Terms of service

Last updated: January 2021

 

 

 

The International Institute of Refrigeration, an intergovernmental organisation declared under number 784 710 790 000 14 with registered office located at 177, boulevard Malesherbes, 75017 Paris, telephone number: 01.42.27.32.35, email: iif-iir@iifiir.org, offers the above-mentioned products subject to the following terms and conditions.

 

Preamble

1. Users who wish to use this website are deemed to have read these general terms and conditions of use (“terms of use”).

2. They must read any new version of these terms of use at each visit.

3. These terms of use are neither terms of sale nor a service agreement.

4. They are intended to constitute the rules that must be followed by any user visiting the http://www.iifiir.org website.

 

Definitions

5. The following terms shall have for the parties the meaning set forth below:

“internet”: means a network of networks that allows the exchange of information through a protocol called TCP/IP. Data is transmitted through networks of a different nature that are able to read the messages according to such technical standard. Each element of this network belongs to private or public organisations that operate them in cooperation without necessarily involving a bilateral obligation of quality;

“member”: means a natural person with a private membership or a legal person with a corporate membership of the International Institute of Refrigeration;

“party”: means, in the singular, either the International Institute of Refrigeration or the user and, in the plural, both the International Institute of Refrigeration and the user together;

“services”: means features offered by the website to users, including, but not limited to access to: publications (journals, proceedings of conferences, books, informatory notes, files on regulations and thematic files), the FRIDOC database, news (refrigeration sector monitoring, press releases), events (conference series, agenda), directories (expertise directory, laboratory directory), personalised information searches, courses and training, the International Dictionary of Refrigeration;

“user” or “you”: means any person, member or non-member, accessing and using the features of this website.

“website”: means the website available at https://www.iifiir.org.

 

Purpose

6. The purpose of these terms of use is to set out the terms and conditions for use of the website and all the pages of the website.

 

Documents

7. Where there is any inconsistency between documents of different nature or rank, the parties expressly agree that the provisions contained in the document with the higher rank in the order of priority shall prevail with regard to the conflicting obligations. In case of discrepancy between the provisions of documents of the same rank, the most recent documents shall prevail.

8. Notwithstanding the rules for the interpretation of contracts laid down by the French Civil Code, the following order of precedence shall apply:

obligation per obligation;

or, failing that, paragraph per paragraph;

or, failing that, article per article.

 

Effective date - Term

9. These terms of use take effect upon posting online and will apply to and be binding on you upon your first use of the website.

10. They will remain in effect throughout the time period during which the website is used, unless and until replaced by new terms of use.

11. You may at any time stop using the website but will remain responsible for any prior use.

 

Access to the website

12. Access to the website is free.

13. The website is accessible 24 hours a day and 7 days a week.

14. The International Institute of Refrigeration strives to provide quality access and to enable users to use the communication means made available to them in the best conditions.

15. The International Institute of Refrigeration will uses its best efforts to enable access and use of the website in accordance with the state of the art, but due to the nature and complexity of the internet network, and in particular its technical performances and response times for consulting, searching or transferring data, the International Institute of Refrigeration cannot guarantee that the website will be accessible or available at all times.

16. The International Institute of Refrigeration reserves the right, without notice or compensation, to temporarily or permanently close the website or the access to one or more remote services for the purposes of performing operations such as updates, modifications or changes to the operational procedures, servers, and access hours.

17. The International Institute of Refrigeration will not be liable for damage of any kind that may result from these changes or from the temporary unavailability or permanent termination of all or part of the website or one or more of its services.

18. The International Institute of Refrigeration reserves the right to enhance or modify the website and the services available thereon at any time according to technological developments.

19. Users must ensure that their computer and transmission means are capable of following the technological developments of the website.

20. Some parts of the website or services offered are accessible only to users with a personal account and a password, obtained via the “Log in” section, and allowing access to a ‘My Account’ area, according to the terms and conditions appearing on the online registration form and these terms of use.

21. You guarantee the accuracy of the information given during the registration process.

22. A user who does not have a personal area is prohibited from accessing any personal area and must refrain from entering or attempting to enter such personal area. Such access shall be regarded as an unauthorised access within the meaning of the French Penal Code.

23. If a user who does not have a personal area accesses such personal area inadvertently, without authorisation, he or she must inform the website publisher to the following address: International Institute of Refrigeration, 177 Boulevard Malesherbes, 75017 Paris

24. Users must assume that all data found during such access is confidential and agree not to disclose it.

 

Security

25. The International Institute of Refrigeration uses its best efforts, in accordance with the state of art, to secure the website in relation to the risk incurred and the nature of the data processed. However, the International Institute of Refrigeration cannot be held responsible in that respect except in the event of proven fault on its part.

26. The website is an automated data processing system.

27. You are forbidden to access or remain in all or part of the website without authorisation. You are forbidden to access the website via any method other than the interface provided by the International Institute of Refrigeration. If you discover such other access method or enter a restricted area inadvertently, without authorisation, you undertake to inform the International Institute of Refrigeration without delay by email to webmaster@iifiir.org so that the International Institute of Refrigeration can take appropriate action.

