General Terms and Conditions of Sale and Use

Overview

This website https://makethemmove.com (hereinafter referred to as “this site”, “the site”, “our website”) is operated by LOIC Biométrie SARL. On this site, the terms “we”, “us” and “our” refer to LOIC Biométrie. LOIC Biométrie offers this website, including all information, tools and services (collectively, the “Service”) available from this website to you (the “User”, “Customer” or “Buyer”) conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here.

By accessing this site and/or purchasing any of our products (hereinafter referred to as “Product(s)”), you are engaging in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of  Sale”, “Terms and Conditions of Use”, “Terms and Conditions of  Sale and Use”, “Terms and Conditions”, “Agreement”, “Contract”), including any additional terms, conditions and policies referenced herein and/or hyperlinked thereto. These Terms and Conditions apply to all users of this site, including, but not limited to, users who browse the site, are sellers, customers, merchants, and/or content contributors.

Please read these Terms and Conditions of Sale and Use thoroughly before accessing or using our website. By accessing or using any part of this site, you unconditionally agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all of the terms and conditions of this agreement, then you should not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.

Any new features and tools that are added to this site in the future will also be subject to these Terms and Conditions of Sale and Use. You may find the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by publishing updates and/or modifications on our website. It is your responsibility to check this page regularly for such modifications. Your continued use of or access to the website after publication of any changes constitutes your acceptance of those revisions.

Our website is hosted by OVHcloud. WordPress provides us with the e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - CONDITIONS OF USE OF OUR SITE AND OUR ONLINE STORE

Before any transaction, you declare on the one hand that the purchase of Products on this site is not directly related to your professional activity and is limited to a strictly personal use and on the other hand to have the full legal capacity, allowing you to commit yourself under the present General Conditions of Sale and Use.

Use of our Products for any illegal or unauthorized purpose is prohibited, nor shall you, in using Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any software worms, viruses or any other code of a destructive nature.

Any breach or violation of these Terms and Conditions of Sale and Use will result in immediate termination of the Agreement, without prejudice to any legal action that we may take.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to deny access to Services to any person at any time for any reason.

You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and this includes (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for network or device connections. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our Products, of Service or use of Service, or any access to Service or contact on the website, through which Service is provided, without our prior express written consent.

The headings used in this agreement are for convenience only, and shall not limit or affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete or up-to-date. The content of this site is provided for informational purposes only and should not be relied upon as your sole source of information for making decisions without first consulting accurate, complete and up-to-date information sources. If you decide to rely on the content presented on this site, you do so at your own risk.

We reserve the right to make changes to the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - PRODUCTS AND SERVICES

Products offered are those that appear on this site, within the limits of available stocks.

We reserve the right to change the range of Products at any time.

We have done our best to display as clearly as possible the descriptions of their main technical characteristics. The photographs are as accurate as possible but do not commit us in any way.

The sale of Products presented on this site is intended for all buyers residing in countries that fully authorize the entry into their territory of these Products.

We reserve the right, but are not obligated, to limit sales of our Products or Service to any person, and in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Product or Service we offer. All Product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a Product at any time. Any offer of Service or Product made on this site is void where prohibited by law.

We do not warrant that the quality of any Products, Service, information, or other items obtained or purchased by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 5 - MODIFICATIONS TO SERVICE AND PRICES

The prices appearing on the Product pages are prices in Euros (€) including all taxes (TTC) taking into account the French VAT applicable on the day of the order.

Any change in the VAT rate may be reflected in the price of the Products. We reserve the right to modify its prices at any time, being however agreed that the price appearing on this site the day of the order will be the only one applicable to the buyer.

The prices indicated do not include shipping fees, which are invoiced in addition to the price of the purchased Products, depending on the total amount of the order. For metropolitan France, any order over or equal to 50.00 euros TTC, shipping fees are included (delivery using Colissimo Point Retrait); for any order under 50.00 euros TTC and/or home delivery, a participation fee for the shipment costs will be charged to the buyer.

Prices of our Products are subject to change without notice.

