AMABIS fichiers-postaux - Terms and Conditions

The fichiers-postaux.com website Terms & Conditions


1. Introduction


1.1 The fichiers-postaux.com website is owned and operated by AMABIS,company formed under French law whose registered office is in 31 avenue du général Leclerc 92340 Bourg La Reine, France. Your use of The fichiers-postaux.com website is governed by a legal agreement between you and AMABIS consisting of the AMABIS Terms & Conditions - found at http://www.amabis.com/download/cgu.pdf - and these fichiers-postaux.com website Terms & Conditions - together called the “Terms”. In addition, your use of the fichiers-postaux.com is subject to the SNA LA POSTE Annual License Agreement - found at http://www.fichiers-postaux.com/en/contrat-de-licence-annuelle-sna-laposte. The fichiers-postaux.com website Terms of Service, The SNA LA POSTE Annual License Agreement, and AMABIS Terms & Conditions shall take precedence in that order in the event of a conflict between them, to the extent of such conflict.

1.2 You may use the fichiers-postaux.com website to browse, locate, and download Postal Reference Files for your PC device. These Postal Reference Files are defined by SNA LA POSTE and offered by AMABIS. You agree that AMABIS is not responsible for any Postal Reference File. You agree that you are solely responsible for all fees associated with purchases you make on the Fichiers-postaux.com website and the Espace Client website.

1.3 You accept the Terms by either - 1 - clicking to agree or accept where these options are presented to you when validating your order, or - 2 - actually using the fichiers-postaux.com website application.

1.4 You must have a legal capacity to use and order services.

 

2. AMABIS’s Provision of the fichiers-postaux.com website


2.1 You agree that AMABIS may stop - permanently or temporarily - providing the fichiers-postaux.com website- or any features within the the fichiers-postaux.com website- to you or to users generally at AMABIS’s sole discretion, without prior notice to you.

2.2 You agree that if AMABIS disables access to your account, you may be prevented from accessing to thefichiers-postaux.com and Espace Client AMABIS websites, your account details or any files or other Products that are stored with your account.

2.3 AMABIS may make available to you various payment processing methods to facilitate the purchase of Products from the fichiers-postaux.com website. You agree to abide by any relevant Terms & Conditions or other legal agreement, whether with AMABIS or a third party, that governs your use of a given payment processing method. You agree that AMABIS reserves the right to add or remove payment processing methods at its sole discretion and without notice to you.

 

3. Your Use of the fichiers-postaux.com website


3.1 In order to access certain services in the fichiers-postaux.com website, you may be required to provide information about yourself such as your name, address, and billing details. You agree that any such information you provide to AMABIS will always be accurate, correct and up to date.

3.2 You agree to use the fichiers-postaux.com website only for purposes that are permitted by - a - the Terms and - b - any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Products.

3.3 You agree not to access - or attempt to access - to the fichiers-postaux.com and Espace Client AMABIS websites by any means other than through the interface that is provided by AMABIS, unless you have been specifically allowed to do so in a separate agreement with AMABIS. You specifically agree not to access - or attempt to access - to the fichiers-postaux.com and Espace Client AMABIS websites through any automated means - including use of scripts, crawlers, or similar technologies - and shall ensure that you comply with the instructions set out in any robots.txt file present on the fichiers-postaux.com and Espace Client AMABIS websites.

3.4 You agree that you will not engage in any activity that interferes with or disrupts the fichiers-postaux.com and Espace Client AMABIS websites - or the servers and networks which are connected to the fichiers-postaux.com and Espace Client AMABIS websites. You agree that you will not use any of the Products found on the fichiers-postaux.com and Espace Client AMABIS websites in a way that interferes or disrupts any servers, networks, or websites operated by AMABIS or any third-party.

3.5 Unless you have been specifically permitted to do so in a separate agreement with AMABIS, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the fichiers-postaux.com website for any purpose.

3.6 You agree that you are solely responsible for - and that AMABIS has no responsibility to you or to any third party for - your use of the fichiers-postaux.com website and any Products, any breach of your obligations under the Terms, and for the consequences - including loss or damage of any kind which AMABIS may suffer - of any such breach.

3.7 You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the fichiers-postaux.com website  or the purchase of Products through the fichiers-postaux.com website, and that the reporting and payment of any such applicable taxes are your responsibility.

