Terms of use

Terms of use

 

Please read carefully the full and current terms of use before referring to the website www.railsolutions.com.

The current Terms of Use are intended to define the conditions of access and use of the site www.railsolutions.com (hereafter referred to as ‘the Site’) and its services. 

Anybody connecting to the site is defined as a user of the Site (hereafter referred to as ‘the User’).

Occasional or regular use of the Site by the User is subject to the full and unreserved acceptation of the entirety of the clauses, rights and obligations set out in the following Terms of Use. 

Rail Solutions reserves the right to modify or update at any moment, and without prior warning, these Terms of Use.  The User is therefore advised to regularly consult the most recent version of the Terms of Use, available at all times on this Site.  For any questions relationg to the Site or the Terms of Use, please contact Rail Solutions.

 

1. Site Objective

 

The Site www.railsolutions.com is a bilingual (French/English) site intended to present the company Rail Solutions.

 

Conditions of Access, Usage and Availability of the Site and its Services

 

2.1       Access to and usage of the Site are strictly reserved to personal usage.

 

The User is forbidden:

This list is not exhaustive.

 

2.2       Access to the Site requires that you have access to a working Internet connection.  Rail Solutions bears no responsibility for this and can in no way be held responsible for issues within the supply chain.

The Site is accessible 24 hours per day, 7 days a week, excepting instances of force majeure or other events beyond the control of Rail Solutions. 

The User declares that he is aware of the characteristics and constraints of the Internet, and in particular that data transfer via Internet is subject to varying levels of technical reliability, since it depends upon networks with varying characteristics and technological capacities, which may affect access or render it impossible at certain times.

Rail Solutions can only be held responsible for the means [CS1] concerning the accessibility of the site.  Rail Solutions is in no instance responsible for any interruptions that may occur, or consequences to the User or any third party resulting from said interruptions.  Rail Solutions reserves the right to suspend, interrupt or to limit, without prior warning, access to all or part of the Site, in particular for maintenance operations and updates necessary to the good functioning of the Site and related materials, or for any other reason, in particular technical

 

3. Rules Regarding The Protection and Management of Personal Information

 

Rail Solutions may require or collect personal information via the Contact Form.

The file relating to any personal information collected is declared to the CNIL as number 1648904.

The Site respects the privacy of Users and information collected from them, as required under Law 78-17 of January 6th 1978, referred to as ‘Informatique et Libertés’ (Data Protection Act).

The User is informed that he may exercise his right to refusal, without reason or cost, by sending a request to the following address: Rail Solutions – 2 Place de la Défense, CNIT 3 – 92053, La Défense, France.

However, if the User refuses the collection of his personal information during his registration via one of the forms on the Site, he therefore expressly consents to the fact that his registration will not be accepted and that his request for contact will be refused.

User data provided will be treated with strict confidentiality.  Rail Solutions will not share the User’s data with a third party, unless with the express permission of the User.

Each User has the right to view, correct and supress his personal data. He may also require that information which is inaccurate, incomplete, ambiguous, expired or of which the collection or use, communication of or use of is forbidden, be corrected, completed, clarified, updated or removed.  All Users may exercise this right to amend or supress data at any time by sending a request to the following address: RAIL SOLUTIONS, 2 place de la Défense, CNIT 3 – 92053, La Défense, France.

Rail Solutions undertakes to do its best in order to put in place the technical measures and organisation to protect personal data.  Nonetheless, the User hereby declares themselves aware that due to the nature of internet networks, personal data  shared in this manner are not fully protected against all forms of intrusion, including piracy.  The User hereby recognises that it is impossible to guarantee total security for information transmitted via the Internet.

Therefore, the Site cannot be held responsible for incidents resulting from this transmission.  It is the User’s responsibility to put in place any means necessary to protect the confidentiality of information transmitted via the Internet.  In general, it is recommended that Users treat their personal information with a high degree of caution. 

 

4. Intellectual Property

 

In general, the User is forbidden to infringe in any way possible on the intellectual property rights (trademarks, domain names, copyright, related rights, sui generis database rights ) of Rail Solutions and/or third parties.

Rail Solutions is the owner of all intellectual property rights in force regarding the structure and content of the Site (in particular text, logos, photography, images, graphics, sound, software, icons, layout, database) or has acquired the appropriate rights regarding the usage of the structure or contents of the site, without limitation subject to the management of the specific contributions of the User.

Rail Solutions acknowledges that the User has the right to use the Site for personal reasons, to the exclusion of all commercial usage.  Subject to the rights set out beneath, it is forbidden for the User to copy, reproduce, depict, modifier or exploit, by whatsoever means or to whatsoever ends, any or all of the structure or content of the Site.

Except when previously authorised via written consent from Rail Solutions, the User may not reproduce, depict, adapt, translate and/or transform partially or in its entirety, nor transfer elements of the Site to another website or other source.

All downloading is strictly forbidden, unless otherwise authorised by Rail Solutions.  All unauthorised downloading may result in Rail Solutions or a third party taking appropriate measures, in particular with regard to ensuring their intellectual property rights are respected.

