CGU
Last update date: 26/06/2023
Terms and conditions of use
These General Terms and Conditions of Use (hereinafter the " GTCU ") govern all relations between the website accessible at DOC (hereinafter the " Site ") and the User.
All access and use of the Site and its services implies acceptance and compliance, without reservation or exception, with the GCU.
The Site and its contents are accessible to all.
However,recommends the use of the Site and its services only by (i) adults enjoying their full legal capacity, to the exclusion of minors subject to the prior agreement of the persons holding parental authority over them, and (ii) legal entities with the express agreement of their legal representative.
If a person does not meet the conditions or does not wish to accept the GCU, he or she is advised not to access or use the Site and its functionalities.
DOC reserves the right to modify the GCU at any time without prior notice. The User will be deemed to have accepted the new GTUs whenever he/she visits the Site again. Consequently, Users are invited to consult the GCU on a regular basis.
1. Definitions
In the GCU, the terms defined below have the following meanings:
Order: refers to the subscription to one or more Paid Content(s), made on the Site by the User after unreserved acceptance of the General Terms and Conditions of Sale (hereinafter " GTCS ") and the GCU, and which constitutes a firm and definitive sale that can only be challenged under the conditions defined in the GTCS.
Free Content( s): refers to publications freely accessible on the Site.
Paid Content(s ): refers to paid publications and/or programs offered for sale paret accessible only by Users who have placed a corresponding order.
Equipment: refers to any mobile terminal equipment connected to the Internet via the Networks.
Third-Party Providers: refers to third-party companies whose services and software applications are used as part of its operation and functionalities.
Networks: refers to electronic communications networks open to the public, interconnected and operated by any operator, whatever the technologies or standards used by these networks (cable, satellite, ADSL, fiber optics, GSM, GPRS, EDGE, UMTS, HSPA, LTE, LTE-Advanced, 5G NR, Wi-Fi, WIMAX, etc.).
Services: refers to all or part of the services offered by the Site and accessible exclusively to Users.
User: refers to any person accessing and using the Site's functionalities.
2. Object
The purpose of these GCU is to define the terms and conditions of access and use of the Site.
3. Description of Services
DOC offers a Site where Users can :
- access Free Content by browsing the Site
- subscribe to DOC's free newsletters
- find out about the Paid Content offered for sale by DOC
- place Orders to access Paid Content.
Users wishing to place an Order via the Site are invited to consult the General Terms and Conditions of Sale.
4. Access to the Site and Services
4.1. General access
Access to the Site and the Free Content is free of charge, in principle 7 days a week, 24 hours a day.
In view of the nature and complexity of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring information data, the company uses its best efforts, in accordance with the rules of the art, to guarantee Users access to and use of the Site in optimum conditions, on a continuous basis, without interruption or error, in order to enable them to use the Services made available to them in the best possible conditions.
DOC cannot guarantee absolute accessibility or availability of the Site.
4.2 Equipment
Access to and use of the Site and the Services require the User to have an Internet-connected Equipment.does not provide Users with any hardware, telephone installation, software, terminal equipment or other means.
Use of the Site and Services may involve the transmission of data to and from the User's Equipment, which may give rise to pricing by the mobile operator for the use of data flows, independent of DOC.
4.3 Access to Services
To access and use certain Services, the User must first enter certain personal information, in particular his/her e-mail address.
The User undertakes to provide accurate information.
The information communicated by the User to DOC must not usurp the identity of a third party or another User, nor infringe any intellectual property right, in particular a trademark, company name or domain name.
In the event of subsequent changes to this data, it is the User's responsibility to update it. Failure to do so will result in the User no longer being able to provide the Service concerned.
As it is materially impossible to verify the accuracy or truthfulness of the information provided, the User acknowledges that the provision of any information that is erroneous, incomplete, misleading or does not comply with legal or regulatory requirements is likely to incur liability both towards other Users and towards third parties to whom such information may cause harm.
