Terms of use of the website

Published on 09/25/17

Version 1.0

These website terms of use (the "Terms") govern users' dealings with the hamiltonapps.com website (the "Website").

YOU MAY USE THIS WEBSITE FOR COMMERCIAL PURPOSES IF YOU ARE A REPRESENTATIVE OF A COMPANY. IF YOU ARE A CONSUMER (THE USER), PLEASE DO NOT USE THIS WEBSITE.

AS A USER, YOU MUST READ THESE TERMS BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS AND TO COMPLY WITH ALL OBLIGATIONS SPECIFIED BELOW AND TO ASSUME ALL USER RISKS WITHOUT ANY EXCLUSION. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE. FOR THE AVOIDANCE OF DOUBT, IF YOU ARE A CONSUMER AND YOU USE THE WEBSITE DESPITE THE ABOVE NOTICE, YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO COMPLY WITH ALL OBLIGATIONS SPECIFIED BELOW.

1. General

1.1 This website is owned and operated by Hamilton Apps located at 32 bis Boulevard Haussmann - 75009 Paris - France, a brand owned by the HDS Group.

1.2 Hamilton Apps has the right to unilaterally amend and supplement these conditions. All amendments and supplements come into force as soon as they are published on the website. The user should check the updated version of the conditions from time to time.

1.3. All users have unlimited access to the Conditions published on the website.

2. Intellectual property rights

2.1. The Website and all of its contents are subject to intellectual property rights, including, but not limited to, text, images, photographs, charts, other images, video and audio recordings, software and components and source codes thereof, other copyrights, databases, trademarks and service marks, other logos and the composition and arrangement of such items on the website and the design, appearance, colour scheme and structure of the website (together, the content) are the intellectual property of Hamilton Apps or its licensors who have granted Hamilton Apps the legal right to use the intellectual property rights they own.

2.2 Hamilton Apps hereby declares that Hamilton Apps has exclusive rights or licenses to all Content. Unlawful use of the Content is subject to the penalties provided by law.

2.3. The user must respect without reservation the intellectual property rights of Hamilton Apps on the content.

3. Use of the website

3.1 Hamilton Apps hereby grants the user the non-exclusive right to access the website by opening it with a browser and to read the content. In addition, User has the non-exclusive right to
- Save to the hard drive of User's computer or print the Content or any portion thereof (except for the purpose of distribution or repeated copying) strictly for personal use limited to receiving information about Hamilton Apps' business applications and other services, except in the following cases: (i) the saved or printed material contains a notice prohibiting the actions mentioned; (ii) the user removes or changes copyright symbols or other intellectual property notices; or (iii) the user modifies or supplements the content in any way; and

  • Quote texts included in the content within the limits justified by a legal and fair quotation and subject to an obvious and noticeable reference to this website as the source of the quotation.

3.2. The rights set out in section 3.1 above are granted to the user personally. These rights are non-transferable and may not be sub-licensed.

3.3. The rights specified in section 3.1 above are granted on the condition that the user complies with all the provisions of these conditions. The user will lose these rights immediately in the event of a breach of any section of these terms.

3.4. The user must not
- Copy or reproduce the content, except as specified in point 3.1 above;

- Distribute, translate, remake, modify, adapt, decompile and decode the Content in any way;

  • create web resources that are confusingly similar to the website or content;
  • Access the system settings of the website or any part of it that is not intended for users;
  • to perform any action with the source code of the website;
  • bypassing the website's navigation system and performing other actions to prevent the website from functioning incorrectly (in an emergency) on the user's computer or on the server;
  • bypassing antivirus, firewalls and other website and hosting security tools;
  • monitor the actions of other users of the website and attempt to identify them;
  • Search the website for system errors and any other vulnerabilities and take any action to illegally use these vulnerabilities (if detected);
  • take any action to interfere with the operation of the website, including, but not limited to, repeatedly reloading web pages and using software that falsely increases traffic to the servers to an emergency level;
  • Include the Content or any portion thereof in any copyrighted or other proprietary complex without the prior written consent of Hamilton Apps;
  • publicly display, disseminate, including by cable, and make available to the public the content or any part thereof without the prior written consent of Hamilton Apps ;
  • commit any action in contravention of the laws of the user's state of residence; and
  • Hamilton Apps has the right to suspend or terminate access to the website or any part thereof at any time without notice.

4. Information about Hamilton Apps

4.1. The website does not contain any public offers or other clauses obliging Hamilton Apps to provide services, commercial applications or to enter into a business relationship with the user.

4.2. The website is to be used for information purposes only. The website contains a general description of Hamilton Apps, the commercial applications and other services. This description may be updated from time to time at the discretion of Hamilton Apps. Hamilton Apps always refers to the source of the quotation if a third party is quoted on the website.

