Legal information and purpose of these General Terms and Conditions of Use

These General Conditions of Use of e-Namae OÜ (hereinafter referred to as "the Conditions") - whose full contact details are available in the Conditions section, accessible from the footer of the website - are intended to define the terms of use of the Novosto.com website (hereinafter referred to as "the Website"), managed and operated by Novosto.

The terms and conditions for the sale of products via the Website are set out in Novosto's General Terms and Conditions of Sale, which can be accessed from the footer of the Website.

The conditions of use of the paid services offered on the Website are detailed in Novosto's General Terms and Conditions of Service, which can be accessed from the footer of the Website.

To contact Novosto Customer Service, send an email to contact@Novosto.com.

The site is hosted by WP Engine Inc, located at 504 Lavaca, Suite 1000, Austin, TX 78701, United States.

Novosto reserves the right to modify these GTC at any time.

Definitions

For the purposes of these Terms and Conditions of Use, capitalised terms, whether singular or plural, are defined as follows:

  • Terms and conditions of use refers to these General Terms and Conditions of Use.
  • Privacy Policy Privacy policy: refers to Novosto's policy on privacy and the protection of users' personal data, which can be accessed from the footer of the website and forms an integral part of these General Terms and Conditions of Use.
  • Personal data Personal data: refers to the personal data of users collected and processed by Novosto when using the Website, including, where applicable, the creation and management of their account and the provision of services, in accordance with the conditions set out in the Privacy Policies.
  • Internet user Customers: refers to all visitors to the Site, whether or not they are customers (within the meaning of the General Terms and Conditions of Sale accessible from the footer of the Site) and/or subscribers (within the meaning of the General Terms and Conditions of Service accessible from the footer of the Site).
  • Products refers to products marketed by Novosto via the Website.
  • Services Services: refers to the functionalities and services described in Article IV, made available to Internet users and accessible from the Site. Some of these services require the creation of an account and acceptance of the General Terms and Conditions of Service accessible from the footer of the Site.
  • Website Novosto.com: refers to the website published by e-Namae OÜ, accessible in particular via the URL address Novosto.com.
  • Novosto e-Namae OÜ: refers to the company e-Namae OÜ, whose registered office is located at Lõõtsa tn 5, 11415 Tallinn, Estonia, registered under number EE102333112.

Scope, Acceptance and Modification of the Terms of Use

These Terms of Use set out the terms and conditions under which users may access the Site and use the Services offered.

By accessing the Site or using all or part of the Services, the user fully and unreservedly accepts these Terms of Use.

These Terms of Use may be modified at any time. The applicable conditions are those in force and available on the Site on the date of access by the user.

Description of Services

The Site offers users the possibility of accessing paid services, which are described in detail in the General Terms and Conditions of Service, available at the bottom of the site page. To benefit from these services, users must create an account and accept the Terms and Conditions of Service.

All the services offered by Novosto and available to users are described on the Website.

In addition, the Site allows customers to purchase products in accordance with the terms and conditions set out in the General Terms and Conditions of Sale, which are also available at the foot of the site.

Availability and Access to Services

Novosto endeavours to make its services available 24 hours a day, 7 days a week, despite the maintenance operations necessary for the services and/or the site.

However, Novosto reserves the right to interrupt access to all or part of the services for maintenance or improvement work. Whenever possible, Novosto will inform users of these interruptions in advance, in particular by means of an alert message on the website. In case of emergency, Novosto reserves the right to partially or totally suspend the services and/or the website in order to carry out the necessary technical operations. These interruptions will not give rise to any compensation for the user, even if they occur during the purchase of products.

In this respect, Novosto is bound by an obligation of means.

Warranties and liability

By accessing the Site, the user declares, guarantees and undertakes to :

  • Use the Site and/or Services honestly and reasonably, without breaching the terms of these General Terms of Use.
  • Do not use devices or software other than those provided by Novosto to i) disrupt or attempt to disrupt the proper operation of the Site and/or Services, ii) extract, modify, consult, even temporarily, or use individually, all or part of the Site, Services, and/or Products.
  • Not to access or use the Site, Services and/or Products for illegal purposes or in order to damage the reputation of Novosto and/or users, or more generally, to infringe the rights, including intellectual property rights, of Novosto and/or third parties, including users.
  • Not to market, directly or indirectly, the Products, Services and/or access to the Services and/or the Site.
  • Not to re-use or exploit all or part of the Site and/or Services for commercial, collective or personal purposes in a format or media not authorised by Novosto and/or users.
  • Not to reproduce or represent all or part of the Site and/or Services for private purposes beyond the legal exceptions provided for, in particular by the Intellectual Property Code, or with a view to direct or indirect marketing, in particular to third parties.
  • Not to restrict access to and use of the Site and/or Services.
  • Not to modify, even temporarily, any element of the Site and/or Services.
  • Ensure that use of the Site and/or Services does not compromise the stability, security and quality of the Site, Services, networks, bandwidth or infrastructure of Novosto, other users and/or third parties.
  • Not to infringe the provisions of articles 323-1 to 323-7 of the French Penal Code concerning hacking practices.

