CGV-CGU - A3TS - The association of heat treatment and surface treatment

EFFECTIVE FEB 8, 2022 _CGVCGU_08022022

GENERAL CONDITIONS OF SALE OF THE A3TS

MEMBERSHIP - PROVISION OF SERVICES

Article 1 - Purpose of the GTC

The purpose of the present General Terms and Conditions of Sale (hereinafter "GTCS") is to define the conditions under which the Association de traitement thermique et de traitement de surface, an association under the French law of 1901, whose SIREN number is 408 082 360 and whose head office is located at 71 rue Lafayette 75009 Paris (hereinafter "A3TS") provides the execution of the services as defined on its Site.

These GTC apply, without restriction, to all services offered by A3TS on its website whose url address is www.a3ts.org (hereinafter and before the "Site"). Consequently, the fact that a member (hereinafter the "Member") or a participant in an event (hereinafter the "Participant") subscribes to a membership or registers for an event on the Site implies full and complete acceptance of these GTC, which the Member or Participant acknowledges having read beforehand.

The A3TS reserves the right to modify these GTC at any time. Nevertheless, the applicable GTC are those accepted by the Member or at the time of payment of the Membership or by the Participant registered at the time of his registration to the event.

Article 2 - Description of the service

The A3TS is an association under the French law of 1901 whose purpose is to disseminate scientific and technical knowledge in the field of materials processing, namely heat treatment and surface treatment.

It includes members of several statuses: Adherent Members who are natural persons and Partner and Benefactor Members who are legal entities. The advantages linked to the subscription of each of the statuses are indicated on the Site on the page "Join".

Members who sign up for membership are required to pay an annual fee, the amount of which is indicated on the "Join" page of the Site.

The A3TS organizes events, an annual congress, an exhibition and technical days. The organized events are described in the pages of the Site "Events" and the registrations are done on line.

A3TS is also a Qualiopi certified training center. The Training activity is specific and is governed by GTCs specific to this training activity, which appear on the page of the Site " Training/Discover and register ". Thus, these GTC apply to all services provided by A3TS, except for training services which are governed by the specific GTC mentioned above.

Article 3 - Terms and Conditions of Membership

3.1. The amount and payment of contributions

Membership of the A3TS implies payment of a membership fee. The membership fees are indicated on the Site on the "Join" page and are payable in euros. These amounts differ according to the type of membership chosen by the Member (Partner Member, Benefactor Member, Adherent Member) and his/her personal status (active, retired, student, currently seeking employment).

The VAT applicable is the one in force on the day the membership is taken out.

The terms of payment will be specified according to each situation. Payment can be made by credit card directly online on the Site, by check or by bank transfer on invoice. In the last two cases, once the account has been created on the Site, the member must complete the membership form available as a PDF download at the bottom of the page https://www.a3ts.org/adherer, and return it by email to a3ts@a3ts.org.

The Member warrants that he/she has the necessary authorization to use the method of payment chosen for his/her membership.

A3TS reserves the right to suspend or cancel any membership execution, in case of non-payment or partial payment of any amount due or in case of payment incident.

3.2 Duration of Membership

The membership period is annual and runs from the day of subscription for a period of 12 months.

3.3 Membership Characteristics

Once the account has been created and the membership paid for, the Member has access to his Member Space where he will find the directory of the association, the video recordings of certain events, the scientific and technical publications of the association and the A3TS Contacts.

The Member will be listed in the A3TS directory under the contact information provided at the time of membership. The directory can be consulted online in the member's area, and printed in paper format and distributed to all A3TS members each year.

The Member will receive, unless otherwise requested at a3ts@a3ts.org, all A3TS communications and newsletters during the period of his membership.

Membership benefits are described on the Join page of the website: https://www.a3ts.org/adherer. These benefits are provided to the member based on the type of membership chosen, once the membership fee has been paid in full.

Article 4 - Event registration.

4.1 Registration Process

The program of the event, its dates, duration, location, price and any other particular conditions of the event are indicated on the Site.

Registration to the event can be done online on the Website page, or by sending a form to a3ts@a3ts.org or to A3TS, 71 rue Lafayette 75009 Paris.

When done online, the registration process is as follows:

a) The customer registers online by completing all the information requested in the registration form on the Site.

