General Terms of Use
1. Purpose
These General Terms of Use (hereinafter the "GTU") aim to define the conditions for using the publicly accessible website at the following URL https://tbso.com, including all its subdomains, redirects, interfaces, member areas, mobile or web applications directly operated by the Company (hereinafter the "Website") of TBSO, a supervisory board partnership limited by shares (SCA), with registered office at 10 Rue de la Bourse, 75002 Paris, registered with the Paris Trade and Companies Register under number 562 076 026, and represented by its current Chairman (hereinafter the "Company").
This Website is intended to:
- provide Users with information related to the Company's activities, news (events, publications, etc.) as well as the services it offers.
- offer features and/or information enabling users to contact the Company and present the services offered by the Company, projects completed and planned, as well as the team working on these projects;
The Company also manages social media pages presenting its activities, allowing it to publish content and interact with internet users (notably on LinkedIn, Instagram, X (formerly Twitter), YouTube, etc.).
2. Scope
These GTU apply without restriction or reservation to the use of the Website made available to Users.
Use of the Website implies full and unconditional acceptance of the GTU.
The present GTU are accessible at any time on the Website and shall prevail, if necessary, over any other version or conflicting document.
These GTU may be modified at any time to take into account technological evolutions and Users' expectations.
Users of the Website are therefore invited to consult them regularly to stay informed.
3. Website
The information contained on the Website has no contractual value and is provided for informational purposes only. The Company reserves the right, at any time and without prior notice, to modify its characteristics. In any case, this information cannot be interpreted as investment advice, solicitation or an offer to buy or sell any product or service.
The information on this Website cannot be considered a public offer, solicitation, investment advice, or canvassing from the Company towards the Website Users.
The services and products presented on the Website may be subject to restrictions in certain countries or towards certain persons. However, any Website User must verify beforehand, if applicable with their usual advisors, that they are entitled to subscribe to the services and products presented considering their fiscal and legal status.
By using the Website, the User formally accepts these GTU.
4. Warnings
The information on the Site has no contractual value and is provided solely for informational purposes. The content broadcast on the Site and made available to Users is general, informative, and non-contractual in nature (the "Warning").
By using the Site operated by the Company, the User expressly acknowledges having read this Warning.
The Company reserves the right, at any time and without prior notice, to modify, suspend, or remove all or part of the Site's content.
The information contained on this Site and directly addressed to Users cannot be considered solicitation by the Company towards Site Users, who expressly and priorly consented to receive information and/or newsletters from the Company (the "Newsletter(s)") by subscribing pursuant to Article 5 of these Terms.
Users acknowledge and accept that the consent thus given may be used, exploited, and processed not only by the Company but also by any entity it controls or which controls it under applicable regulations (the "Group") for the purpose of sending information, commercial or institutional communications, or Newsletters related to the activities, products, or services offered by Group entities.
The related contents may be subject to restrictions in certain countries or toward certain persons. Nevertheless, any Website User must verify beforehand, if applicable with their usual advisors, that they are entitled to subscribe to the services presented considering their fiscal and legal status.
5. Communications to Users
By providing their email address on the Site, the User expressly consents to receiving the Newsletter disseminating information related to news, products, and services of the Company as well as any other company belonging to the same Group, under applicable regulations.
In accordance with applicable law, within these communications, the Company commits to providing clear, precise, and non-misleading information and to making its best efforts so that no presentation, omission or wording can mislead the User regarding the nature, characteristics, or conditions of the presented services, products, or activities.
6. Unsubscription
The User can unsubscribe at any time either by using the unsubscribe link included in each communication or by contacting the team directly at society@tbso.com. Their unsubscription request will be processed promptly, and the User will cease to receive any communication from the Company and/or the Group once completed.
7. Respective Obligations of the Parties
The Company is obliged to comply with the terms and conditions stipulated in these GTU. The Company provides the User with the Website, including access to it, and therefore has an obligation of means.
Specifically, the Company strives to maintain Website accessibility.
The User has ensured that the Website and its services meet their needs, correspond to their expectations, and that they have the necessary competences and knowledge, notably technical and financial, as well as the required IT environment to properly use the Website.
