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TERMS OF USE

This is a courtesy English translation of our Terms of Use. The French version is the legally binding one; in the event of any discrepancy, the French version prevails.

The purpose of these Terms of Use (hereinafter the "Terms") is to set out the conditions under which I CONSEIL EXPERTISE ASSURANCES (hereinafter the "Provider" or "we") grants users a non-exclusive, non-transferable right to use the information published and the digital documents, services and software available on the Provider's website https//www.icea-assurances.fr (hereinafter the "Website") worldwide.

The term "User" refers to any user — any natural or legal person, whether registered or not on the Website — who consults the Website or its content, downloads files, uses them, registers via any form available on the Website, or enters into a contract with the Provider.

The Provider and the User are hereinafter collectively referred to as the "Parties".

Acceptance of these Terms is evidenced, in particular, by the use of the Website. Where applicable, these Terms supplement the Provider's General Terms and Conditions of Sale, available on the Website.

The Provider reserves the right to amend these Terms at any time without prior notice. Such amendments will apply immediately to any further use of the Website.

Any additional rules or guidelines shall be deemed an integral part of these Terms. Users are therefore advised to refer regularly to the latest version of these Terms.

ACCESS AND USE OF THE WEBSITE

The Website can be accessed from computers with up-to-date software (browser, operating system, etc.). The Provider makes no warranty of compatibility and cannot be held liable if the User is unable to consult and/or use all or part of the Website or its content for any reason.

It is therefore the User's responsibility to equip themselves with the necessary IT means, and where appropriate human resources, to ensure their connectivity to the Website.

When accessing the Website or its content, the User expressly undertakes, by any means and by any technical method whatsoever, not to:

  • attempt to gain access to parts of the Website that are not publicly available;
  • take any action which could, at any time, compromise the proper functioning of the Website in any way;
  • use any (automated) system such as, without limitation, "robots", "spiders", "offline readers", etc., intended to create:
    • (1) denial-of-service attacks (including but not limited to network DoS, application DoS, network DDoS — including DrDoS — or application DDoS);
    • (2) messages intended to influence questions and requests, or any other interaction with another user of the Website, including when the User is responding to a request made on the Website;
  • display, upload, send, transmit by email or in any other manner any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, invasive of others' privacy, hateful, racist or otherwise objectionable;
  • consult, display, upload, send or transmit any content that is contrary to applicable international laws;
  • impersonate another person;
  • upload, display, send or transmit by email or otherwise any violent content, or any patent, trademark, trade secret, intellectual property right or other property right belonging to others;
  • upload, display or transmit by email or otherwise any content containing computer viruses or any other code, file or program designed to interrupt, destroy, hinder, disrupt or limit the functionality of any software, computer, service, server, network or telecommunications tool;
  • take any action that disrupts other Users' ability to access the Website;
  • fail to comply with the requirements, procedures, general rules or regulatory provisions applicable to the networks connected to the Website;
  • harass, in any way, one or more other Users of the Website or its content;
  • collect and store personal data relating to other Users.

The User undertakes to take all reasonable and necessary precautions to prevent their equipment or data from being affected by viruses, bugs, Trojan horses or any other kind of malicious software.

LICENCE

The User is granted only the right to consult the Website and its content for personal purposes. To that end, the User is granted a personal, non-transferable, non-assignable licence to use the Website and its content, strictly limited to personal use. The term of the licence is limited to the duration of the User's access to the Website.

Any commercial use of the Website is strictly prohibited. "Commercial use" means, without limitation, any sale or rental of the Website's features, any recording of all or part of its content, or any use of the Website and its components for the sole purpose of generating revenue.

The User is further strictly prohibited (and may not authorise any third party) from:

  • modifying, reproducing, copying, borrowing or distributing all or part of the Website or its content;
  • creating derivative works based in whole or in part on the elements of the Website;
  • reverse engineering, disassembling or otherwise attempting to discover the source code of all or part of the Website;
  • creating a hyperlink to or from the Website without the Provider's prior consent;
  • sublicensing or otherwise transferring any right related to the Website and/or its content, including — without limitation — any software-related right.

