Terms and Conditions

last update :

January 05, 2024

I. GENERAL TERMS OF USE

Purpose

These 'general terms of use,' which can be revised at any time, apply to the website ohadarbitration.com and all of its online services on the Internet (hereinafter referred to as the Services).

Any natural or legal person wishing to access the site and its services, hereinafter referred to as 'the User,' must unconditionally accept all these general terms. Accessing and using our Services implies the express and unconditional acceptance of all these general terms by the user.

Subscription

subscribes to a license of access, and by 'User,' the natural person having access to the Services through the subscription subscribed by the subscriber (network license or simultaneous access).

a. Access conditions

Access is single or networked (simultaneous multi-user consultations) depending on the number of subscribed accesses, without a dedicated fixed station for consultation.

b. Subscription terms

To access our Services, the User must subscribe to a license in the form of a subscription that results in the assignment of an access code supplemented by a password. The subscription license is non-transferable to third parties and is non-exclusive in nature.

The subscription can be taken out for a monthly period or for a period of one year (calendar year, calendar period) and is renewable by tacit renewal for periods of equal duration, except for termination addressed by email to the address: 'contact@ohadarbitration.com', 1 month before each due date. The Subscriber must inform OhadArbitration of any modification of the information communicated when subscribing. The end of the subscription immediately renders access to the subscribed services unavailable.

c. Access modalities

To access our Services, the User creates their own account following the completion and validation of an activation form.

The use of the identification elements attributed to the User is placed under their sole responsibility. The access codes provided by the Publisher or created by the User are strictly personal, confidential, and non-transferable.

Confidentiality

The Subscriber is solely responsible for the confidentiality of the identification elements attributed to them following their subscription. The Subscriber undertakes to strictly limit access to the subscribed services to only end users. The Subscriber remains solely responsible for any breach of these conditions by any of the end users.

The Subscriber undertakes, to ensure the confidentiality of the identification elements, to:

  • only transmit the access codes provided by the Publisher to the end users;
  • immediately notify OhadArbitration by any means in case of loss or theft of the identification elements;

The Subscriber agrees that, during random checks of compliance with these conditions by OhadArbitration, the finding of connections using the subscriber's personal codes from an abnormally high number of different IP addresses will result in the immediate suspension of the service.

Tariff conditions

The Publisher OhadArbitration allows access to the services it offers under tariff conditions which are reminded on the subscription form sent to each user. Subscription rates are set for each current calendar year and communicated 2 months in advance to each user.

The payment of invoices is made according to the choice of the Subscriber by:

  • Bank transfer;
  • Automatic debit which incurs a flat fee of 40€ to cover administrative costs. Each rejection of a debit incurs a flat fee of 20€ to cover costs.
  • PayPal;
  • Bank check.

Failure to make payment by the due date may result in penalties equal to three times the applicable legal interest rate on the date of the order. Any late payment may result in the payment of a 40€ compensation to cover collection costs.

Any consumer has a period of 14 clear days from the conclusion of the contract to exercise his right of withdrawal in accordance with articles L 221-18 and following of the Consumer Code. However, the right of withdrawal cannot be exercised for contracts for the supply of digital content not supplied on a tangible medium whose performance has begun after the prior agreement of the consumer.

Data collection

For the creation of the User's account, the collection of information at the time of registration on the site is necessary and mandatory. In accordance with Law No. 78-17 amended of January 6, 1978, known as the "Informatique et Libertés" Law and European Regulation 2016/679 of April 27, 2016, the collection and processing of personal information are carried out in compliance with privacy regulations.

The data are subject to computer processing by OhadArbitration as data controller whose processing purpose is provided for in the Privacy and Personal Data Processing Policy, available on our website.(Hereinafter the "Privacy Policy").The data is kept for the strictly necessary duration for the performance of the purposes stated in the Privacy Policy. For the strict needs of business relationship management, this data may be shared with our partners in accordance with the Privacy Policy.

According to the Data Protection Act of January 6, 1978, articles 39 and 40, the User has the right to access, rectify, delete and oppose his personal data. This right can be exercised by sending an email to the following address: contact@ohadarbitration.com or through a contact form or from his customer space.

