GTU

Terms and conditions of use

General terms and conditions of use of the MTHOR Solutions SERVICES applicable effective May 13, 2021

 

PREAMBLE

The website https://supplythebest.com is published by the company MTHOR Solutions.

The purpose of these terms and conditions of use is to define the terms of use of the site. By browsing the site, you acknowledge that you have read and accept these terms of use and special conditions of use.

MTHOR Solutions is free to modify, at any time, the present general conditions of use and the special conditions of use, in particular to take into account any legal, regulatory, jurisprudential and/or technical developments.

The version that prevails is the one that is available online at the following address: https://supplythebest.com. The same is the same for any special conditions of use available on-line to the services.

Any user is therefore obliged to refer to their version accessible online on the date of their access and use of the services.

The user is expressly informed that the only version of the CGU of the services which is authentic is that which is found online on the site, which it acknowledges and accepts without restriction, committing itself to refer to it systematically during each connection.

You are invited to consult each of your visits to the site these terms of use and no longer access the site and use its services if you do not agree with the new applicable version.

 

  1. DEFINITIONS

For the purposes of the terms and conditions of use, the following terms shall be defined:

  • "CGU": means these general terms and conditions of use applicable to the services;
  • "CPU": means the particular conditions of use applicable to certain services and subject to acceptance by the user before the use of the services concerned;
  • "Personal data" means any information concerning an identified or identifiable natural person; is deemed to be identifiable to a person who may be identified, directly or indirectly, in particular by reference to an identification number or to one or more specific elements, peculiar to his physical, physiological, psychic, economic, cultural or social;
  • «The Publisher»: means the company MTHOR Solutions, Publisher of the site;
  • "Identifier": means the personal identifier associated with the user's account and any PIN or password issued to the user by MTHOR Solutions and then modified by the user and allowing the user to identify himself in order to access services
  • "Data protection law" means the law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms, and amended by law no. 2004-801 of 6 August 2004;
  • "Parties": jointly DESIGNATES MTHOR Solutions and the user;
  • "Professional": designates the professionals present on the services of the site and to which users can call through the online appointment service.
  • "Services" means jointly the directory service and the online appointment making service made available to users by MTHOR Solutions through the site;
  • "Directory service": means the free search service of professionals made available to users by MTHOR Solutions through the site;
  • "Online appointment-making service": means the online appointment services of professionals
  • made available to users through the site;
  • "Site": means the website https://supplythebest.com ;
  • "User": means any person who uses the site and accesses the services offered by MTHOR Solutions through the site.

Unless otherwise indicated in the TOU:

  • Whenever a word or phrase has a defined meaning, any other form of that Word or phrase has a corresponding meaning;
  • The singular words include the plural and vice versa;
  • A reference to a document, a standard, a legislative provision, code or any other document implies any modification or updating of this document, standard, legislative provision or code;
  • If a period of time is specified and dates back to a given day or to the day of acceptance of the TOU this period of time must be calculated as comprising that day.

 

  1. ACCESS TO THE SITE

2.1. the publisher undertakes to make its best efforts to ensure permanent access to the site and its services (24h/24, 7 days a week) and its operation.

However, the Publisher cannot be held responsible for the unavailability of the site or any of the services of the site in case of force majeure, and in particular in case of:

  • Maintenance of the site, including when the maintenance intervention is carried out by third parties;
  • Occurrence of an unpredictable, insurmountable and external event;
  • Internet network failure.

2.2 the user is also informed of the risks inherent in the use of the Internet, and in particular in terms of the lack of security in the transmission of data and of non-guaranteed continuity in the access to the site and the contents of Site. In no event shall the Publisher be liable for such risks and their consequences, which are detrimental to the user, irrespective of their extent.

It is up to each user to take all appropriate measures to protect their own data, software and materials from contamination by viruses or other forms of attacks that may be circulating through the site or the contents of Site.

2.3 The transfer rates and response times of the information circulating fromon the Site's platform to the Internet are not guaranteed by the Publisher. The User acknowledges that the speed of transmission of information does not depend on the Services offered by the Publisher, but on the characteristics inherent to electronic communications networks and the technical characteristics of its connection mode (cable, ADSL, 3G, 4G etc.) and its Internet access.

2.4 In no event shall the Publisher be obliged to repair any consequential damages suffered by the user in connection with the use of the services. Indirect damages are those that do not result exclusively and directly from the failure of the site services.

In addition, MTHOR Solutions's liability cannot be sought for acts performed by the user or a third party using the services.

Any software, downloaded by the user, or obtained in any other way when using the service, is at the risk of the user.

