Altereo informatique, a simplified joint stock company with a capital of €111,631, domiciled at 2 avenue Madeleine Bonnaud 13770 Venelles – France, registered in the Aix-en-Provence Trade and Companies Register under the number 489428318, provides to the community of water utilities and managers of drinking water networks a free service for the collection of drinking water network failures, hereinafter referred to as “Service”.
The purpose of these Terms of Service (hereinafter “TOS”) is to define the conditions of access and use of the Service, via the HpO® Viewer website and its mobile application HpO® Collect published by Altereo informatique. The TOS govern the relationship between Altereo informatique, the Manager and the User of the Service. HpO® is a registered trademark of Altereo informatique.
Any use of the Service implies the consultation and unconditional acceptance of these TOS. If the Manager does not accept the conditions of this contract, he/she will not be able to register or use the Service.
These TOS may be subject to occasional modifications. The applicable TOS can be consulted at any time at the following address:
The HpO® Viewer website: the application edited by Altereo informatique that allows the registration of a Manager, the designation by him/her of the mobile application’s Users and that gives access to the data collected by the Users.
The HpO® Collect mobile Application: the application edited by Altereo informatique that allows the collection of failures data by Users on Android or IOS terminals.
The Water Utility: means the entity in charge of the water supply on a given territory.
The Manager: means the authorised representative of the Water Utility.
The User: means any person identified by the Manager to access the Service via the HpO® Collect mobile application.
The Account: refers to the private space to which a Manager has access on the HpO® Viewer website via his personal login details.
The Personal Login Information: refers to the identifier and password used to authenticate the Manager when connecting to his Account on the HpO® Viewer website.
Content(s): means the failures data collected by the Users designated by the Manager.
The Manager must register on the HpO® Viewer website to obtain from Altereo informatique an authorization to access the Service.
Users are registered to the Service by the Manager who provides them the URL address of the web page allowing them to download the HpO® collect Application on their mobile device and then to register using a specific code, also provided by the Manager.
The use of the HpO® Collect mobile Application implies technical prerequisites which condition its proper functioning. The Administrator assures that he/she is aware of the prerequisites described in the Frenquetly Aksed Questions, accessible from the “Help” menu of the HpO® Viewer Website. It is the Manager’s responsibility to ensure that the Users’ mobile terminals comply with these requirements.
The Manager undertakes:
To provide his exact professional details (Surname, First name, position in the water utility, telephone, e-mail);
Not to communicate his password to a third party and not to do anything that could compromise the security of his Account; The Manager will bear the consequences that could result from the use of his login and password by unauthorised third parties who would have become aware of them; In case of loss or theft of his login information, the Manager undertakes to request a renewal of his password as soon as possible from the login page of the HpO® Viewer website.
In the event that the information provided by the User is incomplete or false, Altereo informatique may suspend or delete the Account, and refuse all current and/or future access to the Service.
The Manager is required to accept and install regular updates of the Mobile Application on the Users’ mobile devices in order to use the Service in the best conditions.
The Manager undertakes to inform Altereo informatique of any change concerning him or the Water Service.
Altereo informatique undertakes to the Registered Manager, in the context of an obligation of means, to provide access to the Service via the HpO® Collect mobile Application and the HpO® Viewer website and to make every effort, within reasonable limits, to remedy any malfunction brought to its attention.
Furthermore, as interruptions may occasionally occur on the Internet network and the computer systems used to access the Service, the Manager acknowledges and accepts that Altereo informatique cannot be held liable for any inconvenience or damage related to the use of the Internet network.
The responsibility for any Content (photographs, comments, etc.) collected on the HpO® Collect mobile Application by a User or by the Manager lies with him/her. This implies that he/she, and not Altereo informatique, is entirely responsible for the Content he/she collects.
Altereo informatique does not control the Content and therefore does not guarantee its veracity, integrity or quality. Under no circumstances and in no way can Altereo informatique be held responsible for any Content whatsoever. Nevertheless, Altereo informatique may, or shall, upon request of a judicial withdrawal, in accordance with the provisions of the law of June 21st, 2004, refuse, suspend, delete or move Content that would be obviously illicit.
The Manager and Users acknowledge and agree that Altereo informatique may retain the offending Content and communicate it, according to legal and regulatory requirements, or if, in good faith, such retention and communication should reasonably be necessary:
To comply with any legal process;
To protect the rights, property or safety of Altereo informatique, its users or the public.
B. Commitment to “good conduct”
The Service is conditional upon non-abusive use. Abusive use includes, but is not limited to:
Use of the Service for improper, fraudulent or unlawful purposes. The Manager and Users acknowledge that the violation of intellectual property rights constitutes an act of infringement, punishable by criminal or civil penalties.
The collection of degrading, defamatory, inciting to hatred, violence, threatening, pornographic, obscene, or containing gratuitous violence;
To rent or commercialize in any form whatsoever all or part of the Service;
Reverse engineer, decompile, disassemble, or modify the software used to provide the Service developed by Altereo informatique to create derivative works from it,
Use the Service in a way that disrupts or degrades its quality.
The Manager and the Users he/she designates are also obliged to ensure that the content (notably photographs) collected and uploaded as part of the Service, does not infringe on the privacy of other users or their relatives (authorization of image rights, secrecy of correspondence, etc).
Altereo informatique may suspend or terminate any Account in case of violation of the above provisions.
Altereo informatique reserves the right to interrupt the access to the Service immediately and without notice:
In case of use of the Service contrary to these TOS, to good morals and/or malicious to public order, laws and regulations in force.