There may be times when information on our site or the Service contains typographical errors, inaccuracies or omissions relating to Product descriptions, prices, promotions, offers, Product shipping charges, delivery times and availability.

We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Service or any associated website is inaccurate, at any time without notice.

We reserve the right at any time to modify or discontinue Service (or any portion or content of Service) without notice and at any time.

We will not be liable to you or any third party for any price changes, suspension or discontinuance of Service.

We are under no obligation to update, modify or clarify any information in the Service or on any associated website, including but not limited to pricing information, except as required by law. No defined update or refresh date on the Service or any associated website should be taken as a basis for concluding that the information on the Service or any associated website has been changed or updated.

SECTION 6.1 - ORDER AND PAYMENT METHODS

Before placing an order, you must create an account on our site. The registration section is accessible directly from the menu bar. At each visit, you, if you wish to order or consult your account (status of orders, profile…), will have to identify yourself with this information.

We invite you to order and pay for our Products in several steps, with 4 payment options to choose from:

 

1) Secure payment by credit card (via the Monetico system):

You select the Products you wish to order in the “cart”, modify if necessary (quantities, references…), check the delivery address or fill in a new one. Then, the shipping costs are calculated and submitted to you, as well as the name of the carrier. Then, you choose the method of payment: “Visa and Mastercard”. The next step is to verify all the information, to read and accept the present General Terms and Conditions of Sale and Use by checking the corresponding box, then you are invited to validate your order by clicking on the “Place Order” button. Finally, you will be redirected to the Monetico secure interface in order to safely enter your personal credit card information. If the payment is accepted, the order is registered and the Contract is concluded.

 

2) Secure payment through PayPal (using your PayPal account or credit card via the PayPal system):

You select the Products you wish to order in the “cart”, modify if necessary (quantities, references…), check the delivery address or fill in a new one. Then, the shipping costs are calculated and submitted to you, as well as the name of the carrier. Then, you choose the method of payment: “PayPal”. The next step is to verify all the information, to read and accept the present General Terms and Conditions of Sale and Use by checking the corresponding box, then you are invited to validate your order by clicking on the “Place Order” button. Finally, you will be redirected to the secure PayPal interface in order to safely enter your PayPal account or personal credit card information. If the payment is accepted, the order is registered and the Contract is concluded.

 

Payment through PayPal account or by credit card is irrevocable.

The confirmation of an order implies acceptance of these General Terms and Conditions of Sale and Use, the recognition of having perfect knowledge of them and the waiver of your own conditions of purchase. All the data provided and the recorded confirmation will be considered as proof of the transaction. If you have an e-mail address and if you have entered it on your order form, we will send you an e-mail confirming the registration of your order.

Under no circumstances will we send you an email asking for your credit card information.

 

3) Payment by bank transfer:

You select the Products you wish to order in the “cart”, modify if necessary (quantities, references…), check the delivery address or fill in a new one. Then, the shipping costs are calculated and submitted to you, as well as the name of the carrier. Then, you choose the method of payment: “Bank Transfer”. The next step is to verify all the information, to read and accept the present General Terms and Conditions of Sale and Use by checking the corresponding box, then you are invited to validate your order by clicking on the “Place Order” button.You will receive by email our bank details allowing you to make the transfer as well as the order number to notify for this transfer. Upon receipt of the funds, the order is registered and the Contract is concluded.

 

4) Payment by check:

You select the Products you wish to order in the “cart”, modify if necessary (quantities, references…), check the delivery address or fill in a new one. Then, the shipping costs are calculated and submitted to you, as well as the name of the carrier. Then, you choose the method of payment: “Bank Transfer”. The next step is to verify all the information, to read and accept the present General Terms and Conditions of Sale and Use by checking the corresponding box, then you are invited to validate your order by clicking on the “Place Order” button. This final click concludes the Contract. Upon validation, you will receive an order slip confirming the registration of your order.

In order to finalize your payment so that we start processing your order, you must print and send us this order slip, along with your check made out to “LOIC Biométrie” at the following address: LOIC Biométrie, 5 av. FD Roosevelt 14114 Ver-sur-Mer.

