1.1 This website (the “Site”) is an information site in relation with the contemplated initial public offering of the shares of ALD SA, which includes a public offering in France only.
1.2 These are the general terms and conditions (the “Terms”) governing user (“you” or “your”) access and use of the content offered to you by ALD (“ALD”, “we”, “us”, “our”) on this Site.
1.3 The Site: www.ald-ipo.com
Is hosted by:
ALD SA is a company organized and existing under the laws of France:
Legal Representative: Mr. Michael Masterson
Publication Manager: Mr. Hans van Beeck
Editorial Manager: Mr. Maxime Verneau
The site online system was designed by The Media Tree Project Ltd.
The site is hosted on the computer hardware of the company Societe Generale.
1.4 Please read these Terms carefully. By accessing and using the Site, you acknowledge that you have read and understood these Terms and that you agree to be bound by all of its provisions.
2.1 You shall only make fair use of the words and marks in connection with ALD including but not limited to stylised representations, all associated logos and symbols and combinations of the foregoing with another word or mark (the “Trademarks”) and shall not use the Trademarks,: (i) as or as part of your own trademarks; (ii) in a manner which is likely to cause confusion; (iii) to identify products or services to which they do not relate; (iv) to imply endorsement or otherwise of products or services to which they do not relate; or (v) in any manner which does or may cause damage to the reputation of ALD or any of its subsidiaries and affiliated companies (the “Affiliates”)
2.2 You acknowledge and agree that the content, including but not limited to data, database, information, material texts, pictures, photographs, software, functionalities and graphics contained in or accessible though the Site (the “Content”) whether presented to you by ALD or any third party are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and law. All rights are expressly reserved.
2.3 You shall not, except to the extent expressly permitted by the applicable law or as may be otherwise agreed (wholly or partly):
– copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer, link to, reverse, engineer or decompile the Content; or
– remove, change or obscure in any way the Content or otherwise use any material obtained whilst using the Site except as set out herein; or
– copy or use the Content for any commercial purpose; or
– remove, obscure or change any copyright, trademark or other intellectual property right notices contained in the Content.
2.4 You are only allowed to access to and use the Site as set out in these Terms.
2.5 Except as otherwise provided, nothing in these Terms shall be construed as conferring any exclusive license or other transfer of rights to you of any intellectual property or other proprietary rights of ALD or its Affiliates or any third party.
You shall refrain notably from selling, supplying, lending or renting out all or part of the Content to third parties, granting user licenses thereto or making it available in any form whatsoever, by any legal means, without ALD prior written consent.
2.6 By way of exception, some of the Content is/maybe the property of their respective authors.
3.1 The Content offered to you on the Site is for information purposes only. It is your sole responsibility to satisfy yourself prior to accessing to and using the Site in anyway that is suitable for your purposes and up to date.
The Content is periodically updated and/or changed and you should check them regularly to ensure that you have the latest updates and/or changes. ALD reserves the right to update and/or change the Content at any time. By continuing to access and use the Content you will be deemed to have accepted the updates and/or changes thereof.
3.2 Although we use reasonable endeavours to provide you with accurate Content, neither ALD nor any of its suppliers or employees, neither any of its Affiliates nor any of their suppliers or employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the suitability, reliability, timeliness, accuracy or completeness of the Content.
3.3 Access to and use of the Content may be restricted for certain people or in certain countries. In this respect, you shall ensure that you are legally authorised to access to and use the Content.
3.4 We shall not be liable for hypertext links established to other sites, particularly as regards the content of these sites. We shall not be liable for hypertext links to this site and shall prohibit anyone from creating such a link without its prior express authorization. You shall also refrain from deep-linking to the Site for any purpose unless expressly authorized in writing by us.
3.5 We also reserve the right to include advertisements of our choice on pages of the Site.
4.1 ALD does not guarantee that the Site will function without interruption or errors in functioning. In particular, their operation may be momentarily interrupted due to maintenance, updates, or technical improvements. ALD also disclaim all liability for any malfunctioning, impossibility of access, or poor use conditions of the Site notably due to inappropriate equipment, disturbances linked to the Internet service provider, to the saturation of the Internet network and for any other reason unrelated to us.
4.2 Neither ALD nor any of its Affiliates shall be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any loses in relation to:
– use which you make of the Site or reliance on Content or any loss of any Content resulting from delays, non-deliveries, missed deliveries, or services interruptions; and
– defects that may exist or for any costs, loss of profits or consequential losses arising from your use of, or inability to use or access or a failure, suspension withdrawal of all or part of the Site at any time; and
– failure from your part or from the companies or entities you represent, to comply with the Site software installation instructions.