28. You are forbidden to delete or modify data contained on the website that have not been posted or uploaded by you, or to fraudulently enter data thereon or otherwise adversely alter the functioning of the website. You must in particular not introduce viruses, malicious codes or other technology harmful for the website.

29. Any access to a prohibited area will be considered as an unauthorised access within the meaning of the French Penal Code.

30. You must assume that all data found when accessing a prohibited area is confidential and agree not to disclose it.

31. You must not saturate a page, take bounce actions or any other action that may interfere with or distort the operation of the website.

32. You must not use devices or software of any kind that would result in disrupting the proper functioning of the website.

33. You must not take any action that would impose a disproportionate burden on the infrastructure of the website.

34. You agree to the characteristics and limitations of the internet. You are aware that data circulating on the Internet is not necessarily protected, particularly against possible misuse.

35. You must take all appropriate measures to ensure the security of your own data and/or software and protect them from contamination by viruses on the internet network.

 

Password

36. Passwords are strictly personal and confidential.

37. You are solely responsible for protecting and maintaining the confidentiality of your password and other associated confidential data. You must take all useful measures to ensure their complete confidentiality.

38. Any use of the website services with your password will irrefutably be deemed to have been made by you.

39. You must notify any theft of your password without delay. This notification must be sent by email to membership@iifiir.org.

 

Advertising and promotion on the website

40. The International Institute of Refrigeration reserves the right to broadcast free or paid advertising or promotional messages on its website.

 

Hyperlinks

41. The International Institute of Refrigeration reserves the right to provide hyperlinks on its website giving access to web pages other than its website pages and over which the International Institute of Refrigeration has no control.

42. The International Institute of Refrigeration accepts no responsibility for the content of the information provided on such sites via the activation of hyperlinks.

43. If you have a personal website and wish to create, for personal use, a simple link directly to the International Institute of Refrigeration’s website homepage from your website, you must obtain the International Institute of Refrigeration’s express authorisation to create this link.

44. Under no circumstances may this authorisation be deemed as an implicit affiliation agreement.

45. In any event, hyperlinks to the website must be removed at the International Institute of Refrigeration’s first request.

 

Personal data

46. In accordance with the French Act No. 78-17 on Information Technology, Data Files and Civil Liberties of 6 January 1978 (French Data Protection Act) as amended, and the European General Data Protection Regulation (GDPR) of 27 April 2017, you are informed that the International Institute of Refrigeration processes personal data concerning you, acting as the controller.

47. The data you gave in the registration form available in the “Log in” section is intended for the International Institute of Refrigeration’s authorised personnel mainly for the following purposes:

  • management and follow up of the website operation;
  • management and follow up of account creations and user relationship in general;
  • management and follow up of orders, payments, deliveries and returns, and customer service/after-sales service;
  • management of customer accounts;
  • business and marketing management;
  • measurement of quality and satisfaction;

direct marketing and personalisation of offers.

48. If you agreed to receive them when you created your account, special offers or promotional emails may be sent to you.

49. You are informed via an asterisk (*) on each personal data collection form whether reply replies to questions is mandatory or optional. If mandatory data is not provided, the website registration may not be completed.

50. You have a right to access, be informed about, modify, rectify or delete your data in order to, where necessary, rectify, complete, update, block or erase personal data relating to you that is inaccurate, incomplete, equivocal, expired or whose collection, usage, disclosure or retention is prohibited.

51. You also have a right to object on legitimate grounds to the processing of data relating to you and a right to object to the use of your data for purposes of direct marketing.

52. To exercise these rights, you must send a letter, together with a copy of a signed identity document, to the International Institute of Refrigeration:

by post to:

International Institute of Refrigeration

177 bd Malesherbes

75017 Paris

France

or by email to:

webmaster@iifiir.org

53. You acknowledge and agree that the International Institute of Refrigeration may use cookies or any other similar technique to keep track of and collect data about navigation on the website.

54. Cookies record some information that is stored in a memory of your device.

55. You can delete cookies at any time by using your browser. This deletion may result in the loss or securing of certain features.

56. If you do not wish to receive direct marketing phone calls, you may register on a do-not-call register for free.

57. You must comply with the provisions of the French Data Protection Act No. 78-17 of 6 January 1978, as amended. If you violate these provisions, you may be subject to criminal penalties. In particular, you must not collect or misuse personal data or otherwise act in a manner that may adversely affect the privacy or reputation of others.

 

Liability

58. The International Institute of Refrigeration cannot be responsible for:

the quality of the website, as the website is offered “as is;”

disturbance in the use of the website;

the impossibility to use the website;

computer security breaches, which can damage the computer equipment and data of the users;

infringement of user rights in general.

59. The International Institute of Refrigeration cannot be held liable for any direct or indirect damage that may result from access to or use of the website or the information contained therein, whatever its nature.

