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Legal notices & GTC

Editor

The website www.axeria.fr is published by:

AXERIA

Headquarters
129 avenue Félix Faure
69003 LYON
France

Postal address
26 Rue du Général Mouton-Duvernet
69003 LYON
France

Tél. 04 27 46 14 00
Fax 04 27 46 14 76
axeria@axeria-iard.fr

Intracommunity VAT number: FR78352893200

This site, created in France, is subject to French law.
The website currently located at the address www.axeria-iard.fr (or any other Axeria site address, in addition to, or as a replacement) is owned by the company Axeria-iard, S.A., capital of €38,000,000, whose heaquarters are located at : 129 avenue Félix Faure – 69003 LYON – France (postal address : 26 Rue du Général Mouton-Duvernet – 69003 Lyon – France), it is registered with the Lyon Trade and Companies Register under number B 352 893 200, and is a company regulated by the Insurance Code.

French Prudential Control and Resolution Authority –  4, Place de Budapest – CS 92459 –  75436 PARIS Cedex 09

Publishing director

Sébastien SEUX, CEO

Design and web development of the website www.axeria.fr by Groupe Référence (formerly known as Agence Mayflower). In 2024, the website was taken over for maintenance by WEB ADN agency on their premium shared server hosted by OVH.

Hosting

The website www.axeria.fr is hosted by:

OVH SAS with capital of €50,000,000

Lille Métropole Trade and Companies Register 424 761 419 00045

Code APE 2620Z

VAT NUMBER: FR 22 424 761 419

Postal address: 2 rue Kellermann – 59100 Roubaix – France

NAF code: 6311Z – VAT: FR22424761419

Contact

 

General Terms and Conditions of Use

  1. Preamble

The purpose of these General Conditions of Use of Axeria IARD is to define the terms and conditions of use of the https://axeria.fr/en/ website.

  1. Definitions

For the purposes of these GTC, capitalized terms, whether singular or plural, have the following meanings:

  • Axeria IARD: refers to the public limited insurance company, registered with the LYON Trade and Companies Register under number B 352 893 200, whose registered office is located at 129 avenue Félix Faure, 69003 LYON, and whose postal address is 26 rue du Général Mouton Duvernet, 69003 LYON (France).
  • GTC: refers to the present General Terms and Conditions of Use.
  • Personal Data: refers to the User’s personal data collected and processed by Axeria IARD in connection with consultation of the Site and Services, in accordance with the terms and conditions set forth in the Privacy Policy.
  • Privacy Policy: refers to the privacy policy implemented by Axeria IARD and accessible by clicking here , which forms an integral part of these GTC.
  • Services: refers to the services offered by Axeria IARD and described on the
  • Site: refers to the Internet site published by Axeria IARD, accessible via the following URL address: https://axeria.fr/en/.
  • Users: refers to all users of and visitors to the Site, including Insureds, Applicants, Brokers / Managing General Agents (as defined in the Privacy Policy available by clicking here
  1. Scope, acceptance and modification of the GTC

The purpose of GTC is to define the conditions under which Users may consult the Site.

Access to or use of all or part of the Site implies the User’s acceptance, without restriction or reserve, of these GTC.

These GTC may be modified from time to time. The applicable conditions are those in force and accessible on the Site on the date the User accesses the Site.

  1. Site access and availability

Access to the Site is free of charge.

Axeria IARD uses its best efforts to make its Site available 24 hours a day, 7 days a week, regardless of Site maintenance operations.

However, Axeria IARD reserves the right to interrupt access to all or part of the Site for maintenance and/or improvement purposes.  As Axeria IARD is able, prior notice of such interruptions will be given to the User, in particular by posting an alert message on the Site.

In the event of an emergency, Axeria IARD reserves the right to suspend all or part of the Site without prior notice for a reasonable period of time in order to carry out any necessary technical operations.

Such interruptions shall not give rise to any compensation to the User.

In this respect, Axeria IARD is bound by an obligation of means.

  1. Service description

Through its Site, Axeria IARD provides Users with access to content of all kinds, Service offers, graphic, multimedia, software and/or interactive content.

