TERMS AND CONDITIONS
By sending an e-mail to our Law Firm (as defined hereafter) through a “mailto” link reproduced on the WebSite (as defined hereafter) or by accessing and/or by using the WebSite, each individual (referred to as the “User”) declares and warrants that he/she has read the following terms and conditions (including the “legal information”, the “privacy statements”, the “copyright”, and the “other provisions” reproduced hereafter) and agrees to be bound by them without any conditions, limitations and/or modifications.
The website, accessible from the URLs www.dca-avocats.com (referred to as the “WebSite”) is published by SARL DESWARTE-CALMET located at 85, avenue du général de Gaulle – 98 800 – Nouméa, Nouvelle-Calédonie,
phone : +687 28 70 10 (referred to as the “Law Firm”).
DESWARTE-CALMET is a SARL.
The Editor of this WebSite is Mr. Jean-Jacques DESWARTE.
The company providing the design concept : BECOM
BP15612 – 98 804 – Nouméa Cédex, Nouvelle-Calédonie,
phone : +687 758 028
The company providing the hosting services is : BECOM
BP15612 – 98 804 – Nouméa Cédex, Nouvelle-Calédonie,
E-mail addresses and any other personal data voluntarily included by the User for identification purposes in his/her e-mail sent to the Law Firm, and the User’s IP address (Internet Protocol address) relating to his/her connection to the WebSite are the only personal data which may be collected and processed by the Law Firm through its WebSite (referred to together as the “Personal Data”).
E-mail addresses and any other personal data included by the User for identification purposes in his/her e-mail are collected through a “mailto” link on the WebSite which allows the Users to send an e-mail to the Law Firm or to one of its members. This data is collected, processed and recorded exclusively for the purpose of responding to the e-mails. A valid e-mail address must be sent to the Law Firm in order to receive an answer and any other personal data provided is optional. The Personal Data sent by e-mail are recorded and kept for a period of time consistent with the purpose of their collection and processing.
The User’s IP addresses are collected, processed and recorded by the Law Firm exclusively for the purposes of discovering any malfunction of the Website and/or the servers where the Website is hosted, securing the Website and/or the servers where the Website is hosted and using the data for statistical purposes without identifying the User.
The Personal Data is not leased nor transferred to any third party, whether free of charge or not. The foreign office of the Law Firm is not regarded as a third party.
Any User who proves his/her identity has the right to ask to the Law Firm for:
– confirmation as to whether or not Personal Data relating to the User is being processed by the Law Firm or on its behalf;
– information as to the purposes of the processing, the categories of Personal Data processed and the recipients or categories of recipients to whom the Personal Data is disclosed in the Law Firm;
– information as to the transfer, of Personal Data relating to the User, to a country outside the European Community;
– communication, in an intelligible form, of the Personal Data relating to the User and any available information as to their source. A copy of this data is provided to the User, free of charge, upon his/her request, provided that such request is not unreasonable, in particular due to its repetitive or systematic nature.
Any User, upon proof of his/her identity, has the right to request, as appropriate, the rectification, completion, updating and/or erasing of Personal Data which are incomplete, inaccurate, expired, or of data, the processing or the recording of which would be forbidden.
The rights of the User referred to above can be exercised by sending an e-mail to email@example.com or by sending a letter to the following address : DESWARTE-CALMET, 85, avenue du Général de Gaulle, 98 800 Nouméa, NEW-CALEDONIA.
Personal Data relating to the members of the Law Firm which are given access to the WebSite cannot be collected and/or be processed without the prior and express consent of the individual concerned. In particular, Users are not allowed to collect and process this data, whether automatically or manually, to send unsolicited commercial messages or any other kind of messages which would not have a direct connection with the activities of the Law Firm.
The WebSite and any work and material composing the WebSite, in particular any text, article, newsletter, brief, statement, presentation, illustration, photograph, software, digital animation, drawing, logo, etc., are and remain the exclusive property of the Law Firm.
Users are allowed to represent the WebSite on the screen of their personal computer and print the WebSite pages for their own personal use. Users are allowed to temporarily reproduce the WebSite in the cache memory of their personal computer only for the purpose of facilitating the viewing of the WebSite.
Notwithstanding the previous paragraph, Users are not allowed to copy, represent, modify, adapt and/or translate, whether in part or in whole and whether for free or for financial consideration, the WebSite and/or any work and material composing the WebSite, and are not allowed to copy or represent such translation, modification, adaptation, whether in part or in whole, whether for free or for financial consideration, without the prior and written consent of the Law Firm.
As an exception to the foregoing, the Law Firm grants to Users the right to download on their personal computer the newsletters and any other documents which are made available to the Users, in a computer file form, for the express purpose of being downloaded by the Users. These files are downloadable only through a hypertext link with the reference “download this document here” or any other reference specifying that the Users are allowed to download them. With regard to these files, and subject to specific provisions reproduced on these documents which will prevail over these Terms and Conditions, Users are allowed to keep a copy of the files downloaded and to print these documents only for private use. Users are not permitted to distribute these files to any third parties, including via e-mails, printed versions, distribution by any tangible medium and/or by making these files available on a server, whether on a public or a private network.
The WebSite is strictly limited to personal use by the Users.
The WebSite and any documents, information and data provided therein are intended to provide general information relating to the Law Firm and its areas of business.
The WebSite and any documents, information and data provided therein cannot be regarded or interpreted as providing legal advice and/or as a canvassing, a solicitation and/or an offer of services.
The WebSite has been submitted to the Noumea Bar Association (“Ordre des Avocats du Barreau de Nouméa”).
Users are solely liable for any use of the information contained therein and the Law Firm shall not be held responsible for any damages, direct, indirect or otherwise, arising from the use of the information provided on the WebSite by the Users. The Law Firm does not warrant the access to the WebSite without interruption.
The Law Firm is not responsible for any information or material reproduced on third parties’ websites accessible through a hypertext link set out on the WebSite or in any documents downloaded from the WebSite.
Users are not allowed to create a link targeting the WebSite and any webpage and/or any material within the WebSite without the prior and written consent of the Law Firm.