Private users Terms of Service

Article 1. Preamble

1. AXA ART offers an online service “my axa art” accessible at the unique URL : https://www.myaxa-art.com.

2. AXA ART offers to its users the possibility to use a private and limited area called “my axa art”.

3. The area “my axa art” is accessible after authentication.

4. The user declares he or she :

- complies with the prerequisites for the use of the “user area” if one exists;

- has read and accept these terms of use for the user area

- has all the skills necessary to access and use its user area» in the conditions of use of “my axa art”.

Article 2. Definitions

5. The following terms shall have the meanings provided below :

- « private user» : any person or legal entity which creates an account with or without a prior contract with AXA ART and not as professional ;

- “private user area” or “my axa art “: webpage dedicated to the user and the access to which is restricted by a password placed under the exclusive control of the user ;

- “services“: all the features available online through the « user area ».

Article 3. Scope

6. The purpose of these Terms of Service is to set forms the terms and conditions of opening, access, use and closing or termination of the user area.

7. These Terms of Service take precedence over any other terms of use or contractual conditions regarding the use and closing or termination of an user area.

8. The Terms of Use of the website don’t replace in any condition the sale or service terms of use of AXA ART or any other contract signed by the user.

9. In case of discrepancy between these terms and a contract between AXA ART and the user for the services offered by AXA ART, the contract shall prevail.

Article 4. Enforceability

10. These Terms of Service will be binding and enforceable against the user as soon as he agrees to them when creating his account.

11. In any case, upon the first use of “my axa art” these Terms of Service are considered as read and accepted without condition.

12. AXA ART reserves the right to make such changes to these Terms of Service as it may deem necessary or appropriate.

13. AXA ART will inform the user of the existence and entry of the new Terms of Service by any means allowing the user to read and accept them.

14. Any use of its user area after the changing of Terms of Service is agreement of the user to the new Terms of Service.

Article 5. Eligibility

15. The user area part of the website is reserved and only accessible to:

- Private users of AXA ART who already have a contract with AXA ART ;

- New private users without any prior contract and who want to create an account.

16. The creation and the use of the « private user area » is free.

17. All costs relating to the access, whether for hardware, software or internet access, are the sole responsibility of the users.

Article 6. Purpose

18. The provision of an user area doesn’t create any obligation toward AXA ART or any right for the user.

19. The area should be accessible 24 hours a day and 7 days a week, subject to maintenance operations or technical difficulties. AXA ART should not be committed by any obligation of accessibility or reopening. AXA ART is not bound by any level of services.

20. It is essentially a « comfort » area that enables the user to find in a single area and under his sole control a set of information and to benefit from value-added services.

21. As it is a "comfort" service, AXA ART is entitled to change the conditions of access and use of all or part of the user area at its discretion. AXA ART will nevertheless make every effort to inform the private user, however this isn’t a binding obligation.

22. AXA ART reserves the right, without prior notice or compensation, to temporarily or permanently close all or part of “my axa art” or access to one or more of its services.

Article 7. Use of “my axa art”

23. “My axa art” is strictly personal.

24. “My axa art” is at the sole discretion of the user and can’t be share with any other user.

25. Except when a procedure of suspension or termination of the account or a procedure of opposition has been open previously, any use of the user area is assumed to be made on behalf of the user.

26. The user is solely responsible for the use of its “my axa art” area.

27. “My axa art” can include elements of information regarding other people but it remains under the sole authority of the person in whose name the account is opened and which has accepted the terms of use.

28. When the user enters personal information, it guarantees they are accurate and up to date.

29. If the user accesses to information on its user area and uses them, the user is aware he uses theme under its sole responsibility.

30. If an order is made from its “my axa art”, this order will be valid and will bind the user.

Article 8. Access process

31. Access to the user area is conditioned :

- AXA ART will firstly send a cover letter by postal with activation code;

- during the creation of its account, the user must respect the terms and conditions stated online and enter its username and temporary password given by AXA ART in the application form available on the website ;

- for all other access, the user must enter its username and the password he chose.

32.The password is strictly personal and confidential :

- it must fulfilled the security requirements of AXA ART ;

- it must not be shared under any circumstances by the user.

33. IT IS EXPRESSLY STATED THAT AXA ART NEVER ASKS THE USER TO SHARE ITS PASSWORD WITH AXA ART FOR ANY REASON THEREFORE ANY SUCH CLAIM SHOULD BE CONSIDERED FRAUDULENT CLAIM.

34. AXA ART reserves the right to modify the technical conditions relating to the identification and replace the password by any other technology it considers necessary.

35.AXA ART reserves the right :

- to set a time delay beyond which the use of the username and associated password is again requested to the user;

- to set within the user area a repetition of the private user authentication.