Intellectual property

The entire content of the Services, including texts, comments, works, illustrations and images, as well as the general structure, software, and all other elements are protected by the Intellectual Property Code, copyright law and the law protecting databases of which the Publisher is the producer within the meaning of articles L 341-1 and following of the Intellectual Property Code, and worldwide.

Access to the service and the right of use granted to the Subscriber do not involve any transfer of rights of any kind to the benefit of the user.

The user prohibits any use of the Services or their content for purposes other than purely documentary, as well as any publication, distribution or sale, in any way whatsoever, of the content to which he has access and more generally any infringement, directly, indirectly or through third parties, employees or collaborators, in any way whatsoever, of the Publisher's rights.

The content of the Services must never be wholly or partially reproduced, represented, lent, exchanged or transferred to another medium.

Liability

A. PUBLISHER'S LIABILITY

The Publisher undertakes to use all means at its disposal to ensure good quality access to the service and to ensure the reliability and speed of the data it publishes.

Any malfunction of the server or the network cannot engage the Publisher's responsibility.

Likewise, the site's liability cannot be incurred in the event of force majeure or the unforeseeable and insurmountable act of a third party.

The site ohadarbitration.com undertakes to use all necessary means to guarantee the security and confidentiality of data. However, it does not provide a guarantee of total security. For maintenance or other reasons, the site may be interrupted or suspended by the Publisher without notice or justification and without compensation.

The information published on the site ohadarbitration.com is provided for purely informational purposes and has no contractual value. Despite regular updates, the site's liability cannot be incurred in the event of changes to administrative and legal provisions that occur after publication. The same applies to the use and interpretation of the information communicated on the site.

The website declines any responsibility for any viruses that may infect the User's computer equipment after using or accessing this site. In any case, the obligations undertaken by the Publisher are obligations of means.

Therefore, the Publisher's liability cannot be held expressly or implicitly for any damage suffered by the User or a third party, resulting directly or indirectly from inaccurate or incomplete information, indexing errors, delays or absence of publication, or insufficient completeness of the data. In any case, the liability of the Publisher, if held, will be limited to direct damage, excluding any indirect damage, of any kind, such as any loss of data, loss of opportunity, result or exploitation, or any other financial loss resulting from the use or impossibility of using the Services. The total amount of compensation payable by the Publisher shall not exceed, all causes combined, all penalties deducted, including any restitutions that may be ordered, especially in case of termination/resolution of the Present, the maximum amount of the annual price paid by the user for the relevant service. The user declares to waive any claim against the Publisher beyond a period of two (2) years after the occurrence of a harmful event.

B. USER RESPONSIBILITY

The User is responsible for the risks related to the use of his/her login and password.

The user's password must remain secret. In case of password disclosure, the Publisher declines any responsibility.

The User assumes full responsibility for the use he/she makes of the information and content on the website ohadarbitration.com.

Any use of the service by the User directly or indirectly resulting in damage must be compensated in favor of the site. In the case of a network license or simultaneous access, the subscriber is solely responsible for any violation of the obligations set forth herein by any end users.

Hypertext links

The website may consist of hypertext links. By clicking on them, the User will leave the database. The latter has no control and cannot be held responsible for the content of the web pages related to these links.

Cookies

During visits to the website ohadarbitration.com, the automatic installation of a cookie on the User's browser software may occur.

Cookies correspond to small files temporarily placed on the User's hard drive. These cookies are necessary to ensure accessibility and navigation on the site. These files do not contain personal information and cannot be used to identify a person.

The information present in the cookies is used to improve browsing performance on the website ohadarbitration.com.

By browsing the site, the User accepts the cookies. Their deactivation can be done through the browser software settings.

Evolution of the general terms of use

The website ohadarbitration.com reserves the right to modify the clauses of these general terms of use at any time and without justification.

Duration of the contract

This contract is valid for an indefinite period. The start of the use of the site's services marks the application of the contract to the User

Applicable law and competent jurisdiction

This contract is subject to French law. Users are advised that in the event of contradiction or inconsistency between the present French version of the general terms of use and another version translated into another language, the French version shall prevail. In the event of a dispute, the Commercial Court of Paris shall have sole jurisdiction, even in the event of interlocutory proceedings, warranty appeal or plurality of defendants.

