General Terms and Conditions of Use
The following terms, whether used in the singular or plural, will have, in the context of these General Terms and Conditions of Use, the following meaning :
- "GTC" : refers to these General Terms and Conditions of use
- "Site" : refers to the "excel-pratique.com" site as a whole, including notably the website, its forum and any other service available on the Site
- "Excel-Pratique" : refers to the administrator who manages the Site
- "User" : refers to any person browsing the Site and/or using one of the Site's services
- "Member" : refers to any User who has created an account on the Site
The purpose of these GTC is to legally frame the terms and conditions for providing the Site's services and their use by the User.
The GTC must be accepted by any User wishing to access the Site. They constitute the contract between the Site and the User. The User's access to the Site implies their acceptance of these general terms and conditions of use.
In case of non-acceptance of the conditions stipulated in this contract, the User must renounce access to the Site. Excel-Pratique reserves the right to unilaterally modify the content of these GTC at any time. The User is required to regularly consult the GTC and to renounce the use of the Site in case of disagreement with them.
3. LEGAL NOTICE
The management of the Site is ensured by Mathier Solutions, Route de l'Argilly 4, 1981 Vex, in Switzerland (CHE-214.229.662).
The host of the Site is Infomaniak Network SA, 25 Rue Eugène Marziano, 1227 Carouge, in Switzerland.
4. ACCESS TO THE SITE
The Site is freely accessible in any place to any User with Internet access. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are at their expense.
The non-Member User does not have access to services reserved for Members. To access them, they must register to become a Member and then log in to the Site.
Access to the Site can at any time be interrupted, suspended, modified without notice for maintenance or for any other case. The User agrees not to claim any compensation following the interruption, suspension or modification of this contract.
5. INTELLECTUAL PROPERTY
All content on the Site is subject to copyright.
The User is not authorized to reproduce, publish or copy any content from the Site.
The User agrees to use the content of the Site for strictly private purposes. Any commercial use of the content is strictly prohibited.
6. MEMBER ACCOUNT
Certain services of the Site require registration to open an account and become a Member.
Before being able to open an account, the User must have read and accepted these GTC.
The User wishing to open an account declares to be of legal age and 18 years or older, and undertakes to provide accurate personal information and to keep it up to date.
Unless otherwise indicated, opening an account on the Site is free, however, the User agrees not to open more than one account per service available on the Site.
The account, which notably allows files to be proposed for download, is also usable on the "sheets-pratique.com" site. The User agrees to read the GTC of the "sheets-pratique.com" site and approve them before any use of their account on this site.
The Member is responsible for any activity that takes place on their account.
Excel-Pratique is entitled to delete any account at any time without having to justify or notify the User.
7. MEMBER PUBLICATIONS
The Member undertakes not to publish abusive, obscene, vulgar, defamatory, shocking, threatening, sexual content or any other content of an illegal or immoral nature.
All content posted by the Member is their sole responsibility. The Member guarantees that they have the necessary rights to publish any content on the Site and undertakes not to post content containing confidential information and/or that may infringe on the interests of third parties. Any legal action initiated by an injured third party against Excel-Pratique will be borne by the Member.
In return for the use of the Site, the Member grants Excel-Pratique a global, non-exclusive, transferable license that can grant a sublicense, giving Excel-Pratique the right to copy, store, correct, adapt and disseminate any content published and/or provided by the Member on the Site. This license is granted as and when the relevant elements are published, solely for the proper functioning of the Site.
The Member's content may be deleted or modified, in whole or in part, by Excel-Pratique at any time and for any reason. The Member does not receive any justification or notification prior to the deletion or modification of the User content.
8. PREMIUM MEMBER ACCOUNT
If desired, the Member has the option to opt for a paid Premium option for a period of 6, 12 or 24 months (1 month = 30 days), hereafter referred to as "Premium period".
The Premium option allows the Member to browse without advertising when they are logged into the Site (excluding advertisements displayed on Youtube videos).
The Premium option also adds several additional features that are not guaranteed (additional features can be added, modified or removed during the Premium period without entitling to any compensation, nor charging any extra in case of novelty).
The Premium option does not entitle to any privileged treatment on the forum and implies no guarantee of response to their questions on the forum.
In case of non-compliance with these conditions or inappropriate behavior on the forum, the Member's account may be deactivated or deleted by Excel-Pratique without entitling to any compensation for the lost Premium period.
The Premium period begins immediately after payment.
The Member is aware that a Premium period cannot be "paused" and that no refund of a Premium option, even partial, is possible.
The User has various tools that allow them to control cookies and similar technologies, including their Internet browser which allows them to block and delete cookies.
The User is aware that blocking cookies may impact the proper functioning of the Site and their user experience.
10. PERSONAL DATA
Excel-Pratique never sells or rents the personal data of its Members.
The personal data collected on the Site are intended for its own use by Excel-Pratique and may be transmitted to subcontracting companies to which Excel-Pratique may call upon in the execution of its services.
11. LIABILITY AND FORCE MAJEURE
The User assumes sole responsibility for the use of the information and content of the Site.
The User ensures to keep their password secret. Any disclosure of a password, whatever its form, is prohibited.
The User assumes the risks and consequences associated with the use of their username and password. Excel-Pratique declines all responsibility.
The User undertakes not to attempt to gain unauthorized access to the Site, network or associated systems, nor to seek to intercept data and/or disrupt or alter the integrity of the Site.
Any use of the service by the User resulting directly or indirectly in damages must result in compensation for Excel-Pratique.
An optimal guarantee of the security and confidentiality of the transmitted data is not assured by Excel-Pratique. However, Excel-Pratique undertakes to implement all means it deems necessary to best ensure the security and confidentiality of the data.
The responsibility of Excel-Pratique cannot be engaged in case of force majeure, unforeseeable and insurmountable fact of a third party or loss or theft of data.
12. DOWNLOADABLE FILES
Members have the option to publish files that could potentially pose a risk to the User (including, but not limited to, files containing macros).
The User is aware that they download the files available on the Site at their own risk.
Excel-Pratique can in no case be held responsible for any result or problem, direct or indirect, linked to the download of a file on the Site.
13. HYPERTEXT LINKS
Numerous outgoing hypertext links are present on the Site, however, the web pages where these links lead do not in any way engage the responsibility of Excel-Pratique who does not have control of these links.
The User is therefore prohibited from engaging the responsibility of Excel-Pratique regarding the content and resources related to these outgoing hypertext links.
14. CONTRACT EVOLUTION
Excel-Pratique reserves the right at any time to modify the clauses stipulated in this contract.
The duration of this contract is indefinite. The contract takes effect with respect to the User from the first use of the Site.
16. APPLICABLE LAW AND COMPETENT JURISDICTION
Swiss law applies to this contract.
The exclusive legal forum is Sion, Switzerland.