4.3 To the fullest extent permissible under applicable law, we are providing this Site and its Content on an ‘as is’ basis and we disclaim any and all conditions, representations or warranties which may be implied or incorporated into these Terms, by law or otherwise. Your only remedy under the Terms is to discontinue using the Site.
4.4 ALD use reasonable endeavors to ensure that the Site contains no inaccuracies, errors, viruses or defects; however ALD does not warrant that this is the case.
You shall indemnify and hold ALD and any of its Affiliates harmless from and against any claim by a third party on demand from all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by ALD as a result of from access to and use of the Site or your breach or non-observance of these Terms.
ALD reserves the right to amend the online Terms at any time. Such amendments shall become effective one (1) month after being posted on the Site. By accessing and using the Site, you accept that you are bound by the current Terms at the time of your access or use. You should therefore check these Terms each time you access to and use the Site.
7.1 ALD may suspend the access to and use of the Site (i) for repair and maintenance work and (ii) in order to update and/or change the Content from time to time and (iii) in the event that we believe that you or anyone to whom you disclose your password are or may be in breach of these Terms.
7.2 ALD may terminate the access to and the use of the Site if ALD ceases to offer the Site for any reason whatsoever.
7.3 ALD shall use reasonable endeavours in order to inform you as soon as possible and to give you the reason of termination. In such an event, you shall still have the right to contact the webmaster.
In all cases, you shall not be entitled to any indemnification or financial compensation for any reason whatsoever.
8.1 This Site complies with the “Loi relative à l’informatique, aux fichiers et aux libertés” dated 6 January 1978 and the principles of the European Directive 95/46 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
8.2 In order to respond to your needs and during your browsing this Site, we may collect personal information on you (“Personal Data”), processed by computers (some information may be compulsory).
8.3 Though this information is for the sole purpose of ALD, it is expressly understood that we are authorised to use Personal Data for the purposes of managing commercial relationship, prospecting and making statistical surveys, risk management and selection, prospecting and realising sales actions, respecting legal and regulatory obligations, in particular with regard anti money laundering and anti terrorism financing purposes.
8.4 Furthermore, the process used could involve the transfer of Personal Data to countries which are not members of the European Union. In this respect, we shall use reasonable endeavours to ensure the protection and security of Personal Data which could, however, be communicated to official organisations and administrative or legal
8.5 We may also store “cookies” in your computer to facilitate your browsing and to build statistics. A “cookie” stores information concerning your browsing on this website (pages already acceded, time and date, etc.) to which we may access during your forthcoming visit to our Site. There is no third-part cookie.
To prevent this storing, you can modify the current configuration of your web browser:
For Internet Explorer 5:
In the menu bar, click on “Tools” then “Internet options”. Select the “Security” tab then the “Personalize the levels” button. In the pull-down menu, find the “Authorize cookies stored in your computer” entry. You can then choose one of the following options: Activate/Request/Deactivate.
For Netscape Communicator:
In the “Edit” menu, select “Preferences”. Click on the “Advanced” category.
You can then choose one of the following options: Accept all cookies/Accept only cookies which are returned to the original server/Deactivate cookies. In addition, you can tick the option: “Warn before a cookie is accepted”.
For Internet Explorer 6 or 7
In the menu bar, click on “Tools” then “Internet Options”. In “privacy” tab, you can set the setting of privacy from “block all cookies” to “accept all cookies”.
For Firefox 3
In the menu bar, click on “Tools” then “Options”. In “Privacy” tab, there is a section about cookies where you can accept cookies or not.
8.6 You may object to the processing of your personal information for a legitimate reason. You may also object, at no cost to yourself, to its use for the purpose of prospecting, particularly for business.
8.7 You may exercise your right to access, rectify and object to the use of your personal information by contacting the webmaster. .
9.1 Governing Law and Jurisdiction – These Terms are governed by and construed in accordance with the laws of France and you hereby submit to the exclusive jurisdiction of the French court of Nanterre.
9.2 Severability – These Terms are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms.
9.3 Assignment – You undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under these Terms. Contravention of this restriction in any way, whether successful or not, will result in the Services being terminated by ALD forthwith. ALD may assign these Terms in whole or in part to any third party at its discretion.
9.4 Entire Agreement – These Terms constitute the entire agreement of the parties with respect to the subject matter thereof and supersede any or all prior communications, understandings and agreements between the parties, whether oral, express or implied relating thereto.
9.5 No Waivers, Agreements or Representations- Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated in the Terms, no representations, statements, consents, waivers or other acts or omissions by ALD or any of its Affiliates shall be deemed legally binding on ALD on any of its Affiliates.