II. PRIVACY POLICY

1. PREAMBLE

This privacy policy aims to inform users of the website:

This privacy policy applies to the website:ohadarbitration.com

  • How their personal data is collected and processed. Personal data refers to any data that could identify a user. This includes, but is not limited to, first and last name, age, postal address, email address, user's location, or IP address;
  • What rights users have regarding this data;
  • Who is responsible for the collection and processing of personal data;
  • To whom this data is transmitted;
  • Possibly, the site's policy on 'cookies' files.

This privacy policy supplements the legal notices and the General Terms of Use that users can consult at the following address:

2. GENERAL PRINCIPLES FOR THE COLLECTION AND PROCESSING OF DATA

In accordance with the provisions of Article 5 of the European Regulation 2016/679, the collection and processing of user data on the site comply with the following principles:

  • Lawfulness, fairness, and transparency: Data can only be collected and processed with the user's consent. Whenever personal data is collected, the user will be informed that their data is being collected, and for what reasons their data is being collected;
  • Limited purposes: Data collection and processing are carried out to meet one or more specific purposes outlined in these general terms of use;
  • Minimization of data collection and processing: Only data necessary for the proper execution of the site's pursued objectives are collected;
  • Limited data retention: Data is retained for a limited period, as informed to the user. When this information cannot be provided, the user is informed of the criteria used to determine the retention period;
  • Integrity and confidentiality of collected and processed data: The data controller undertakes to ensure the integrity and confidentiality of the collected data.

In order to be lawful, and in accordance with the requirements of Article 6 of European Regulation 2016/679, the collection and processing of personal data may only occur if they comply with at least one of the following conditions:

  • The user has expressly consented to the processing;
  • The processing is necessary for the performance of a contract;
  • The processing complies with a legal obligation;
  • The processing is necessary to protect the vital interests of the data subject or of another natural person;
  • The processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority;
  • The processing and collection of personal data are necessary for the purposes of legitimate interests pursued by the data controller or by a third party.

3. PERSONAL DATA COLLECTED AND PROCESSED DURING WEBSITE NAVIGATION

A. COLLECTED AND PROCESSED DATA AND METHOD OF COLLECTION

The personal data collected on the ohadarbitration.com site is as follows:

Names, first names, email and postal addresses, phone numbers, companies.

This data is collected when the user performs one of the following operations on the site:

  • Creating an account on the site;ohadarbitration.com;
  • Subscribing to the newsletter (email address).

Furthermore, during a payment on the site, proof of the transaction including the purchase order and the invoice will be kept in the publisher's computer systems.

The data controller will keep all collected data in its computer systems on the site and under reasonable security conditions for a duration of: 3 years.

The collection and processing of data serve the following purposes:

Personal data is collected to deliver and contact our customers, transmit information regarding article publications, case law, and for internal statistics.

B. TRANSMISSION OF DATA TO THIRD PARTIES

Personal data collected by the site is not transmitted to any third party and is processed only by the site's publisher. However, for the strict management of commercial relationships, this data may be communicated to our partners in accordance with the Privacy Policy.

C. DATA HOSTING

The ohadarbitration.com site is hosted by: DjammaDev

whose headquarters are located at the following address: Villeuve-la-Garenne, France

The host can be contacted at the following phone number: +33 (0) 6 20 79 09 21

4. DATA PROCESSING RESPONSIBLE

A. THE DATA PROCESSING RESPONSIBLE

The person responsible for the processing of personal data is: Hamidou TANGARA

He/she can be contacted as follows: contact@ohadarbitration.com

Monday to Friday from 9:00 am to 12:30 pm and from 1:30 pm to 5:00 pm by phone: +33 7 54 55 57 55 and email address: contact@ohadarbitration.com

The data processing responsible is responsible for determining the purposes and means of processing personal data.

B. DATA PROCESSING RESPONSIBLE OBLIGATIONS

The data processing responsible undertakes to protect the collected personal data, not to transmit them to third parties without the user being informed, and to respect the purposes for which this data was collected.

The site has an SSL certificate to ensure that information and data transfer through the site are secure.

An SSL certificate (Secure Socket Layer Certificate) aims to secure the data exchanged between the user and the site.

Furthermore, the data processing responsible undertakes to notify the user in case of rectification or deletion of data unless this involves disproportionate formalities, costs, and procedures for the user.

In case the integrity, confidentiality, or security of the user's personal data is compromised, the data processing responsible undertakes to inform the user by any means.

