1. DEFINITIONS
For the purposes of these Terms of Use, the following terms have the following meaning:
“ArcelorMittal” : means ArcelorMittal Construction France, a simplified joint-stock company, whose head office is located at Zone industrielle site 1, 55800 Contrisson, France, registered in the Bar le Duc trade and companies register under number 485 720 627.
"Terms of Use or Terms": means all the stipulations provided herein to define the terms and rules for access and use of the ArcelorMittal Website as mentioned below.
"User Account": means a place reserved for the user, accessible via a confidential username and password, and likely to allow them to access certain Content present on the Services.
"Content": means, without this list being exhaustive, the structure/architecture of the Services, images of the ArcelorMittal products, description of the ArcelorMittal products, editorial content, videos, texts, headings, drawings, illustrations, photos, images, sounds, and any other content on the Services and/or any other component of the Services.
"Site": means the communication service to the public published by ArcelorMittal accessible in particular at the address https://construction.arcelormittal.com/myspace/fr-fr/
"Service(s)": means the services accessible through the Site and edited by ArcelorMittal.
"User": means any natural person accessing the Site and the Services.
2. SCOPE AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE
2.1. Acceptance of the General Terms and Conditions of Use
The Terms of Use are in French and are intended to govern the use of the Site and Services accessible from the Site.
Any connection to the Site, the consultation and the use of its Content are made within the framework of these Terms of Use which are intended to set the terms of use of the Services and Content offered on the Site. Any access to the Site automatically implies the full and unconditional acceptance and acceptance of the rules and conditions set forth in these Terms by Users. In the event that a User refuses to adhere to these Terms, they must refrain from any access to the Site.
Access to certain Services may also require the full and complete acceptance of specific terms of use (hereinafter the “Specific Terms of Use”) or terms and conditions of sale (hereinafter the “Terms and Conditions of Sale”). In case of contradiction between these Terms and the General Conditions of Sale applicable to the Services, the latter shall prevail.
2.2. Changes to the General Terms and Conditions of Use
The applicable Terms and Conditions are those in effect when the User logs in and uses the Site.
However ArcelorMittal is able to freely change the Terms at any time, subject to special mention by ArcelorMittal, to adapt to changes in the Services and/or their operation. The TOS are deemed accepted without reservation by any User who accesses the Site after the posting. ArcelorMittal therefore encourages the User to consult the TOS regularly.
3. USE OF THE SITE – General rules
All Users declare to be informed that, to access the Website, they must have access to the Internet provided by the provider of their choice, the cost of which is their responsibility, and acknowledge that:
4. EXTERNAL LINKS AND THIRD-PARTY SERVICES
The Website may contain hypertext links, offer access to information, content and services concerning other sites, and permit access to third-party services.
The User expressly accepts that in no event can ArcelorMittal be held liable for any information, any content, any service or items available on the websites of third parties or which originate from third-party online sources, nor for any prejudice whatsoever, whether alleged or real, direct or indirect, which may result from accessing or using this information, this content, these services or items available on the website of third parties or which originate from third-party online sources.
Any User who accesses third-party services will be exclusively subject to the General Terms and Conditions applicable to third-party services.
5. INTELLECTUAL PROPERTY
5.1. Intellectual property rights relating to Site Content
"ArcelorMittal", "Transforming tomorrow", and the ArcelorMittal logo are registered trademarks of the ArcelorMittal group. The use and resumption of the names and/or visuals filed by ArcelorMittal and ArcelorMittal Group companies are prohibited without prior written and express agreement. In general, any unauthorised reproduction of trademarks, names of products, services or companies mentioned in the Website may be susceptible to legal action.
All items on the Site and its Contents are reserved and protected under the law of intellectual property for France, Europe and/or the whole world. They cannot be used under penalty of forgery.
Thus, none of the documents from the Site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed, in whole or in part, in any manner whatsoever. Any unauthorised use of all or part of the items of the Services and Website may give rise to legal action.
6. RESPECT FOR PRIVACY AND PROTECTION OF PERSONAL INFORMATION
When using the Services, the Users may be required to provide data or information of a personal nature in order to access Services which require authentication as well as to manage and improve the commercial relationship.
In accordance with the General Data Protection Regulation (GDPR) No. 2016/679 dated 27 April 2016, which came into force on 25 May 2018, we inform you that the information about you collected on this website is subject to processing by ArcelorMittal Construction. ArcelorMittal Construction complies with the principles set out in the General Data Protection Regulation (GDPR) No. 2016/679 of 27 April 2016 and undertakes to process the personal data transmitted to it by the participants in a transparent, confidential and secure manner.
We collect and use your personal data for specific and limited purposes in our CRM and Marketing data processing, in order to offer you, for example, suitable commercial offers.
As a result, we may have potentially collected personal information about you, which is limited to the following information: last name, first name, title, language, function, professional email address, telephone number and professional mailing address.
