes sole responsibility for the selection of the Products and content to achieve its intended results. The opinions expressed in the Products are subject to change without notice.

6. Limitation of Liability.

In no event will 01consulting be liable for:
A. damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption and loss of programs or information) arising out of the use of or inability to use 01consulting’s website or the Products, or any information provided on the website, or in the Products

B. any claim attributable to errors, omissions, mis-estimations or other inaccuracies in the Product or interpretations thereof.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to some users. Under such situation, user explicitly agrees that in no event shall 01consulting’s total liability to the user for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence] or otherwise) exceed the amount paid by the user, if any, for accessing this site.

7. Payment.

A. 01consulting charges for fees and collects them in advance for use of the “Products” and “Services”. The price of each service or product is explicitly shown on the website or in proposals and repeated during the purchase process. 01consulting reserves the right in its sole discretion and as it deems appropriate to change its pricing and add, remove or otherwise modify the services, products and reports it offers. You agree to prepay all fees or prices for the services, products or reports.
B. Due to the nature of our services which is about delivery of information which by definition, once exposed/delivered, can neither be cancelled nor returned, you explicitly acknowledge that all amounts paid are NON-REFUNDABLE, EVEN WHEN YOU CLAIM HAVE NOT OPENED THE DELIVERED FILE, or under any other circumstance. You also agree not to open a dispute to claim a refund with any third party payment clearance system such as Paypal, which will occur additional fees that you’ll have to bear.
C. 01consulting uses 3rd party banking services such as Paypal® or other third party services to receive your payment or other means of payment upon mutual acceptance. If 01consulting does not receive payment or pre-payment, and that for any reason, you agree to pay 01consulting all amounts due on demand plus interest and expenses. You hereby authorize 01consulting to take all necessary actions to obtain payment. You understand and agree that if 01consulting does not receive timely payment of all amounts due, your use of the PRODUCT may be restricted or terminated. Late payment is also subject to late charges. Any Member that without justification disputes charges for hosting or related services directly with a credit card issuer or other third-party resulting in a “chargeback” or “stop payment” or other form of payment reversal will be subject to immediate termination of license to use or to access the service or the purchased product. If a Member wishes to continue service subsequent to undergoing a restriction in service or termination resulting from a payment reversal, reinstatement will be subject to corresponding fees.

D. Unauthorized Use. You agree to notify 01consulting immediately if you suspect unauthorized use of the service/product/reports, your password, or if you suspect any other unauthorized activity.
E. Taxes. You agree to be responsible for and pay any taxes, including sales taxes, use taxes, value added taxes or similar taxes, applicable to your purchases from 01consulting or otherwise resulting from your use of the service, wherever applicable.
F. Collection Costs. You agree to pay to 01consulting on demand all attorney and collection fees, court costs and other expenses arising from any effort of 01consulting to collect any amounts due from you. You further agree that all such amounts shall bear interest at a rate of 1.5% per month or partial month overdue, or the highest interest rate permitted by applicable law if such rate is lower than 1.5% per month.
G. Billing Questions. Any questions or disputes regarding billing should be directed to 01consulting by email at the following address: contact3(at)01consulting.net.

8. Links.
This Web site contains links to other Web sites, which are provided as resources for the convenience of users. Because 01consulting is not responsible for maintaining these sites, please direct your concerns about any of the linked sites to that site’s administrator.

9. Indemnification.
User agrees to indemnify, defend and hold harmless 01consulting, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of the use of the Products by User or User’s account.

10. Third Party Rights.
The provisions regarding Disclaimer of Warranty, Limitation of Liability and Indemnification are for the benefit of 01consulting, and its licensors, employees and agents. Each shall have the right to assert and enforce those provisions against a User.

11. General Provisions.
Any provision in any memorandum received by 01consulting in connection with the Product which is inconsistent with, or adds to, the provisions of this Agreement is void. Neither the parties’ course of conduct or trade practice will modify the terms of this Agreement. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other terms and conditions shall remain in full force and effect.

12. Governing Law.
This Agreement and the resolution of any dispute arising hereunder shall all be governed and construed in accordance with the laws of France, without regard to its conflicts of law principles. User consents to the jurisdiction of the commercial court of Paris, France (“Tribunal de Commerce de Paris”).

13. Privacy Statement.
User’s right to privacy is of large importance to 01consulting. When user registers to use our site, 01consulting will ask user to provide personal information. We use that information to provide user a more personalized online experience and to process orders, as well as to keep track of what topics are of interest to our users. This information will not be shared with any third party.

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