This contract comes into force as of the User’s registration to the Service and will remain in force until it is terminated by the Manager or Altereo informatique.
A. Termination by the manager
Membership to the Service can be terminated by the Manager at any time by a simple request to unsubscribe made by email to Altereo informatique at firstname.lastname@example.org
The Manager will have 30 days to export his data in a standard digital format, from his Account. After these 30 days, the Manager may obtain reversibility under the conditions defined in the Reversibility article.
B. Suspension/termination by Altereo informatique
If Altereo informatique notices that the Manager and the Users he/she designates have not used the Service for a period of 6 consecutive months, Altereo informatique may terminate the Service and declines any responsibility for the loss of the Content of this Account.
The Manager will have the possibility to re-register for the Service afterwards.
The User expressly accepts that Altereo informatique, under certain conditions and without notice, may immediately interrupt, temporarily and/or permanently, access to the Service and to his/her Account, in particular in case of:
Difficulty relating to the illicit character of a content, in accordance with the provisions of article 6 of the French Law of June 21st, 2004;
Misrepresentation or usurpation of identity.
Altereo informatique reserves the right to suspend an Account as a precautionary measure, in order to analyse possible problems without prejudice to the responsibility of the Manager or Users, and cannot be held responsible for the consequences of such a suspension, especially regarding difficulties related to the conservation and storage of data. In addition, the Manager acknowledges that in the event of deletion of the Service, in particular for the reasons indicated above, Altereo informatique shall not be held liable to the Manager or to any other third party for the deletion of an Account or access to the Service.
The Manager and Users agree to:
Inform Altereo Informatique without delay in case of complaints or actions from third parties concerning the content;
In case of suspension or termination by Altereo Informatique, the latter commits to reversibility – within thirty (30) days – allowing the Manager to recover its Content in a standard digital format. Reversibility excludes any transfer of intellectual property of the software. Any request for reversibility must be made by email email@example.com .
It will be subject of a detailed estimate. The reversibility work will only be undertaken if the Manager accepts the estimate.
Personal data processed by Altereo informatique is subject to a declaration to the French National Commission of Information Technologies and Liberties (CNIL), in accordance with the provisions of the French Data Protection Act (Loi Informatique et Libertés) n° 78-17 of January 6th, 1978, for the purpose of managing customer relations. Consequently, the Manager has the right to access, modify, rectify or delete this personal data by simply contacting Altereo informatique by email at firstname.lastname@example.org
Altereo informatique will not disclose or resell to third parties any personal data related to the Manager. Subject to the provisions of article L 121-20-5 of the French Consumer Code, Altereo informatique may be required to communicate this information, in particular the names, surnames, contact details and email addresses of the Managers they designate, in the context of legal requests, in particular in the event of difficulties relating to Manager’s Content.
Altereo informatique guarantees that it holds all intellectual property rights allowing it to enter into this contract and that the software used to provide the Service is not likely to infringe on the rights of third parties. He also guarantees that this software is original and does not constitute in whole or in part either counterfeiting or unfair competition.
The Manager agrees to immediately notify Altereo informatique of any infringement of the software used to provide the Service that he/she is aware of. The Manager and the Users undertake to respect the proprietary notices appearing on the HpO® Viewer website and the HpO® Collect mobile application, subject of the present contract.
This contract does not grant to the Manager and Users it designates any intellectual property right on the HpO® Viewer website and the HpO® Collect mobile application, which remain the full and exclusive property of Altereo informatique, with the exception of a right to use the Service under the conditions provided herein. The Users shall refrain from any action likely to infringe on Altereo informatique’s intellectual property, whether patented and/or protected or not, and in general to Altereo informatique’s know-how in the field concerned by the Service.
The Manager retains the right to freely communicate the Content to any third party or to use it as he/she sees fit, subject to the respect of Altereo informatique’s rights on the HpO® Viewer website and the HpO® Collect mobile application.
Altereo informatique is expressly authorized by the Manager, free of charge and without any time limit, to freely use the Manager Content, in particular to improve the functioning and accuracy of the Service or for any scientific and technical purpose.
Altereo informatique guarantees that the Content managed by the Service is stored on servers located in France.
Altereo informatique will use reasonable skills and diligence to provide the Service and ensure the confidentiality of the Content stored within the Service, but, to the maximum extent permitted by law, Altereo informatique does not guarantee that the Content stored via the Service will not be subject to accidental damage, alteration, loss or removal.
Altereo informatique assumes no responsibility for such damage, alteration, loss or removal. It is the Manager’s responsibility to keep alternative and appropriate backup copies of its Content. To this end, Altereo informatique provides access, via the Manager’s Account, to a function for exporting Content in a digital format.
The Manager agrees to indemnify Altereo informatique for all losses and expenses incurred (including reasonable attorney’s fees) in the event of a complaint or claim initiated by any third party due to the Manager’s Content linked to his Account, his use of the Service, the violation of these TOS or the violation of any other rights of others. The Manager releases Altereo informatique from any liability.
This contract is governed by French law. In the event of a dispute concerning the interpretation or execution of this contract, the parties agree to submit to the amicable procedure defined below, prior to any referral to the competent court. Any dispute will be the subject, by the party who issues it, of a registered letter with acknowledgement of receipt, addressed to the other party specifying the reasons for the dispute. Within 15 days of receipt of this letter, the parties shall meet to attempt to reach an agreement. In case of agreement, an amendment to the present contract will be established.
If no agreement is reached within one month of receipt of the registered letter with acknowledgement of receipt, the competent court of the city of Paris may be seized at the initiative of the most diligent party.
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