5. USER RIGHTS

In accordance with the regulations regarding the processing of personal data, the user has the following rights.

For the data processing responsible to respond to their request, the user must provide: their first and last name as well as their email address, and if relevant, their account, personal space, or subscriber number.

The data processing responsible must respond to the user within a maximum period of 30 (thirty) days.

A. PRESENTATION OF USER RIGHTS REGARDING DATA COLLECTION AND PROCESSING

a. Right of access, rectification, and erasure

The user can access, update, modify, or request the deletion of their data, as per the following procedure:

The user must send an email to the data processing responsible, specifying the purpose of their request and using the contact address:contact@ohadarbitration.com

b. Right to data portability

The user has the right to request the portability of their personal data, held by the site, to another site, complying with the following procedure:

The user must make a request for the portability of their personal data to the data controller by sending an email to the following address:contact@ohadarbitration.com

c. Right to Limitation and Opposition to Data Processing

The user has the right to request limitation or opposition to the processing of their data by the site, without the site being able to refuse, except by demonstrating compelling legitimate grounds which override the interests and rights and freedoms of the user.

To request the limitation of data processing or to express opposition to data processing, the user must follow the following procedure:

The user must request limitation of the processing of their personal data from the data controller by sending an email to the following address:contact@ohadarbitration.com

d. Right Not to be Subject to Automated Decision-Making

In accordance with the provisions of Regulation 2016/679, the user has the right not to be subject to a decision based solely on automated processing if the decision produces legal effects concerning them or significantly affects them in a similar way.

e. Right to Determine the Fate of Data After Death

It is reminded to the user that they can organize the fate of their collected and processed data in the event of their death, in accordance with Law No. 2016-1321 of October 7, 2016.

f. Right to Lodge a Complaint with the Competent Supervisory Authority

In the event that the data controller decides not to respond to the user's request, and the user wishes to challenge this decision, or if they believe that any of the rights listed above have been infringed upon, they have the right to lodge a complaint with the CNIL (Commission Nationale de l'Informatique et des Libertés, https://www.cnil.fr) or any competent court.

B. Personal Data of Minors

In accordance with the provisions of Article 8 of European Regulation 2016/679 and the Data Protection Act, only minors aged 15 or over can consent to the processing of their personal data.

If the user is a minor under the age of 15, the consent of a legal representative will be required for the collection and processing of personal data.

The site editor reserves the right to verify by any means that the user is over 15 years of age or has obtained the consent of a legal representative before browsing the site.

6. Use of "Cookies" Files

The site may use "cookies" techniques to process statistics and information about traffic, facilitate navigation, and improve the service for user comfort, who can object to the storage of these "cookies" by configuring their browsing software.

A "cookie" is a small file (less than 4 kb), stored by the site on the user's hard drive, containing information about the user's browsing habits.

These files allow it to process statistics and information about traffic, facilitate navigation, and improve the service for user comfort.

For the use of "cookies" files involving the storage and analysis of personal data, the user's consent is necessarily required.

This user consent is considered valid for a maximum duration of 13 (thirteen) months. After this period, the site will again ask the user for permission to store "cookie" files on their hard drive.

a. User Opposition to the Use of "Cookies" by the Site

The user is informed that they can object to the storage of these "cookies" by configuring their browsing software.

For information, the user can find the steps to configure their browsing software to oppose the storage of "cookies" at the following addresses:

In the event that the user decides to disable "cookies" files, they can continue browsing the site. However, any dysfunction of the site caused by this manipulation cannot be considered the responsibility of the site editor.

b. Description of "Cookies" Files Used by the Site

The site editor draws the user's attention to the fact that the following cookies are used during their browsing:

use of cookies

7. CONDITIONS FOR CHANGING THE PRIVACY POLICY

This privacy policy can be consulted at any time at the following address:

The site's publisher reserves the right to modify it to ensure compliance with the law in force.

Therefore, the user is invited to regularly consult this privacy policy to stay informed of the latest changes that will be made.

It is brought to the user's attention that the last update of this privacy policy occurred on: January 05, 2024.

8. USER ACCEPTANCE OF THE PRIVACY POLICY

By browsing the site, the user attests to having read and understood this privacy policy and accepts its conditions, particularly regarding the collection and processing of their personal data, as well as the use of 'cookies'.