Legal notices and general conditions of use

Legal notice

 

Atacama Innovation SAS – Insurance and Reinsurance Intermediary category a) according to article L.520-1 of the Insurance Code; Professional Civil Liability and Financial Guarantee in accordance with articles R.512-14 and R.512-15 of the Insurance Code; 

SAS with capital of €500; RCS Paris 882 712 532 – APE Code 7022 Z – ORIAS Number: 20003737 (www.orias.fr); Subject to the control of the Prudential Control and Resolution Authority 4 place de Budapest, CS 92459 – 75436 Paris cedex 09; CIF, member of CNCEF Patrimoine

Atacama Innovation Complaints Service: 25 Bd Jules Sandeau – 75116 Paris – Tel: +33 (0)1 89 16 40 04.

 

This site is edited by:

Atacama Innovation SAS

The website hosting provider is: OVH.COM Address: 2 rue Kellerman – 59100 ROUBAIX. Telephone: 09 72 10 10 07. SIRET: 424 761 419 00045

Photo, video, illustration and iconography credits: Unsplash

Website design: Lucie Vallée

Publication Director: Gabriel Gross

 

Preamble

These general terms of use (GTU) define the rights and obligations of the parties in connection with the use of the Site. The Visitor to the Site (hereinafter the "Visitor(s)") declares to have read and accepted without reservation the rights and obligations relating thereto. Atacama Innovation reserves the right to modify these general terms of use and will then indicate this on the home page of its site. Visitors who do not wish their relations with the Site to be governed by this new version must inform the publisher of the Site in writing within 15 days of the posting of the new version and must cease using the Site. Otherwise, they will be bound by the terms of the new version. In the event that any of the stipulations of the general terms of use is deemed illegal or unenforceable by a court decision, the other stipulations will remain in force.

 

I. PROTECTION of PERSONAL DATA

In accordance with GDPR No. 2016/679 and current French regulations, Atacama Innovation takes the greatest care in processing and protecting the personal data of Visitors to the Site. All information on this subject is available in the Personal Data Protection Policy accessible via the link

 

II. INTELLECTUAL PROPERTY

The Site and each of the elements that compose it, and in particular the texts, articles, newsletters, brochures, plans, clouds of keywords, images, illustrations, photographs, databases, software, source codes, brands, domain names (hereinafter the Intellectual Property Elements) are protected by intellectual property law.

Total or partial reproduction of the Intellectual Property Elements is prohibited.

The user is only authorized to represent the pages of the Site on his screen and is only authorized to reproduce the intellectual property elements of the Site temporarily for the sole purpose of consulting the Site.

The user is only authorized to download and reproduce permanently, on any medium, the Site's own publications, and in particular the information accessible from the "Blog" section of the Site, provided that this reproduction or representation is made for strictly personal, private and non-commercial purposes. The user is prohibited from communicating these publications to third parties, including by email and by making them available from a website or server.

The user is authorized to make short quotations from the Site, provided that the following are clearly stated: the origin of the document (i.e. "extract from the Atacama Innovation SAS site"), the title of the document cited or of the page cited, the name of the author if known, the date of the document if known.

 

III. USE OF THE SITE

All data, information and publications accessible, represented or downloadable from the Site are not exhaustive, are provided for purely informative purposes and cannot under any circumstances be considered as having contractual value.

 

IV. LINKS TO OTHER SITES

Atacama Innovation cannot under any circumstances be held responsible for the content accessible from hypertext links published on the Site or for files downloadable from the Site or sites accessible from hypertext links published on the Site, nor for their possible unavailability.

The creation and publication of a hyperlink to one of the pages of the Site is authorized, subject to the prior and express agreement of Atacama Innovation.

 

V. LIABILITY AND WARRANTIES

Use of the Site implies knowledge and acceptance of the characteristics and limitations of the Internet, and of translations of the Site into languages ​​other than French, particularly those relating to technical performance, response times for consulting, querying or transferring information, and the risks inherent in any connection and transmission over the Internet.

Consequently, Atacama Innovation cannot be held liable for any direct or indirect damage resulting from the use by any user of the data, information or publications accessible or downloadable from the Site, in particular and without this list being limiting:

  • operating losses or losses of information resulting from possible malfunctions, breakdowns, delays or interruptions in access to the Internet network;
  • the transmission and/or reception of any data and/or information over the Internet;
  • the consequences of any virus, computer bug, anomaly, technical failure;
  • failure of any receiving equipment or communication lines;
  • the loss of any electronic mail and, more generally, the loss of any data;
  • any damage caused to the computer, PDA or smartphone etc. of an Internet user who connects to the Site;
  • of any technical, hardware or software failure of any nature, having prevented or limited the possibility of using the Site or having damaged the system of an Internet user who connects to the Site;
  • of any failure or manifest error (in particular technical, material, software, price display, translation, etc.) of any nature, having prevented or limited the possibility of using the Site or having misled an Internet user who connects to the Site;
  • indirect and immaterial damages.

It is the responsibility of every Internet user to take all appropriate measures to: (i) protect their own data and/or software stored on the computer equipment they connect to the Site, against any attack (ii) be able to assess whether there is a manifest error in the information displayed on the Site (by sending an email to support@atacama.io) so that any useful verification can be carried out, to correct any erroneous information if necessary.

Atacama Innovation can only be held liable for acts which are directly and exclusively attributable to it and which cause direct material damage to the Visitor.

By using the Site, the Visitor declares that he is fully informed of the characteristics and constraints of the Internet, that he is solely responsible for the of his use of the Service.

The Visitor undertakes, at first request, including in the event of a non-final court decision, to indemnify and compensate Atacama Innovation for any damage, loss, loss of earnings, complaint, liability and costs, including fees and consultancy costs, that Atacama Innovation may have to bear if its liability were to be incurred by a third party, due to a claim or action linked to this use of the Service by the user.

Visitors are informed that Atacama Innovation may/must communicate all information relating to them, including personal information, to the competent services responsible for combating fraud and offenses.

 

VI. AVAILABILITY OF THE SITE

You acknowledge that it is technically impossible to provide the Site free from any defects and that Atacama Innovation cannot undertake to do so; that defects may lead to the temporary unavailability of the Site; and that the operation of the Site may be affected by events and/or elements that Atacama Innovation does not control, such as, for example, means of transmission and communication between the Visitor and Atacama Innovation. Atacama Innovation may, at any time, modify or interrupt, temporarily or permanently, all or part of the Site to carry out maintenance operations and/or make improvements and/or modifications to the Site. Atacama Innovation is not responsible for any modification, suspension or interruption of the Site.

 

VII. APPLICABLE LAW and COMPETENT JURISDICTION

These T&Cs are subject to French law.

In the event of a dispute, the parties agree to, and expressly undertake to, first attempt to resolve their dispute amicably and, in the event of failure of direct negotiations, to resort to mediation, prior to any legal proceedings and under penalty of inadmissibility. For disputes between professionals, mediation will be conducted under the aegis and in accordance with the internal regulations of the CMAP (Centre de Médiation et d’Arbitrage de Paris – CCI de PARIS), seized at the request of the most diligent party. For disputes with a consumer, the competent mediation body is referenced on the page Complaints of the site.

In the event of a failure to reach a favourable outcome to the mediation process, only the French courts will have jurisdiction to hear the said dispute.