Article 1 - Legal information and website publisher
This site (hereinafter the "Site") is published by :
- Cold is Gold, trademark of Agence OVB (hereinafter "the Publisher")
- Legal form: Limited Liability Company (SARL)
- Share capital: €1,000
- RCS : Villefranche-Tarare n° 899 970 891
- Intracommunity VAT number: FR38899970891
- Head office: 761 rue Nationale, 69400 Villefranche-sur-Saône, France
Director of publication: Mr Thibault JACQUEMET, in his capacity as Managing Director.
If you have any questions or require information, please contact the Publisher:
- By e-mail: support@cold-is-gold.com
- By post: Cold is Gold (Agence OVB), 761 rue Nationale, 69400 Villefranche-sur-Saône.
Article 2 - Purpose and acceptance of the Terms of Use
The purpose of these General Terms of Use (GTU) is to define the terms and conditions under which users (hereinafter "User(s)") access the Site and use its functionalities.
Any connection to the Site implies full acceptance of the present GTCU. The Publisher reserves the right to modify them at any time; the current version is the one available on the Site.
Article 3 - Access to the Site
- General access
- The Site is accessible 24 hours a day, 7 days a week, unless interrupted for maintenance or force majeure.
- The Editor cannot be held responsible for any unavailability, breakdown or technical difficulty preventing access to the Site.
- Age and ability requirements
- Access to the Site is reserved for adults with full legal capacity.
- The Publisher may require proof of majority or legal capacity, particularly if online ordering services are offered.
- Personal use
- The User undertakes to make strictly personal use of the Site and its information (rates, services, content).
- Any use for commercial purposes (resale, advertising, etc.) is prohibited without prior written authorization from the Publisher.
Article 4 - Creating an account and unsubscribing
- Create an account
- To access certain functionalities (request for quotation, download of resources, etc.), the User may be asked to create an account and enter personal data (surname, first name, email address, etc.).
- The User guarantees that the information provided is accurate and complete. He updates his profile in case of modification.
- Login and security
- The User is responsible for the confidentiality of his/her login and password.
- Any connection or action carried out via the User's account is presumed to be the User's fault. In the event of suspicion of fraudulent use, the User must immediately inform the Publisher.
- Unsubscribe
- The User may request the deletion of his/her account and data by contacting the Publisher at support@cold-is-gold.com.
- The Publisher will process the request as quickly as possible, subject to any legal obligations to retain data (see Privacy Policy).
Article 5 - Site content and intellectual property
- Content on the Site
- The Site may include: texts, images, videos, logos, graphics, downloadable documents, articles, etc.
- These contents are provided for information or promotional purposes only, and may change at any time.
- Intellectual property
- All elements on the Site (trademarks, texts, logos, images, graphics, etc.) are protected by intellectual property law.
- Any reproduction, representation, use or adaptation, in whole or in part, of these elements, without the prior written authorization of the Publisher, is strictly prohibited and renders the User liable.
- User license
- The Publisher grants a personal and non-exclusive right to use the Site and its content, strictly reserved for use in accordance with these TOU.
- This right of use does not confer any ownership rights to the content consulted.
Article 6 - Description of services provided
- Purpose of the Site
- The purpose of the Site is to present and promote business opportunity generation services, in particular via cold emailing campaigns and marketing support.
- In it, the publisher describes its range of services, including database creation, mailing tool management and results reporting.
- Informative character
- The information provided (descriptions, examples of results, case studies) is given for information purposes only and does not constitute a guarantee of performance or sales.
- Commercial offers and pricing conditions may be the subject of a separate service contract or General Terms and Conditions of Service (GTCS).
Article 7 - Site management
- Maintenance and updates
- The Publisher reserves the right to suspend, modify or limit access to the Site or parts thereof in order to carry out updates or maintenance.
- It may also delete any information that could disrupt its operation or contravene the law or the rules of Netiquette.
- Safety and performance
- The Publisher implements reasonable security measures to protect the Site (SSL certificates, firewalls, etc.), but does not guarantee the total absence of faults or interruptions.
- The User is responsible for his own computer equipment and must take all precautions (antivirus, updates, etc.) to secure his browsing.
Article 8 - Responsibilities
- Publisher's liability
- The Publisher endeavors to keep the information on the Site up to date, but cannot guarantee its completeness, accuracy or permanent timeliness.
- It cannot be held responsible for any direct or indirect damage resulting from the use of the Site or the impossibility of accessing it.
- The Publisher declines all responsibility in the event of viruses, hacking or bugs affecting the User, his/her equipment or third parties as a result of browsing the Site.
- Responsibility of the User
- The User is solely responsible for the use he makes of the Site and for any direct or indirect consequences that may arise from it (choice of commercial commitment, dissemination of erroneous data, etc.).
- The User undertakes not to publish any content that is illegal or infringes the rights of third parties (defamation, infringement, etc.). Any such action shall be the sole responsibility of the User.
Article 9 - Hypertext links
- Outgoing links
- The Site may contain hypertext links to third-party sites (partners, tools, etc.).
- The Publisher has no control over these sites and cannot be held responsible for their content, privacy policy or security.
- Inbound links
- Any hypertext link to a page of the Site is subject to the prior written authorization of the Editor.
- The Publisher may withdraw its authorization at any time, without having to justify its decision.
Article 10 - Personal data and cookies
- Personal data
- Any personal information collected (contact form, account creation, etc.) is processed in accordance with the legislation applicable in France and Europe (RGPD, Loi Informatique et Libertés).
- The procedures for collecting, processing, storing and exercising your rights (access, rectification, deletion) are described in the Privacy Policy available on the Site.
- Cookies
- The Site may use cookies to facilitate browsing or carry out traffic analyses.
- Details of the use of cookies and how to set them can be found in the Privacy Policy or in the "Cookies" section of the Site.
Article 11 - Modification of the GCU
- The Publisher may modify these GTU at any time in order to adapt them to legal, regulatory or technical developments.
- New versions are enforceable as soon as they are put online. The User is invited to consult the dedicated page regularly to take note of any modifications.
- If the User continues to use the Site after publication of the update, this constitutes acceptance of the new conditions.
Article 12 - Applicable law and jurisdiction
- Applicable law
- These GCU are governed by French law.
- Dispute resolution
- In the event of a dispute concerning the performance or interpretation of the present contract, the parties undertake to seek an amicable settlement (written exchanges, mediation) before taking any legal action.
- Failing amicable agreement, the courts of the Lyon Court of Appeal shall have sole jurisdiction to hear any dispute relating to these GCU, notwithstanding the plurality of defendants or the introduction of third parties.
Article 13 - Contact
For any question, complaint or request for information concerning the Site or these GTC, the User may contact the Publisher:
- By e-mail: support@cold-is-gold.com
- By post: Cold is Gold (Agence OVB), 761 rue Nationale, 69400 Villefranche-sur-Saône, France