General terms of use for the ENERSON website

DEFINITIONS
In these General Terms of Use, the terms below will have the following meanings:

  • ToU means these General Terms of Use, which apply to the ENERSON Site.
  • Personal Data means any information relating to a specific or identifiable individual. A person is considered identifiable if they can be identified, either directly or indirectly, by reference to an identification number or to one or more elements that are specific to that individual’s identity.
  • User ID means the personal User ID associated with the User’s account, as well as any confidential code or password given to the User by ENERSON that has subsequently been modified by the User and that allows the User to identify itself with a view to access the Services on the ENERSON Site.
  • Regulation on Personal Data Protection means EU regulation 2016/679 of the European Parliament and Council of 27 April 2016 in its entirety, which became applicable from 25 May 2018 (“data protection regulation”) and the French “Freedom of Information” n°78-17 of 6 January 1978relating to Data Protection (loi relative à l’informatique, aux fichiers et aux libertés), amended by Law n° 2004-801 of 6 August 2004.
  • Parties means ENERSON and the User collectively.
  • Services means the entirety of the Services provided by the Site and made available to Users by ENERSON, such as the access to the Engineering Area service, etc.
  • Site means the website www.enerson.com
  • User means any individual that uses the Site and accesses the Services provided by ENERSON through the Site.

Unless otherwise indicated in these ToU:

  • Where words and phrases have a defined meaning, all other forms of that word or phrase will have a similar meaning;
  • Words used in the singular are understood to include their plural form and vice versa;
  • Reference to a document, a standard, a legal provision, a code or any other document implies any amendment or update to that document, standard, legal provision or code;
  • If a time period is specified and starts from a given day or date of acceptance of these ToU, this period is to be calculated from that date.


PURPOSE OF THESE ToU AND VERSION IN FORCE

The purpose of these ToU is to define the terms under which the Users may access, and use, the Services.
Any User who accesses the Services made available by the Site agrees to observe these ToU unreservedly. If the User does not agree with these ToU, in part or in their entirety, it is recommended that they not use the Site and the Services.

ENERSON is free to amend these ToU at any time so that they reflect changes in the law, regulations, case law and/or technical developments. The version that will prevail is that which can be viewed online on the following website: https://www.enerson.com/terms. All Users are, therefore, responsible for checking the online version on the date they access and use the Services.
The User is expressly informed that the only version of the ToU on the Site that is valid is that which can be found online on the Site, which it acknowledges and accepts without reserve and agrees to periodically refer to each time it connects.

INFORMATION, LIABILITY AND WARRANTIES RELATING TO THE MEANS OF ACCESS TO THE SITE
ENERSON has made the necessary means available to ensure the correct functioning of the Site and will take the necessary measures to maintain its continuity and quality.

The User acknowledges that its use of the Site is at its own risk and peril. The Services on the Site are provided “as is” and are accessible without any guarantee with regard to their availability and dependability. ENERSON will, however, endeavour to provide the Site and its associated Services on a 24/7 basis, except in the event of force majeure or events outside of ENERSON’s control, within maintenance periods for potential breakdown, technical hazards arising from the nature of the internet network or malicious acts or any violation of the material or ENERSON tools.

ENERSON assumes no responsibility for disturbances to the internet network resulting from force majeure based on existing case law from the French Court of Cassation (Cour de Cassation) and maintenance operations to be carried out on the Site that have been planned by ENERSON. ENERSON, likewise, accepts no liability from the installation and functioning of the terminals used by the User when accessing the Site and that have not been provided by ENERSON.

More generally, under no circumstance does ENERSON accept any liability for disruption to the Site, irrespective of the reason for such, nor does it for the duration or frequency of the disruption.

Transfer fees and response times for information from the Site via the Internet are not guarantee by ENERSON. The User acknowledges that the transmission speed of this information is not dependent on ENERSON, but rather on characteristics inherent to the electronic communications network based on its connection (able, ADSL, 3G, 4G, etc.) and its access to the internet.

ENERSON will not, under any circumstance, be liable for the repair of possible harm, either direct or indirect, that be suffered by the User when navigating the Site or the use of the Services. Indirect harm is understood to mean that which does not derive exclusively and directly from a fault attributable to ENERSON.
Furthermore, ENERSON is not liable for acts carried out by the User or by third parties using the Site.
Any tool downloaded by the User or obtained by any other means when using the Site, is at the risk and peril of the User.

INITIAL INFORMATION RELATING TO THE SERVICES OFFERED BY THE SITE
The Site offers Users the possibility of accessing Engineering Area and receiving information and documents that form part of ENERSON’s marketing service.

The Services are provided to the User free of charge.
However, equipment (in particular computers, telephones, tools, electronic methods of communication) enabling access and use of the Services offered by the Site will be paid for by the User, in the same way as fees for electronic communication (in particular, phone costs, internet access costs) resulting from the use of such. It is the User’s responsibility to inform themselves of the equipment or services through the relevant operators. The User alone is liable for these fees.