INTELLECTUAL & INDUSTRIAL PROPERTY

The concept, content, layout, structure, source code, programming, images, photos, information and information elements, logos, drawings, trademarks, models, slogans, software, animations, audiovisual works, texts, data, databases, music and all other elements of the Website — and, in general, the content and structure of the Website — belong to, are and remain the exclusive property of the Provider, and are protected by various intellectual and/or industrial property rights (including copyright, trademark law and the sui generis database producer's right). The User acknowledges and accepts this.

This content may therefore not be, even partially, reproduced, represented, lent, exchanged, assigned, extracted in whole or in part, transferred to another medium, modified, adapted, arranged or transformed.

By browsing, consulting, registering, becoming a member, downloading files or using the content of the Website in any manner whatsoever, the User in no way acquires any of the rights referred to above or any similar rights.

The Provider warrants that the elements present on the Website and made available by the Provider alone respect third-party rights and are generally not unlawful.

Storing any information or element of the Website in a (electronic) database is not permitted, except for the automatic capture of information by the browser.

LIABILITY

The User's liability

Consultation and use of the Website, as well as the downloading of files — of any kind and by any technical means — from the Website and its content, are always carried out under the User's responsibility, including vis-à-vis third parties.

Each User is responsible for their own registration and for any misuse or damage that may result from it. The Provider cannot be held liable for any misuse of the registration, login and/or password.

The User also agrees to be liable, towards anyone — and in particular represented persons — for any content they publish either on or through the Website.

The Website may contain links to other websites over which the Provider has no technical or editorial control. The User remains solely responsible for the decision to follow those links. The Provider therefore does not warrant the accuracy or completeness of their content, their accessibility or availability, any further external links, or any consequences of consulting or using those sites. It is up to the User to decide whether to visit them.

The Provider's liability

The Provider is subject only to a best-efforts obligation. The Provider shall in no event be liable for any direct or indirect damage the User may suffer from using the Website, the sites it links to and/or the content made available.

The Provider uses its best efforts to ensure that the data and documents on the Website are complete, accurate and up to date. Errors, omissions and outdated data can never be entirely ruled out and the Provider therefore gives no warranty in this respect.

Likewise, the Provider is liable only for its own wilful misconduct or gross negligence. It is not liable for the wilful misconduct or gross negligence of its employees, appointees or, more generally, its agents.

The Provider uses its best efforts to keep the Website available at all times for a normal number of users, but cannot be held liable for any direct or indirect damage related to any modification, suspension or interruption of access to the Website, for any reason whatsoever.

The Provider is also not liable for contacts or relationships between users of the Website.

The Provider does not warrant that files on the Website are compatible with the User's equipment, or that they are accessible.

The User shall also hold the Provider harmless from any claim, in any of the following cases:

  • damage of any nature resulting from the operation or non-operation, or the use or non-use, of the Website or of the content it contains or should contain;
  • unlawful or unauthorised intrusion by any third party into the server or the Provider's Website;
  • introduction of a computer virus into the server or the Website;
  • temporary bandwidth congestion;
  • interruption of the internet connection service for reasons outside the Provider's control.

The User acknowledges and accepts:

  • the restrictions and risks related to the use of the internet or any other means by which the Website is, or will be, made available;
  • the risks of storing and transmitting information by electronic or digital means;
  • the fact that the Provider cannot be held liable for any damage caused by the use of the Website (or of all or part of its content) or of the internet, as a result of the above risks;
  • the fact that the electronic communications exchanged and the backups carried out by the Provider may serve as evidence.

Although the Provider uses its best efforts to keep the Website free from bugs, viruses, "trojan horses" and "spyware", these cannot be entirely ruled out. Users are strongly advised to install the firewalls, antivirus software and other protective software needed to prevent damage to their computers, and to remain cautious about communicating personal data.

With regard to messages from third parties, the Provider cannot be held liable for any resulting harm or for any errors in their content. All texts, data, photos, videos, messages or other materials contained in such messages are the sole responsibility of the person who posted them.

Advertisements placed on the Website are always the responsibility of third parties. The Provider shall in no event be liable for the legality, accuracy, offer, content, proper functioning and/or quality of the goods and/or services offered in such advertisements.

PERSONAL DATA PROTECTION

The Provider takes privacy and the protection of the User's personal data very seriously and undertakes to implement appropriate measures to protect personal data and to process and use such data in accordance with applicable regulations, including the European Regulation 2016/679 of 27 April 2016 ("GDPR") and the French Law No. 78-17 of 6 January 1978 ("Loi Informatique et Libertés"), as amended (together the "Applicable Provisions").