The User must comply with the terms and conditions of these GTU. The User alone is responsible for their use of the Website and services.
The User must use the Website and services in compliance with applicable laws and regulations and shall not use the Site for unlawful or illegal purposes, nor for purposes other than those for which the Site is made available.
The Site may provide Users with exchange or discussion spaces (the "Communication Spaces"). The User agrees to use these Communication Spaces fairly, lawfully and according to their purpose, and not to post any unlawful, offensive, defamatory, misleading, harmful, commercial, advertising content or content infringing third party rights, notably intellectual property, privacy, or security.
The Company cannot be held responsible for content posted by Users in the Communication Spaces and reserves the right, at its sole discretion, to remove any content or suspend a User's access in case of breach of these GTU or applicable law, without prejudice to any action or remedy it may initiate or seek.
In case of non-compliance with these GTU by the User, the Company reserves the right to temporarily or permanently interrupt their access to the Website.
8. Liability
Information provided on the Website is given for indicative purposes only and without any guarantee, errors and omissions may occur. The Company cannot be held liable. Such information, including pricing indications for example, may be modified or updated without prior notice.
Likewise, external hyperlinks set up within this Website and content from third-party sites they point to cannot engage the Company's liability.
The User uses the Website at their sole responsibility.
Under no circumstances shall the Company be liable for any damages of any kind, direct or indirect, resulting from the content or use of this Website and/or any related sites (including access or inability to access any such site), including but not limited to loss of business, financial or commercial loss, loss of programs and/or data particularly in the User’s information system.
9. Personal Data Protection
The Company undertakes to ensure the security of personal data it may collect and store.
The processing of information communicated through the Website complies with legal requirements regarding personal data protection, with the information system used ensuring optimal protection of these data.
The User has, under applicable national and European regulations, a right to permanent access, modification, rectification, opposition, portability, and processing limitation concerning their personal information.
This right may be exercised under the conditions and modalities described on the Website [•].
10. Cookie Management Policy
During browsing and interactions on the Website, cookies, tags, pixels or other trackers or similar technologies ("Cookies") may be installed on the User's computer or device subject to the choices and options expressed or that can be expressed at any time by the User following this cookie management policy.
A Cookie is a small file for storing and retrieving information, generally consisting of alphanumeric characters, deposited by a web server on the User's computer or electronic device to send state information to the browser and receive such information back from the browser.
Cookies typically gather information on the User's browsing habits, computer or device to improve the content and service offered by the Website, monitor site traffic, and provide Users with personalized services.
Each Cookie is assigned an anonymous identifier. A cookie does not identify a physical person.
Deposit of a Cookie on a device and reading of this Cookie via the Website are, in principle, subject to the User’s consent, i.e., a free, specific, informed, and unambiguous indication of the User's wishes agreeing to this purpose.
When the User visits the Website, the Company may install, subject to the User’s acceptance, different cookies:
- Session Cookies, which disappear once the User leaves the Website;
- Persistent Cookies, which remain on the User’s device until expiration or deletion via browser functions;
- Statistics Cookies (measuring Website audience).
In compliance with applicable cookie regulations, upon first connection to the Website, the User is free to accept the Website's Cookies. The choice (full consent, partial consent, or refusal) will be retained for six (6) months, after which the User will be asked again to consent (or not) to the installation of such cookies.
The Company informs the User of their right to oppose Cookie storage by following the procedure described in the "Your cookie choices" section below.
Note that if the User decides to uninstall a Cookie or opposes its installation on their device, some Website features, pages, or areas may be unavailable, for which the Company cannot be held responsible.
The User may accept Cookies on their device and change this decision anytime by modifying their internet browser settings. Depending on the browser, the User may:
- Accept or reject Cookies from all sources or from specific origins, or
- Set a message prompt requesting User agreement every time a Cookie is deposited.
To express or revise these choices, the User is invited to refer to the help menu or the dedicated section of their browser.
Cookies themselves are not personal data. However, they may lead to collection of personal data and thus require data processing.
In this respect, the User is informed that consenting to the installation of Cookies implies their consent for the related purposes to personal data processing concerning them collected this way, including possible large-scale processing and cross-referencing of data from various sources.