TERMS OF ACCESS TO SITE SERVICES
Access to the www.enerison.com is free.

Access to Engineering Area is conditional on the creation of an account by filling in a form (https://www.enerson.com/espace-pro-inscription/), which will contain the following information: name, firstname, email, password, company name, position, country. The request is received via info@enerson.com, and it is ENERSON’s marketing service that will approve, or reject, the account.

ENERSON reserves the right to refuse access any person acting in competition with ENERSON.

When opening the account, the User will fill in the online form with correct, exact, up-to-date and complete information relating to their identity. In particular, the User agrees not to create a false identify with a view to deceive ENERSON or a third party and not to impersonate another individual. In the event the data initially provided changes, the User agrees to update these immediately.

If the User provides false, inexact, outdated, incomplete, misleading or of a nature that could give rise to error, ENERSON may, immediately and without warning or indemnity, suspend or close the User’s account and refuse further access to all or part of the Services provided via the Site, either temporarily or definitively. The User’s account comprises, in particular, the User’s User IDs, which are under the sole responsibility of the User. The User agrees to keep these secret and not to divulge them in any form whatsoever. If the User’s identifying information is lost or stolen, it must inform ENERSON of such without delay, which will proceed to cancel and/or immediately update the User ID concerned.

The User alone is responsible for how its User IDs are used, even if the User presaves their User ID on their computer, mobile phone or any other device, so allowing automatic connection to the Site.
Any access, use of the Site or of the associated Services and transmission of data from a User’s account will be understood to have been carried out by that User. The User is responsible for maintaining its User ID confidential. Likewise, the User is responsible for ensuring that, at the end of each session, it has disconnected correctly from the Site, in particular when accessing the Site from a public computer. The User is responsible for any loss, misappropriation or unauthorised use of their User ID, and their resulting consequences. In each of the above situations, the User will be responsible for informing ENERSON, without delay and by email to the following email address: dpo@enerson.com, specifying their User ID, first name and surname so that ENESONA can reinitiate the User’s account.

Users may cancel their account at any time by emailing ENERSON at: dpo@enerson.com. 

THIRD-PARTY SITES
In the event that the Services contain hyperlinks from websites edited by third parties (Third-Party Sites) over which ENERSON has no control, ENERSON assumes no responsibility for the content of those ThirdParty Sites or for the content that the Third-Party Sites might forward on.

The presence of hyperlinks from Third-Party Sites should not be interpreted to mean that ENERSON in any way endorses the content of those Third-Party Sites. ENERSON accepts no liability for any amendments or update relating to Third-Party Sites nor does it accept liability for the release of information by those Third-Party Sites, or to their poor functioning.

INTELLECTUAL PROPERTY
The Services on the Site and all elements that compose them are, unless specially mentioned, the exclusive property of ENERSON.

Any representation or reproduction, be it partial or wholly, of the Site without the ENERSON’s prior written consent is prohibited. The brands and logos that appear on the Site are trademarks. Specifically, the brand FG Wilson and TEKSAN. Any reproduction, use, imitation, affixation, erasure or amendment to these elements without ENERSON and/or FG Wilson and TEKSAN’s prior written consent is prohibited and will constitute infringement, which will be actionable per sé.

Therefore, and in accordance with the French Intellectual Property Code (Code de la propriété intellectuelle), the legislative and regulatory provisions in all countries and international conventions, any reproduction, dissemination or representation, be it full or partial, of the brands or logos ENERSON, FG Wilson and TEKSAN and ENERSON Services or any other element that compose them, including amendment to them, is prohibited. The User is particularly prohibited from adapting, improving on, amending, correcting, combining, translating into any or all language, take to market either without cost or for value, market the Services provided by ENERSON in their entirety or in part, or any other element that composes them, irrespective of means or method. No provision in these ToU is to be construed as an assignment of intellectual property rights, be it implicitly or by any other means. 

 

Contact us

The personal data collected via the website www.enerson.com (hereinafter referred to as "the Website") is intended to be processed by ENERSON, the data controller, for the purposes of processing your request for information, and to get to know you better. The information marked with an asterisk is mandatory for the management of your requests.

In accordance with the applicable regulations on the protection of personal data, you have:
- a right of access (and) rectification, erasure and portability of your Personal Data;
- a right of limitation and opposition for legitimate reasons to the processing of your Personal Data;
- the possibility to give us instructions concerning the use and disclosure of your personal data (retention, erasure, third party transfer, etc.) after your death.

You also have a right to lodge a complaint against a supervisory authority such as the Commission Nationale de l’Informatique et des Libertés, the “CNIL”, in the event of a breach of the Applicable Data Protection Regulations. You may exercise these rights by writing to the following e-mail address: dpo@monnoyeur.com.

However, your opposition may, in practice and as the case may be, have an impact on your request for information. For more information concerning this processing we refer you to our Privacy Policy.