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GENERAL TERMS OF USE

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Updated: 12/16/2021 

 

Welcome to the BETTER & STRONGER website

 

IN ANY CASE, ANY USE OF THE WEBSITE IMPLIES THE UNCONDITIONNAL ACCEPTANCE OF THESE TERMS OF USE NY THE USER.

 

1 - PURPOSE 

The present Terms of Use (hereinafter "ToU") agreed between BETTER & STRONGER, a simplified joint stock company, registered in the Lyon Trade and Companies Register under the number 529 770 372, whose registered office is located at 7, Place du Griffon, 69001 Lyon (hereinafter "BETTER & STRONGER") on the one hand and the User on the other hand (hereinafter "The Parties"), aim at setting out the contractual provisions relating to the respective rights and obligations of the Parties regarding the use of the website, accessible at the following address https://www.better-stronger.com/ (hereinafter "the Website"). 

BETTER & STRONGER offers its clients (hereinafter " the Clients ") various services, in particular consulting and digital marketing services, implementation and management of advertising campaigns, marketing data analysis, database and audience management (hereinafter " the Services ").

The Website is intended to introduce Users to the Services offered by BETTER & STRONGER and to allow Users to contact BETTER & STRONGER. 

It is specified that the subscription to one or more Services offered by BETTER & STRONGER is not governed by the present ToU, but by the Terms of Service available on request.

 

2 - DEFINITIONS

The terms mentioned below have the following meaning in the present ToU:

 

  • "Blog": means the part of the Website where BETTER & STRONGER publishes various articles allowing any User to consult them. 
  • "Contract "or "Terms of Use" or "ToU " : means the present contractual conditions made available on the Website's homepage, in order to govern the use of the Website by any User.
  • "Content": means all information, texts, logos, trademarks, photographs, animations, audio recordings, drawings and models, data, hypertext links and generally all elements and contents of BETTER & STRONGER published on the Website. 
  • "Parties": means individually or collectively BETTER & STRONGER and the User. 
  • "Services" means all services offered by BETTER & STRONGER to Users through the Website. 
  • "Website": refers to the BETTER & STRONGER website accessible at the following address: https://www.better-stronger.com/
  • "User": refers to any natural or legal entity accessing and browsing the Website, whether a Client or an ordinary Internet user.

3 – ACCEPTANCE OF THE TERMS OF USE 

The use of Services implies the acceptance of the present Terms of Use. 

The User undertakes to read these Terms of Use carefully when accessing the Website, and is encouraged to download, print and keep a copy. 

The present ToU are referenced at the bottom of each page of the Website by means of a hypertext link and can thus be consulted at any time. 

 

4 – TECHNICAL SPECIFICATIONS

By using the Website, the User acknowledges that they have the necessary means and skills to use the Services offered. 

The equipment necessary to access and use the Website is at the User's expense, as are any telecommunications costs incurred by their use.

 

5 – ACCESS CONDITIONS

Any User can access the Website and its various features free of charge. 

Creating an account is not necessary.

 

6 – SERVICES 

6.1. Overview of the Services 

The User will be able to consult BETTER & STRONGER's presentation (team, partners, Clients, etc.) and the Services offered by the latter.

 

6.2. Contact 

The User may contact BETTER & STRONGER by filling in the generic contact form accessible on the Website via the "Contact us" tab, or via the "Get in touch" button accessible on the homepage.  

 

6.3. Blog 

The User may access the Blog edited by BETTER & STRONGER. The User will be able to consult all the articles published by BETTER & STRONGER via the Blog.

 

6.4. Newsletter 

The User will be able to subscribe to the Newsletter published by BETTER & STRONGER, by providing their e-mail address. 

The User is free to unsubscribe from the Newsletter at any time.

 

7 – OBLIGATIONS OF THE PARTIES

7.1– OBLIGATIONS DE L’UTILISATEUR 

When using the Services, each User undertakes not to disturb public order, to comply with the laws and regulations in force and to respect the rights of third parties and the provisions of these ToU.