60. The International Institute of Refrigeration uses its best efforts to provide up-to-date information on its website. All the information made available to people accessing the website has been selected on a specific date.

61. The information on the website reflects an opinion at the time of its creation and not at the time of consultation of the website. It may require an update that may not have been made for technical or other reasons at the time of its consultation.

62. The International Institute of Refrigeration shall not be liable for any errors or omissions. Any update, new service or new feature that improves or enhances one or more existing information contents will be subject to these terms of use.

63. The International Institute of Refrigeration does not accept any liability concerning the relevance and implementation of decisions taken by users solely on the basis of the information posted on the website.

64. You undertake to use the website and all the information to which you may have access exclusively for personal purposes and in strict compliance with public policy, morality and third party rights.

65. You must not interfere with the use of the website by other users, access accounts of other users or website areas you are not authorised to access.

 

Intellectual property

66. The website’s content, the general structure and software, texts, images (still or animated), pictures, know-how and all other elements composing the website are the exclusive property of the International Institute of Refrigeration or its third party licensors.

67. Nothing in these terms of use is intended to transfer any intellectual property rights of any kind in the elements owned by the International Institute of Refrigeration or rights holders to users, such as sounds, pictures, images, literary texts, artistic works, software, trademarks, graphic charters, logos.

68. In particular, users shall not amend, copy, reproduce, download, disseminate, transmit, commercially exploit and/or distribute in any way whatsoever the services, the pages of the website, or the computer codes of the elements composing the services and the website.

69. Any total or partial reproduction and/or performance of any of these elements without the express permission of the International Institute of Refrigeration is forbidden and could result in civil and criminal penalties for infringement.

70. Accordingly, users must not act or conduct in any manner that may directly or indirectly infringe the intellectual property rights of the International Institute of Refrigeration.

71. The same applies to any databases on the website, which are protected by the articles of the French Intellectual Property Code.

72. Distinctive signs of the International Institute of Refrigeration and its partners, such as domain names, trademarks, names and logos appearing on the website are protected by the French Intellectual Property Code. Any total or partial reproduction of these distinctive signs made from the elements of the website without express authorisation of the International Institute of Refrigeration is therefore prohibited, within the meaning of the French Intellectual Property Code.

73. The website may only be used in accordance with its intended purpose.

74. Any other uses without the express prior written permission of the International Institute of Refrigeration are prohibited and shall constitute infringement.

 

Rescission-Termination

75. If either party breaches any of the obligations stated in these terms of use and fails to remedy such breach within 30 days of the sending of the registered letter with acknowledgment of receipt giving notice of the breach at issue, the other party may terminate or rescind as of right this agreement at the sole expense of the breaching party without prejudice to any damages it may be entitled to claim hereunder.

Waiver

76. The parties mutually agree that any tolerance of a situation by one party shall not grant the other party any rights in that respect.

77. Moreover, such a tolerance shall not be construed as a waiver of the rights in question.

 

Sincerity

78. The parties represent that the commitments taken herein are sincere.

79. Each party thus represents that it does not know any elements which, had it been disclosed, would have modified the consent of the other party.

 

Headings

80. In the case of a difficulty of interpretation arising out of a contradiction between any of the headings of the clauses and the content of any of the clauses, the headings shall be deemed to be non-existent.

 

Severability

81. If one or several provisions of the agreement were to be held invalid or so declared by a law, a regulation or a final decision having res judicata effect delivered by a court having proper jurisdiction, the other provisions shall remain in full force and effect.

 

Entire agreement

82. This agreement cancels and supersedes all quasi-contracts, implicit and explicit commitments, promises having the same subject-matter as the subject-matter hereof.

83. However, this clause is not intended to prevent the use of the said documents but to evaluate legally the quality of the consents exchanged during the formation of the agreement.

 

Domiciliation

84. For purposes of this agreement and unless otherwise stated, the International Institute of Refrigeration will send all correspondence for the user to the postal address appearing in his or her ‘My Account’ area or to any address communicated by the user.

85. Any communication intended for the International Institute of Refrigeration must be sent by the user to the address of its registered office.

86. Each party undertakes to inform the other of any change of address by registered letter with acknowledgement of receipt.

 

Language

87. The terms of use have been drafted in French and translated into English [insert link].

88. If the terms of use are translated into a foreign language, the French language version shall prevail over any translated version in case of dispute, litigation, difficulty of interpretation or performance and more generally in respect of the relationship between the International Institute of Refrigeration and the user.

 

Governing law

89. This agreement shall be governed by the laws of France.

90. French law shall apply to both form and substance, notwithstanding the place of performance of principal or ancillary obligations.

 

Rules of evidence

91. The information required by law, professional rules and practices, or the state of the art for the conclusion of this agreement may be transmitted between the parties by electronic means.

92. The same applies to letters sent pursuant to the performance of this agreement.

93. Each of the parties expressly agrees to the use of this means in accordance with article 1126 of the French Civil Code.