 

  1. CREATING AN ACCOUNT

3.1 access to personal space

Access to certain services on the site requires the creation of a personal account.

The creation of an account implies the information of personal data such as the name, first name and e-mail address, which are the subject of computer processing, as specified in article 7 of these TOU.

You are solely responsible for the entry of your data, the Publisher can under no circumstances be held responsible for erroneous information. In the event that the user provides false, inaccurate, outdated, incomplete, deceptive or misleading information, the Publisher may, immediately without notice or indemnity, suspend or terminate the user account of the user and deny him or her access, temporarily or permanently, to all or part of the services.

Creating an account also means choosing a username and password. It is recommended that you adopt a robust password (containing at least 8 characters including digits, capitals, and special characters).

The username and password are editable online by the user in his personal space.

The username and password are personal and confidential, so the user undertakes not to disclose them to third parties.

Any loss, misuse or unauthorized use of a user's identifiers and their consequences are the sole responsibility of that user. In all the cases mentioned above, the user is obliged to notify the Publisher, without delay, by e-mail message, specifying his identifiers, surname, first names at the following address: https://supplythebest.com, so that the Publisher can proceed to the User account reset.

3.2 unsubscribe

Each user may at any time terminate the subscription of his user account by contacting MTHOR Solutions by e-mail at contact@mthorsolutions.com

 

  1. INTELLECTUAL PROPERTY

MTHOR Solutions services and all the elements that comprise them are, unless specifically specified, the exclusive property of MTHOR Solutions. The trademarks, logos, signs and other content of the site are subject to protection by the intellectual property code and in particular by copyright.

Accordingly, pursuant to the provisions of the intellectual property code, the laws and regulations of all countries and international conventions, any reproduction, dissemination or representation, integral or partial , MTHOR Solutions services or any component that composes them is prohibited as well as their alteration.

As such, it is in particular forbidden for the user to adapt, arrange, modify, correct, associate, translate in all languages or any language, put on the market for free or onerous, commercialize, all or part of the services provided by MTHOR Solutions or any element that composes them, whatever the means and the medium. No stipulation of the TOU can be construed as an assignment of intellectual property rights whether tacitly or otherwise.

All content brought online by the user is his sole responsibility. The user undertakes not to put on-line any content that may infringe the interests of third parties. Any legal action initiated by a third party against the site will be borne by the user.

 

  1. CONFIDENTIALITY

The site allows the user to match with the selected providers via private messaging.

The Publisher ensures the confidentiality of these correspondences and does not take notice of them.

The user is informed that he can ask the Publisher to be given all the possible files put online and all the data resulting from the use of his account on the site.

 

  1. PROTECTION OF MINORS

The registration of minors on the site is subject to the condition that they have previously obtained the express permission of their parents (or holders of parental authority) whose justification they may be requested at any time.

The parents authorization (or holders of parental authority) is worth their agreement according to these terms and conditions of use.

Parents (or holders of parental authority) are responsible for monitoring the use of the site made by their minor child (s).

 

  1. PERSONAL DATA

The user is informed that, when browsing the site, personal data (names, surname, indicated pseudonym, address, e-mail address, IP address, telephone number, date of birth, etc.) may be requested, particularly via :

  • The creation of the personal account;
  • The contact form ;

The information collected are recorded in a computerized file by the Publisher in its capacity as processing Manager. You authorize the Publisher to use your data for the following purposes:

  • Make operations related to the management of persons registered on the site;
  • Carry out operations relating to direct prospecting by the Publisher, for products, services and content offered on the site, or similar.
  • Transmit to the professional the necessary information to organize and prepare the appointment of the user.
  • Allow the user to manage all of his appointments at any time via a secure personal account

Any other prospecting by the site editor or any assignment to third parties (trading partners etc.) of this data will be subject to the express consent of the user.

7.3 Retention of personal data

Personal data relating to users will not be retained beyond the strictly necessary duration for the management of the business relationship.

The data transmitted by the users on the site and used for commercial prospecting will be kept for a period of three (3) years from the end of the commercial relationship (unsubscribe from the newsletter and/or the personal account).

7.4 the site editor undertakes to take technical precautions to preserve the security of personal data and in particular to prevent it from being distorted, damaged or communicated to unauthorized third parties.

7.5 in accordance with law n ° 78-17 of 6 January 1978 on information technology, files and freedoms, the user has a right of access, modification, rectification and deletion of the data concerning him. The user may exercise these rights by contracting the Publisher by post or by e-mail, at the following addresses: MTHOR Solutions – legal service – 535 Route Des Lucioles, Les aqueducs B3, 06560 Sophia-Antipolis Valbonne

Your application must be accompanied by a photocopy of an identity document with your signature. The processing of such a request will be made as soon as possible and at the latest within 2 (two) months from your request. 