In particular, each User is obliged to:

  • To behave in a loyal manner towards BETTER & STRONGER;  
  • Be honest and truthful in the information provided to BETTER & STRONGER; 
  • Use the Website in accordance with its purpose as described in these ToU;
  • Not to divert the purpose of the Website to commit crimes, misdemeanors or contraventions punishable by the French Penal Code or by any other law;
  • Respect the privacy of third parties and the confidentiality of communications;
  • Respect the intellectual property rights of BETTER & STRONGER regarding the elements and Contents of the Website; 
  • Not to seek to violate articles 323-1 and subsequent of the French Penal Code regarding automated data processing systems implemented on the Website, particularly through practices such as scraping; 
  • Not to use the Contents found on the Website for commercial purposes; 
  • Not to modify the information posted by BETTER & STRONGER; 
  • Not to use the Services of the Website to send massively unsolicited messages (advertising or other);
  • Not to disseminate data that would diminish, disorganize, slow down or interrupt the normal functioning of the Services and the Website. 

 

The User uses the Services under their full and exclusive responsibility. 

 

7.2– OBLIGATIONS OF BETTER & STRONGER

The general obligation of BETTER & STRONGER is an obligation of means. BETTER & STRONGER has no obligation to achieve a certain result or of reinforced means of any kind. 

BETTER & STRONGER undertakes to use its best efforts to ensure continuity of access to and use of the Website 7 days a week and 24 hours a day.

However, BETTER & STRONGER would like to draw the attention of the Users to the fact that the current communication protocols via Internet do not allow to ensure in a guaranteed and continuous way the transmission of electronic communications (messages, documents, identity of the sender or the recipient). 

 

8 – LIABILITY

The User is solely liable for their use of the Website. 

In particular, the User is solely liable for damages resulting in whole or in part of: 

  • Improper use of the Services, including through negligence; 
  • Intrusion or fraudulent use by a third party from their smartphone or tablet;
  • Equipment used to access the Services.

 

BETTER & STRONGER declines any liability in particular: 

  • In case of the impossibility to temporarily access the Website for technical maintenance operations or updating of the published information. BETTER & STRONGER will make every effort to inform Users of any interruptions to the Services. Users acknowledge that BETTER & STRONGER cannot be held responsible for any failure or interruption of the said transmission networks; 
  • In case of virus attacks, illicit penetration in an automated data processing system;
  • In case of unusual use or illicit operation of the Website by a User or by a third party;
  • In relation to the content of third party websites to which hypertext links on the Website refer; 
  • In the event of non-compliance with these ToU attributable to the Users;
  • In case of delay or non-performance of its obligations, when the cause of the delay or non-performance is related to a case of force majeure as defined in Article 9 of these ToU;
  • In case of an external cause that is not attributable to BETTER & STRONGER; 
  • In case of illegal action of a User, or of contractual non-performance of which a User would have been guilty.

In case of unusual use or illicit operation of the Website, the User is solely liable for any damage caused to third parties and for the consequences of any claims or actions that may result from this.

 

9 – FORCE MAJEURE

BETTER & STRONGER will not be held liable if the non-execution or delay in the execution of one of its obligations described in the Contract is due to a case of force majeure. 

Force majeure occurs in contractual matters when an event beyond the debtor's control, which could not be reasonably foreseen at the time of the conclusion of the Contract and whose effects cannot be avoided by appropriate measures, prevents the execution of its obligation by the debtor.

If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the Contract. If the impediment is permanent, the Contract is terminated by the operation of law and the Parties are discharged from their obligations in accordance with Sections 1351 and 1351-1 of the French Civil Code. 

In case of occurrence of one of the previously mentioned events, BETTER & STRONGER will try to inform the User as soon as possible.

 

10 – INTELLECTUAL PROPERTY

The User acknowledges BETTER & STRONGER's intellectual property rights on the Website, its components and related Content and waives the right to challenge these rights in any form. 

The photographs, trademarks, logos, slogans, graphics, animations, videos, audio recordings, software solutions and text and any other content on the Website are the intellectual property of BETTER & STRONGER and may not be reproduced, used or represented without express permission under penalty of law.

In some cases, such Content is not the property of BETTER & STRONGER but BETTER & STRONGER has obtained express permission to use it or may use it in accordance with applicable law. 

Any representation or reproduction, in whole or in part, of the Services, the Website or its Contents, by any means whatsoever, without prior express authorization of BETTER & STRONGER is prohibited and shall constitute counterfeiting punishable under the provisions of the French Intellectual Property Code.