Personal data is processed electronically by the Provider acting as data controller, for the purposes set out in the Privacy and Personal Data Processing Policy available on the Website https//www.icea-assurances.fr (the "Privacy Policy").

Personal data is kept only for as long as is strictly necessary to achieve the purposes set out in the Privacy Policy.

For the strict needs of managing business relationships, this data may be shared with our partners, in accordance with the Privacy Policy. Any natural person has the right to access, rectify, erase and port their data, as well as the right to restrict or object to its processing. These rights may be exercised as set out in the Privacy Policy.

A client who finds that the general regulation on personal data protection has been breached may mandate an association or body referred to in IV of article 43 ter of the French "Informatique et Libertés" Act of 1978, to obtain redress against the data controller or processor before a civil or administrative court, or before the French data protection authority (CNIL).

For full information on the processing of personal data, please refer to our Privacy Policy.

HARDSHIP

In accordance with article 1195 of the French Civil Code, if, due to circumstances beyond the Provider's control, the performance of its obligations can no longer be pursued or simply becomes more onerous or difficult, the Provider and the User undertake to negotiate in good faith an adjustment of the contractual terms within a reasonable time in order to restore the balance. Failing agreement within a reasonable time, either Party may terminate the contractual relationship without any compensation or indemnity of any kind.

FORCE MAJEURE

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein results from a case of force majeure within the meaning of article 1218 of the French Civil Code, or from exceptional health or climate events beyond the Parties' control.

INVALIDITY

The possible illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) shall not in any way affect the legality of the other articles, paragraphs or provisions of these Terms, nor the rest of that article, paragraph or provision, unless a contrary intent is clear from the text.

If any part of these Terms is considered entirely invalid, the Provider shall replace it with a provision that comes as close as possible to the economic effect of the provision declared invalid.

HEADINGS

The headings used in these Terms are for reference and convenience only. They in no way affect the meaning or scope of the provisions they refer to.

ENTIRE AGREEMENT

These Terms, together with any contract (including a subscription contract) where applicable, represent the entire agreement between the Parties.

No statement, representation, promise or condition not contained in these Terms may or shall be relied upon to contradict, modify or otherwise affect the terms of these Terms.

In addition, these Terms and any applicable contract supersede any prior agreement between the Parties and apply to any new agreement.

GOVERNING LAW – LANGUAGE

These Terms of Use are governed by French law.

They are written in French. Should they be translated into one or more languages, only the French text shall prevail in the event of a dispute.

DISPUTES

All disputes relating to the application of these Terms — whether regarding their validity, interpretation, performance, termination, consequences or follow-up — and which could not be resolved between the Parties, shall be submitted to the courts with jurisdiction under the rules of common law.

The User is informed that they may in any event resort to conventional mediation — in particular to the French Consumer Mediation Commission (C. consom. art. L 612-1) or to any existing sector-specific mediation body whose details are set out on the Website https//www.icea-assurances.fr — or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

The mediator's contact details and the steps to refer a case are as follows:

By email: iceassurances@yahoo.fr

By post: 23 GRANDE ALLEE DU 12 FEVRIER 1934, 77186 NOISIEL, France

Should a dispute be brought before the courts, it is recalled that, pursuant to article L 141-5 of the French Consumer Code: "the consumer may, at their choice, bring the case before any court with territorial jurisdiction under the Code of Civil Procedure, the court of the place where they lived at the time the contract was entered into, or where the damaging event occurred."

It is also recalled that, in accordance with article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

CONTACT

Any clarification regarding these Terms or request for information must be sent by post to I CONSEIL EXPERTISE ASSURANCES, 23 GRANDE ALLEE DU 12 FEVRIER 1934, 77186 NOISIEL, France. The Provider will make its best efforts to answer any question as quickly as possible.

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23 Grande Allée du 12 Février 1934, 77186 Noisiel, France

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I Conseil Expertise Assurances is registered with the French ORIAS under number 08046290.

An insurance broker who listens to find the best solution on the market for you

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Société Nouvelle d'Assurances et de Réassurances Intercontinentales. SARL active since 2008, specialised in the business of insurance agents and brokers. Registered with the RCS on 16 October 2008 and with INSEE on 16 October 2008. SIREN 508591633. SIRET 50859163300021.

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