7.6 personal data of third parties

MTHOR Solutions users, as part of the " invite friends on the service " feature, are likely to communicate to MTHOR Solutions the third party email addresses.

The users of www.supplythebest.com undertake by communicating these addresses to have obtained the explicit and informed consent of their owners. Accordingly, the user releases the Publisher from any responsibility for the use of these emails in the context of sending an invitation on behalf of the user by e-mail.

The publisher undertakes not to use the email addresses of third parties for other uses.

 

  1. THIRD PARTY SITES

8.1 in the case where the services contain hypertext links referring to websites published by third parties (' third party sites ') on which the Publisher does not exercise any kind of control, the latter assumes no responsibility for the content of the third party sites or the content to which third party sites may return.

8.2 the presence of hypertext links to third party sites does not mean that the Publisher approves in any way the contents of third party sites. The Publisher is not responsible for any modification or update regarding third party sites. It is not responsible for the transmission of information from the third party sites, nor for the malfunction of the latter.

 

  1. RESPONSIBILITY

9.1 professional partners

The site allows the linking and appointment making with professional partners.

The Publisher shall not be held responsible for the comments, images or any other element distributed by the professional partners.

In no event shall the Publisher's liability be liable for any delay, error, or cancellation due to its partners, the latter acting only as intermediary allowing a connection 

Likewise, the user acknowledges that the responsibility of the Publisher cannot be sought in a possible dispute between him and the partner born in the course of his consultancy or service activities.

In its capacity as a connecting intermediary, and except for fault of its part, the Publisher cannot be held responsible for any damage suffered by the user as part of his relationship with the partner provider.

9.2 MTHOR Solution's liability

The sources of the information disseminated on the site are deemed reliable. However, the site reserves the right to not guarantee the reliability of the sources. The information given on the website is purely informative. Thus, the user assumes sole responsibility for the use of the information and contents of this site.

The user makes sure to keep his password secret. Any disclosure of the password, whatever its form, is forbidden.

The user assumes the risks associated with the use of his username and password. The site declines all responsibility.

Any use of the service by the User directly or indirectly resulting in damages must be compensated for the benefit of the site.

An optimal guarantee of the security and confidentiality of the transmitted data is not ensured by the site. However, the site undertakes to implement all necessary means to ensure the best security and confidentiality of the data.

 

  1. IP ADDRESS

At the request of the judicial authorities, the Publisher may transmit the IP address of the user, so that the latter is identified in cooperation with his Internet service provider.

 

  1. FORCE MAJEURE

Expressly, the parties consider that there is force majeure when an event beyond the control of the debtor, which could not reasonably be foreseen upon acceptance of the TOU and whose effects cannot be avoided by appropriate measures, performance of its obligation by the debtor.

The case of force majeure suspends the obligations of the party concerned during the time when force majeure will be played if this event is temporary. Nevertheless, the parties will endeavour to minimize the consequences as far as possible.

Failing that, if the impediment is definitive, the Parties shall be freed from their obligations under the conditions laid down in articles 1351 and 1351-1 of the civil code.

 

  1. EVIDENCE CONVENTION

The parties agree to consider messages received by facsimile or electronic means and more generally electronic documents exchanged between them, as original writings within the meaning of article 1316-1 of the civil code, i.e. as having the same value as that granted to the original. The parties agree to retain faxes or electronic writings in such a way that they may constitute faithful and lasting copies within the meaning of former article 1348 of the civil code.

 

  1. RUNTIME

The duration of this contract is indefinite. The contract produces its effects with respect to the user as from the use of the service.

 

  1. WAIVER

The fact that either party does not avail itself of one or more stipulations of the TOU shall in no case imply the waiver by that party to avail itself of it at a later date.

 

  1. PARTIAL NULLITE

In the event that certain provisions of the TOU are inapplicable for any reason, including by virtue of any applicable law or regulation, the Parties shall remain bound by the other provisions of the TOU and endeavour to remedy the clauses in the same spirit as the one which presided at the conclusion.

 

  1. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

The TOU are subject to French law. Any difficulties relating to the validity, application or interpretation of the TOU shall, in the absence of an amicable agreement, be submitted to the Tribunal de grande instance de Paris, to which the parties assign territorial jurisdiction, irrespective of the place of performance or domicile of the defendant. This attribution of jurisdiction also applies in the case of proceedings for interim measures, plurality of defendants or appeal as collateral.

Last update: 13 May 2021