Legal notice


The blu.e website accessible at the Internet address https://www.blu-e.fr or at any other address which may be substituted for it the is published by GDF SUEZ Energie Services, under its commercial name COFELY Services, French “Société Anonyme”, having its registered office at 1 place des Degrés, 92800 Puteaux – France, having an issued share capital of 698,555,072.00 Euros, registered as n°552 046 955 on the companies registry (RCS) of Nanterre.

© blu.e 2015 – All rights reserved.

DIRECTOR OF PUBLICATION: Mr Tanguy Mathon, he can be contacted by an ordinary letter at the address of blu.e’s registered office, as stated above.
WEBSITE HOSTING: this website is hosted by OVH, French "Société par Actions Simplifiée" having a capital of 10 059 500 €, having its registered office at 2 rue Kellermann 59100 Roubaix, registered as n°424 761 419 00045 on the companies registry (RCS) of Lille.

1-ACCEPTANCE OF GENERAL TERMS OF USE


Use of the Website and the information set forth on it is subject to accepting these general terms of use. As a result, any Internet user navigating on or using this Website shall be hereinafter called the “User”.

These general terms of use (hereinafter the “Terms of Use”) shall govern use of the Website and the User agrees to comply with the Terms of Use when it accesses the Website or uses it, and the services offered on it. The User’s use of the Website shall mean that the User has accepted the Terms of Use.

The Terms of Use may be modified at any time by blu.e. Such modification shall be immediately visible on the Website under the “Terms of Use” tab. Marketing of the offers products and services proposed on the Website is subject to the general sales terms available by mere request with blu.e.

2-MODIFICATIONS


blu.e reserves the right to proceed at any time and without notice with modifications, deletions or additions to the Website. In addition, blu.e declines all liability in the event of delays, errors or omissions regarding the Website’s contents and in the event of interruptions or unavailability of the Website or its contents.

3-WEBSITE'S ACCESSIBILITY


blu.e agrees to make its best efforts to secure the access, consultation and use of the Website pursuant to the Internet’s rules of use. The Website is as a general rule accessible 24 hours per day, seven days per week, except in the event of force majeure or an event outside of blu.e’s control, and subject to any breakdowns and maintenance necessary for the Website’s proper operation. blu.e shall in its sole discretion be entitled to suspend, interrupt or stop access to all or part of the Website for maintenance purposes. Access by any User of the Website can also be prevented by certain factors outside of blu.e’s control, including, but not exhaustively, the non-operation, ineffectiveness or non-adapted nature of the hardware used by the User to access the Website and/or the unavailability, non-operation or interruption of access to the Internet or of any telecommunication service used to access the Website.

4-INTELLECTUAL PROPERTY


All intellectual property rights and other rights related to the Website and to all elements it contains (including the texts, graphics, images, applications, software, designs and models, etc.) are blu.e’s property, pursuant to the provisions of the French Intellectual Property Code or, if applicable, the property of third parties who authorized blu.e to use them for the Website. The names, marks, signs and/or logos, including "blu.e", "blu.e pilot®", "blu.e box®", "blu.e system®","blu.e eco-efficiency" and/or "blu.e éco-efficacité", are protected by French and international legislation on intellectual property rights and, as a result, shall not be reproduced, imitated or used with blu.e’s express consent.

The User shall acquire no right to the Website, to all of the distinctive signs appearing on the Website or to the information from the Website, as all of such elements shall remain blu.e’s property and/or that of their respective owners. Pursuant to the Terms of Use, the User of has only a mere right of access and use of the Website, which is non-exclusive, non-assignable and non-transferrable. Any right that is not explicitly assigned herein shall be explicitly reserved by blu.e or third parties.

Any representation, re-use, reproduction, distribution, marketing and/or any other form of partial or total exploitation of this Website or of all or part of its contents by any process whatsoever without blu.e’s prior, explicit consent shall be prohibited and shall constitute intellectual property infringement within the meaning of the French Intellectual Property Code.

The User shall in particular refrain from modifying, re-distributing or reproducing the information set forth on the Website, regardless of the type of format or medium involved. The User further agrees not to use any automatic means of recovery (including a computer program) to collect the Website’s information, for any use whatsoever. Any violation may lead to criminal prosecution.