 

In particular, BETTER & STRONGER expressly prohibits: 

  • The extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the Content of its database to another medium, by any means and in any form whatsoever;
  • The reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the Content of the database in any form whatsoever; 
  • The reproduction, extraction or reuse, by any means, including methods similar to scraping of the Content published by BETTER & STRONGER.

 

Acceptance of the present ToU means acknowledgement by the Users of intellectual property rights of BETTER & STRONGER and obligations to comply with them.

BETTER & STRONGER grants a non-exclusive and non-transferable right of access to the Users authorizing them to use the Website and the information it contains, in accordance with these ToU.

Any other use of the Website and its Content is excluded from the scope of said right and may not be made without the prior express authorization of BETTER & STRONGER.

 

11 – PROTECTION OF PERSONAL DATA  

Within the framework of the Website's operating and as a controller, BETTER & STRONGER is likely to collect the Users' personal data.

Such data is collected for management and supply of Services, to answer your requests for contacts and information, to ensure the proper functioning and permanent upgrading of the Website and its functionalities and to answer requests for exercising rights, and if you have chosen this option, to send you our newsletter and our commercial offers.  

In this respect, the User is encouraged to consult BETTER & STRONGER's Privacy Policy which is available at the following address https://www.better-stronger.com/privacy-policy which will give the User more information about the protection of personal data, the processing carried out by BETTER & STRONGER and the way to exercise their rights.

 

12 – USER SERVICE

Any question regarding the use or operation of the Website and Services can be submitted via the contact form accessible on the Website.

 

13 – VALIDITY OF THE TOU 

If any of the provisions of the present ToU are declared null and void in accordance with a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed unwritten but will not affect the validity of the other clauses which will remain fully applicable.

Such a modification or decision does not authorize the Users to disregard the present ToU.

 

14 – MODIFICATION OF THE TOU 

These ToU apply to any User browsing the Website. 

The ToU may be modified and updated by BETTER & STRONGER at any time, in particular to adapt to legislative or regulatory changes.  

The applicable ToU are those in force at the time of browsing the Website.

 

15 – GENERAL PROVISIONS 

The fact that one of the Parties has not required the application of any section of the ToU, whether permanently or temporarily, shall in no case be considered as a waiver of said section.

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

 

16 – JURISDICTION AND APPLICABLE LAW  

THE COMPETENT COMMERCIAL COURT WITHIN THE JURISDICTION OF WHICH BETTER & STRONGER'S REGISTERED OFFICE IS LOCATED SHALL BE COMPETENT TO HEAR ANY DISPUTE CONCERNING THE APPLICATION OF THESE TOU, AS WELL AS THEIR INTERPRETATION AND EXECUTION, EVEN IN THE EVENT OF A PLURALITY OF DEBTORS, A WARRANTY CLAIM OR AN APPEAL. 

HOWEVER, BETTER & STRONGER HAS THE RIGHT TO SUE THE USER IN THE COMMERCIAL COURT IN WHICH THE USER IS DOMICILED.

THE PRESENT TOU AND THE RELATIONSHIP BETWEEN THE USER AND BETTER & STRONGER ARE GOVERNED BY FRENCH LAW.

In case of any discrepancy between the English language version and the French language version of this Agreement, the latter must prevail. 

 

However, prior to any recourse to the arbitral or national judge, negotiation will be privileged in a spirit of loyalty and good faith in order to reach an amicable agreement in the event of any dispute relating to these ToU, including on their validity.

The Party wishing to initiate the negotiation process shall inform the other Party by registered letter with acknowledgment of receipt, specifying the elements of the dispute. If at the end of a period of one (1) month, the Parties do not reach an agreement, the dispute will be submitted to the competent jurisdiction designated above. 

During the entire negotiation process and until its conclusion, the Parties shall refrain from taking any legal action against each other in relation to the dispute under negotiation. As an exception, the Parties are authorized to bring an action before a court of summary jurisdiction or to seek an order on request. A possible action before the summary jurisdiction or the initiation of ex parte proceedings does not entail any waiver of the amicable settlement clause on the part of the parties, unless they expressly wish otherwise.