The Customer agrees to provide accurate and complete information.

b) By clicking on the "Validate" button at the end of the registration process, and after having verified the content of his order, the customer confirms his registration to the event and declares to accept fully and without reserve the entirety of these GTC.

c) A3TS will then send the customer, to the email address he/she has provided, a summary of his/her order as well as the corresponding invoice.

d) With the exception of organizations subject to public accounting rules, registration will only be definitively accepted by A3TS upon receipt of payment of the corresponding fee.

e) Upon receipt of payment, a confirmation of registration will be sent by A3TS to the customer's e-mail address.

Participation in the event is ordered for the number of people and names indicated on the registration form.

Participation in an event is offered within the limits of available places. When all available places are sold, a mention is made on the presentation of the event on the Site.

4.2 Financial conditions

4.2.2 Prices

a) The registration fee for an event is indicated on the Site. With the exception of organizations subject to public accounting rules, the price must be paid upon receipt.

b) The A3TS reserves the right to refuse access to the event in the event of non-payment in full on the day of the event, with the exception of personnel from organizations subject to public accounting rules.

4.2.3. Terms of payment

The customer can pay for his registration by the following means:

- Online by credit card, CB or VISA, by entering the details and expiration date of your credit card. The data is encrypted during its transmission according to the SSL (Secure Socket Layer) protocol which guarantees the safe circulation of this information. Once the online payment is effective and validated by the bank, the Customer will receive a confirmation by e-mail with all the data recorded concerning his order.

- by check to the order of A3TS whose address is on the registration form;

- by bank transfer to the order of A3TS, whose bank details appear on the registration form and the invoice. The transfer must be accompanied by the order references or the invoice.

Any incident, delay in payment or any sum remaining due for an event organized by the A3TS will automatically lead to a ban on participating in any other event without prior notice from the A3TS and until full payment.

4.3. Cancellations

4.3.1. Cancellation at the initiative of the Participant

Except for special conditions transmitted or communicated during an event, on the site or any other medium, the following conditions apply:

The Participant's cancellation requests must be sent in writing by email to a3ts@a3ts.org or to A3TS, 71 rue Lafayette 75009 Paris at the latest 15 days before the date of the event concerned, the postmark being proof of the date of cancellation. In this case, the registration fee will be refunded in full.

For any cancellation not respecting these conditions, except in case of force majeure, the entire amount of the registration will remain due to the A3TS as a fixed and definitive compensation.

In addition, non-participation in an event is considered as a cancellation out of time and will not give rise to any refund.

4.3.2. Cancellation at the initiative of the A3TS for reasons of force majeure

A3TS may cancel or postpone an event due to force majeure. Any new sanitary, climatic, economic, political or social situation, at national or international level, not reasonably foreseeable at the time of the communication of the event to the customers, independently of the will of A3TS, which makes the execution of the contract impossible or which involves risks of disorders or disorders likely to seriously affect the organization and the good progress of the event, or the safety of the goods and the people, constitute cases of absolute necessity justifying the cancellation or the postponement of the event at any moment. The coronavirus epidemic declared by the national health authorities is part of the cases of force majeure referred to herein.

In the event that, for reasons of force majeure and in particular in the event of an upsurge of the coronavirus epidemic, the event could not take place on the planned date and would be postponed to a later date, the registration of the Participant will be, with his agreement, postponed to this new date and the registration fee retained by A3TS. If the Participant does not wish to postpone his/her registration or if the event is not postponed, A3TS will reimburse the Participant a fixed amount of 85% of the registration fee, the remaining 15% being retained by A3TS to cover part of the expenses incurred in the preparation and organisation of the event.

Article 5 - Miscellaneous

5.1 Non-waiver

The fact that one of the parties does not claim from the other party a breach of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question.

5.2 Contacts

You can contact A3TS by email at a3ts@a3ts.org or A3TS, 71 rue Lafayette 75009 Paris -01.45.26.22.35.

5.3 Limitation of liability

No direct or indirect prejudice, in particular commercial or financial (loss of turnover, loss of gross margin, loss of opportunity), no image prejudice, can be compensated by A3TS.

5.4 Confidentiality

In accordance with the principle of business secrecy, the Parties agree to maintain the utmost discretion regarding all information relating to the organization of the Online Services, the content of the Site and their online relationship.

5.5 Amicable procedure

Any dispute relating to the interpretation and/or performance of these GTCs shall, to the extent possible, be settled by amicable negotiation between the Parties, which A3TS shall endeavor to promote.

After a period of 30 days and in the absence of an amicable solution, the Parties shall have the right to bring the matter before the competent courts.

By mutual agreement of the Parties, this provision shall not preclude the institution of any emergency proceedings, whether on petition or in summary proceedings.