No cash payments should be sent. Only checks issued by a French bank will be accepted.
As soon as the check is received and cashed, the order will be processed and you will be informed by e-mail. We will dispatch the Products at the earliest 2 working days after cashing the check corresponding to the order.

SECTION 6.2 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place on our website. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change or cancelan order, we may attempt to notify you by contacting you at the e-mail address or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.

You agree to provide up-to-date, complete and accurate order and account information for all orders placed on our site. You agree to promptly update your account and other information, including your e-mail address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.

SECTION 7 - RETENTION OF TITLE

We retain full ownership of the Products sold until complete payment of the price, in principal, costs and taxes included.

SECTION 8 - WITHDRAWAL

In accordance with article L121-20 of the French Consumer Code, you have a period of fourteen working days from the delivery of the order to exercise your right of withdrawal and return the Product for exchange or refund without penalty, except for the cost of return.

SECTION 9 - DELIVERY

Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area. Deliveries are made by La Poste via Colissimo, a delivery service in a collection point “Point Retrait” or at home, or by any other carrier at our convenience. Delivery times are given as an indication only. We can provide you with the tracking number of your parcel by e-mail. The risks related to the transport are at your charge as from the moment when the articles leave the premises of the company LOIC Biométrie.

No order will be shipped until full payment has been received.

SECTION 10 - WARRANTY

Our Products are subject to the legal guarantee provided by the Articles 1641 and the followings of the Civil Code. In case of non-conformity of a sold Product, it can be returned to us. We will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made within thirty days after delivery.

SECTION 11 - LIABILITY

Our Products are intended to be assembled and mounted on plastic scale models by Customer. Only the assembly instructions of our Products (sub-assemblies) presented on this site are authentic. In the event of failure to comply with these instructions or of use other than that intended, we disclaim all responsibility for the non-functioning of the Products and/or damage to other materials. Furthermore, you are informed of the fact that the plastic model kits are not originally designed to be used with our Products. Our responsibility is therefore limited to the proper performance of our Products (sub-assemblies), before and outside any integration on the plastic model. The examples of installation into the model are given for information purposes only and do not engage our responsibility.

We are bound, in the process of distance selling, only to an obligation of means. We cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service breakdown, or other involuntary problems.

SECTION 12 - EXCLUSION OF GUARANTEES AND LIMITATION OF LIABILITY

We make no warranty or representation that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not guarantee that the results that may be obtained through the use of our Service and/or Products will meet your expectations.

You agree that we may periodically remove Service for unspecified periods of time or cancel Service at any time, without prior notice to you.

You expressly agree that your use of, or your inability to use our Service is at your sole risk. Service and all Products and services provided to you through Service are furnished on an “as is” and “as available” basis (unless the contrary is expressly stated by us), without any representations, warranties or conditions of any kind, either express or implied.

In no event shall LOIC Biométrie, our staff, contractors, suppliers, service providers and licensors be liable for any injury, loss, claimor, direct or indirect damage, or consequential damage of any kind resulting from your use of any service or Product from Service. As to any other claim related in any way to your use of Service or Product, including but not limited to any errors or omissions in content, or any loss or damage of any kind incurred as a result of the use of Service (or Product) or any content published, transmitted, or otherwise made available through the Service, even if you have not been warned of the possibility of their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.

SECTION 13 - INTELLECTUAL PROPERTY AND COUNTERFEITING

All the elements of this site are and will remain the intellectual and exclusive property of the company LOIC Biométrie. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether they are photographs, logos, visuals or text.

All files, software, applications, software patches found on this site, with the exception of those described below, are and will remain the intellectual and exclusive property of the company LOIC Biométrie. Any reproduction or transfer to third parties is strictly forbidden. The number of downloads by User can be limited. For this purpose, a unique code can be requested. Only personal use is authorized.

Any unauthorized use of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of the Articles L.335-2 and followings of the Intellectual Property Code.

A sharing space may be available to Users on this website. The files coming from third parties (e.g. audio files) and/or the files explicitly displayed “for sharing” are uploaded by Users in this space at their only responsibility. We are not responsible for any prejudice or damage that may be related to the sharing and use of these files (e.g. copyright).