In the event of a breach of any of these obligations, without this list being exhaustive, the user is informed that Novosto reserves the right to refuse or suspend, unilaterally and without prior notice, access to all or part of the Services and/or the Website and to suspend, where applicable, access to the user's account.

Advertisements

Novosto reserves the right to display advertising or promotional material on the Website, including as part of the Services.

Limited liability

Users are entirely responsible for their use of the Site and the Services accessible therein.

Novosto can in no way be held responsible in the event of legal action taken against the user for non-compliant use of the Site and/or Services. The user acknowledges and accepts that he/she will be liable for any claim or proceedings brought against Novosto as a result of his/her non-compliant use of the Services and/or the Site.

The Website may contain links to third-party websites. Given the changing nature of the content of these sites, Novosto cannot be held responsible if their content violates applicable laws or regulations.

In all cases, Novosto cannot be held responsible:

  • Unavailability of the Services for reasons such as failure of the public electricity network, telecommunications networks, or loss of Internet connection, for any reason, including cases of force majeure.
  • Use of the Site and/or Services in a manner that does not comply with these General Terms and Conditions of Use or the General Terms and Conditions of Service.
  • To the extent permitted by applicable law, any indirect damage, including loss of profits, data or other intangible losses, even if Novosto has been advised of the possibility of such damage, resulting from the use or inability to use the Site and/or the Services, or from unauthorised access to the Services or the Site.

Novosto cannot be held responsible for any hardware or Internet connection malfunction of the user when accessing the Site and Services. In particular, Novosto cannot guarantee the speed of access to the Site and/or Services or the speed of buffering that the user may experience.

Force Majeure

Novosto cannot be held responsible if the performance of one of its obligations is hindered or delayed due to a case of force majeure as defined by the case law of the Estonian courts, in particular natural disasters, malfunctions, fires or interruptions to the electricity or telecommunications network.

Intellectual property and copyright

Novosto owns or is authorised to use the intellectual property rights relating to both the general structure of the Website and its content (texts, slogans, graphics, images, videos, photos, programmes, products and other content). Consequently, any representation, reproduction, modification, alteration and/or total or partial exploitation of the Website and/or the Services and/or the Products, by any means whatsoever and on any medium whatsoever, without the express prior authorisation of Novosto, is prohibited and constitutes an infringement of copyright.

Similarly, any unauthorised use of the Site and/or the Services and/or the Products will render the user criminally and civilly liable for copyright infringement.

The user acknowledges and accepts that access to the Site and/or the Services and/or the Products provided by Novosto in no way confers an assignment or concession of intellectual property rights (in particular copyright) and other personality rights (such as the right to an image or respect for privacy) to the user.

Access to the Site, the Services and the Products is exclusively reserved for the private and personal use of the user, in accordance with the conditions and limits defined in these General Terms of Use.

Trademarks and Distinctive Signs

The trademarks, logos, company names, acronyms, commercial names, signs and/or domain names of Novosto and/or its commercial partners mentioned on the Website and/or of the Products supplied by Novosto on the Website are protected distinctive signs and may not be used without the express prior authorisation of their owner.

Any representation, reproduction and/or partial or total use of these distinctive signs is therefore prohibited and constitutes a trademark infringement, a usurpation of a company name, a commercial name and a domain name, giving rise to the civil liability of its author.

Hypertext links and liability

Novosto cannot be held responsible for any hypertext links on the Website and/or within the framework of the Services, leading to other websites or any other resource available online.

It is strictly forbidden for the user to create hypertext links to deep pages of the Site allowing access to the Services, using technical methods aimed at bypassing customer identification or extracting the content of the Services provided by Novosto.

The use of the "framing" technique is strictly prohibited, unless expressly authorised in advance by Novosto.

