General Terms and Conditions for Use


The present General Terms and Conditions for Use define the rules and obligations that users and contributors must adhere to when using the communication forum provided by SOMFY on the website forum.somfy.co.uk 

Use of the website forum.somfy.co.uk, and more precisely the part of the website devoted to the platform, requires full and entire acceptance of the present General Terms and Conditions for Use. 

These Conditions for Use may be amended or completed at any time; users of the SOMFY website and the service are therefore invited to consult them on a regular basis. 

The SOMFY website is regularly updated by SOMFY. Similarly, the legal information may be amended at any time: this is binding on the user who is invited to consult it as often as possible to ensure he/she is aware of it.

 

I- TERMINOLOGY

The following terms are defined and understood as such in the present Conditions for Use

Certification: The team reserves the right to support an answer provided by the community, thereby certifying its accuracy

Editor: Any user who provides a contribution/message published through the support community 

User: Any registered physical person who voluntarily interacts on the platform. 

Moderation: Moderation is conducted a posteriori, i.e. after publication. The moderation team reserves the right to remove your messages if it deems necessary. Moderation concerns: any message contrary to public order or the accepted principles of morality, of an abusive, defamatory, racist, sexist or xenophobic nature, prejudicial to the honour or reputation of others or threatening a person or group of persons, as well as verbal assaults, gratuitous mockery or vulgarities. This platform is a forum for discussion and sharing information relating to SOMFY, where conviviality and respect for others is paramount.

No spam: No advertising, commercial aggression or “spamming” (posting the same message more than once can be equated to spamming) in this community forum. Promote your own messages instead!

Respect: Each user must respect the other contributors and the diversity of opinions necessary to foster the community.

Responsibility: Each editor retains full responsibility for his/her comments which reflect his/her views alone. It is recalled here that the content of the messages/contributions may expose the author to civil or criminal liability. Any message or element of a message (alias, signature, etc.) referring or belonging to a legal entity may be rejected or amended by right in order to remove this reference.

Service: Community platform providing a forum for discussion and sharing.

Transparency: The team guarantees direct discussion open to all and knowledge-sharing in complete transparency.

Top contributor: A platform user is designated as a “top contributor” according to a range of criteria including the accuracy of the answer provided, involvement on the platform and the regularity of interventions.

Yellow’s: A SOMFY employee interacting on the platform in his/her field of expertise by answering questions.

 

II - PURPOSE 

The aim of the platform is to promote dialogue between the SOMFY spokespeople and the community of Somfy product users in a convivial forum open to all.

SOMFY provides this forum for dialogue subject to use in accordance with the present conditions and in compliance with the laws and regulations in force. The user is reminded here that, due to the international nature of the Internet, each user must comply with the laws and regulations in force in his/her country of residence.  

This platform is a public information space, the aim of which is to enable the user to find answers to questions and to submit questions to the community and to SOMFY directly.  Contributions must comply with the principles of the present Conditions for Use and are subject to a posteriori moderation.

The aim of this platform is in no way to replace the existing SOMFY customer services and thus the contributions, messages and other writings can in no way expose SOMFY to any liability, despite the a posteriori moderation implemented where necessary.

 

III / USER GUIDE – OPERATING MODE 

The website is a public space open to all enabling you to find an answer to your questions in only a few clicks of a mouse and to submit questions to SOMFY contact partners directly.

A – Access to, registration for and management of the service.

Register: indicate your surname, first name or alias along with a valid e-mail address OR connect via your Facebook account using the “FacebookConnect” form

When you complete the registration form: you must be an adult; you undertake to complete the form correctly and, in particular, only to communicate accurate, complete and up-to-date information. In particular, you undertake not to use an alias in your electronic address which could violate the rights of third parties (especially use of a family name, pseudonym, another’s trademark or works protected by copyright and/or related rights) for any reason and on whatever grounds;

At the end of this registration procedure, your user account will have been created and you will receive confirmation by e-mail;

You can delete your account from the community platform at any time by accessing your profile page. Click on your surname & first name once connected. In the Action section, click on “Delete your profile”. All the data relating to your profile (fields of the registration form: e-mail address, surname, first name, password, avatar, postcode, about) will automatically be deleted.

For information concerning SOMFY’s personal data protection practices, please consult our confidentiality policy  

 

The content posted will remain available to ensure the community continues to function correctly. All content relating to your posts will be made anonymous if your account is deleted.

You acknowledge that this user account is the equivalent of your identity card with regard to the service. It is therefore your responsibility to update and maintain the information relating to your user account as presented in your public profile;

You are solely responsible for protecting the confidential nature of your accounts and password and for any actions which could be undertaken in your name when this information is used;

You undertake to take all necessary measures to maintain the confidentiality of your user account and to inform SOMFY immediately of any fraudulent use of this account by third parties;

SOMFY cannot be held liable for any loss of data or any damage resulting from failure to comply with these obligations;

B – Finding and drafting questions/comments

Find your answers / Ask a question  / Express yourself 

Ask your questions: before asking a question, check that it corresponds to the theme selected; questions asked by video must not last more than one minute and thirty seconds;

When you ask a question, you can receive a notification by e-mail indicating each answer posted or the arrival of the SOMFY-certified answer.