36. The creation of its “my axa art” area includes the following steps :

- step 1 : enter the username and the temporary password given to the user and complete a registration form available on the website by filling the mandatory fields signaled by an asterisk ;

- step 2 : the user is invited to change it password by choosing a more personal one ;

- step 3 : the user acknowledges and agrees to these Terms of Service by checking the relevant box;

- step 4 : a confirmation of the email address is sent to the user.

37. The user is entitled to change its password at anytime within its “my axa art” in the tab « my profil » « my password ».

38. The user is solely responsible for the protection and the use of its password. The user undertakes to take all appropriate measures to ensure its account won’t be used by a non-authorized person or a fraudulent one.

39.Therefore, it is recommended:

- to use a complex password (at least 8 alphanumeric characters) ;

- to change its password regularly ;

- to use a new password and not one already use for another service than the one offered by AXA ART.

40. The user must log out of its session and close its browser window after its work session to prevent other users from accessing to its personal data. The user should also be extremely careful when accessing its account using Wi-Fi or internet tethering.

41. If the user finds or suspects unauthorized or fraudulent use of its personal logging or any other breach of security, it should immediately alert AXA ART by the following means: info@axa-art.com.

42. At the receipt of this notification, AXA ART will proceed within a reasonable time to the closing of the user's account.

43. For security reasons AXA ART is not able to respond to a request for communication or change of personal logging. In the event that the user would not be able to follow the procedure for changing its personal logging, the user will lose access to its account and data (and the services and benefits) recorded thereon.

Article 9. Security

44. “My axa art” is an automated data processing system. Any unauthorized access to all or part of “my axa art” can be punished.

45. AXA ART makes its best efforts, in accordance with the rules of the art, to secure the user area.

46. The user agrees to the characteristics and limitations of the Internet. The user is aware that the data circulating on the Internet are not necessarily protected, particularly against possible misuse.

47. The user acknowledges being aware of the nature of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring data.

48. The user must inform AXA ART for any failure or malfunction of its user area.

49. If a security breach is detected, AXA ART will inform the private user in accordance with the legal provisions applicable to it. AXA ART may tell the user what to do. The implementation of these measures is binding the user.

50. AXA ART may take all necessary emergency measures for the safety of the user area.

51. The user agrees to take all appropriate measures to protect its own data and / or software from contamination by viruses on the Internet network.

Article 10. Technical assistance

44. “My axa art” is an automated data processing system. Any unauthorized access to all or part of “my axa art” can be punished.

45. AXA ART makes its best efforts, in accordance with the rules of the art, to secure the user area.

46. The user agrees to the characteristics and limitations of the Internet. The user is aware that the data circulating on the Internet are not necessarily protected, particularly against possible misuse.

47. The user acknowledges being aware of the nature of the Internet network, and in particular its technical performance and response times for consulting, querying or transferring data.

48. The user must inform AXA ART for any failure or malfunction of its user area.

49. If a security breach is detected, AXA ART will inform the private user in accordance with the legal provisions applicable to it. AXA ART may tell the user what to do. The implementation of these measures is binding the user.

50. AXA ART may take all necessary emergency measures for the safety of the user area.

51. The user agrees to take all appropriate measures to protect its own data and / or software from contamination by viruses on the Internet network.

Article 11. Liability

56. The user undertakes to use its “my axa art” and the information he may access exclusively in compliance with the Terms of Use defines by AXA ART. Its “my axa art” is used under its sole responsibility.

57. The user undertakes to not disturb :

- the proper functioning of the user area ;

- the functioning of the user area of other users.

58. The user must not interfere with or interrupt the normal functioning of the user area.

59. The user agrees to indemnify and holds AXA ART, its directors, managers and employees against any claims, losses, liabilities, damages and expenses caused by the user breaches of these Terms of Service.

60. AXA ART cannot be responsible for the quality of the website, as the service is offered “as is”.

61. AXA ART is not bound by any obligation of storage or archiving. Therefore the user should take all measures necessary to store and copy its data.

62. AXA ART cannot be responsible for the disturbance of the user area.

63. AXA ART cannot be responsible for the fraudulent or abusive use of the user account due to the voluntary or accidental disclosure of its personal logging.

64. AXA ART cannot be responsible for the breach of these Terms of Service by another user.

65. AXA ART cannot be responsible for the temporary or definitive unavailability of all or part of the user area, for a difficulty related to response time, and in general, failure of any performance.

Article 12. Intellectual property of AXA ART

66. Nothing in these Terms of Service is intended to transfer any intellectual property rights whatsoever in the elements owned by AXA ART to the user.

67. The elements contained on the website, including but not limited to trademarks, designs, images (still or animated), texts, photos, logos, graphical charters, programs and software, search engines, databases, and domain names are the exclusive property of AXA ART or its partners licensor.

68. Any total or partial representation of any of these elements without AXA ART’s express authorisation is forbidden and will constitute an infringement punished by the articles L. 335-2 and following of the French Intellectual Property Code.

69. Accordingly, user agrees that it shall not act or conduct in any manner that may directly or indirectly infringe the intellectual property rights of AXA ART.