5. Limitation of access and use of Services
DOC regularly carries out maintenance and development work on its Site in order to ensure that the Services are up to date and functioning properly. In the context of these developments and updates, DOC reserves the right to temporarily or permanently close the Site, or to remove functions and/or options.
These operations may interrupt and prevent access to and/or use of the Services and the Site for a limited time, without prior notice, information or compensation. Insofar as possible,will endeavour not to make such access unavailable for an excessive period of time.
DOC is in no way responsible for any difficulties in accessing or using the Services resulting from updates and developments.
DOC reserves the right to add to or modify the Site and the Services available on it at any time, in line with technological developments.
It is the User's responsibility to ensure that the IT and transmission resources at his/her disposal are able to adapt to changes in the Site.
The TOS apply to new versions and updates.
6. Advertisements and hyperlinks
DOC reserves the right to broadcast advertising or promotional messages on its Site, either free of charge or for a fee.
It also reserves the right to set up hyperlinks on its Site, giving access to third-party sites. As the Company does not manage these sites, it has no control over their content and consequently declines all responsibility, by virtue of the activation of hyperlinks, for the conditions of access to these sites, their operation, the content of the information provided, the products, services or any other material available on these sites, as well as the conditions of use of Users' personal data by these sites.
Users who have a personal site and wish to place a simple link on their site to the Site's home page for personal use must obtain express authorization to establish such a link.
Under no circumstances may this authorization be construed as an implicit affiliation agreement.
In any event, hypertext links to the Site without the authorization of the latter must be removed at the first request of the latter.
7. Third-party service providers
DOC uses third-party software solutions to host the servers on which User data is stored and analyzed.
Under no circumstances shall the Company be held liable for any damage suffered by the User and resulting exclusively from the failings of these Third-Party Service Providers.
As these Third-Party Providers may interrupt access to and use of their solutions at any time and without notice, in order to carry out maintenance and/or updating operations. This may have the effect of suspending access to the Site and Services.
8. Responsibility of the User
The User undertakes to use the Site and its Services in accordance with the laws and regulations in force, with public order and morality, with the rights of third parties, and with the GCU.
The use made of the Site and its Services must not interfere with that of other Users; it is limited to the freely accessible parts of the Site, to the exclusion of parts to which access is reserved.
The User must ensure that his Equipment allows him to access the Site and the Services.
It is the User's responsibility to take all appropriate measures to protect his Equipment, data and/or software, in particular from contamination by malicious programs or intrusion by a third party into his Equipment.
9. DOC's responsibility
Without this list being exhaustive, DOC cannot be held liable in the event of :
- fault, negligence, omission or default on the part of the User, non-compliance with advice given ;
- a User's failure to comply with the GCU ;
- fault, negligence, omission or default of Third-Party Providers;
- misuse or failure of the User's terminals or Equipment;
- intervention of a third party not authorized by the User;
- force majeure, as recognized by the courts ;
- event preventing or delaying DOC from fulfilling its obligations and beyond its control.
DOC cannot be held responsible for any damage:
- the quality of the Site, the Site being offered "as is";
- disruption of use of the Site;
- the impossibility of using the Site;
- breaches of computer security, which may cause damage to Users' computer equipment and data;
- infringement of Users' rights in general.
The User is informed that access to the Site and Services is via the Internet and telecommunications networks. The User is warned that technical hazards may affect these networks and cause slowdowns or unavailability, making connection impossible.
As use of the Services requires computer hardware and access to the network, the Site's operation may be affected by the performance of any of these elements. Consequently, dene shall not be held liable in any such case.
Under no circumstances, and in particular in the case of a professional User, can the company be held liable for any indirect damage resulting from the use of the Services, such as material or immaterial loss, commercial loss, financial loss, including but not limited to loss of orders, profits or earnings, data, damage to brand image, or any commercial disturbance whatsoever.
Any action brought against the User by a third party is considered an indirect loss and therefore does not entitle the User to compensation.
DOC provides Users with general information, particularly concerning financial investment. DOC makes every effort to ensure that the information on its Site is up-to-date and reliable. All information made available to Users has been selected at a given date. It may require updating, which may not have taken place at the time of consultation.