SECTION 14 - OPTIONAL TOOLS

We may provide you with access to third party tools over which we have no control or influence.

You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising from or related to the use of such optional third party tools.

If you use any of the optional tools provided on our site or on third-party sites, you do so at your own risk and discretion, and you should ascertain the terms and conditions under which such tools are made available by the third party provider(s) involved.

We may also, in the future, offer new services and/or features on our site (including new tools and resources). Such new features and services will also be subject to these Terms and Conditions of Use.

SECTION 15 - THIRD PARTY LINKS

Some content, products and services available through our Service may include elements from third parties.

Links from third parties on this site may direct you to third party web sites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third-party sites.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions conducted through these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third party products should be submitted to the third party.

SECTION 15 - COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS

If, at our request, you submit specific content (e.g. to participate in contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other input, whether online, by e-mail, by mail, or otherwise (collectively, ” Comments “), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute, translate, and otherwise use in any media any Comments you send us. We are not and shall not be obliged to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments.

We may, but are under no obligation to do so, monitor, edit or remove content that we believe, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Use.

You agree to write Comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your Comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, nor will they contain computer viruses or other malicious software that could in any way affect the operation of Service or any associated website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your Comments. You are solely responsible for all Comments you post and their accuracy. We take no responsibility and assume no liability for any Comments you post or that any other third party posts.

SECTION 16 - CONTRACTUAL LIMITATIONS ON TECHNICAL DATA

Our site uses JavaScript technology.

Our site cannot be held responsible for material damages related to its use. Moreover, User agrees to access the site using recent equipment, free of viruses and with a last generation browser up to date.

Our website is hosted by a provider on the European Union territory in accordance with the provisions of the General Data Protection Regulation (RGPD: n° 2016-679).

The aim is to provide a performance that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. However, it reserves the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructure, in the event of infrastructure failure or if the services generate traffic considered abnormal.

LOIC Biométrie and the host cannot be held responsible in the event of malfunctioning of the Internet network, telephone lines or computer and telecommunications equipment, particularly due to network congestion preventing access to the server.

SECTION 17 - PERSONAL INFORMATION

We are committed to preserving the confidentiality of the information provided by you, which you would be led to transmit for the use of certain services. Any information concerning you is subject to the provisions of the law n° 78-17 of January 6, 1978. As such, you have the right to access, modify and delete information concerning you. You can make a request at any time by e-mail to info@makethemmove.com.

SECTION 18 - PERSONAL DATA MANAGEMENT

User is informed of the regulations concerning marketing communication, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 as well as the General Data Protection Regulation (RGPD: No. 2016-679).

SECTION 18.1 - PERSON IN CHARGE OF THE COLLECTION OF PERSONAL DATA

Regarding the Personal Data collected in the context of the creation of the personal account and navigation on the site, the responsible of the Personal Data handling is LOIC Biométrie. The site is represented by Christophe LEMIERE, its legal representative.

As the responsible for data handling, LOIC Biométrie is committed to respecting the framework of the legal provisions in force. In particular, LOIC Biométrie is responsible for determining the purposes of its data processing, for supplying Customers with complete information on the handling of their personal data and for maintaining an accurate data handling record.

Whenever our site processes Personal Data, we take all reasonable measures to ensure that the Personal Data is accurate and relevant to the purposes for which we process it.

SECTION 18.2 - USE OF COLLECTED DATA

Our site is likely to process all or part of the data:

  • to enable navigation on the site and to ensure the management and traceability of services requested by User: connection and usage data of the site, billing, order history, etc.
  • to prevent and fight against computer fraud (e.g. spamming, hacking): hardware used for navigation, IP address, password (hashed).
  • to improve navigation on the site: connection and usage data.
  • to carry out voluntary satisfaction surveys on the site.
  • to conduct communication campaigns (using sms, e-mail): phone number, e-mail address.

We do not market your personal data, which is therefore only used for statistical and analytical purposes.