The person responsible for this processing is the Commercial Director, and the Data Protection Officer (DPO) can be reached at DPO_ArcelorMittal_France@arcelormittal.com. The recipients of this data are the commercial services of the company. The data is retained 3 years.
You have a right of access, rectification, portability, erasure of these or a limitation to processing.
You may object to the processing of your personal data and have the right to withdraw your consent at any time by contacting: DPO_ArcelorMittal_France@arcelormittal.com.
You have the option to lodge a claim with a supervisory authority.
For more information about the Sites' privacy practices, please see our Privacy Policy.
It explains how ArcelorMittal processes and protects your personal information when you use the Services.
7. WARRANTY AND LIABILITY
The User acknowledges that ArcelorMittal has an obligation to use reasonable care and skill regarding the performance of the Services and will make best endeavours to ensure the accessibility of the Website and Services. This access can be suspended for the purposes of maintenance or updates in order to ensure the proper functioning of the Website, with no obligation to provide prior notice to the Users of ArcelorMittal.
Thus, ArcelorMittal does not offer any guarantee concerning the risk of interruption or of malfunction connected with log in, the congestion of networks and/or computer systems, intrusion by unauthorised third parties and infection by any viruses circulating in the aforesaid networks and services.
ArcelorMittal shall not be held liable in the event that the interruption or alteration of the quality of the Website and Services is due to the occurrence of a force majeure event. In particular, force majeure events shall be: exceptional weather conditions, natural disasters, fire and floods, lightning, attacks, interruption and blocking of electronic telecommunications networks, damage caused by viruses which cannot be eradicated by the security measures available on the market, as well as any legal or regulatory obligation or obligation under public policy imposed by the competent authorities and which would have the effect of substantially modifying these TOS, or any other force majeure or fortuitous event as defined by the legislation in force and the jurisprudence.
ArcelorMittal undertakes to do everything it can to guarantee the truthfulness and accuracy of the information available on the Website, but cannot be held liable for the inaccuracy of the latter, nor for the use or interpretation made of them by the Users.
In general, the User guarantees ArcelorMittal against any legal recourse or action and their possible financial consequences, brought by any person, on the grounds of or resulting directly or indirectly from its actions, or arising from the use of the Website, as well as any alleged breach of the TOS or the regulatory provisions in force, and to hold ArcelorMittal harmless against any legal recourse, including before the French administrative courts, which may result therefrom. This guarantee covers the compensation which may be payable as well as the fees of lawyers and courts within a reasonable limit.
8. LIMITATION OF LIABILITY
ArcelorMittal does not guarantee any performance or modification of the Website and Services which may occur due to the quality of the online network and/or the technical settings, which are outside of its control.
ArcelorMittal cannot be held liable for any direct or indirect damage, including the loss of profit, customers, data or any other loss of intangible assets, loss of earnings, or any other loss or damage which may arise from the use or, conversely, the impossibility of accessing the Websites, even if ArcelorMittal was notified of the potential for such damage.
In the event that ArcelorMittal is held liable following a breech in any of its obligations under these General Terms and Conditions of Use, the compensation shall not apply beyond the direct, personal, and certain damage alone, with the express exclusion of compensation for any damage and/or prejudice, indirect and intangible, such as financial harm, commercial harm, loss of exploitation and revenue, loss of data.
9. RIGHT OF REPLY
Pursuant to Article 6 IV of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, any natural or legal person named or designated on the Site may request from ArcelorMittal a right of reply.
The request for the exercise of this right of reply must be sent in writing to the publication director of the Site. It must be sent by registered letter with acknowledgment of receipt no later than three (3) months following the posting on the Site of the message that is the subject of the request. The application must contain the precise references of the message (in particular title, date, address URL) as well as the mention of the disputed passages. The User will attach to this application the text of the response desired by the User, in written form, regardless of the nature of the message that is the subject of the response.
Subject to compliance with the conditions of validity of the right of reply and the fact that this request is legally justified, ArcelorMittal undertakes, within a period of three (3) days following receipt of the request, to publish the answer under the same conditions as the message subject of the request, stating that it results from the right of reply.
10. VARIOUS
If one or more requirements of the TOS are found to be illegal, invalid or inapplicable for any reason whatsoever, the other requirements shall retain their force and their scope and shall continue to be applicable. Requirements that are declared non-existent shall be replaced by requirements which come as close as possible to the content of the nullified clause.
Given the international nature of the internet, the Users undertake to comply with all the rules applicable in their country of residence.
11. LAWS AND JURISDICTIONS
The TOS are subject to French law.
IN CASES OF DISPUTES RELATING TO THE INTERPRETATION, THE VALIDITY AND CONSEQUENCES OF THE TOS AND, IN THE ABSENCE OF AN AMICABLE SOLUTION WITHIN THREE MONTHS FROM THE OCCURRENCE OF THIS DISPUTE, THE COURTS OF PARIS WILL BE THE ONLY COMPETENT COURTS.