Presentation of the website
Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is clear to the website users of the CAP RESEARCH site, identity of the various stakeholders within its implementation and follow up:
The owner: CAP RESEARCH LTD– Socota Phoenicia, Sayed Hossen Road, Solferino, Phoenix, MAURITIUS
The publisher: CAP RESEARCH LTD
The publisher is a physical or an ethical person
Webmaster: BQUAD LTD
Conditions of use of the website and the services offered
Use of the CAP RESEARCH website represents full and complete acceptance of the general terms and conditions of use set forth hereinafter. These terms and conditions of use may be modified or supplemented at any time and users of the CAP RESEARCH website are therefore encouraged to consult them regularly.
This website is normally accessible to users at all times. However, interruptions for technical maintenance may be decided upon by CAP RESEARCH, which shall, in this case, endeavour to inform users of the dates and times of the intervention beforehand.
The CAP RESEARCH website is regularly updated internally. Similarly, the legal notices may be changed at any time: they are nevertheless binding on users who are encouraged to refer to them as often as possible in order to familiarise themselves therewith.
Description of services provided
The purpose of the CAP RESEARCH website is to provide information concerning all the company’s business activities.
On the CAP RESEARCH website, CAP RESEARCH endeavours to provide information which is as precise as possible. However, it may not be held liable for omissions, inaccuracies and absences as regards updating, whether they are attributable to it or attributable to the third party partners which provide this information to it.
All the information contained on CAP RESEARCH website is provided as an indication and may change. Moreover, the information appearing on CAP RESEARCH website is not exhaustive. The data provided is subject to modifications having been made since it was put online.
Contractual limitations concerning Technical Data
The website may not be held liable for material damage relating to use of the website. Moreover, website users undertake to access the website using recent, virus-free equipment and using an updated state-of-the-art browser.
Intellectual Property and Infringement
CAP RESEARCH owns the intellectual property rights or holds the rights of use for all the elements accessible on the website, in particular, the texts, images, graphics, logo, icons, sounds and software.
Any reproduction, representation, modification, publication or adaptation of all or part of the website’s elements, regardless of the means or the process used, is forbidden without the prior and written authorisation of: CAP RESEARCH.
Any unauthorised use of the website or of any of the elements which it contains shall be considered as representing an infringement and prosecuted in accordance with the provisions of Article L.335-2 et seq. of the Intellectual Property Code.
Limitations of Liability
CAP RESEARCH cannot be held liable for direct and indirect damage caused to users’ equipment when logging on to the CAP RESEARCH website, and owing either to use of equipment which does not comply with the specifications set forth in point 4, or to the appearance of a bug or an incompatibility.
CAP RESEARCH cannot also be held liable for indirect damage (such as, for example, loss of a contract or lost opportunity) owing to use of the CAP RESEARCH website.
Interactive areas (questions can be asked in the contact area) are available to users. CAP RESEARCH reserves the right to remove, without prior formal notice, any content left in this area which may contravene to legislation applicable in France, in particular, to the provisions concerning data protection. Where applicable, CAP RESEARCH also reserves the right to invoke users’ civil and/or criminal liability, in particular, for cases of racist, offensive, defamatory or pornographic messages, regardless of the medium used (text, photograph…).
Management of Personal Data
In France, personal data is protected, in particular, by the Act no. 78-87 of 6 January 1978, the Act no. 2004-801 of 6 August 2004, Article L. 226-13 of the French Penal Code (Code penal) and the European Directive of 24 October 1995.
During use of the CAP RESEARCH website, the following information may be collected: The URL of the links via which the user logged on to the CAP RESEARCH website, the user’s internet service provider and the user’s internet protocol address.
In all cases, CAP RESEARCH only collects users’ personal information relevant for the purposes of certain services offered by the CAP RESEARCH website. Users provide this information in full knowledge of the facts, in particular, when they enter it themselves. In this case, users of the CAP RESEARCH website are informed of whether providing this information is obligatory or not.
In accordance with the provisions of Articles 38 et seq. of the Act no. 78-17 of 6 January 1978 on information technology, files and civil liberties, all users have a right of access, rectification and opposition in respect of their personal data, by making a written and signed request, together with a copy of an identity document with the signature of the holder of the document, specifying the address to which the reply should be sent.
No personal information concerning users of the CAP RESEARCH website is published without the knowledge of the user, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only on the assumption of a buy-out of CAP RESEARCH and the acquisition of its rights would enable said information to be transmitted to the potential buyer which would be, in turn, bound by the same obligation to keep and modify data vis-à-vis users of the CAP RESEARCH website.
The website has not been declared to the CNIL (National Information Technology and Civil Liberties Commission) as it does not collect personal information.
The databases are protected by the provisions of the Act of 1 July 1998 transposing Directive 96/9 of 11 March 1996 on the legal protection of databases.
Hypertext link and Cookies
The CAP RESEARCH website contains a certain number of hypertext links to other websites, added with the authorisation of CAP RESEARCH. Nevertheless, CAP RESEARCH is unable to verify the content of websites visited using these links and therefore does not assume any liability in this respect.
Browsing on the CAP RESEARCH website may lead to the installation of cookie(s) on the user’s computer. A cookie is a small file which does not enable the user to be identified but which records information concerning a computer’s browsing on a website. Data obtained in this manner is intended to facilitate subsequent browsing on the website and also to enable various measurements of traffic to be carried out.
Refusal to install a cookie may mean that certain services will be unavailable. Users may nevertheless configure their computers as follows in order to block the installation of cookies:
For Internet Explorer: Tools button / Internet options. Click on Privacy and choose Block all cookies. Click on Ok.
For Netscape: Edit menu / Preferences. Click on Advanced and select Disable cookies. Click on Ok.
Governing law and Jurisdiction
Any dispute relating to use of the CAP RESEARCH website is governed by French law. Sole jurisdiction is allocated to the competent Courts in Paris.
The Main Legislation concerned
Act no. 78-87 of 6 January 1978, in particular, as modified by the Act no. 2004-801 of 6 August 2004 on information technology, files and civil liberties.
Act no. 2004-575 of 21 June 2004 on confidence in the digital economy.
User: Internet user logging on to and using the abovementioned website.
Personal information: “information which enables, in any form whatsoever, either directly or not, the identification of the individuals to which it applies” (Article 4 of the Act no. 78-17 of 6 January 1978).