ARTICLE 13 - LIABILITY
ARTICLE 13.1 – RESPONSIBILITY OF THE TAKAGREEN COMPANY
The TAKAGREEN company takes the greatest care with regard to the operation and maintenance of the PLATFORM, and for this purpose only uses information and technical means that it deems reliable. However, TAKAGREEN does not guarantee error-free and uninterrupted operation of the PLATFORM, nor the accuracy or updating of its content. The TAKAGREEN company expressly declines any liability in this respect. Furthermore, TAKAGREEN may modify the content and functionalities of the PLATFORM without notice and therefore asks USERS and/or CUSTOMERS to refer to it regularly. Unless expressly provided otherwise, any new feature that improves or increases one or more existing services, or any new service launched by the company TAKAGREEN on the PLATFORM will be subject to the General Conditions;
TAKAGREEN cannot be held liable, except for gross negligence or fraud, for any act or omission, non-performance, partial performance or delay in the performance of its obligations in relation to the damage or loss suffered directly or indirectly by the USER. and/or CLIENT due to an act or omission of another USER and/or CLIENT or any other person related to the latter;
TAKAGREEN cannot be held liable to a USER and/or CLIENT or to any third party for any deterioration, suspension or interruption of services attributable to Force Majeure, to the fact of a user or a third party, as well as only to the inevitable hazards that may arise from the technique and the complexity of the implementation of the services;
VISITORS, USERS, and/or CUSTOMERS are solely responsible for all the content they transmit on the PLATFORM and the resulting consequences. Thus, VISITORS, USERS, and/or CUSTOMERS guarantee not to transmit content constituting a violation of Intellectual Property Rights, an attack on persons (in particular defamation, insults, insults, etc.), respect for privacy, an attack on public order and morality (in particular, apology for crimes against humanity, incitement to racial hatred, child pornography, etc.). The transmission of said content is strictly prohibited. In the event of violation of the laws in force, morality, the present conditions of use or for any other reason freely interpreted, the company TAKAGREEN reserves the right to exclude for a limited period or in a definitive manner the USERS and/ or CUSTOMERS who are guilty of such offenses and to delete information and references to this information;
TAKAGREEN strives to keep the PLATFORM accessible 24 hours a day, seven days a week, but is not bound by any obligation of result. TAKAGREEN may therefore interrupt access to the PLATFORM, in particular for reasons of maintenance and upgrading. Access may also be interrupted for any other reason. The company TAKAGREEN can in no way be held responsible for these interruptions and the consequences that may result from them for the USERS and/or CUSTOMERS or any third parties. It is also recalled that TAKAGREEN may terminate or modify the characteristics of the PLATFORM at any time, without notice. Under no circumstances can TAKAGREEN be held responsible for any loss or deterioration of this data. Any information or advice provided by TAKAGREEN cannot be interpreted as any guarantee. In addition, hypertext links may lead to a consultation of external websites managed by third parties. On these websites, TAKAGREEN has no control and assumes no responsibility for their content;
TAKAGREEN is not obliged to do or refrain from doing anything that would violate, or which in its reasonable opinion would force it to violate, any law or regulation, or duty of confidentiality;
The company TAKAGREEN can in no way be held responsible for any damage whatsoever, whether under contractual liability, quasi-tort or for any other reason, due to any action committed or any fact occurring after the date expiration or termination hereof.
The TAKAGREEN company must perform its service in accordance with the rules of the art of its activity.
In any case, the CUSTOMER cannot be held responsible:
– Damage caused to the USER due to the non-performance of his obligations;
– Damage caused to the USER due to a case of force majeure.
Article 13.2 – RESPONSIBILITY OF USERS
All information provided by a USER hereunder is accurate and current in all material respects as of the date it is provided or, as the case may be, the date to which it relates.
The USER guarantees TAKAGREEN against any recourse by any person (including USERS, VISITORS, and more generally, third parties) concerning the reproduction and dissemination of this content and information.
The USER does not breach any of the legal, regulatory and administrative provisions applicable to him and failure to comply with which would affect his ability to meet his obligations hereunder. In particular, the User holds all the rights relating to the content and information provided to the TAKAGREEN Company and to Visitors.