Using databases

The user irrevocably acknowledges that the Website and the Services, including the structure and/or organisation of the Products, consist of one or more databases made available by Novosto as the producer of these databases, in accordance with the provisions of articles L.341-1 et seq. of the French Intellectual Property Code.

Consequently, in accordance with the provisions of article L. 342-1 of the same Code, the user undertakes not to :

  • Extract, permanently or temporarily, all or a substantial part, both qualitatively and quantitatively, of the content of one or more of the databases accessible on the Website and/or the Services, including the structure and/or organisation of the Products, to another medium, by any means and in any form, including for the purposes of use or consultation by a medium and/or process not authorised by Novosto;
  • Reuse, by making available to the public, all or a substantial part, both qualitatively and quantitatively, of the content of one or more of the databases accessible on the Website and/or the Services, including the structure and/or organisation of the Products, in any form whatsoever, including by means of a hypertext link, a medium and/or a process not authorised by Novosto;
  • Create, publish, maintain, update, import, export, make available to third parties, whether free of charge or in return for payment, or participate in these actions concerning a competing database derived from all or part of one or more of Novosto's databases;
  • Viewing on a screen using a process or media other than those by which Novosto intends to disclose the Website and the Services, including the structure and/or organisation of the Products;
  • In general, any extraction, use, storage, reproduction, representation or conservation, direct or indirect, total or partial, including in buffer or temporary memory, of the content of one or more of Novosto's databases, committed by one of the processes mentioned above, is strictly prohibited, including by a medium not authorised by Novosto.

Use of the Content of the Services

The user acknowledges and agrees that access to the Site and the Services provided by Novosto does not entail any transfer or grant of intellectual property rights (in particular copyright) or other rights in his/her favour, except those set out in the General Terms and Conditions of Sale and the General Terms and Conditions of Service.

In addition, the user acknowledges and accepts that the authorisation granted by Novosto for private and personal use of the Services expressly excludes :

  • The possibility of accessing the Services with a view to collective use of their content;
  • The reproduction, representation, resale, exchange, rental, transfer to a third party, modification, adaptation or correction, whether free of charge or in return for payment, of all or part of the Site, the Services and their content.

Confidentiality of Personal Data

The user's personal information is processed in accordance with Novosto's Privacy Policy, available in the footer of the site.

Customer Support and Complaints

For any questions, requests for technical assistance or complaints regarding the Services, please contact us at the following e-mail address: contact@Novosto.com.

Miscellaneous provisions

Communication and Evidence

Unless specifically stated otherwise in these General Terms and Conditions of Use, communication between Novosto and the user is mainly by electronic means.

In accordance with articles 1366 et seq. of the French Civil Code, the user acknowledges and accepts that the information transmitted by Novosto by electronic mail, via the Services or the Website, constitutes proof between the user and Novosto.

Details such as the time of receipt or transmission, as well as the quality of the data received, are considered authentic according to the records mentioned above or as authenticated by Novosto's computerised procedures, unless written proof to the contrary is provided by the user.

The evidential value of the information provided by the Site is equivalent to that of an original document written on paper and signed by hand.

Full Terms and Conditions of Use

These General Terms of Use define all the obligations of Novosto and the user with regard to their subject matter. The fact that one of the parties does not invoke a breach by the other party of any of the obligations set out herein may not be interpreted in the future as a waiver of that obligation.

Partial disability

If one or more clauses of these General Terms and Conditions of Use are considered invalid, deemed unwritten or declared as such by a law, regulation or court decision having the force of res judicata, the other clauses will remain in full force and effect, unless the invalid clauses are essential and their removal would compromise the contractual balance.

Interpretation of Securities

In the event of difficulties of interpretation between one of the headings appearing at the top of the clauses of these General Terms of Use and one of the clauses, the headings will be considered null and void.

Applicable Law and Settlement of Disputes

These Terms and Conditions of Use are governed by Estonian law.

In the event of a dispute relating to these General Terms and Conditions of Use, their interpretation, their consequences, or the acts that complete or modify them, the user must first contact Novosto to try to find an amicable solution. All complaints must be made in writing.

In the absence of an amicable settlement, the user may choose :

  • Have recourse to mediation within one year of its written complaint, either by choosing a mediator or by using the online dispute resolution system accessible at the following address: Link to the EU's online dispute resolution system. It should be noted that mediation is not a prerequisite for referral to the competent courts.
  • Initiate proceedings before the competent Estonian courts.