Find your answer: find the best answers to your question via the intelligent search engine available to you by typing the keyword(s).

Answer questions: share your knowledge concerning SOMFY and its products and become one of our top contributors on the platform.

Vote: by means of a “yes” or “no”, you can support, or not, a SOMFY-certified answer provided by the platform team in order to give it a satisfaction rating.

The blogs, forums, chats and all virtual discussion areas are public assemblies. Your comments are accessible to everyone. Please bear this in mind. You undertake not to post elements on the platform such as websites or links, messages, images, texts, videos, sounds or animations which could tarnish the image of SOMFY or which do not comply with French legislation;

When present in the public forums, you are free to discuss all topics of interest to you relating to SOMFY in accordance with the rules of propriety, courtesy and respect for others;

You undertake not to use our service to:

-     Violate anyone’s rights in any way;

-     Transmit or send any content that is illegal or which could, without limitation, seriously violate human dignity or constitute an incentive to commit crimes, offences, defamation or insults; to violate privacy; or to perform acts endangering minors, in particular by manufacturing, transporting or disseminating messages which are violent or pornographic in nature or an incitement to discrimination, hatred or violence due to race, ethnicity or nationality; which challenge the authority of justice; which provide information relating to trials, suicide or an individual tax situation; and which are disseminated outside the authorised conditions of surveys and voting simulations relating to an election or referendum;

-  Transmit any message the content of which you are not authorised to disseminate, in particular by means of a legislative measure or a legal act (especially information that is, without limitation, internal, privileged, confidential or learned/divulged within the framework of a work contract or confidentiality agreement);

-  Transmit any message the content of which would violate any intellectual property right, and in particular any patent, registered trademark, trade secret or any other right belonging to a third party;

-  Transmit any unsolicited or unauthorised promotional message (transmission of “junk mail”, chain letters or any other form of solicitation, commonly known as spam)

-  Transmit any message containing, without limitation, computer viruses or any other code, file or program designed to interrupt, destroy or limit the functionality of any software, computer or telecommunication tool;

-  Interrupt the normal flow of dialogues, accelerate the scroll speed of the screen such that the users are unable to follow and type their dialogue, or to perform any other action resulting in a similar disruptive effect hampering the ability of the users to communicate;

-  Violate, either intentionally or otherwise, any national or international law or regulation in force as well as the restrictions contained in the present user guide;

-  Harass another user or other users in any way whatsoever;

-  Provide information referring to other websites (either by the creation of hyperlinks or simply by providing information) the content of which could violate any law or regulation in force, and in particular could violate the rights of people and goods and/or intellectual property rights;

-  Make statements injurious to the SOMFY brands, image and reputation;

-  Disseminate or spread rumours;

-  Serve promotional purposes and, in general, to propose products and services from which you derive financial gain, either directly or indirectly;

-  Collect and stock personal data relating to other users;

-  Divert it from its specific aim, in particular for the purposes of religious or political propaganda;

In the event of non-compliance with these rules and uses, the platform team reserves the right to exclude the offender. More specifically, depending on the seriousness of the violations committed by a user in relation to the rules listed in the present Conditions for Use, the SOMFY team can, at its own discretion, decide to block, temporarily, or to delete the account in question. Where applicable, the users will be informed by e-mail of the measures taken against him/her;

C – Access to the service and availability

Access to the dialogue platform requires an operational Internet connection. Exercising no power or responsibility over the connection chain in the Internet network, SOMFY will make every effort to provide access to the service at any time, without for all that having any obligation to succeed.

SOMFY can nevertheless decide to interrupt the service on technical maintenance grounds. 

Use of the service implies a knowledge and acceptance of the characteristics and limitations of Internet, in particular concerning the risks of contamination by any viruses circulating on the Internet;

It is therefore the responsibility of each user to take appropriate measures to protect his/her own data, IT systems or software from these different risks. The user accepts that SOMFY can in no event be held liable for any accidental direct and/or indirect material and/or immaterial damage which could be sustained as a result of accessing or using the website, including inaccessibility, loss of data, deterioration, destruction or viruses which could affect the user’s computer equipment;

Furthermore, any material downloaded and/or obtained by any means whatsoever when using the website is obtained at the user’s own risk. SOMFY will in no way be held liable for damage and/or loss of data sustained by the user’s computers;

SOMFY reserves the right to shorten, postpone, alter, extend, interrupt or purely and simply cancel the service at any time and without notice if the circumstances require it, in particular in circumstances representing an act of God or an unforeseeable occurrence, on technical, update or maintenance grounds;

SOMFY cannot be held liable in these cases;

SOMFY also declines all liability in the event of incorrect use or an incident relating to the use of the computer, Internet access or the maintenance or malfunction of the servers, telephone line or any other technical connection;

D – Posting, editing and moderating content:

This service can be moderated a posteriori. You acknowledge that you understand the purpose of the service and you undertake to comply with the normal use thereof. 