3.8 You agree that AMABIS and/or third parties own all right, title and interest in and to the fichiers-postaux.com and Espace Client AMABIS websites and the Postal Reference Files, including without limitation all applicable Intellectual Property Rights in the Postal Reference Files. "Intellectual Property Rights" means any and all rights existing under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights worldwide. You agree that you will not, and will not allow any third party to, - i - copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the products and services, unless otherwise permitted, - ii - take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality - including without limitation digital rights management or forward-lock functionality - in the Products, - iii - use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or - iv - remove, obscure, or alter AMABIS's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Products.

3.9 AMABIS reserves the right - but shall have no obligation - to pre-screen, review, flag, filter, modify, refuse or remove any or all Products from the fichiers-postaux.com website. You agree that that you use the fichiers-postaux.com and Espace Client AMABIS websites at your own risk.

 

4. Export Restrictions


4.1 Products available on the fichiers-postaux.com and Espace Client AMABIS websites may be subject to export controls or restrictions by the France or other countries or territories. You agree to comply with all applicable French and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.

 

5. Indemnification


5.1 To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless AMABIS, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses - including reasonable attorneys fees - arising out of or accruing from your use of the fichiers-postaux.com and Espace Client AMABIS websites, including your downloading, installation, or use of any Postal Reference Files, or your violation of these Terms.

 

6. Termination


6.1 These Terms will continue to apply until terminated by either you or AMABIS as set out below.

6.2 If you want to terminate these Terms, you may do so by ceasing your use of fichiers-postaux.com website  and any Files downloaded from fichiers-postaux.com website.

6.3 AMABIS may at any time, terminate these Terms with you if: - A - you have breached any provision of these Terms; or - B - AMABIS is required to do so by law; or - C - AMABIS decides to no longer provide the fichiers-postaux.com website.

6.4 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and AMABIS have benefited from, been subject to - or which have accrued over time whilst these Terms have been in force - or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 9.5 shall continue to apply to such rights, obligations and liabilities indefinitely.

 

7. Disclaimer of Warranties


7.1 You expressly understand and agree that your use of the fichiers-postaux.com and Espace Client AMABIS websites and any files downloaded or obtained through the fichiers-postaux.com and Espace Client AMABIS websites is at your sole risk and that the fichiers-postaux.com and Espace Client AMABIS websites is provided “as is” and “as available” without warranty of any kind, to the maximum extent permitted by applicable law.

7.2 Your use of the fichiers-postaux.com and Espace Client AMABIS websites and any Postal Reference Files downloaded or otherwise obtained through the use of the fichiers-postaux.com and Espace Client AMABIS websites is at your own discretion and risk and you are solely responsible for any damage to your computer system, , or loss of data that results from such use.

7.3 To the maximum extent permitted by applicable law, AMABIS further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, with respect to any files downloaded or otherwise obtained through the fichiers-postaux.com and Espace Client AMABIS websites as well as the fichiers-postaux.com website itself.

 

8. Limitation of Liability


8.1 You expressly understand and agree that AMABIS and its subsidiaries and affiliates shall not be liable to you under any theory of liability - whether contract, tort including negligence or otherwise - for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you through your use of the fichiers-postaux.com and Espace Client AMABIS websites or any products downloaded or obtained from the fichiers-postaux.com and Espace Client AMABIS websites, including any loss of data, whether or not AMABIS or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

 

9. General Legal Terms


9.1 These Terms constitutes the whole legal agreement between you and AMABIS and govern your use of the fichiers-postaux.com and Espace Client AMABIS websites and Products, and completely replace any prior agreements between you and AMABIS in relation to the fichiers-postaux.com and Espace Client AMABIS websites and Products.

9.2 You agree that if AMABIS does not exercise or enforce any legal right or remedy which is contained in these Terms - or which AMABIS has the benefit of under any applicable law, this will not be taken to be a formal waiver of AMABIS’s rights and that those rights or remedies will still be available to AMABIS.

9.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

9.4 The rights granted in the Terms may not be assigned or transferred by either you or AMABIS without the prior written approval of the other party. Neither you nor AMABIS shall be permitted to delegate their responsibilities or obligations under these Terms without the prior written approval of the other party.

9.5 These Terms and your relationship with AMABIS under these Terms shall be governed and construed in accordance with the French law You and AMABIS agree to submit any dispute to the exclusive competence of the French jurisdictions.

 

 

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