4.3. The website may contain information about commercial applications and other services that are not available in the user's country of residence. Hamilton Apps informs the user in advance that the description of the functionalities and configuration of the commercial applications and their names may differ from country to country.

4.4. If the user decides to use the information published on the website to plan his/her own business operations, he/she does so at his/her own risk.

4.5. The website contains information about Hamilton Apps' subsidiaries and affiliates around the world. These entities can provide the user with more detailed information about Hamilton Apps' business applications, services and other operations.

5. External links

5.1. The website may contain hyperlinks to third party websites. Hamilton Apps accepts no responsibility for the content of these websites and the user follows the hyperlinks at his/her own risk.

6. No Guarantee

6.1. 6.1. HAMILTON APPS MAKES EVERY EFFORT TO ENSURE RELIABLE PROTECTION OF THE WEBSITE AGAINST PIRACY AND ILLEGAL ACTIONS OF THIRD PARTIES. HOWEVER, HAMILTON APPS DOES NOT GUARANTEE THAT THE WEBSITE IS FREE OF VIRUSES OR FILES THAT COULD DAMAGE THE USER'S COMPUTER AND DATA AND THAT POSSIBLE ILLEGAL ACTIONS OF THIRD PARTIES WILL NOT DAMAGE THE USER'S COMPUTER AND DATA. HAMILTON APPS ALSO DOES NOT GUARANTEE THAT THE WEBSITE CAN WITHSTAND ALL HACKING ATTACKS AND THREATS TO INFORMATION SECURITY.

6.2. THE USER MUST ACCESS THE WEBSITE AS IS, I.E. THE USER IS NOT ENTITLED TO ANY GUARANTEE OF STABLE OPERATION OF THE WEBSITE. IN PARTICULAR, HAMILTON APPS MAKES NO WARRANTY THAT : (I) THE WEBSITE WILL FUNCTION WITHOUT ERROR AND THAT THE WEBSITE WILL BE DISPLAYED CORRECTLY ON THE USER'S COMPUTER; (II) THE CONTENT WILL BE FREE OF INACCURACIES, ERRORS AND MISPRINTS; (III) THE CONTENT WILL INCLUDE COMPREHENSIVE INFORMATION ABOUT HAMILTON APPS' BUSINESS APPLICATIONS AND SERVICES; (IV) THE USER'S COMPUTER AND SOFTWARE WILL BE FULLY COMPATIBLE WITH THE WEBSITE AND THE CONTENT; (V) THE INFORMATION PUBLISHED ON THE WEBSITE WILL MEET THE USER'S REQUIREMENTS; (VI) THE PRINTOUTS OF THE CONTENT WILL BE IDENTICAL TO THE CONTENT ONLINE; (VII) THE WEBSITE WILL NOT CONTAIN ANY INFORMATION THAT MAY BE PROHIBITED OR RESTRICTED FROM BEING ACCESSED BY THE USER UNDER THE LAWS OF THE USER'S STATE OF RESIDENCE; (VIII) THE WEBSITE WILL NOT CONTAIN ANY INFORMATION THAT MAY BE CONSIDERED BY THE USER TO BE FALSE, INCOMPLETE, OR OFFENSIVE TO THE USER OR ANY THIRD PARTY; AND (IX) THE USER WILL HAVE UNFETTERED ACCESS TO THE WEBSITE. HAMILTON APPS HEREBY DISCLAIMS ANY OTHER WARRANTY.

7. Limitation of liability

7.1. HAMILTON APPS ACCEPTS NO RESPONSIBILITY FOR THE ACTIONS OF THE USER, THE MALFUNCTIONING OF THE WEBSITE, VIRUS ATTACKS, INACCURACY OR INCORRECTNESS OF THE CONTENT, INTERRUPTIONS IN ACCESS TO THE WEBSITE, DAMAGE TO THE USER'S COMPUTER AND DATA FOR ANY REASON WHATSOEVER AS WELL AS DIRECT OR INDIRECT LOSSES AND SUBJECTIVE RISK THAT THE USER MAY SUFFER IN CONNECTION WITH THE USE OF THE WEBSITE OR THE MERE FACT OF PROVIDING PUBLIC ACCESS TO THE WEBSITE VIA THE INTERNET.

8. Privacy

8.1. The personal data of the user is confidential information. Hamilton Apps will handle this data in accordance with the personal data policy.

9. Violation of these conditions

9.1. The user is liable for any breach of these terms in accordance with applicable law (see section 10 below) and the laws of the user's state of residence.

10. Applicable Law

10.1. The present conditions are governed by the laws applicable in France.

11. Feedback

11.1. All questions regarding the operation of the website, including infringements of copyright and related rights, should be addressed to contact@safeware.fr or sent by regular mail to Hamilton Apps - 32 bis, Boulevard Haussmann - 75009 Paris - France. Messages can also be submitted through the feedback form.