The team of moderators ensures that your contribution relates to the topics proposed on the platform and complies with the laws and regulations in force;

The publication of content supplied by users is in no way a right; SOMFY remains entirely free to remove this content in accordance with its editorial responsibility without prior justification;

In particular, SOMFY reserves the right to remove the publication of messages which are contrary to public order or the accepted principles of morality, violent, racist, revisionist, which condone war crimes, which are abusive or vulgar, in breach of copyright or related rights, the law applicable to databases, trademark law, image rights or privacy law, and which violate any other legal or regulatory provision in force or which would be repetitive and of an advertising or promotional nature;

SOMFY reserves the right to communicate links to the official store in order to satisfy requests made by visitors. Any post containing an external link may be deleted without notice.

Notwithstanding this caveat, you understand and accept that the dissemination of this content is public and non-secret. Consequently, your content can be read by other people without your being notified. You must therefore exercise caution with regard to the information you publish on the dialogue forum, and in particular with regard to any personal identification information relating to you or your entourage, in particular your family;

Any message published nevertheless remains under the responsibility of the author who is the editor;

Readers can ask for any contentious message posted on this platform to be checked by reporting the post. 

If you note any offences or abuse in the use made of the service, it is your duty to report this using the “NOTIFY” button.

E - The specific rules of the discussion platform with SOMFY employees:

 The SOMFY employees assigned to this service answer in person the questions asked by web users;

The answers to the questions receiving most votes, from the twentieth vote, depend on the availability of each employee concerned;

For questions addressing the same topic, SOMFY reserves the right to redirect web users to answers already posted;

SOMFY reserves the right not to publish questions deemed irrelevant to the field of expertise of the operatives involved;

SOMFY reserves the right to group questions relating to similar topics and to answer them in a single message;

F – Intellectual property

1 - Ownership of the website and the forum 

This website, the forum and the information they contain are protected by copyright. As a result, the user is prohibited from violating the intellectual property rights of SOMFY and/or third parties in any way whatsoever.

SOMFY holds all the applicable intellectual property rights to the structure and content of the website (particularly texts, logos, photographs, images, graphics, audio elements, software, icons, layout, databases) or regularly acquires the rights enabling it to operate the structure and content of the website, without any limitation, with the exclusion, however, of contributions from users.

SOMFY grants the User the right to use the website for his/her strictly personal needs; any use of the website for profit or gain is excluded. With the exception of the rights granted above to the user, it is specifically prohibited to copy, reproduce, represent, modify and/or use, in any way and for any purposes whatsoever, all or part of the structure and content of the website.

Trademarks held by third parties: Any other trademarks cited within the community belong exclusively to their holders

The failure to respect these prohibitions may constitute an act of counterfeiting and/or of unfair competition or free-riding, engaging the civil and/or criminal liability of the User.

2 - Ownership of contributions

SOMFY does not acquire any property right over the User's Contributions. However, for the exclusive requirements of the website and the forum forum.somfy.co.uk, and/or to keep these up to date, the user grants SOMFY the exclusive right, without restriction and without any monetary consideration, to reproduce, represent, adapt, translate, copy, re-edit and, more generally, to use the contributions and the information provided by the User under the conditions defined below:

1. reproduce, represent, re-edit, copy or use all or part of the content on any digital recording medium, current or future, and specifically on any server, hard drive, or any data storage medium, either temporarily or permanently;

2. adapt and translate the content, and reproduce these adaptations and translations on any digital recording medium, current or future, and specifically on any server, hard drive, or any data storage medium, either temporarily or permanently.

The user also grants SOMFY the right to use the user’s surname, first name and alias in relation to his/her contributions.

IV -  APPLICABLE LAW AND JURISDICTION:

If any part of the stipulations of the General Terms and Conditions for Use were to prove to be illegal, invalid or inapplicable for any reason whatsoever, the term or terms in question would be declared non-existent and the remaining terms would retain their full force and scope and would continue to apply. The terms declared non-existent would be replaced by a term or terms, the content of which would be as similar as possible to the clause previously expunged.

The present General Terms and Conditions for Use are subject to French law. Any disagreement or dispute referring in particular to the application, execution, interpretation or validity of the General Terms and Conditions for Use and/or the use of the service which cannot be settled out of court will be submitted to the relevant courts.

VI - PUBLICATION MANAGER

Mr Jean-Loup CASTELNAU

VII - WEB HOST

This community service is provided by the company Somfy and hosted by DIMELO SA - 32, rue de Trévise - 75 009 Paris, tel. +33 (0)1 77 37 27 57

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