5.6 Jurisdiction

In the event of failure of the amicable procedure and in the presence of any dispute, jurisdiction is expressly attributed to the courts of Paris, notwithstanding multiple defendants or guarantee appeals, even for emergency procedures or conservatory procedures, in summary proceedings or by petition, as well as for any request based on the provisions of Article L.442-6 of the Commercial Code.

5.7 Applicable law - Contractual language

The Terms and Conditions of the Site are governed by French law, regardless of the nationality of the Member, Participant or customer.

The language of reading, understanding and interpretation of the GTC is French.

GENERAL CONDITIONS OF USE

1. definitions

When the terms below are capitalized, reference is made to their definition.

Administrator: person, department or company in charge of the administration of the Site, its operation and the implementation of the means necessary for its functioning, acting on the instructions of the A3TS.
Content: all information, elements and/or media, whatever the format, intended to be broadcast on the Site.
Operation: maintenance in operational conditions of the Site.
Incident: unplanned interruption or degradation of the quality of a computer service provided online on the Site.
Parties: means both the Users of the Site and A3TS
Event: event organized by A3TS
Services: all the services rendered online by A3TS to the Users through the Site.
Site: set of structured documents, called "web pages" composed of content of various types and formats (text, image, sound, video, etc.), animated by software and stored on a server connected to the Internet network and constituting the technical support of the url address mentioned in the legal notice above.
A3TS: association referred to as the publisher of the Site in the legal notice of the Site.
User: any natural person legitimately connected to the Site.

2 Purpose of the General Terms and Conditions of Use

The purpose of these "General Terms of Use" (hereinafter "GTU") is to define the conditions under which any User may use the Services provided by A3TS via the Site.

3. effective date - duration

These TOS apply to all Users of the Site.

4. enforceability of the general terms and conditions of use

The present Terms and Conditions of Use may be modified by A3TS whenever it deems it necessary, which the User expressly accepts in advance. A3TS will put on line and make accessible on the Site any new version of the General Conditions of Use.

5 User's responsibility

Method of proof

In their relations, the Parties undertake to correspond, subject to particular cases involving the issue of a registered letter with acknowledgement of receipt, by electronic mail. Any e-mail sent shall constitute an acceptable mode of proof for the establishment of all facts, acts and actions of each of them.

Limitation of liability

No limitation of liability or warranty is granted to the User in respect of any breach of any of its obligations under these Terms and Conditions of Use.

Consequently, the User will be responsible for any damage, including direct, indirect, consequential, special or incidental, physical and/or moral, material and/or immaterial, that he/she may cause to other Parties or third parties through the use of the Services or the connection to the Site.

A3TS uses its best efforts to ensure the accuracy of the information published on the Site. However, it is the sole responsibility of the Users to check the information published, A3TS does not undertake any guarantee in this respect. A3TS cannot be held responsible in case of inaccuracy or incompleteness of any information on the Site.

No waiver

The fact that A3TS does not claim the application of any clause of these GCU or tacitly acquiesces to its non-performance, whether permanently or temporarily, shall not be interpreted as a waiver by A3TS of its rights arising from the said clause or its subsequent performance.

Failure to comply with these T&Cs

Any contrary use of the Site and its functionalities, contrary to their object and purpose, is strictly forbidden and constitutes a breach of these GCU and as such is likely to result in the suspension of the Visitor account relating to the User, either temporarily or permanently, at the discretion of A3TS.

6. intellectual property

A3TS is the exclusive owner of all intellectual property rights present on the Site and in particular of the rights of use, display, exploitation, reproduction, representation, adaptation, translation relating to any object composing the Site, including the graphic charters, titles, forms, plans of the Site, texts, articles, analyses and writings, documentations, photographs, images, videos or any other informational and/or downloadable contents, as well as the trademarks and logos put on line by A3TS.

The Site as well as its Content are protected by French law on copyright and related rights (articles L.122-4 and following of the Intellectual Property Code), which prohibit the total or partial reproduction, without the consent of A3TS, of these various constituent elements.

Therefore, the User undertakes to respect the copyrights, trademark rights and rights of the database producer, each User acknowledging that the databases constituted by the A3TS are its exclusive property.

The A3TS only grants the User a simple right of private, non-collective and non-exclusive use of all the content published on the Site as well as an authorisation to reproduce it in digital form on the computer used to consult the Site for the purpose of viewing the pages consulted by the Internet user's browser.

The User has no right to transfer or assign the information obtained from the Site and is prohibited from creating any derivative work from the Content of the Site.

