The use of the WAYNIUM : www.waynium.com and www.way-plan.fr (and .com) implies full acceptance of the general conditions of use described below. These conditions of use are likely to be modified or supplemented at any time, users of WAYNIUM sites are therefore invited to consult them regularly.

This site is normally accessible at any time to users. An interruption for technical maintenance may be decided by WAYNIUM, which will endeavour to inform users in advance of the dates and times of the intervention.

The WAYNIUM sites are therefore updated regularly by WAYNIUM. In the same way, the legal notices can be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to take note of them.

For the proper management of the site, WAYNIUM may also suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of user and delete any information that could disrupt the operation.

3. Description of services provided.

The WAYNIUM sites are intended to provide information on all products and services related to software WAYNIUM, and activities of the company WAYNIUM which is the publisher.

WAYNIUM strives to provide on its sites information as accurate as possible. However, the company cannot be held responsible for omissions, inaccuracies and shortcomings in the update, whether they are its fault or the fault of third party partners who provide this information.

All information on the sites WAYNIUM are given as an indication, are not exhaustive, and are likely to change. They are given subject to modifications having been brought since their setting on line.

4. Contractual limitations on technical data.

The site uses JavaScript technology.

The website cannot be held responsible for material damages related to its use. Moreover, the user of the site undertakes to access it using recent equipment, free of viruses and with a last generation updated browser.

5. Intellectual property and counterfeiting.

WAYNIUM is the owner of the intellectual property rights or holds the rights of use on all the elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds, software.

Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, except prior written permission of the company WAYNIUM.

Any unauthorized exploitation of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

6. Limitations of liability.

WAYNIUM cannot be held responsible in case of failure, breakdown, difficulty or interruption of operation, preventing access to the site or any of its features.

WAYNIUM can not be held responsible for direct and indirect damage caused to the equipment of the user, when accessing the site WAYNIUM, and resulting either from the use of equipment that does not meet the specifications listed in point 4, or the occurrence of a bug or incompatibility.

WAYNIUM can also not be held responsible for indirect damages (such as loss of market or loss of opportunity) resulting from the use of its sites. More generally, WAYNIUM is not responsible for any damage caused to the user, third parties and/or the user’s equipment as a result of his connection to or use of the site and the user waives any action against it as a result.
WAYNIUM shall not be liable for any legal action taken against the user:

• from the use of the site or any service accessible via the Internet;
• due to the user’s failure to comply with these terms and conditions.

Interactive spaces (possibility of asking questions in the contact area) are available to users. WAYNIUM reserves the right to delete, without prior notice, any content posted in this area that would contravene the legislation applicable in France, in particular the provisions relating to data protection. If necessary, WAYNIUM also reserves the possibility of calling into question the civil and/or criminal liability of the user, in particular in the event of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photograph, etc.).

If WAYNIUM was to be the subject of an amicable or judicial procedure because of the use of the site by a user, it may turn against him to obtain compensation for all damages, sums, sentences and costs that could arise from this procedure.

7. Personal data management.

The personal information that may be collected on the sites are mainly used by WAYNIUM for the management of relations with the user, and if necessary for the processing of his orders. They are recorded in the customer file of WAYNIUM, and the file thus developed from personal data is declared to the CNIL

In France, personal data are protected by the law n° 78-87 of January 6, 1978, the law n° 2004-801 of August 6, 2004, the article L. 226-13 of the Penal Code and the European Directive of October 24, 1995.

When using the WAYNIUM sites, the following information may be collected: the URL of the links through which the user accessed the WAYNIUM sites, the user’s access provider, the user’s Internet protocol (IP) address.

In any case WAYNIUM collects personal information about the user only for the need of certain services offered by its sites; the user provides this information with full knowledge of the facts, especially when he/she proceeds by himself/herself to their seizure. It is then specified to the user of sites WAYNIUM the obligation or not to provide this information.

In accordance with the provisions of articles 38 and following of the law 78-17 of January 6, 1978 relating to data processing, the files and freedoms, any user has a right of access, of correction and opposition to the personal data relating to it, by carrying out its written request with WAYNIUM by postal mail to the 34 rue des Fossés Saint-Bernard, 75005 Paris, and signed, accompanied by a copy of the title of identity with signature of the holder of the document, by specifying the address to which the answer must be sent. After processing the request, this document will be destroyed.

No personal information of the user of the WAYNIUM sites is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of the repurchase of WAYNIUM and its rights would allow the transmission of the aforementioned information to the possible purchaser who would be in its turn held of the same obligation of conservation and modification of the data with respect to the user of the WAYNIUM sites.

The databases are protected by the provisions of the law of July 1, 1998 transposing the directive 96/9 of March 11, 1996 on the legal protection of databases.

The information collected may be communicated to third parties linked to WAYNIUM by contract for the execution of subcontracted tasks necessary for the management of user accounts and without the latter having to give their authorization. In the event of a proven violation of legal or regulatory provisions, this information may be communicated to the judicial authorities upon request, with reasons. If, during the consultation of the site, users access personal data, they must refrain from any collection, any unauthorized use and any act that may constitute an infringement of privacy or reputation of persons. WAYNIUM disclaims any responsibility in this regard

8. Hypertext links and cookies.

The site www.way-plan.fr contains a number of hyperlinks to other sites, set up with the authorization of WAYNIUM. However, WAYNIUM does not have the possibility of checking the contents of the sites thus visited, and will not assume any responsibility for this fact.

Browsing the www.way-plan.fr website may cause cookies to be installed on the user’s computer. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data thus obtained is intended to facilitate subsequent navigation on the site, and is also intended to allow various measures of frequentation.

Refusing to install a cookie may make it impossible to access certain services. The user can however configure his computer to refuse the installation of cookies (see the settings inherent in each Internet browser).

9. Applicable law and jurisdiction.

Any dispute in connection with the use of the site www.way-plan.fr is subject to French law. Exclusive jurisdiction is given to the competent courts of Paris.

10. The main laws involved.

Law no. 78-87 of January 6, 1978, as amended by Law no. 2004-801 of August 6, 2004 on information technology, files and freedoms.

Law n° 2004-575 of June 21, 2004 for confidence in the digital economy.

11. Lexicon.

User: Internet user connecting, using the above-mentioned site.

Personal information: “information that allows, in any form whatsoever, directly or not, the identification of individuals to whom it applies” (Article 4 of Law No. 78-17 of January 6, 1978).