General terms and conditions

Preamble – scope of application:

INNOVATION WAY, a simplified joint stock company with capital of 25,000 Euros, with registered office at 8, rue Bastien Lepage in NANCY (54000), registered at the Companies Register (RCS) of Nancy under the number 825 193 477 (hereinafter Innovation Way) exploits an auto diagnostic tool on line in the form of a Questionnaire, which allows companies to evaluate their capacity to innovate by using the Index of Innovation Potential, developed by the ERPI laboratory (Equipe de Recherche sur les Processus Innovatifs) of the University of Lorraine.

The responses to this Questionnaire generate more or less detailed evaluation reports, depending on the choice of the User. These reports are provided to the User paid or unpaid.

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94 AVENUE DE LA SARRIETTE
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ARTICLE 1 – DEFINITIONS

“Site” designates the Innovation Way Site, accessible from the URL address, www.innovation-way.com or any other address, which may be substituted.

“User” designates any natural or legal person, who visits one or more pages of the Site and, where applicable, uses for payment or free of charge, the Services offered on the Site.

“Services” designates the entirety of the Services from the company, Innovation Way offered to the Users on the Site, in particular the Questionnaires and the report generated (Simplified or Full), in their present and future versions, including any amendment to which they may be subject.

“General Terms and Conditions” designates the present General Terms and Conditions of Use of the Site and the service accessible on that Site, which links the User to Innovation Way.

“Questionnaire” designates the Questionnaire accessible on the Site and offered to the Users, who wish to evaluate the capacity to innovate of their organisation.

“Simplified Report” designates the free report, generated in consequence of the answers given to the Questionnaire by the User.

“Full Report” designates the report against payment, generated in consequence of the responses made to the Questionnaire by the User.

“Partner” designates any structure, natural or legal person, private or public, collaborating or likely to collaborate, on a temporary or permanent basis, with Innovation Way during the exercise of its activity.

“Content” designates the entirety of the information and publications accessible on the Site and in particular its general structure, the texts, the numerical data, the graphs and tables, the images, whether animated or not, the videos, the sounds, the hypertext links, of which the Site is composed, its distinctive signs, trademarks and logos constituting its graphical charter and the data bases linked as appropriate.

“Form” designates the registration form, which allows the User to register in order to benefit in whole or in part from the free Services offered by Innovation Way and, where appropriate, to subscribe to one or more Services, for which there is a charge.

“Account” designates the User’s individual account, created on that Site by virtue of a password and an identifier, which permits the User to benefit from the Services.

ARTICLE 2 – OBJECT

The purpose of the present General Terms and Conditions is to define the terms and conditions for navigation on and use of the Site and the use of the Services by the Users.

ARTICLE 3 – ACCEPTANCE AND AMENDMENT

3.1 Access to and use of the Site and the Services are subject to the User’s acceptance of and compliance without reserve of the present general terms and conditions, which the latter must read carefully.

The present General Terms and Conditions shall apply, where applicable, to any adaptation in or extension to the Site on social networks and/or in communities, existing or in the future.

3.2 With respect to the evolving nature of the Site and the Services, which may be subject to modifications, in particular, by the provision of new functionalities, or the suppression or modification of certain functionalities, the General Terms and Conditions may be amended at any time by Innovation Way.

ARTICLE 4 – REGISTRATION FOR THE SERVICES

Registration process:

In order to use the Services, the User must register on the Site, by filling out the form provided for this purpose. Any natural person with legal capacity to conclude contracts may register.

On registration an account is automatically opened in the name of the User; this account gives him access to a personal space, where he can manage his use of the Services and benefit from the history of the Questionnaire(s), for which he has applied, in a form and in accordance with the technical resources, which Innovation Way judges to be the most suitable in order to provide the said Services.

Strictly personal use:

The User may access his personal space at any time, subject to the cases listed in Article 4 of the present general terms and conditions, having first identified himself by means of his e-mail address and his password.

The User undertakes that he shall use the Services for his personal use and that he shall not authorise any third party to use them in his stead or on his behalf.

The User is responsible for maintaining the confidentiality of his e-mail address and password. If it comes to his attention that his account has been used without his knowledge, the User undertakes immediately to notify Innovation Way, to whom he assigns the capacity to take all the measures appropriate in such a case.

ARTICLE 5 – FINANCIAL CONDITIONS

Certain Services are provided free of charge, others incur a charge, in accordance with the terms and conditions stipulated below.

5.1 Simplified Report free of cost. Innovation Way allows the User to receive, free of charge, a limited number of Simplified Report, prepared on the basis of the User’s responses to the Questionnaire, designed to evaluate his capacity to innovate in accordance with the Index of Innovation Potential. The quantity of Simplified Report free of cost is limited per company and per year and may be amended at any time by Innovation Way, at its entire discretion.

5.2 Financial conditions for the extension of the number of Simplified Report. Innovation Way allows the User to increase the number of Simplified Report editable on the Site. This extension is the subject of a specific contract between the User and Innovation Way.

