Terms and conditions of sale for IDATE DigiWorld Market Intelligence Reports and Databases
Important: Please read the terms of this contract carefully before agreeing to purchase IDATE’s Reports or Databases. These Reports and Databases (hereinafter: the ‘studies”) the property of IDATE DigiWorld and a limited license will be delivered to you upon declaration of your acceptance of the following terms and conditions.
Article 1 – Contract purpose
The purpose of this Contract is to define the terms and conditions whereby IDATE DigiWorld proposes economic studies, undertaken by the Company IDATE DigiWorld, for sale. Product sale services are submitted to these General Conditions which take precedence over any other stipulations issued by the customer. Furthermore, the purpose of these General Sales Conditions is to inform any potential customer of the conditions in which IDATE DigiWorld undertakes the sale and delivery of the latter’s products. Any order placed by the customer entails the latter’s unconditional and unrestricted adherence to these General Sales Conditions and the following document included by the reference here under. We may modify these General Sales Conditions at any time subject to specifying such modifications.
Article 2 – Characteristics of proposed products
The studies correspond to Market studies, strategic and economic analyses, data & forecasts, provided within a specific time limit. The client has received an appendix detailing the number of publications included in the proposal. Titles and scheduling are indicative IDATE DigiWorld commits itself to respect information regarding publication dates and definitive titles at its best.
Article 3 – Contract formation and proof of transactions
Orders can be placed via IDATE DigiWorld’s website, the clients internal order form or by sending back the quote provided by IDATE DigiWorld with Signature, Date, Authorized Signature, Company stamp. Softcopies sent by email are sufficient to place the order. Once a valid order is placed, IDATE DigiWorld confirms it to the client by email and afterward send an invoice for payment (see also article 5). All orders imply acceptance of these Sales Conditions which have been communicated to the customer.
Article 4 – Price
Products’ prices are specified in Euros on the basis of currently prevailing prices at the time of order, subject to possible modification of the VAT rate. Specified prices are expressed in Euros excluding taxes on the product presentation pages. They are expressed in Euros including taxes on the order form. A customer located outside of Metropolitan France is invited to collect information relating to import rights or taxes which may be applicable thereto and shall take charge of related declarations and payments. In the event of any difference between the price specified to the customer upon ordering and the current price, due to a typing or printing error, or calculation on our website, the current price shall take precedence. All orders are to be paid in Euros, whatever the origin thereof. Product prices may be modified at any time as a result of external events. Such modifications shall be notified to the customer prior to any order.
Article 5 – Payment
The price is payable immediately upon ordering and invoice reception by bank transfer.
Article 6 – Delivery by digital transfer
Dispatch of the purchased product takes place after validation of payment. Pursuant to deferred or automated and secured processing of the customer’s online order, the latter will receive the ordered products via an online platform (access with a personal login and password). In the event of any technical incident, we undertake to implement everything necessary to deliver the product manually by email as soon as possible after order registration on our web server under penalty of Contract termination. Data transfer deadlines specified in these General Conditions, according to the characteristics of the customer’s configuration, are for information purposes only and any possible delays do not entitle the customer to cancel the sale, refuse the goods, or claim damages. An invoice is immediately sent to the customer. If, for any connection reason whatsoever, the user cannot access the deliverables, the latter may always contact our Customer Service by email at firstname.lastname@example.org. Downloading relies firstly on our current communication infrastructures and also on the inexistence of tangible mediums. Intangible services are therefore selected according to their characteristics, such as their kilobyte size or installation facility, for the purpose of ensuring successful downloading within a reasonable amount of time.
Article 7 – Warranty
IDATE DigiWorld warrants that its products have been designed in compliance with best trade practices. The customer benefits from a legal warranty against faults or hidden defects for products sold. In the capacity of publisher, IDATE DigiWorld takes care to ensure that the models offered for sale have been drafted in compliance with applicable French and European Union laws. In no case may IDATE DigiWorld be held liable for the consequences of inappropriate use of the products located on the latter’s website. Our products may not meet the customer’s requirements or be incomplete. IDATE DigiWorld may not be held liable for the unavailability of said party’s website or services resulting from a force majeure event.
Article 8 – Retraction
Due to the nature of the provision of intangible services delivered by email and of which performance began with the consumer’s agreement, the parties agree that no right of retraction may be exercised.