SECTION 18.3 - RIGHT OF ACCESS, WITHDRAWAL AND OBJECTION

In accordance with the European regulations in force, Users of the site have the following rights:

  • right of access (article 15 RGPD) and rectification (article 16 RGPD), update, completeness of user data
  • right to block or erase user personal data (Article 17 of the GDPR), when they are inaccurate, incomplete, ambiguous, outdated, or whose collection, use, communication or storage is prohibited
  • right to withdraw consent at any time (Article 13-2c GDPR)
  • right to restrict the processing of user data (Article 18 GDPR)
  • right to object to the processing of user data (Article 21 GDPR)
  • right to portability of data provided by users, when such data are subject to automated processing based on their consent or on a contract (Article 20 RGPD)
  • right to determine what happens to users data after their death and to choose to whom we should disclose (or not) their data

As soon as we become aware of a User’s death and in the absence of instructions from User, we undertake to destroy the User’s data, unless its retention is necessary for evidentiary purposes or to meet a legal obligation.

If a User wishes to know how we deal with his or her Personal Data, or to ask to rectify them, or to object to their processing, he or she may contact us in writing at the following address: LOIC Biométrie – 5 avenue Franklin Roosevelt 14114 Ver sur mer, France. In this case, User must indicate the Personal Data that he/she wishes to have corrected, updated or deleted, identifying him/herself precisely with a copy of an identity document (identity card or passport).

Requests for the deletion of Personal Data will be subject to the obligations imposed on us by law, in particular with regard to the conservation or archiving of documents. Finally, Users of the site may file a complaint with the supervisory authorities, notably with the CNIL (https://www.cnil.fr/fr/plaintes).

SECTION 18.4 - NON-DISCLOSURE OF PERSONAL DATA

We refrain from processing, hosting or transferring Information collected on our Ccustomers to a country located outside the European Union or recognized as “non-adequate” by the European Commission without informing the Customer in advance. However, we remain free to choose our technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

We are committed to taking all necessary precautions to preserve the confidentiality of the Information and to ensure that it is not disclosed to unauthorized persons. However, if an incident affecting the integrity or confidentiality of the Customer’s Information is reported to us, we will promptly inform the Customer and communicate the corrective measures taken. Furthermore, our website does not collect any “sensitive data”.

The User’s Personal Data may be processed by LOIC Biométrie’s subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

SECTION 18.5 - INCIDENT NOTIFICATION

Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security.

If we become aware of a security breach, we will notify affected Users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our Customers of all matters relating to the security of their account and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.

No personal information of the User of the site is published without the knowledge of the User, exchanged, transferred, yielded or sold on an unspecified support with the third parties. Only the assumption of the acquisition of LOIC Biométrie and its rights would allow the transmission of the aforementioned information to the possible acquirer who would be in its turn held of the same obligation of conservation and modification of the data with respect to the User of the site.

SECTION 18.6 - SECURITY

To ensure the security and confidentiality of Personal Information, this site uses networks protected by standard features such as firewalls, pseudonymization, encryption and passwords.

When processing Personal Data, we take all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.

SECTION 19 - HYPERTEXT LINKS, COOKIES AND INTERNET TAGS

The site contains a number of hyperlinks to other sites, set up with our authorization. However, we do not have the possibility of checking the content of the sites thus visited, and consequently will not assume any responsibility of this fact.

Unless you decide to deactivate the cookies, you accept that the site can use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you and described below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.

SECTION 19.1 - THIRD PARTY LINKS

Some content, products and services available through our Service may include elements from third parties.

Links from third parties on this site may direct you to third party web sites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third-party sites.

We are not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions conducted through these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third party products should be submitted to the third party.

SECTION 19.2 - COOKIES

A “cookie” is a small information file sent to the User’s browser and stored within the User’s terminal (e.g. computer, smartphone), (hereinafter “Cookies”). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, and the date and time of access. Cookies do not damage the User’s terminal in any way.

Our site is likely to process information from the User concerning his or her visit to the site, such as the pages viewed, the searches performed. This information allows us to improve the content of the site and the User’s navigation experience.