5.3 Financial conditions of the Final Report. Having completed the Questionnaire, the User may choose to benefit from a Full Report, which offers an analysis and recommendations for the improvement of the capacity of his organisation to innovate.

Payment shall be made in full by the User on the Site by bank card or PayPal or  will be the subject of a specific contract between Innovation Way and the User.

The cost of this Full Report may be amended at any time by Innovation Way, at its entire discretion.

Innovation Way reserves the right, at its entire discretion and in accordance with the terms and conditions, of which Innovation Way shall be the sole judge, to make available promotional offers or price reductions.

ARTICLE 6 – UNDERTAKINGS AND LIABILITY OF INNOVATION WAY

6.1 Access to the Site. Innovation Way shall use all the reasonable means at its disposal to ensure the quality of access to the Site and the use of the Services. The Site is accessible 24 hours out of 24, 7 days out of 7 except in the case of force majeure within the meaning of Article 1218 of the French Civil Code and subject to possible breakdowns and maintenance work required for the good functioning of the Site.

Innovation Way reserves the right to interrupt, temporarily suspend or modify, without prior notice, access to the Site and/or the Services in whole or in part, in order to conduct maintenance or for any other reason; interruption of the Site shall not give rise to any obligation or compensation with respect to the User.

Innovation Way also reserves the right to change or remove the information displayed on the Site without prior notice.

More generally, despite all the care taken to ensure a consistent quality of use of the Site, Innovation Way shall not accept any liability whatsoever, which the User acknowledges expressly and without reserve, in the event of the occurrence of the following events:

– anomalies, faults or bugs in the information, Services and software provided on the Site;

– interruptions or breakdowns on the Site;

– incompatibility of the Site with material or a software configuration owned by the User.

6.2 Limitation of liability. The Questionnaires and Reports generated, (Simplified and Full), and more generally, all the Services offered by Innovation Way are constantly updated and should not be regarded as perfect or exhaustive.

Innovation Way undertakes to provide to the User Services resulting from its know-how, with care and with a view to constant improvement. Innovation Way, however gives no guarantee that the Questionnaires and Simplified and Full Reports produced shall respond exactly to the specific expectations or constraints of the Users. It shall be expressly understood that Innovation Way is obliged to provide the means, to the exclusion of any obligation to achieve a specific result, which the Users expressly acknowledge and accept.

6.3 Indirect loss. Moreover, Innovation Way shall accept no liability whatsoever for indirect and/or intangible, foreseeable or unforeseeable losses (including loss of profits) arising from the use of the Services or the impossibility in whole or in part of accessing the Site.

ARTICLE 7 – OBLIGATIONS AND LIABILITY OF THE USER

7.1 Resources required for access to the Site

Access to the Site by the User requires that the User possesses information technology resources, software and an Internet connection, which are suitable, efficient and secure.

Consequently, the User shall be personally responsible for his choice of equipment and Internet connection and Innovation Way shall on no account accept liability for possible consequences arising from the installation and use of the User’s information technology material or Internet browser.

7.2 Conditions of Use of the Site and the Services

The User expressly undertakes, pursuant to these conditions:

unless it has the prior express, written agreement of Innovation Way to make no commercial use of the elements, data and information published on the Site,

to use his password and identifier solely for the purpose of signing in. In this respect, the User must not inter alia communicate, circulate, share or make accessible in any way whatsoever his password to any third party.

 

to use the Services in accordance with their purpose specified in the present General terms and conditions.

If the User breaches any of his obligations, Innovation Way shall have the right, having in the first instance notified the User, to suspend temporarily his access to the Site or to exclude him permanently from accessing the Site. In the event of any breach of the law or of the present General Terms and Conditions, Innovation Way reserves the right to initiate judicial procedures, proceedings or claims against the Users responsible.

ARTICLE 8 – INTELLECTUAL PROPERTY

8.1 Intellectual property on the Site and its Content

The Site constitutes a work protected by the laws in force on intellectual property, of which the company, Innovation Way is the sole proprietor.

The entirety of its content, such as its general structure, the texts and images, whether animated or not, and more generally, all the elements making up the Site are protected and are subject to French and international laws on author’s rights and intellectual property.

All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations.

Innovation Way is a registered trademark. All use of this trademark without prior, written authorisation from its proprietor is prohibited.

Any use whatsoever, in whole or in part, of the names, trademarks and logos of the Site, including in particular, but not restrictively, the commercial trademarks and names held by Innovation Way, is prohibited without the express, prior, written authorisation from Innovation Way. Any reproduction, representation by any process whatsoever, totally or partially, of the Site or of any one of its elements, in whole or in part, without the prior written consent of Innovation Way, is strictly prohibited and shall constitute a counterfeit.

8.2 Intellectual property on the Services

Innovation Way is, and shall remain, the exclusive proprietor of all the intellectual property rights, notably author’s rights, with respect to the Services offered on the Site, in particular in the Questionnaires and reports generated, both Simplified and Full, whether this concerns their content, their pattern, structure or graphical representation.