  1. Warranties – Liability

By accessing the Site, the User declares, guarantees and undertakes to:

  • Access and use the Site in good faith, in a reasonable manner, not contrary to the terms of these GTC.
  • Not to use any device or software other than that supplied by Axeria IARD intended to i) affect or attempt to affect the proper working of the Site ii) extract, modify, consult, even in buffer or temporary memory, or for individual use, all or part of the Site.
  • Not to access and/or use the Site for illicit purposes and/or in order to cause damage to the reputation and/or image of Axeria IARD and/or Users, or more generally to infringe the rights, in particular intellectual property rights, of Axeria IARD and/or third parties, including Users.
  • Not to market access to the Site directly or indirectly.
  • Not to reuse or exploit all or part of the Site it contains, in particular for commercial and/or collective and/or personal purposes in a form and/or media not authorized by Axeria IARD and/or Users.
  • Not to reproduce or represent all or part of the Site for private purposes beyond the legal exceptions provided for, in particular by the French Intellectual Property Code, or for direct or indirect marketing, in particular to third parties.
  • Not to restrict access to and use of the Site.
  • Ensure that use of the Site does not affect or compromise the stability, security or quality of the Site, networks, bandwidth or infrastructures of Axeria IARD, other Users and/or third parties.
  • Not to contravene the provisions of articles 323-1 to 323-7 of the French Criminal Code governing piracy practices.

In the event of a breach of any of these obligations, without this list being exhaustive, the User is hereby informed that Axeria IARD may unilaterally and without prior notice refuse or suspend access to all or part of the Site.

  1. Limitation of liability

The User is solely responsible for its use of the Site.

Axeria IARD may under no circumstances be held liable in the event of proceedings brought against a User who is guilty of non-compliant use of the Site.

In this regard, the User acknowledges and agrees that he/she will be personally liable for any claim or proceeding brought against Axeria IARD as a result of his/her non-compliant use of the Site.

The Site may contain hypertext links to third-party websites.

In this respect, given the evanescent nature of the content that may be disseminated on the websites to which the said hypertext links point, Axeria IARD may not be held liable in the event that the content of the said third-party websites contravenes the legal and/or regulatory provisions in force.

In any event, Axeria IARD shall not be liable for:

  • In the event of unavailability of the Site for reasons such as failure of the public electricity network, failure of the cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, in particular the User, for any reason whatsoever, in particular strikes, storms, earthquakes or any other cause having the characteristics of force majeure.
  • In the event of use of the Site by any User under conditions that do not comply with the terms of these GTC.
  • To the extent permitted by applicable law, for any indirect damage, including but not limited to loss of profits, data or other intangible property, even if Axeria IARD has been advised of the possibility of such damage, which may arise (i) from the use or inability to use the Site (ii) as a result of access to the Site by an unauthorized User.

Axeria IARD may not be held liable for any malfunction of any nature whatsoever relating to the User’s computer equipment or Internet access connection when accessing the Site.

In particular, Axeria IARD cannot guarantee the User against any problems of access speed to the Site and/or the buffering speed of the User’s computer that the User may encounter.

  1. Force majeure

Axeria IARD may not be held liable if the performance of any of its obligations is prevented or delayed due to force majeure as defined by the jurisprudence of the French Courts and article 1218 of the French Civil Code, and in particular natural disasters, fire, malfunction or interruption of the telecommunications or electricity networks.

  1. Intellectual property
  • Copyright on the Site and its content

Axeria IARD is the owner or licensee of the intellectual property rights to both the general structure of the Site and its content (text, slogans, graphics, images, videos, photos, programs, Products and other content).

Consequently, any representation, reproduction, modification, distortion and/or total or partial exploitation of the Site, by any process whatsoever and on any medium whatsoever, without the express prior authorization of Axeria IARD, is prohibited and constitutes an infringement of copyright.

Similarly, any unauthorized use of the Site renders the User criminally and civilly liable on the grounds of copyright infringement.

The User acknowledges and accepts that access to the Site provided by Axeria IARD does not imply any transfer or concession of intellectual property rights (in particular copyright) or other personal rights (right of personal portrayal, right to privacy) to the User.

Access to the Site is exclusively limited to the private and personal use of the User under the conditions and within the limits defined in these GTC.

  • Distinctive features

The Axeria IARD trademark, logos, corporate name, acronyms, trade names, brand names and/or domain names of Axeria IARD and/or its commercial partners mentioned on the Site and/or Products made available by Axeria IARD on the Site constitute distinctive signs that may not be used without the express prior authorization of their owner.