For all information regarding the Company's personal data processing, notably processing of personal data collected via Cookies integrated on the Website, the User is invited to consult the Company's privacy policy: https://tbso.com/politique-de-confidentialite.
11. Intellectual Property
The Website’s overall structure, templates and skeletons used, as well as the information, pictograms, photos, images, texts, and other documents composing or accessible via the Website are subject to intellectual property laws, with the Company owning or holding exploitation rights for this Website.
Accordingly, any reproduction, representation, adaptation, translation, and/or transformation, partial or entire, of the Website or any of its components by any process whatsoever without prior written authorization from the Company is prohibited, constituting an infringement subject to civil and/or criminal liability under Articles L.335-2 et following of the Intellectual Property Code.
The Company’s corporate name and logo appearing on the Website are registered trademarks.
Partner brands highlighted on the Website are used under agreements with said partners.
Should the use of one or more Website components be desired, the request must be sent by email to the following address: https://tbso.com
12. Partial invalidity
If one or more provisions hereof are deemed invalid or declared as such under a law, regulation, or final decision from a competent jurisdiction, the other provisions shall remain in full force and effect.
13. Identification - Contact
Contact information related to the Company is as follows:
- Corporate name: TBSO
- RCS: Paris Trade and Companies Register
- Registration number: 562 076 026
- Registered office: 10 Rue de la Bourse, 75002 Paris
- Contact email: society [at] tbso [point] com
14. Language - Applicable Law - Jurisdiction
THE SITE AND SERVICES ARE GOVERNED BY FRENCH LAW. THE CONTENT OFFERED THEREFORE COMPLIES WITH CURRENT FRENCH LEGISLATION. THE SITE PUBLISHER'S LIABILITY CANNOT BE ENGAGED IN CASE OF NON-COMPLIANCE WITH THE LEGISLATION OF THE USER'S COUNTRY OF CONNECTION.
THE PRESENT GTU AS WELL AS THE RELATIONSHIPS BETWEEN THE COMPANY, THE CLIENT AND THE USER ARE ALSO GOVERNED BY FRENCH LAW. THIS APPLIES TO BOTH SUBSTANTIVE AND PROCEDURAL RULES, REGARDLESS OF THE PLACE WHERE SUBSTANTIAL OR ACCESSORY OBLIGATIONS ARE PERFORMED.
IN CASE OF DISPUTE REGARDING INTERPRETATION OR EXECUTION OF THESE GTU, THE PARTIES WILL MAKE THEIR BEST EFFORTS TO RESOLVE IT AMICABLY. IN THE ABSENCE OF AMICABLE RESOLUTION, THE FRENCH COURTS SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR DISPUTES ARISING FROM THE APPLICATION OF THESE GTU OR DIRECTLY OR INDIRECTLY RESULTING FROM THE USE OF THE SITE. THE REFERENCE LANGUAGE FOR POTENTIAL DISPUTES IS FRENCH.
THESE PROVISIONS REGARDING APPLICABLE LAW AND COMPETENT JURISDICTIONS ARE APPLIED SUBJECT TO MANDATORY PROVISIONS THAT MAY APPLY TO THE USER AS A CONSUMER UNDER THE CONSUMER CODE WHERE APPLICABLE (NOTABLY ARTICLE R.631-3 OF THE CONSUMER CODE).
EXCEPTIONALLY, AND IN THE ABSENCE OF AMICABLE RESOLUTION OF A DISPUTE BETWEEN THE COMPANY AND A PROFESSIONAL USER OR CLIENT, THE DISPUTE SHALL BE UNDER THE EXCLUSIVE JURISDICTION OF THE PARIS JUDICIAL COURT (FOR CONSUMER CLIENTS) OR THE PARIS ECONOMIC COURT (FOR PROFESSIONAL CLIENTS), NOTWITHSTANDING MULTIPLE DEFENDANTS OR THIRD-PARTY CLAIMS, INCLUDING FOR EMERGENCY OR CONSERVATORY PROCEDURES, IN SUMMARY OR BY PETITION.