The use of the Services shall confer no transfer of the intellectual property rights in favour of the User, which the latter expressly acknowledges.

The User shall therefore expressly refrain, under penalty of prosecution for counterfeiting, from reproducing, totally or partially, in whole or in part, the logical sequence, the sequence of questions, the actual content of the questions, analyses and recommendations in the Questionnaire and the Simplified and Full Reports generated, and from re-using them, in whole or in part, without the prior written authorisation of Innovation Way.

ARTICLE 9 – RELATIONS WITH PARTNERS AND ADVERTISERS

Any commercial relations, whatever these may be, which the User may or might entertain, at the time of using the Services, with the Partners of Innovation Way or the advertisers present on the Site, shall be directly with the Partners or the advertisers, and Innovation Way shall not be a party to these relations. Innovation Way shall on no account be held liable for any damage incurred by the User consequent on his relations with the Partners of Innovation Way or the advertisers.

ARTICLE 10 – HYPERTEXT LINKS

The Site may contain hypertext links to other Internet Sites, over which Innovation Way has no control. Despite the checks carried out prior to setting up any hypertext link on the Site, Innovation Way refuses to accept any liability as regards the contents of these Sites and the updates which may be made to them.

ARTICLE 11 – COOKIES

The User is notified that, when he visits the Site, a cookie may be installed automatically in his browser software.

A cookie is a block of data, which cannot identify the User, but which serves to record the information relating to the latter’s navigation on the Site.

On the Site the cookie allows the User to be automatically identified, without having to enter his identifier and password every time he connects to the Site.

The User may, however, prevent the storage of cookies by altering the settings on his Internet browser.

ARTICLE 12 – PROTECTION AND COLLECTION OF DATA (CNIL)

12.1 Data collected. In order to be able to use the Services, in particular in order to complete the Questionnaire and to benefit from the Simplified or Full Report consequently generated, the User shall be requested to provide a certain number of data relating to the organisation of his company; some of these data may be personal data within the meaning of the French Data Protection Act of 6 January 1978, as amended in 2004.

The organisation with responsibility for processing the data collected is Innovation Way domiciled at 8, rue Bastien Lepage in NANCY (54000).

Innovation Way shall use its best endeavours to ensure the protection and integrity of the personal data in compliance with the aforesaid French Data Protection Act.

Within the meaning of the aforesaid law, personal data includes all the data concerning the User, in his capacity as a natural person, which the latter has communicated of his own free will to Innovation Way on the Site, by means of the various heading and forms, notably as regards use of the Services.

12.2 Purpose for which the data collected are used. Only the data collected on the Site, relevant to the activity of Innovation Way are used. Pursuant to Article 32 of the French Data Protection Act, Innovation Way notifies the User that the data collected on the Site are used or may be used:

– to allow the User to use the Services of Innovation Way efficiently;

– to carry out analyses of data to draw up reports relating to innovation within the companies and to transmit these reports to the Partners of Innovation Way;

– for commercial purposes with the aim of offering the companies Services adapted and personalised to their needs;

– for research purposes by the research laboratories working in partnership with Innovation Way;

– for the despatch of information letters, or “newsletters” or of commercial offers from Innovation Way;

– for statistical purposes related to the frequentation of the Site.

12.3 Storage of data.

The personal data communicated by the User to Innovation Way on the Site are collected; processed and stored by Innovation Way in accordance with the aforesaid French Data Protection Act.

12.4 Right of access and correction. In accordance with the aforesaid law, the User has a right of access, correction and objection to the information relating to him.

If the User wishes to exercise this right, it is sufficient to contact Innovation Way, attaching to his request a copy of his identification document, to the addresses below:

Postal address: Innovation Way, 8 rue Bastien Lepage, 54 000 NANCY, FRANCE

By e-mail: contact (‘1@1’) innovation-way.com. (please replace (‘1@1’) by (@))

ARTICLE 13 – PARTIAL NULLITY AND REVOCATION

If any one of the provisions of the present General Terms and Conditions is annulled or declared inapplicable, in whole or in part, the validity of the remaining provisions shall remain unaffected and shall thus remain in full force.

If Innovation Way fails to avail itself of any one of the provisions of the present General terms and conditions, Innovation Way shall, on no account be deemed to have renounced its right to avail itself of the provision in the future.

ARTICLE 14 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES

The present General Terms and Conditions shall be interpreted under and governed solely by French law, irrespective of the nationality of the User.

In the event of a dispute arising from the use of the Site and/or the Services of Innovation Way, the Commercial Court in Nancy is the sole competent Court.

For any question relating to the use of the Site or the Services, the User may send an e-mail to the following address: contact@innovation-way.com or a letter to the postal address below:

ARTICLE 15 – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

As a User, I declare that I have taken cognisance of the present General Terms and Conditions and that I accept them expressly and unreservedly.

8 rue Bastien Lepage
54000 Nancy
FRANCE
+33 (0)3 72 74 35 54