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T&C Maestro

1. DEFINITIONS

 “BV SA” means Bureau Veritas SA, incorporated as a “société anonyme” (joint-stock company) listed in the Nanterre Trade and Companies Register under No. 775 690 621 and having its registered office located at 67/71 boulevard du Château, 92200 Neuilly Sur Seine, France, Tel.: +33 1 55 24 70 00 – Fax: +33 1 55 24 80 88.

“Bureau Veritas” means any member entity of the Bureau Veritas Group who has entered into a Service Agreement with the Client.

“The Client” means any individual or entity who has entered into a Service Agreement with Bureau Veritas. 

“User” means any individual designated by the Client and to whom a login and a password are allocated for accessing BV MAESTRO.

“Right of Access” means the Right of Access to BV MAESTRO which is granted by BV SA to the Client for each User and to which a login and a password are associated.

“Service Agreement” means any and all contract for provision of services entered into between the Client and Bureau Veritas.

“Deliverables” means the documents that are to be delivered by Bureau Veritas to the Client pursuant to the Service Agreement

“Terms of Use” mean these Terms of Use that govern access to and use of the BV MAESTRO website.

 

2. ACCESS TO BV MAESTRO

BV SA hereby grants to the Client one or more Rights of Access for accessing BV MAESTRO. Access to BV MAESTRO by any of the Client’s User’s will be understood as the irrevocable acceptance of these Terms of Use by the Client, which he acknowledges having taken note of. Any access to BV MAESTRO by the Client implies the Client’s acceptance of the latest version of the applicable Terms of Use.

The main services available on BV MAESTRO are:

Access to data and documents related to the contracts, audits, reports, certificates, invoices;

Access audit preparation documents;Interact on line to prepare audits, schedule audits, resolve audit findings post the audits (non conformities)

BV SA reserves the right to change the services and the content of the BV MAESTRO website at any time and without any prior notice.

The Client is responsible for defining, for each Right of Access granted to one of its Users, the scope of access, i.e. total or restricted, to the services and documents available on BV MAESTRO.

Access to BV MAESTRO is subject to each User using their login and password supplied by BV SA. The logins and the passwords are not transferrable. The login and/or the password may be changed by BV SA at the Client’s request or by BV SA subject to having given the Client prior notice of such change.

Any operation performed on BV MAESTRO by a User shall be deemed to have been performed by the Client, who is solely liable for safeguarding the confidentiality of the login and of the password, and for the use that is made of them. BV SA may under no circumstances be held liable for loss of the login and/or of the password of a User or for fraudulent use of the login and/or of the password of a User for accessing BV MAESTRO.

No Right of Access granted to the Client shall authorise any direct or derived use of BV MAESTRO or of its content, or any use, recording of lists, descriptions, or product prices, or any posting or copying of information other than the information for which express provision is made, or any exploration or mining of data conducted using extraction tools, except for those supplied by BV SA.

 

3. DATA INTERCHANGE

The Client undertakes to take all steps they deem appropriate and sufficient to protect and to safeguard the data and documents that belongs to him and that is stored, distributed, or available on BV MAESTRO.

The Client can upload documents on BV MAESTRO in .doc, .xls, .pdf, .pps, .zip format whose size do not exceed 20 Mo per document.

The Client guarantees the integrity of the documents uploaded by him on BV MAESTRO and that these documents do not contain any virus, spyware or any other malicious software that could affect BV SA’s network or information system.

The Client undertakes to ensure that the messages, questions or queries left on BV MAESTRO do not contain any racist, insulting, offensive, vulgar, threatening, or pornographic content or any incitement to violence, or anything defamatory to any third party, or more generally anything that is against the law.

The Deliverables being made available by Bureau Veritas on BV MAESTRO is the equivalent of them being delivered, the delivery date being deemed to be the date on which the Deliverables are made available on BV MAESTRO.

 

4. INTELLECTUAL PROPERTY - CONFIDENTIALITY

“Bureau Veritas”, “BV MAESTRO”, and the other names, trademarks, and trade names, registered or otherwise (hereinafter referred to as the “Brands”) under which BV SA and its affiliated companies carry on their businesses are and remain fully owned by BV SA or by its affiliated companies.

Any use of the Brands by the Client is strictly forbidden unless BV SA gives prior written authorisation for such use.

Each party undertakes not to disclose and to keep confidential any information that is identified as being “confidential” and that is disclosed to them by the other party, and each party undertakes to ensure that the said information shall not be used in any way by either of the parties for their benefit or for the benefit of any third party, unless the other party gives them express written authorisation to do so.