This information does not take into account the objectives, experience, knowledge, financial situation or individual needs of any particular User, and is therefore not intended to be applied without prior in-depth examination of each User's individual situation by a professional. In no event will the company be liable for any direct or indirect loss or damage, incidental or consequential loss or damage, loss of profit or loss of opportunity which may be suffered by a User as a result of the use of the Site, the information contained therein or the appropriateness of decisions taken by Users solely on the basis of the information published on the Site.
10. Personal data
As part of the operation of the Site, we collect a certain amount of personal data concerning Users, either directly, when Users freely communicate their personal data, or automatically, as part of the use of our Services.
The rules and conditions under which data is collected and processed, as well as the extent of Users' rights, are specified in the Privacy Policy.
For data collected by Third-Party Service Providers, it is specified that their personal data protection policy applies, in compliance with the legal and regulatory provisions in force.
Some of the User's personal data may be collected via cookies placed on their terminal while browsing the Site. To find out more about the cookies used and the conditions under which they are deposited, Users are invited to consult the ade DOC Cookies Policy.
11. Intellectual property
The Site and all the elements making up the Services, including but not limited to the Site, structure, software, interfaces, databases, texts, sounds, still or animated images and functionalities, constitute original creations protected as such by copyright. They are the exclusive property of DOC or of third parties who have granted DOC a license.
Access to and use of the Site and Services, and in particular the creation of an account by the User, do not transfer ownership of any kind.
Consequently, the User undertakes not to take any action that might directly or indirectly infringe the intellectual property rights of DOC or of third parties who have granted him a license.
Any use not expressly authorized by these GCU is unlawful.
It is therefore strictly forbidden for the User to :
- any representation, dissemination or distribution of the Site, whether in return for payment or free of charge, and in particular any networking;
- any form of use of the elements of which the Services are made up and in particular the Site, in any way whatsoever, for the purposes of designing, producing, distributing or marketing similar, equivalent or substitute services and similar, equivalent or substitute user documentation;
- adaptation, modification, transformation, arrangement of the Site, for any reason whatsoever, including to correct errors;
- any direct or indirect transcription or translation of the Site into other languages;
- any use by the User for processing not strictly authorized by;
- any modification or circumvention of the protection code such as, in particular, access codes or identifiers, or any action intended to render inoperative the protection system integrated into the Site or any of its component parts.
Any breach by the User of these prohibitions constitutes an infringement liable to engage the civil or criminal liability of the infringer.
Any such breach will also result in the prohibition of use of the Site, as well as, where applicable, the termination of Services by operation of law and without notice by , without prejudice to any damages that may be claimed.
12. Full agreement and duration
These GTU and the GTC constitute the entire agreement between the User etc. concerning the use of the Site and supersede any prior agreement concerning the use of the Site. The GCU remain in effect for an unlimited period, unless modified or deleted by. In the event of modification of the GCU, they shall be immediately applicable.
13. Applicable law and jurisdiction
These TOU are governed by the laws of the United Arab Emirates.
IF THE USER IS A PROFESSIONAL, ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE VALIDITY, INTERPRETATION OR PERFORMANCE OF THESE TERMS AND CONDITIONS SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE ORDINARY COURTS OF THE UNITED ARAB EMIRATES, NOTWITHSTANDING PLURALITY OF DEFENDANTS OR THIRD PARTY PROCEEDINGS, EVEN IN THE CASE OF EMERGENCY PROCEEDINGS OR PROTECTIVE PROCEEDINGS, WHETHER IN CHAMBERS OR ON APPEAL.
IF THE USER IS NOT A PROFESSIONAL, IN THE EVENT OF ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE VALIDITY, INTERPRETATION OR PERFORMANCE OF THE GGU, THE COMPETENT JURISDICTION SHALL BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF COMMON LAW GOVERNING RELATIONS BETWEEN A NON-PROFESSIONAL ON THE ONE HAND AND A PROFESSIONAL ON THE OTHER.