Article 13. Data protection

70. AXA ART is compliant with the regulation on data protection.

71. During the creation of its “my axa art”, the user may transfer data. The user guarantees the accuracy and the lawfulness of the information provided for the registration. The user will inform AXA ART of any change of its information.

72. The data collected can be used by AXA ART in compliance with the legal regulations.

73. The data can be collected for the following purposes :

- manage and follow-up user authentication and user access to the user area ;

- manage and follow-up the use of the services ;

- manage and follow-up of the services and the browsing of the user ;

- development of statistics and data analysis ;

- market research and advertisements and manage of special offers and daily offers;

- assess and measure the quality and the satisfaction.

74. In accordance with the regulation, user is informed that it has the right to inquire about, access and rectify which allows the user to rectify, complete, update, lock or delete any data concerning it when they are inaccurate, incomplete, out of date, or when the collection, the use, the communication or the storage is forbidden.

75. The user has the right to object on legitimate grounds to the processing of its data and a right to object to the use of its data for direct marketing purposes.

76. To exercise its right of opposition or access, user should send a letter or an email, together with a copy of a signed identity document, to info@axa-art.com .

77. The user must respect Data Protection Acts and Regulations, the violation of which are punishable by law.

78.The user must refrain, as regards to the data it accesses or could access, from any collection, any diverted use in general, any act likely to infringe the privacy or reputation of individuals.

Article 14. Access to data

79.AXA ART considered all data provided by the user, on its personal account as confidential data.

80. AXA ART will take all necessary measures to protect data. Data won’t be share with third parties.

81. This confidentiality does not prevent AXA ART from doing marketing operations with partners or to communicate this data to the administrative or judicial authorities duly authorized.

Article 15. Rules of evidence

82. The data collected and stored in the AXA ART information systems will be archived in reasonable security conditions and will be considered as evidence of the communications between the parties.

83.The electronic acceptance of these Terms of Service, notifications within the « user area » as well as contractual commitment made online by the user have the same probative value as acceptance on a paper.

84. This provision should be seen as rules of evidence validly accepted by the parties.

Article 16. Traceability and cookies

85. AXA Art is authorized to monitor the user's navigation in the user area and use cookies in compliance with its "Cookies Policy".

Article 17. Closing and Termination of the account

86. When a user has not accessed or has not used his account for a period of one year, AXA ART reserves the right to terminate its account.

87. The user is informed that from the moment it is no longer a private user of AXA ART, it will lose access to its user area automatically.

88. Closing the account for any reason whatsoever involves the loss of all data, information and benefits conferred by “my axa art”.

89. Account termination is irreversible.

90. User must take all measures to preserve its data.

Article 18. Suspension and termination

91. In case of breach of these Terms of Service by the user, AXA ART reserves the right, without compensation or reimbursement if any, to suspend access to the user area until the cause of the suspension has disappeared, and thus eight days after sending the user a letter asking it to comply with these terms.

92. A suspension of more than 30 days untreated by the user deletes the account.

93. AXA ART will terminate the account immediately and without notice in the event of fraudulent use challenging its responsibility.

94. Termination of the account for user's fault, forbidden it to reopen a user area for a period of 1 year, the reactivation or reopening of the account may also be in this case conditioned by express prior consent of AXA ART.

Article 19. Data portability

95. The user always has access to personal data and it can recover data as it sees fit before closing the account.

96. The private user has access to its own raw data except for any data enriched by AXA ART which are AXA ART property.

Article 20. General terms

97. The parties agree to perform their obligation to their utmost good faith.

98. The parties represent that these Terms of Service are sincere.

99. The parties thus represent that they do not know any elements which, had it been disclosed, would have modified the consent of the other party.

100. In the event of any difficulties resulting from a contradiction between any of the titles at the head of clauses, and any of the clauses, the titles will be declared nonexistent.

101. If one or several provisions of these Terms of Service were to be held invalid or so declared by any law, regulation or final decision having res judicata effect rendered by a court having proper jurisdiction, the other provisions shall remain in full force and effect.

102. These Terms of Service of the « user area » represent all obligations of the parties.

Article 21. Languages and Governing Law

103. ENGLISH IS THE BINDING LANGUAGE OF THE WEBSITE. OTHER LANGUAGES ARE USED FOR TRANSLATION PURPOSE ONLY.

104. THESE SPECIFIC TERMS OF SERVICE SHALL BE GOVERNED BY THE EUROPEAN LAW.

105. THE EUROPEAN LAW SHALL APPLY TO BOTH FORM AND SUBSTANCE, NOTWITHSTANDING THE PLACE OF PERFORMANCE OF THE ESSENTIAL OR ANCILLARY OBLIGATIONS.

106. THE COMPETENT COURTS HAVE SOLE JURISDICTION FOR DISPUTES ARISING FROM THE APPLICATION OF THESE TERMS.