GENERAL TERMS OF USE

General

The following general terms of use (hereafter the “General Terms of Use” or “GTU”) governs the use of this website (hereafter the “Website”) as well as the use of the online services accessible through the customer portal (hereinafter the “Portal”) offered by TOMIA or by any other of its direct or indirect affiliated companies (hereinafter “TOMIA”).

TOMIA reserves the right to modify the present General Terms of Use at any time and at its sole discretion. The updated General Terms of Use will automatically apply to the use of the Website.

TOMIA will provide access to the Website and the Portal to Users on a 24/7 basis, subject to maintenance operations and limitations as mentioned in the present GTU. Any references to products or services on the Website does not imply that TOMIA intends to announce or offer these products or services in your country.

By accessing the Website, you signify that you have read and understood these GTU, that you agree to be bound by them and to have read our Privacy Policy, whether or not you are a registered user of our Portal.

Definitions

User” means any user using the Website and/or the Portal;

Data” means all data, including personal information transmitted to TOMIA in order to use the Website;

Party/Parties” means the User or TOMIA individually or together;

Software” means the computer programs and databases for the automatic processing of data which might be made available to Users by TOMIA in the framework of the use of the Website;

Technical Conditions” means the technical conditions and restrictions for using the Website and/or the Portal in terms of compatibility and interoperability.

Maintenance

By using the Website, you acknowledge and accept that TOMIA will perform maintenance operations of the Website and the Software and that interruption of access to the Website due to such maintenance operations shall not be deemed to be a faulty behavior of TOMIA according to these GTU.

WARRANTIES

By using the Website, you acknowledge and accept that the access to the Website is provided on an « as is » and « as available » basis for their use, without warranties of any kind, either express or implied.

By using the Website, you acknowledge and accept that the use of the Website is subject to Technical Conditions. You undertake to comply with these Technical Conditions.

By using the Website you confirm that you have the proper hardware in order to use the Website and agree not to use any device and/or undertake any action that might cause any damage to TOMIA.

By using the Website you recognize the characteristics of the Internet network, and agree that TOMIA shall not be liable in case of Internet Protocol system interruption due to an act of the Internet service provider or any act outside TOMIA control.

If you breach any of your obligations as described in these GTU, such as using the Website for illegal purposes, TOMIA may suspend or restrict your access to the Website or terminate any contract without prior notice.

RESPONSIBILITY

By using the Website you guarantee at all times that you will not use the Website in order to illegal purposes, such as:

  • undertake or promote illegal activities, or disseminate false or misleading information;
  • provide an illegal or unauthorized copy of works protected by copyright, patents and trademarks;
  • stimulate, induce or encourage the transmission of emails, chain letters, unsolicited mass mailing, instant messages, unwanted advertising messages or unsolicited mail;
  • promote or encourage any criminal activity or business, or provide guidance or instruction on how to promote illegal activities, invasion of privacy, dissemination or creation of computer viruses;
  • solicit passwords or personal information from other users for illegal commercial purposes;
  • distribute, reproduce, publish or modify material protected by copyright, trademark or other proprietary rights of third parties in any way without their prior consent.

TOMIA is not able to guarantee a continuous and permanent availability of the Website. TOMIA shall use its best efforts to provide the availability of the Website in the most efficient manner possible for the User, subject to maintenance periods.

As stated in the Maintenance section above, TOMIA reserves the right to interrupt the Website for maintenance operations. These interruptions may not result in any compensation for the User.

TOMIA shall not be liable for unavailability of the Website or Software or a loss of Data caused by your faulty act or omission.

More generally, TOMIA shall not be responsible in case of interruption or malfunctions of the Website due to:

  • Your non-compliance with these GTU, Technical Conditions or any of TOMIA recommendations.
  • Your inappropriate or illegal use of the Website;
  • Force majeure events;
  • Events depending on third parties such as telecommunications operators;
  • Your wrongful act or omission.

Whilst using the Website, you may have the possibility to click on links which will redirect you to third party service providers. TOMIA shall not be liable for the unavailability of such third party websites. More generally, TOMIA shall not be responsible for the functioning, the content or any other aspect of such third party websites or for any direct or indirect damage you may have due to following such a link to third party websites.

VIOLATION OF GTU

In case of a breach of your obligations under these GTU, TOMIA is entitled to terminate or suspend any access to the Website.

Suspension, termination, or cancellation of access to the Website due to the violation of your obligations in regard to the present GTU shall not entitle you to compensation of any kind.

INTELLECTUAL PROPERTY

The Software and the Website remain the sole property of TOMIA. The provision of access to the Website does not constitute a transfer of intellectual property rights to the User.

PROTECTION OF PERSONAL DATA

TOMIA acknowledges and works to comply with the laws and regulations governing the processing of personal data, in particular with the General Data Protection Regulation (EU) 2016/679 of the 27 April 2016 (GDPR) and any other national law or regulation governing the processing of personal data in connection with the provision of the Website.

To know our policy of protection of your personal data and your related rights, please read our Privacy Policy and our Cookie Policy.

GOVERNING LAW AND JURISDICTION

These General Terms of Use are governed by and construed in accordance with Luxembourg law or with the law of the country where the User has his/her habitual residence.

In case of dispute and if the Parties are unable to reach an amicable settlement of their dispute, they agree to submit any disputes arising from the conclusion, construction, performance or termination of these General Terms of Use to the Luxembourg courts or to the forum of the competent jurisdiction pursuant to the applicable rules of judicial competence for costumer if different.

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