General Terms and Conditions
1. General Comments
The following general terms and conditions of use (the “Terms and Conditions“) apply to and govern the use of DSM Avocats à la Cour’s (“DSM“) website (the “Website“).
DSM reserves the right to amend these Terms and Conditions at any time and at its complete discretion. The Terms and Conditions thus amended shall apply automatically to the Website.
DSM shall guarantee the Users (as defined below) access to the Website 24 hours a day, 7 days a week, subject to maintenance and the limits under these Terms and Conditions.
2.1 A “User” or “Users” designates any person using the Website, individually or collectively.
2.2 A “Party” or “Parties” means a User or DSM, individually or collectively.
2.3 The “Technical Requirements” means the technical requirements and restrictions concerning the use of the Website in terms of compatibility and interoperability.
By using the Website, you acknowledge and agree that DSM shall maintain the Website and that any interruption of access due to such maintenance shall not constitute an error or omission on the part of DSM under these Terms and Conditions.
4.1 By using the Website, you acknowledge and accept that access thereto shall be “as is” and “as available”, with no guarantee, be it express or tacit.
4.2 By using the Website, you acknowledge and accept that use thereof shall be governed by the Technical Requirements, and commit to abiding by them.
4.3 By using the Website, you confirm that you have the appropriate computer hardware allowing you to use the Website and agree to refrain from using any device or taking any action which could harm DSM.
4.4 By using the Website, you indicate being aware of the characteristics of the Internet and agree that DSM shall not be held liable for any potential interruptions of the Internet Protocol system occurring from action by an Internet service provider or any action out of DSM’s control.
4.5 You shall undertake all action necessary to limit the harm that could result from any potential corruption of your computer hardware when accessing the Website.
4.6 Should you fail in any of your obligations under these Terms and Conditions, particularly by using the Website for illicit purposes, DSM may suspend or prohibit your access without prior formal notice.
5.1 By using the Website, you guarantee at all times that you will not use the Website to:
(i) undertake or promote illegal activities, or false or misleading information;
(ii) make illicit or unauthorized copies of works protected by copyright, patents or trademarks;
(iii) provoke, incite or encourage the sending of emails, chain letters, mass or single sending of unsolicited emails, instant messages or undesirable advertising messages;
(iv) promote or encourage any criminal act or activity, or provide instructions or orders on the promotion criminal activities, the invasion of privacy, the diffusion or creation of computer viruses; (v) solicit passwords or personal information from other users for illicit commercial purposes; or
(vi) distribute, reproduce, publish or modify materials protected by copyright, brand names/trademarks or other exclusive rights held in any manner by third parties, without their prior agreement.
5.2 DSM is unable to guarantee the Website’s continued and permanent availability. DSM shall use its best efforts to provide the Website’s availability in the manner the most effective for the User, subject to maintenance periods.
5.3 Pursuant to Article 3, DSM reserves the right to interrupt use of the Website to undertake maintenance activities. Interruption of access to the Website shall confer no right to indemnification on the User.
5.4 In the context of Website use, you may submit a support ticket to signal technical problems in the event the Website is unavailable due to technical malfunctions caused by DSM, and failing their resolution of the problem in a short time, DSM shall use its best efforts to resolve the malfunctions as soon as possible, provided that:
(i) you described them specifically in your support ticked submission;
(ii) you cooperate completely with DSM; and
(iii) the malfunctions do not arise from abusive use of the Website attributable to you.
5.5 DSM shall not be held liable for the Website’s unavailability or for any loss of data resulting from a error/omission or failure attributable to you.
5.6 More generally, DSM refuses all liability in the event of the Website’s interruption or malfunctioning resulting from:
(i) your non-compliance with these Terms and Conditions, the Technical Requirements or DSM’s recommendations;
(ii) your inappropriate or illicit use of the Website;
(iii) cases of force majeure;
(iv) events attributable to third parties such as telecommunications operators; and
(v) your acts or omissions.
5.7 By using the Website, you may be led to click on links that will redirect you to third-party service providers. DSM shall not be held liable for the unavailability of the websites or services of those third parties. Generally, DSM shall not be held liable for the functioning, content or any other aspect of third-party websites or services, or for any harm directly or indirectly caused by following a link to a third-party website or service.
6. Violation of the Terms and Conditions
6.1 In case of violation of your obligations under these Terms and Conditions, DSM may prohibit or suspend access to the Website.
6.2 You may claim no indemnification of any kind based on the suspension or prohibition from access to the Website resulting from an event that is solely your fault.
7. Intellectual Property
The Website shall remain DSM’s exclusive property. The provision of access to the Website does not constitute a transfer of the intellectual property rights to the User.
8. Data Protection
8.1 DSM acknowledges and commits to be in compliance with the laws and regulations governing the processing of personal data, and particularly with the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and any other national law or regulation governing personal data processing in the context of use of the Website.
9. Applicable Law and Jurisdiction
9.1 These Terms and Conditions are governed and interpreted in compliance with the laws of Luxembourg or the laws of the country in which the User habitually resides.
9.2 In case of a dispute and if they are unable to resolve the dispute amicably, the Parties agree to seize the courts of Luxembourg or, if of another jurisdiction, the court of the competent jurisdiction as defined by the rules of legal competence applicable to the User, for all disputes with respect to the findings under, interpretation, execution or termination of the Terms and Conditions.