Legal
The website accessible from the address www.aoede.law (hereinafter the “Site”) is published by SELARL AOEDE (hereinafter “AOEDE”), in the process of registration in the Paris Trade and Companies Register, and whose registered office is located at 77, rue de Charonne, 75011 Paris, can be reached at the following e-mail address: contact@aoede.law and at the following telephone numbers: +33 6 31 91 29 12 / +33 6 63 92 42 54.
The Directors of the publication are Cyrielle Gauvin and Lucie Tréguier, co-managers.
The website host is : OVH - 2 Rue Kellermann, 59100 Roubaix
Amicable Dispute Resolution - Consumer Mediation
In the event of a dispute relating to our assignments and fees, or to the validity, interpretation or performance of the fee agreement, the client and AOEDE undertake to attempt to resolve it amicably between them before initiating any mediation or proceedings.
The client is thus informed of the possibility offered to him, on the basis of article L.612-1 of the Consumer Code, to have recourse to a consumer mediator (https://mediateur-consommation-avocat.fr):
Mrs. Carole Pascarel, consumer mediator for the legal profession
Address: 180 boulevard Haussmann, 75008 Paris
Mail: mediateur@mediateur-consommation-avocat.fr
Website : https://mediateur-consommation-avocat.fr
The client is furthermore informed that referral to the mediator can only be made after having first attempted to resolve the dispute directly with AOEDE, by means of a written complaint.
If an amicable resolution or mediation fails, the matter may be referred to the President of the Paris Bar Association at the request of the most diligent party, in the manner provided for the contestation of fees by decree n°91-1197 of 27 November 1991 organising the legal profession.
Terms of Use
ARTICLE 1 - Purpose
The Terms of Use (hereinafter the “Terms of Use” or “TOU”) govern all use of the Site, it being specified that all persons having access to the Site (the “User” or “Users”) may consult all of the content published therein.
ARTICLE 2 - Scope of application
By using the Site, any User accepts the terms of these TOU without reservation and in their entirety.
Any person who does not wish to accept the TOU must therefore refrain from using the Site.
By using the Site, the User accepts the terms of the Terms of Use of the Site without reservation and in their entirety.
The TOU are subject to change. AOEDE reserves the right to modify and update them at any time. The TOU in force are those accessible on the Site under the heading “Terms of Use” each time a User connects to and browses the Site. Each new version of the TOU comes into force as of the date it is posted on the Site, where it can always be consulted by the User. The User must therefore regularly check the Site to remain informed of any changes or updates to the TOU.
ARTICLE 3 - Access to the Site, its contents and its features
The Site is accessible from the URL http://www.aoede.law 24 hours a day, 7 days a week, except in cases of force majeure, computer breakdowns, maintenance and/or updating operations, or problems related to telecommunications networks.
Access to the Site itself is free. The User can therefore read the TOU free of charge. Access to all the content and features of the Site is also free of charge from the User.
ARTICLE 4 - Intellectual property
All the elements of the AOEDE Site - in particular: its structure, contents, information presented therein, illustrations, photographs, images, sounds and videos, articles, newsletters, presentations, brochures, computer programs (hereinafter referred to as the “Content”) - are protected by intellectual property rights, of which AOEDE is the sole owner, unless otherwise stated.
The trademarks and logos on the Site (hereinafter collectively referred to as the “Trademarks”) are registered or unregistered Trademarks belonging exclusively to AOEDE. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site. Any use requires the prior written consent of AOEDE.
The news flashes and articles published on the Site or in the newsletter are protected by copyright and may also constitute a database within the meaning of the Intellectual Property Code, of which any unauthorized extraction is strictly forbidden.
AOEDE retains full and complete intellectual property rights to the Site’s Content, to the Trademarks that are affixed to it, as well as to all prerogatives related to it.
These TOU do not grant the User any property rights to any of the content published on the Site.
ARTICLE 5 - Warranty - Liability
5.1 AOEDE
AOEDE excludes, to the fullest extent permitted by applicable law, all conditions, warranties and representations made or given expressly or by implication in connection with the Site.
In particular, AOEDE does not warrant that the Site will be accessible or available on an uninterrupted basis, or that it will be free of viruses or bugs.
The data, information and documents provided by AOEDE on the Site are intended for general information about AOEDE, and in particular about the legal services it offers to Users, and may in no case be considered as constituting legal or professional advice, canvassing, solicitation and/or an offer of services.
Each User is solely responsible for the use he or she makes of the Site and/or the information provided from the Site and AOEDE may not be held responsible for any direct or indirect damage resulting from the use of the Site and/or this information by the User.
Thus, except where required by applicable law, AOEDE cannot be held liable in the following cases - listed non-limitatively: in case of failure, breakdown, difficulty or interruption of operation, restricting or preventing access to the Site; in case of impossibility of access to user accounts, in particular due to technical problems, whatever their origin; in case of illicit use and/or exploitation of the Site; finally, in case of damage caused to devices, information technology, computer programs, platform, or any other element belonging to the User, in the context of use of the Site.
AOEDE shall not be liable to Users for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information published on the Site.
5.2 The User
Each User declares, acknowledges and guarantees that he/she will only use the Services and/or the Site in strict compliance with the regulations applicable to his/her activities and public order, and that he/she will not include in the Site any element that contravenes the laws and regulations in force.
AOEDE will take all legal action against any User, and more generally against any person, who has not complied with the provisions of articles 323-1 to 323-8 of the French Penal Code, relating to attacks on automated data processing systems.
Consequently, each User guarantees AOEDE against any legal or administrative action, claim, demand or opposition from any administration, or from any natural or legal person invoking an infringement of legal and/or regulatory provisions, a prejudice, an infringement, a right and/or a violation of such a right of which the User’s activity via the Site is directly or indirectly the cause. In this case, the User will be responsible for all the financial consequences resulting from this, and in particular for lawyers’ fees, the amount of any sentences pronounced in the context of a court decision, as well as compensation and expenses of any kind incurred by AOEDE.
Finally, the User will be solely responsible for any damage caused by him/her to third parties in the context of the use of the Site, and for the consequences of any claims or actions arising from it. The User hereby waives any right of recourse against AOEDE in the event of any legal action being taken against him by a third party.
ARTICLE 6 - Effects of these TOU
If any provision of these TOU is found by a court of competent jurisdiction to be invalid, unenforceable, non-existent or deemed unwritten, all other provisions of these TOU shall remain in full force and effect, unless the lack of effect of such provision materially affects the overall balance of these TOU.
AOEDE will replace the provision declared null, unenforceable, non-existent or deemed unwritten with a valid and enforceable provision having as much effect as possible the same effect as the provision declared null, unenforceable, non-existent or deemed unwritten should have had.
The headings of the articles that are inserted in the TOU are for reference purposes only and shall not affect the interpretation of the TOS.
ARTICLE 7 - Law, applicable jurisdiction and language
The present TOU are expressly subject to French law. Any dispute relating to the use of the Site and the services by the Users, relating to the aforementioned TOU, to their validity, their interpretation or their execution, their effects or their termination, in the absence of amicable agreement following the occurrence of such a dispute, will be the competence of the competent French court.
The present TOU are originally written in French language. In the event that they are translated by anyone into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 8 - Hypertext links
The Site may contain hypertext links to other websites published and/or managed by third parties to AOEDE. AOEDE has no control over these sites and cannot be held responsible for their content (creation, modification, deletion, etc.). AOEDE cannot be held responsible in any way for these hypertext links.