5-LIABILITY AND WARRANTY


The information provided on the Website is given for informational purposes. blu.e has attempted to ensure the accuracy of all of the information provided on its Website and shall attempt, to the greatest extent possible, to provide to the Users information and/or tools which are available, reliable, correct and verified. blu.e, its subsidiaries or affiliated companies, their managers, their directors, employees or respective agents or those of any other party involved in the creation, production or supply of the Website shall not be liable for any occasional or unexpected errors that may occur on the Website, for any failure by the Website to meet your needs, expectations or requirements or for any lack of accessibility within the meaning of Article 3 hereof. blu.e declines all liability regarding the information available on its Website and provides no warranty as to the exactness, accuracy or exhaustiveness of the information made available on the Website.

As a result, the User acknowledges, and explicitly accepts, to use such information subject to its exclusive liability and at its own risk. Neither blu.e nor its subsidiaries or affiliated companies or their managers, directors, employees or respective agents or any other party involved in the creation, production or supply of the Website shall be liable for any consequential harm resulting or related to the use or inability to use or access the Website or the information on the Website, which the User may incur.

blu.e shall not be held liable for the malfunctions related to technical problems or disturbances on the Internet or if use of all or part of the Website or of its contents by the User requires services, repairs or corrections to hardware or data, and the User shall assume all the costs related to such intervention.

6-HYPERTEXT LINKS


The Website may contain links leading to other websites published by third parties. blu.e cannot provide any warranty and shall not be liable for websites accessible by a link on the Website, whether involving information appearing on such websites or any content, products, or services described or proposed on such websites. The User acknowledges that by clicking on the hypertext links that he is leaving the Website and that such websites are not published or controlled by blu.e, which does not contribute to their contents. As a result, blu.e shall not be liable due to any harm, direct or consequential, caused by any contents, products or services available on such third-party websites.

Furthermore, blu.e shall not be liable for the hypertext links leading to one or several pages of the Website from third-party websites. blu.e does not provide any warranty as regards such websites, whether involving information appearing on such websites or any content, products or services described or proposed on such websites.

7-PERSONAL DATA


Personal data shall include all the information regarding the User as an individual which directly or indirectly identifies him or makes him directly or indirectly identifiable. Such information shall include the data disclosed by the User at the time of his registration on forms.

The Website has been the subject of a declaration with CNIL. Pursuant to the Computers and Freedoms Act, blu.e informs all Users that the personal data that they have disclosed on the Website are subject to computer processing necessary for its proper operation.

Personal data related to the User shall be processed for the following end uses: management of blu.e’s clients, management of operations related to prospecting for new clients, administration of the Website and analysis of its use in view of its maintenance and its evolution. They may be disclosed to blu.e’s contractual partners who participate in performing such end uses (such as technical service providers), to a company that may purchase blu.e’s business of if blu.e were required for such purpose by a judiciary or administrative authority, or to third parties if the access, storage or disclosure of such data is reasonably necessary so that blu.e may comply with it s legal obligations, to perform the Terms of Use, for the purposes of defending its interests or responding to a third party’s claims.

Pursuant to the provisions of Articles 39 and 40 of the Computers and Freedoms Act, the User shall have a right of access, correction, opposition and deletion of the personal data related to him, which he may exercise upon a mere written request by writing to:

blu.e - Cofely Services - 1 place des Degrés, 92800 Puteaux, FRANCE

8-COOKIES


Cookies are small files saved on the disk drive of the User’s computer when he navigates on the Internet. A cookie saves the information regarding the User’s path on the Website and the means by which he accessed the Website (by way of example, direct access through insertion of the Website address in the User’s navigator or clicking on a link or a banner of a third-party website), which may be directly read by the servers used by blu.e at the time of the subsequent visits and requests on the Website.

blu.e shall use cookies in order to:

  • - establish statistics to measure the Website’s visitors,

  • - facilitate the User’s navigation on the Website,

  • - improve the Website’s quality.


The User may manage settings of the cookies on the disk drive of his computer via the options of his Internet navigator (in Internet Explorer, the“Tool” tab, “Internet Options”, “Confidentiality” part, on Firefox, “Tools, “Options…” button, “Privacy” and “Cookies” tab). By modifying these settings, the User may decide to accept all cookies, to be informed of the activation of a cookie or to reject all of the cookies. If the User chooses to modify such settings, his navigation may be reduced to access some of the Website’s pages or such navigation may be rendered impossible. The User may also regularly destroy the cookies stored on his disk drive or establish a “black list” of websites whose cookies he does not wish to have stored on his disk drive.

9-GOVERNING LAW & JURISDICTION


The Terms of Use are governed, for their execution, interpretation and performance. Any dispute between blu.e and a User related to the existence, validity, interpretation or performance of the Terms of Use or any of their clauses, not able to be resolved amicably, shall be subject to the jurisdiction of the competent courts.

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