Trademarks and logos on the site are reproduced courtesy of the companies which own them.  All reproduction of names or logos, by whatsoever means, without previous consent from the title holder is formally forbidden.

Failure to comply with these provisions could constitute an infringement and/or unfair competition, resulting in criminal liability.

 

5. Hyperlinks

 

All creation or insertion of hypertext by a User, linking an Internet User to their site with www.railsolutions.com , is strictly forbidden without the express advance permission of Rail Solutions.

Moreover, hyperlinks featured on the Site may send the User to other websites or other internet locations.  Since Rail Solutions is not responsible for these sites and external locations, it cannot be held responsible for their content, advertising, products, services and all other materials available on or related to them.  In addition, Rail Solutions cannot be held responsible for any actual or alleged damage following or in relation to the utilisation of content, properties or services available on these sites or other external sources.  Finally, to the extent authorised by the law, Rail Solutions will not be held responsible where the content of such sites contravenes legal measures or reglementation currently in force. 

 

6. Technical Configuration and Warranties

 

In order to permit the smooth technical functioning of the Site, certain technical contraints should be respected by the Users.  Given the constant technical evolutions of the Internet in this area, these constraints are susceptible to be modified.

In general, the User is requested to respect the technical information provided in this document in order to be access the Site and make use of it in an optimal manner.

The Site User is responsible for providing the necessary means to access and use the Site, namely:

A screen:        resolution of 1024x800 pixels

Browser:        Internet Explorer 9 and above, or the most recent versions of Safari or Firefox.

The User is responsible for ensuring that their technical set up does not contain any viruses and works correctly.  The User acknowledges that they are aware of this legal notice and undertake to respect it. 

In general, the User is forbidden to undertake any action that may hamper or disturb the accessibility or smooth functioning of the Site.

Rail Solutions does not guarantee that the Site and the server it puts at the User’s disposition are exempt from viruses or other dangerous elements.  It is therefore the User’s responsibility to take all appropriate measures to protect their own data and/or software from any contamination resulting from viruses on the Internet.

The User accepts that Rail Solutions can in no instance be held responsible for any incidental damage, tangible or non-tangible, direct or indirect, that can result from the access or usage of the Site, including accessibility, loss of data, damage, destruction or viruses that could affect the IT equipment of the User, and/or the presence of viruses on its site.

Moreover, all downloads obtained by whatsoever manner through usage of the Site are at the User’s risk.  Rail Solutions will not be held responsible for damage and/or loss of data to the computers of Users. 

 

7. Cookies

 

The User is hereby informed that a cookie, or similar file, may be placed on their hard drive.

This cookie records information relative to the navigation language chosen by the User on the Site, in order to present the Site in the same language for future visits.  It cannot be used to read information contained in the files of the User.

The User is hereby informed that the majority of internet navigators provide the opportunity to refuse cookie registration, to receive a warning message before a cookie is accepted, or to remove cookies from their hard drive.  To know more about these functions, the User should refer to their internet navigator usage guide or to their help screen.

Therefore, if the User does not agree to the installation of cookies or removes them, the usage and appearance of the site could be altered. 

 

8. Warranty - Indemnification

 

Whilst using the Site, the User undertakes to abide by current legislation, regulatory measures and the norms of internet usage and to the current Terms of Use.  The User is informed that all violations of the above are liable to prosecution and sanctions being taken against them.

In general, the Site refuses all responsibility where usage has not been in accordance with the Terms of Use and its services.

The User undertakes to diligently respond to all claims.  The User has a responsibility towards Rail Solutions and/or third parties for any material and/or immaterial, direct and/or indirect prejudice whatsoever, caused by the User and/or its employees due to noncompliant use of the Site.  The User indemnifies Rail Solutions, its parent company or affiliates, representatives, employees, partners against all claims, demands and/or actions of any sort, resulting from any violation of these provisions.

The User indemnifies Rail Solutions at all times and at first request, from all damages and/or claims, actions or lawsuits from third parties as a result of any violation of the previous conditions.  This indemnity covers any damages and interest that may be awarded, as well as lawyer’s fees, expert fees, court costs, fees and taxes.

 

9. Miscellaneous Conditions

 

The invalidity in whole or in part of one or more of the conditions of these Terms of Use, by virtue of a law or regulation or a final court decision, does not invalidate other provisions or any part of the condition  unaffected by the ruling.

 

10. Applicable Law & Jurisdiction

 

If any part of these Terms of Use should be found illegal, invalid or inapplicable for whatsoever reason, the condition or conditions in question are declared void and the remaining terms shall remain in full force and effect, and continue to be applied.  Voided terms will be replaced by one or more of the conditions most closely related to the cancelled clause. 

Taking into account the international nature of the Internet, Rail Solutions reminds you of your responsibility to conform to all mandatory rules and legislation within the country where you reside.

Any dispute relating in particular to the application, execution, interpretation and/or validity of the Terms of Use and/or use of the Site and/or services offered, which is not resolved amicably shall be brought exclusively before the appropriate Court of Paris.