Article 9 – Liability
The customer acknowledges having received the conditions, warnings and information required; said party alone is responsible for our products’ appropriateness to the latter’s requirements, precautions to be taken and backups required during utilization thereof. In no case shall we, our supplier or resellers, be held liable for any damages whatsoever, either direct or indirect, caused to the user or a third party, in particular subsequently to incorrect operating, failure, income shortfall, or data loss, software loss, deterioration or loss of equipment, suffered by the user or a third party. Neither do we cover recovery, reproduction or repair costs such as losses or deteriorations.
The Customer shall take charge of contracting the appropriate insurance policy at the latter’s expense and as necessary.
Article 10 – Clause deemed as unwritten
If any one of the conditions set forth herein is deemed as null and void pursuant both to a currently prevailing a rule of law or a rule of foreign law and which is necessarily applicable due to the use of our products, said clause shall be deemed as unwritten but would not entail nullity of the remaining conditions of use for our services which would therefore continue to be fully valid.
Article 11 – Intellectual property
The proposed products and studies are protected by regulations and international treaties relating to copyright and intellectual property.
They are the exclusive property of IDATE DigiWorld which holds the copyright and all associated intellectual property rights. According to the conditions defined below, no part of this (these) report(s) may be modified, copied or distributed in paper format or in an electronic format without IDATE DigiWorld’s prior consent. The use of this (these) report(s) by any other person or entity is strictly forbidden and constitutes a violation of this agreement. “Electronic version” refers to all or portions of the report distributed in their original version regardless of format, whether PDF, Excel or PowerPoint. The sale of our products and studies in no case results in a transfer of reproduction, representation, and exploitation rights, and generally of any acknowledged or to be acknowledged intangible rights which have contributed to performance thereof.
Therefore, the customer is authorized to install a single copy of the downloaded service on a single computer. However, it is generally acknowledged that the main user may make a second copy for backup or filing purposes. Within the same work department the standard license allows up to 5 distinct users which have been to be identified by IDATE DigiWorld (name, function, contact details).
In the framework of subscription to IDATE DigiWorld studies, the license agreement for the end user is the Contract entered into between the user of our products and IDATE DigiWorld. By installing, copying and using our products, the user acknowledges being bound thereto, pursuant to the terms set forth in the latter’s contract. In the same way, by accepting the contractual conditions, the customer becomes the legal licensee with all attached rights and guarantees.
The customer undertakes to comply with the legal license contract attached to the transmitted data. IDATE DigiWorld hereby grants you a non-exclusive, and non-transferable license to use in compliance with the terms set forth in this licensing contract. The products are protected by regulations relating to copyright, certain elements are therefore protected by trademark, database and trading secrecy regulations and may be protected by regulations relating to patents.
You are entitled to:
- Consult, use, adapt and reproduce the studies and information for your employing company and professional purposes only.
You are not entitled to:
- Distribute, sell, lease, or sub-rent, loan, give, supply a copy (digital or otherwise) or enable product utilization to any party whatsoever without previous written agreement thereto from IDATE DigiWorld.
- Remove warnings relating to property rights, labels or trademarks carried by products and documentation.
The fact of copying the products, subject matter of this contract, and related documentation without permission, or the fact of not complying with the aforementioned restrictions shall result in breach of contract and automatic termination thereof and shall enable IDATE DigiWorld to initiate other legal or civil proceedings.
If you disagree with these terms, you should neither purchase nor download IDATE DigiWorld services.
The trademarks, logos and service brands which are shown on this website belong to us. It is forbidden to use said trademarks without our prior authorization in writing.
Article 12 – Quotation and usage policy
All IDATE DigiWorld intellectual property is subject to this Quotation and Usage Policy. IDATE DigiWorld must approve any external use in writing. This policy applies to all contexts in which the IDATE DigiWorld name or research may appear externally (e.g.: advertising, annual reports, blogs, brochures, newsletters, press releases, presentations, speeches etc.).
Quotation is subject to IDATE DigiWorld’s written agreement. Any limited reproduction or quotation (text or table) extracted from the report(s) must carry the phrase: “source: IDATE DigiWorld” or “According to IDATE DigiWorld …”
Article 13 – Personal Data
When purchasing, we ask our customers for information which is essential to ensure the quality of service and order processing. We do not sell, market or rent such information to third parties.
In compliance with the Data Protection Act, the customer has a right of access and rectification relating to data concerning such party, and a right to object. To exercise one of such rights, the customer shall contact IDATE DigiWorld – 980 avenue Jean Mermoz – 34000 MONTPELLIER, France.
Article 14 – Applicable law and power of jurisdiction
This Agreement shall be governed exclusively by French law. Any disputes arising under this Agreement shall be resolved by both parties through negotiation friendly. Should any dispute not be settled through such negotiation, it shall be subject to the exclusive jurisdiction of Paris (France).