Any representation and/or reproduction and/or partial or total use of these distinctive signs is therefore prohibited and constitutes trademark infringement, usurpation of a company name, trade name or domain name, and may give rise to civil liability.

  • Hyperlinks

Axeria IARD cannot be held responsible for the hypertext links available on the Site leading to other Internet sites or, more generally, to any resources available on the Internet.

Under no circumstances may the User set up hypertext links to pages deep within the Site, allowing access to the pages of the Services, by any technical means intended to bypass the User’s identification field or to proceed with the extraction of all or part of the content of the Site’s pages.

The “framing” technique is prohibited without the express prior authorization of Axeria IARD.

  • Databases

The User irrevocably acknowledges that the Site, including its structure, consists of one or more databases made available to Users by Axeria IARD in its capacity as producer of said databases within the meaning of the provisions of articles L.341-1 et seq. of the French Intellectual Property Code.

Therefore, in accordance with the provisions of article L.342-1 of the same Code, the User agrees not to:

  • Extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Site, including the structure, onto another medium, by any means and in any form whatsoever, including for the purposes of use or consultation by a medium and/or process(es) not authorized by Axeria IARD.
  • Reuse, by making available to the public all or a qualitatively or quantitatively substantial part of the content of one or more of the databases accessible on the Site, including the structure, in any form whatsoever, including by hypertext link, media and/or process(es) not authorized by Axeria IARD.
  • Creating, publishing, maintaining, updating, importing, exporting, making available to third parties, whether free of charge or for a fee, and participating in the aforementioned acts, a competing database derived from all or part of one or more of Axeria IARD’s databases.
  • Display on a screen by a process or media other than those by which Axeria IARD intends to disclose the Site, including the structure.
  • In general, any extraction, use, storage, reproduction, representation or conservation, direct or indirect, partial or total, including in buffer or temporary memory, qualitatively or quantitatively substantial of the content of one or more of Axeria IARD’s databases, committed by one of the processes mentioned above, is strictly prohibited, including by media not authorized by Axeria IARD.
  1. Privacy Policy

The User’s Personal Data is processed in accordance with Axeria IARD’s Privacy Policy, which can be accessed by clicking here.

  1. Assistance – Claims

For any information, queries or complaints of a technical nature, the User is invited to consult the section entitled “Mediation and complaints” accessible on the Site at the following URL address: https://axeria.fr/en/mediation-complaints/

  1. Miscellaneous provisions
  • Correspondence – Proof

Unless otherwise specified in these GTC, correspondence between Axeria IARD and the User is mainly by email.

Pursuant to articles 1366 et seq. of the French Civil Code, the User acknowledges and accepts that the information provided by Axeria IARD by email and/or via the Site is binding between the User and Axeria IARD.

Elements such as the time of receipt or transmission, as well as the quality of data received, will be deemed authentic by priority as they appear on the aforementioned media, or as authenticated by Axeria IARD’s computerized procedures, unless the User provides written proof to the contrary.

The scope of proof of the information provided by the Site is that granted to an original in the sense of a written paper document, signed by hand.

  • Terms and conditions in full

These GTC express the entirety of the obligations of Axeria IARD and the User with respect to their subject matter.  The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations set forth herein shall not be construed as a waiver of the obligation in question.

  • Partial invalidity

In the event that one or more stipulations of the present GTC are deemed null and void, deemed unwritten or declared as such in application of a law, regulation or following a decision of a competent court having the final authority of res judicata, the other stipulations will retain all their force and scope and remain fully applicable, unless the invalid stipulation(s) were of a substantial nature and their disappearance would call into question the contractual balance.

  • Securities

In the event of difficulties of interpretation between one of the headings appearing at the top of the clauses of the present GCU, and one of the clauses, the headings will be declared non-existent.

  1. Applicable law and settlement of disputes

These GTC are governed by French law.

In the event of any dispute arising in connection with these GTC, their interpretation and their consequences, or with the acts supplementing or modifying them, the User is invited to consult the section entitled “Mediation/ Complaints” accessible on the Site from the following URL address: https://axeria.fr/en/mediation-complaints/

 

Version in force on marsh 25