 

5. DURATION OF THE CONCEDED RIGHT OF ACCESS

Unless otherwise specified, each Right of Access to BV MAESTRO is granted to the Client for an indefinite term and may be cancelled by BV SA or by the Client at any time, subject to giving prior written notice of one (1) month.

 

SUSPENSION

BV SA reserves the possibility of suspending or of cancelling a User's Right of Access to BV MAESTRO in the event that the said User does not comply with these Terms of Use, or the Service Agreement,, after the Client has been given a formal demand to comply by email, and after the said formal demand has remained vain for thirty-six (36) hours after it has been sent. In the event of serious breach or violation, BV SA may suspend or cancel a User’s Right of Access to BV MAESTRO without sending any prior formal demand or notification.

BV SA may, at its sole discretion, suspend temporarily any or all of the BV MAESTRO services for security reasons or for the purposes of maintenance, repair, servicing, and/or improvement of the systems. In such case, BV SA undertakes to perform such operations as quickly as possible.

 

TECHNICAL RESOURCES – SECURITY

The Client acknowledges that they have the skill and resources necessary for accessing and using BV MAESTRO. The Client also acknowledges that they have checked that: (i) the browser used does indeed make it possible to safely access the BV MAESTRO website; (ii) that the computer configuration used contains no virus; and (iii) that it is in good working order.

The Client and the Users undertake not to hinder or to disrupt the operation of BV MAESTRO.

The Client is informed and accepts that BV SA cannot maintain optimum security, even though BV SA undertakes to take all necessary steps to prevent any breach of the security system.

In spite of the procedures implemented by BV SA to ensure that BV MAESTRO is secure, third parties may fraudulently insert their links to other websites or to other Internet sources, or may even alter its content, without it being possible for BV SA to oppose such action instantly. In such a case, BV SA may not be held liable for such external sources and websites being made available, and cannot assume any liability as regards their content, and as regards whether the advertisements, products, services or any other material available on or from such external sources or websites are accurate, up-to-date, of good quality, exhaustive, relevant, or legal.

BV SA undertakes to inform the Client of any established or suspected security-related incident, regardless of whether or not the personal data are impacted.

 

6. PROTECTION OF PERSONAL DATA

BV SA acknowledges and guarantees that it, its subcontractors, and its suppliers shall comply with the laws and regulations applicable with regard to respecting privacy, and in particular shall comply with Directive 95/46/EC of the European Parliament and of the Council on the protection of personal data.

 

LIABILITY

The Client undertakes, when using BV MAESTRO, to comply with these Terms of Use, and with the applicable laws and regulatory provisions. The Client is responsible towards BV SA for the compliance of each User with these Terms of Use.

BV SA declines any liability for direct or indirect property damage or consequential losses, punitive damages, legal fees such as financial loss, loss of data, computer viruses or bugs, loss resulting from an error, or consequent arising from late receipt of Deliverables, or from information consulted or downloaded on BV MAESTRO, or loss or shortfall when any request or query is made or entered on BV MAESTRO, and any damage or loss that might be consequent upon consultation of the site, or upon use of the content of the site by anyone whomsoever, as well as in the event of lateness in updating the information, or of errors or omissions in the content of these pages, in particular due to fraudulent alterations made by third party (intrusion, virus, etc.).

BV SA and/or its partners may not be held liable for the improper use of BV MAESTRO by the User, for unavailability of BV MAESTRO, and, in general, for any disturbance whatsoever that might result from difficulties related to the operation of the website (cases of force majeure, difficulties related to the structure of the telecommunications network, or to any technical difficulties, or any down times whatsoever for maintenance or failure).

The Client shall be liable if he does not systematically log off from the BV MAESTRO website by clicking the “Quit”/“Log-off” button in order to interrupt his secure session and to keep the information confidential.

 

7 .COOKIES

BV SA may install “cookies” on the User's computer. A “cookie” records information relating to the computer User's browsing of BV MAESTRO (the pages that the User consults, the date and time of consultation, etc.) that BV SA may read during subsequent visits by the User.

The Client also acknowledges that they are informed that, during access to BV MAESTRO, the information relating to frequency of access, to customisation of the pages, and to the operations made and the information consulted may be collected by BV SA through data processing techniques.

User can, at any time, delete the “cookies” using its browser. This option will allow the use of BV MAESTRO without impact for the User, except in particular circumstances.

 

8. LANGUAGES

In case these Terms of Use were translated into another language than, and in case of conflict between the two versions, it is agreed that the English version shall prevail.

 

9. JURISDICTION

These Terms of Use are governed by French Law. Any dispute relating to BV MAESTRO and to these Terms of Use shall be the exclusive competence of the Tribunal de Grande Instance (Regional Court) of Nanterre.