Terms and conditions of use of the website: Testmyburnout.com
Terms and conditions of use of the website: Testmyburnout.com
The purpose of these Terms and Conditions is to foresee all conditions of access and use of the Website, accessible under the following address: testmyburnout.com.
Company MOODWALK (hereafter "MOODWALK")
SAS – capital €41 010.20
Head office: 2 Bis Rue Vermenton 60200 COMPIEGNE
Companies Register of COMPIEGNE: 812 650 992
Director of publications
M. Léopold DENIS
2 rue Kellermann
59100 Roubaix – France
SAS with a capital of €10 000 000
RCS Lille Métropole 424 761 419 00045
Access to and use of the website, accessible under testmyburnout.com (hereafter "Website") imply the tacit and unconditional acceptance of these Terms and Conditions by Users, in their latest version online.
"User(s)" refers to any natural or legal person who connects to and navigates the Website.
- DESCRIPTION OF TESTMYBURNOUT'S WEBSITE AND SERVICES
- ACCESS AND AVAILABILITY
- INTELLECTUAL PROPERTY
- CONFIDENTIALITY AND PERSONAL DATA
1. DESCRIPTION OF TESTMYBURNOUT'S WEBSITE AND SERVICES
- The Website and all content and services available on it is intended for all persons interested in the question of professional burnout.
- The simple access and consultation of the Website is free and open to all, subject to compliance with all provisions referred to in the Terms and Conditions of Use of the Website.
- The Services offered on the Website consist of a set of tools and functions that contribute to improving users’ well-being in the workplace, by allowing them to get to know and follow the evolution of their state of well-being, but also to improve it through personal development programs.
- For all information or questions, TESTMYBURNOUT invites the User to consult the FAQ section on the Website, which groups together the most frequently asked questions and their solutions.
If the User has not found satisfaction in the FAQs, he/she can contact TESTMYBURNOUT's support team by email: email@example.com.
No request will be accepted or processed via telephone.
2. ACCESS AND AVAILABILITY
- MOODWALK is under obligation to provide the Website and Service.
MOODWALK has designed the Website and Service so as to offer Users a virtual environment that provides reasonable level of security within the framework of the use of the Website and Service.
- MOODWALK agrees to use all means necessary to ensure the operation of the Website and the Service in the best conditions of output, connection time and permanence.
However, due to the nature of the Internet and the IT and network infrastructure necessary for the operation of the Service, MOODWALK cannot guarantee 24/7 serviceability. MOODWALK reserves periods of maintenance, refreshing or technical interventions, which could lead to interruptions of access to the Website and the Service. MOODWALK undertakes, however, to limit the number and duration of interruptions to Service
- MOODWALK does not guarantee the timeliness, relevance or completeness of the information disseminated on the Website, nor the conformity of this information with the use that the User wishes to make of it.
Consequently, the User agrees to use this information under their exclusive responsibility.
MOODWALK will therefore not be held responsible for any direct or indirect damages suffered by the User, or by third parties who find their source in the information disseminated on the Website, and, more generally, in the consultation and use of the Website.
- MOODWALK does not monitor any external websites linked to the Website through hypertext hyperlinks, and disclaims all liability related to these websites and the content found therein.
4. INTELLECTUAL PROPERTY
- All data of any kind whatsoever, including texts, questionnaires, graphics, logos, icons, images, audio or video clips, photographs, brands, software, Website features appearing on the Website, databases included in the Website and Services are protected by copyright, trademark law, the sui generis right applied to databases and all other intellectual property rights, and belong to MOODWALK or to third parties that have authorised MOODWALK to exploit them.
Any reproduction and/or representation of any kind whatsoever, without authorisation, of any of the data referred to in this article constitutes an infringement and will be prosecuted.
- MOODWALK, in its capacity as publisher of the Website, grants the User the right to private, non-collective and non-exclusive use of the data referred to in article 4.1 of these Terms and Conditions.
The User, except to apply their civil and criminal responsibility, commits not to reproduce, translate, adapt, arrange, transform, communicate, represent and distribute, permanently or temporarily, by any means and in any form whatsoever without prior express authorisation from MOODWALK, all or part of the data referred to in Article 4.1 of these Terms and Conditions.
