Overkiz

TERMS OF USE

These terms of use sets for the terms of use on which you may make use of Overkiz's Website www.overkiz.com (hereinafter "Website"). Please read these terms carefully before using Overkiz's website. By accessing Overkiz's Website, you agree to comply with these terms of use. If you do not agree to them, you must not use Overkiz's Website.

Legal information about Overkiz

We, OVERKIZ SAS, with head office Allée de la Mandallaz, Immeuble VARIATION A, 74370 METZ-TESSY, capital 3.576.600 euros, registered under nr 501 097 760, are the owners of this Website.

The publishing director of this Website is Jasna Musanovic (Marketing and Communication Manager).
In case of any comment regarding the Website itself, please contact the publishing director at info@overkiz.com. Please use the direct link "Contact us" section.
This Website is hosted by OVH (2 rue Kellermann 59100 Roubaix).
Phone number 0899 701 761

Targeted use and users

This Website is aimed at any person worldwide wanting to get general and institutional information about OVERKIZ.
Products shown or services described in this Website may not be available in all countries.
Use of our Website entails automatic acceptance of our practices and compliance with this legal notice.

Updating overkiz's website

We may update this website from time to time and we may occasionally update these terms of use. For these reason, read them for each visit of Overkiz's Website.
Information on products and services may not be accurate, complete, reliable, error-free and up to date (in particular to date at the time of the last update) for each of them and every country.
The best we recommend to you is to check it with OVERKIZ's team by using the direct link "Contact us" section.

Availability of the content

OVERKIZ will do its best efforts to ensure the availability of its website but OVERKIZ do not guarantee that the website or any content will be continuously available.
We may restrict access to some part of its website, suspend, change all or part of it, without notice.
Moreover, OVERKIZ will do its best to guarantee the user maximum security while browsing on the website. However, OVERKIZ declines responsibility for the following situations :

  • If unable to temporarily access the website, because of technical maintenance or updating of published information;
  • In case of virus attack or by a third party from the website, and its possible consequences;
  • In case of abnormal use or illicit exploitation of the website, the user is the only responsible for damage to third parties and the consequences of actions or claims that may arise;

The information on the Website are for information and guidance only and not the responsibility of OVERKIZ on the basis of their accuracy.

"On line" services

OVERKIZ may provide on line services which may be available on a restricted access basis (notably with login details), for example the opening of API in line.
We may require you to register before we provide such one line services. When you register, you must provide true and accurate information, as required.
You must not disclose the login details to third parties and treat it as individual and confidential. If you suspect that someone else knows and/or uses it, you must notify us without delay.

Overkiz will do its best efforts to provide a clear information about the appropriate use of these services and if relevant (including the necessary moderation to use), the risks arising. However, please note that regarding the ressources made available, it's impossible for Overkiz to check, monitor or moderate each use of on line services.

Such kind of services are granted for professionals with a certain level of IT competences and knowledge. If you use these services, you will need to fully accept and comply with the dedicated terms of use. Otherwise, OVERKIZ may suspend or block the use of this part of website if we discover any misuse.

Copyrights

This Website as well as information contained (including pictures, drawings ...) is protected by copyright. All rights are therefore reserved. The absence of attribution of ownership of such marks on this Website shall not be construed as any claim of rights by us.

This Website is the result of the collaboration of HD COMMUNICATION SARL (capital 120 000 euros - 9 Rue des Bois 60153 RETHONDES - register of companies at COMPIEGNE number 478 708 969) and OVERKIZ.

Any copy of such information must include all our copyright and proprietary notices.
You are not authorised to modify such information. As an exception, you are authorized to translate such information to facilitate the understanding by your teams, in which case you are liable for any translation you could make.
We reserve the right to revoke such authorisation at any time upon notice, sent individually or given on this Website. Any use shall then be interrupted immediately.

Trademarks

OVERKIZ Trademarks and all brands figurative or not and more generally all other trademarks, illustrations, images and logos mentioned on this Website, whether registered or not, are and remain the exclusive property of OVERKIZ SAS or of its affiliates in the world or are reproduced with the consent of their owners.

Total or partial reproduction, modification or use of these trademarks, illustrations, images and logos for any reason and on any medium whatsoever, without the express prior consent of OVERKIZ SAS, third parties or the holder of trademarks is strictly prohibited except in order to create a hypertext link to our Website in accordance with paragraph 5 below.

Access to the website, as its use, do not confer any rights to trademarks and other illustrations, images, logos contained therein.

Other intellectual property rights

Any product, process or technology described in this Website may be the subject of other Intellectual Property Rights reserved by us or third parties.
No rights to use Intellectual Property Rights are hereby granted.

Other intellectual property rights

Links made by us: we provide hypertext links to various other Websites for your convenience. However, we do not represent or control any such Websites and we are not liable for their content. We ask that you comply with any terms of use of third parties' Websites you may access through this website.

Links made by you: making a link to our Website requires our written prior authorization, except under the following cumulative conditions:

We reserve the right to demand that a link be suppressed immediately in the case we judge our interests at risk.

Liability

  1. WE MAKE EVERY EFFORT TO PROVIDE YOU WITH ACCURATE, COMPLETE AND CURRENT INFORMATION. HOWEVER, OVERKIZ DOES NOT OFFER GUARANTEE ON INFORMATION CONTAINED IN THIS WEBSITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OVERKIZ EXCLUDE ALL WARRANTIES, REPRESENTATIONS OR CONFLICTING TERMS WHICH MAY APPLY TO THE USE OF THE WEBSITE.
  2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OVERKIZ WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE DUE TO VIRUS ATTACK OR ANY TECHNOLOGICAL HARMFUL MATERIAL THAT MAY INFECT YOUR IT EQUIPMENT. THIS DOES NOT AFFECT OVERKIZ'S LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE OR ITS LIABILITY FOR FRAUD.
  3. We cannot assure that the information in this Website comply with the applicable laws of your country. You access this Website on your own initiative and are responsible for compliance with all laws of public order of your country.
  4. We invite you to check all information contained in the Website by contacting OVERKIZ's staff.
  5. ACCESS TO AND USE OF THIS WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. IT IS NOTABLY YOUR RESPONSIBILITY TO PROTECT YOURSELF AGAINST ANY VIRUSES OR OTHER ITEMS OF A DESTRUCTIVE OR DAMAGING NATURE.

General

The failure of OVERKIZ to require or enforce strict performance of any provision of these Terms of use or failure to exercise any right under them shall not be construed as a waiver of OVERKIZ's rights.

If these Terms of Use is found to be unenforceable by any court of competent jurisdiction, such provision shall be ineffective solely to the extent of such unenforceability, and the remaining terms shall continue in full force and effect;

If you're considered by the applicable law as a "consumer" (or similar), your statutory legal rights are not affected by these terms.

Governing law and jurisdiction

French law and the exclusive court jurisdiction of the Paris courts apply in case of any dispute arising out of your access or your use of this Website, without regard to principles of conflict of laws, except mandatory provisions by law.

Privacy

Please review our Privacy Policy, which also governs the terms of use, to understand the OVERKIZ's practice in this area.