The Site and its components constitute a work protected under intellectual property. Any representation, reproduction, modification, transmission, translation or more generally any exploitation of the Site and its technical or graphic components, are strictly prohibited without the prior authorization of A3TS.

The provision of the Services does not imply any transfer or concession of any of the intellectual property rights, with the exception of the right, for a User, to use the Services provided by A3TS online from the Site, within the limits provided for in the present GCU, in the GTCs and, if applicable, in the contract that the User may have with A3TS.

Any violation of this clause will be considered an act of infringement and may result in civil and/or criminal proceedings in accordance with the law.

The use of hypertext links to and from the Site is also subject to the prior and express authorisation of A3TS, the user being able to obtain authorisation by e-mail from the webmaster.

7. right to use the online services

The User undertakes to provide accurate information when registering and during any online formality, as this information is used for the proper functioning of the Site and the proper execution of the Services.

The User undertakes not to create a false identity that could mislead the Administrator or third parties.

8. online services

A3TS provides or is likely to provide through the Site the following services to the User:

- Consultation of various contents and information;

- Use of forms to contact A3TS;

- Use of transactional features: membership and event registration. These transactional features are subject to specific conditions.

9. system requirements

In order to properly use the Site and its functionalities, all Users must have software that is regularly updated by the publishers.

The pages of the Site are responsive and therefore adapt to all screen resolutions, but a minimum screen resolution of 1280 x 1024 pixels is recommended.

The Administrator does not guarantee the transfer, storage or printing of the information posted on the Website from or to the User's computer system or station.

The Administrator shall endeavour to implement proven technical devices capable of fulfilling the expected functionalities of the Site. However, no obligation of result can be subscribed by the A3TS in this respect for the benefit of the Users, as regards the security and the durability of the information put online, in particular because of the hazards related to the use and the functioning of the open networks such as the Internet network.

In order to satisfy the needs of the Users or to improve the functioning of the Site, A3TS may develop its functionalities.

The operation of the Site may be temporarily interrupted by decision of the Administrator for maintenance or security purposes. No interruption or slowdown in the operation of the Site may give rise to any claim of any kind whatsoever, nor a fortiori to compensation, particularly in the event of loss of connections, data or information of any kind whatsoever.

The use of the Site by Users may result in the deposit of "cookies". These "cookies" are used in particular to improve the user experience, to collect anonymous statistics and for subsequent advertising retargeting. Each User can refuse the registration of these "cookies" on his or her computer by choosing the appropriate option on his or her browser. The User is invited to refer to the page of the Site "Use of cookies".

10. use of the site in accordance with the law

All Users undertake to use the Site and its functionalities without attempting to bypass the technical security and protection devices. They undertake not to disrupt or paralyse the operation of the Site.

The User recognized as being responsible for the infection of all or part of the Site by viruses, worms, Trojan horses, logic bombs or any other disruptive technical device, undertakes to assume all the consequences, in particular financial, with regard to A3TS or any third party who may be the victim.

In the event of fraudulent or unlawful use of the Site by the User, the User undertakes to compensate the Administrator for any damage he/she may suffer as a result.

The A3TS can decide to block the diffusion or to proceed to the deletion of any Content put online and which would contravene:

- the laws and regulations of French law, international treaties, good morals;

- the proper functioning of the Site;

- the legitimate interests of other Users or third parties;

- to the image, reputation and interests of A3TS, its shareholders, subsidiaries, partners and customers.

The A3TS will not be held responsible or liable for any compensation to anyone.

11. claims

In order to be processed, any complaint concerning the operation of the Site, its content or any other matter must be sent by e-mail and by registered letter with acknowledgement of receipt to A3TS. No action will be taken on complaints that do not come from a duly identified person and whose contact details are not specified.

12. limitation of liability

No direct or indirect prejudice, in particular commercial or financial (loss of turnover, loss of gross margin, loss of opportunity), no image prejudice, can be compensated by A3TS.

13. privacy

14. amicable procedure

Any dispute relating to the interpretation and/or performance of these Terms and Conditions of Use shall, to the extent possible, be settled by amicable negotiation between the Parties, which A3TS shall use its best efforts to facilitate.

After a period of 30 days and in the absence of an amicable solution, the Parties shall have the right to bring the matter before the competent courts.

By mutual agreement of the Parties, this provision shall not preclude the institution of any emergency proceedings, whether on petition or in summary proceedings.

15. grant of jurisdiction

16 Applicable law - Contractual language

The TOS of the Site are governed by French law, regardless of the nationality of the User.

The language of reading, understanding and interpretation of the TOS is the French language.

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