Any use of software and other robots that have the function of mirroring websites in order to extract information from the Website and the Services in an automated way is prohibited in these conditions.
- "MOODWALK" is a registered trademark, to which MOODWALK holds the exclusive exploitation rights.
The User agrees not to infringe in any way whatsoever on this trademark and to make no use whatsoever of it without the prior formal authorisation of MOODWALK.
- Any creation of a hyperlink from another website to the Website must be expressly authorised by MOODWALK in advance, and MOODWALK may withdraw this authorisation at any time without having to justify its decision to withdraw.
5. CONFIDENTIALITY AND PERSONAL DATA
- In accordance with the provisions of Law No. 78-17 of the 6th of January 1978 relating to computing, files and freedoms, and with the decision of CNIL (Commission Nationale Informatique et Liberté) of the 10th of July 2006 to abolish the obligation of Website declaration in favour of the procedure of declaring the processing associated with the website, MOODWALK has declared it's clients/prospects file to CNIL.
- In accordance with the provisions of the Law of the 6th of January 1978, the User, who has provided personal information via the Website, has a right of access to the data concerning them, as well as a right to request modification, rectification and deletion thereof.
In order to exercise this right, they must simply send a written postal or electronic request to the address given at the beginning of this document.
- Personal data related to the User, collected via forms, and all future information is intended for exclusive use by MOODWALK in connection with the implementation of the Services offered to Users, and is not the object of any communication or transfer to third parties, other than the technical service providers in charge of the management of the Site, who are required to respect the confidentiality of the information and to use it only for the specific operation for which they must intervene.
- MOODWALK stores Users’ personal data on its own servers and commits to keeping the personal data collected strictly confidential, except in the cases referred to in article 5.3 hereof.
- Users' data will also be used to reinforce and personalise communication with them, in particular through the newsletters to which they will eventually subscribe.
- The User is informed and accepts that the correct functioning of the Website involves necessary “cookies” being placed on their computer by MOODWALK. These are files stored on the hard disk, which allow the User to be automatically identified during subsequent connections to the Website and facilitate their navigation of the Website and use of the Services proposed.
Cookies do not contain any personal information, being files stored on the User's computer hard disk that allow the User to be automatically identified during subsequent connections to the Website and facilitate their navigation of the Website and use of the Services proposed.
Cookies may also be used to establish statistics concerning visitation to the Website and the navigation methods used on the Website.
These cookies remain on the User's computer for 14 days, keeping in mind that when one cookie expires, it will be automatically replaced with a new cookie on the User’s computer if the User reconnects to the Website.
The User has the possibility to reject or destroy cookies by selecting the appropriate browser settings, but should note that this will make the use of the Website and Services difficult, if not impossible.
- Moreover, the User expressly acknowledges and accepts that MOODWALK reserves the right to collect and exploit big data (non-personal) in connection with the operation of the Website and Services and to exploit it statistically and/or to analyse it qualitatively or quantitatively, free of charge or onerously.
- The present terms and conditions express the entirety of MOODWALK’s and the User’s obligations.
MOODWALK reserves the right to unilaterally modify these Terms and Conditions, in particular in the event of technical, legal or jurisprudential developments, or when new services are put in place.
The new clauses will govern all relations between the parties in the future, and the new version alone will be authentic between them, the applicable conditions always being those available online on the Website.
- Should one of the provisions of these conditions be deemed to be null and void by virtue of any current or future legal or regulatory provision or a judicial decision with the authority of res judicata and issued by a court or competent body, such provision of the contract shall be deemed to be unwritten, all other provisions keeping their binding force between the parties.
- In case of dispute, only the French version of these Terms and Conditions of Use shall be considered authentic for the purpose of their interpretation.
These terms and conditions are governed by French law, both for the substantive rules and the rules of form.
Any dispute arising from the execution or interpretation of the provisions of this contract shall oblige the parties to come together and to try to find an amicable solution to their dispute before submitting their case to the competent jurisdiction.
- WHEN THE USER IS A NATURAL OR LEGAL PERSON ACTING IN A PROFESSIONAL CAPACITY, THE DISPUTE WILL BE LODGED BEFORE THE COMPETENT JURISDICTION WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF PARIS, NOTWITHSTANDING MULTIPLE DEFENDERS OR CALL FOR GUARANTEE