Cookies facilitate navigation and/or provision of the services offered on the site, and the User can configure his/her browser to allow him/her to decide whether or not to accept them so that Cookies are stored in the terminal or, on the contrary, that they are rejected, either systematically or according to their sender. User can also configure his/her browser software so that the acceptance or rejection of Cookies is proposed punctually, before a Cookie is likely to be stored in his/her terminal. 

If the User refuses to accept Cookies on his/her terminal or browser, or if the User deletes the Cookies stored there, the User is informed that his/her navigation and experience on the site may be limited. This could also be the case when our site or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal seems to be connected to the Internet.

If so, we decline all responsibility for the consequences linked to the degraded functioning of the site and of the services possibly proposed by our site, resulting (1) from the refusal of Cookies by the User (2) from the impossibility for our site to record or to consult the Cookies necessary for their functioning because of the User’s choice. For the management of Cookies and the user’s choices, the configuration of each browser is different. It is described in the browser’s help menu, which will allow the user to know how to modify his/her preferences regarding Cookies.

Finally, by clicking on the icons dedicated to the social networks (e.g. Twitter, Facebook, Linkedin, Google Plus) appearing on our website and if the User has accepted Cookies by continuing to browse our website, these social networks  may also deposit Cookies on the User’s terminals (e.g. computer, tablet, cell phone).

SECTION 19.3 - INTERNET TAGS

Our site may occasionally employ Internet tags (also known as action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store information, including the User’s IP address) in a foreign country. These tags are placed both in the online advertisements that allow users to access the website, and on the various pages of the website.

This technology allows us to measure visitors’ responses to our site and the effectiveness of its actions (e.g. the number of times a page is opened and the information viewed), as well as the visitor’s usage of this site.

The external service provider may collect information about visitors to the site and other websites through these tags, compile reports on site activity for us, and provide other services related to site and Internet usage.

SECTION 20 - PROHIBITED USES

You are prohibited from using the site or its contents:

  • for illegal purposes
  • to induce others to perform or participate in illegal acts
  • to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation
  • to infringe or violate our intellectual property rights or those of third parties
  • to harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
  • to submit false or misleading information
  • to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Service or any associated, unrelated website or the Internet
  • to collect or track the personal information of others
  • to spam, phish, hijack, extort information from, browse, explore or scan the web (or any other resource)
  • for obscene or immoral purposes
  • to interfere with or circumvent security measures of our Service, any other web site, or the Internet

We reserve the right to terminate your use of Service or any related website for violating the prohibited uses.

SECTION 21 - COMPENSATION

You agree to indemnify, defend and hold LOIC Biométrie, our staff, contractors, suppliers, partners, service providers and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents referenced herein, or your violation of any law or the rights of another.

SECTION 22 - SEVERABILITY

If any provision of these Terms and Conditions of Sale and Use shall be held to be illegal, void or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use, such severance not to affect the validity and enforceability of any remaining provisions.

SECTION 23 - TERMINATION

The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.

These Terms and Conditions of Sale and Use are effective unless and/or until terminated by us. You may reject these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If we judge, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this Agreement at any time without notice to you and you will remain liable for all amounts owing up to (and including) the date of termination, and/or we may deny you access to our Services (or any part thereof).

SECTION 24 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions or any other policies or operating rules that we post on this site or in relation to Service constitute the entire agreement and understanding between you and us and shall govern your use of Service, and supersede all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Conditions).

Any ambiguity in the interpretation of these Terms and Conditions shall not be construed to the detriment of the drafting party.

SECTION 25 - APPLICABLE LAW

These Terms and Conditions and any separate agreements through which we provide you with Services shall be governed by and construed in accordance with the laws in force in France. For all disputes or litigation, the competent court will be the Tribunal de Commerce de Caen (France).

SECTION 26 - AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE

You can check the most recent version of the Terms and Conditions of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site after the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.

SECTION 27 - CONTACT INFORMATION

Questions regarding the Terms and Conditions of Sale and Use should be sent to info@makethemmove.com.