1.1 The terms defined below shall mean as follows between the parties:
“Bureau Veritas”: Bureau Veritas Services SAS. Bureau Veritas is a beneficiary to the Contract as the owner of the Website, when it is not issuing the Special Terms and Conditions or selling the Services.
“Affiliated Company”: any legal entity directly or indirectly controlled by Bureau Veritas SA, the ultimate parent company.
“Client”: legal entity or natural person to which access to and use of the Website are granted for one or more Users, and which accepts the Special Terms and Conditions.
“Contract”: the General Terms and Conditions and the Special Terms and Conditions entered into by the Client and the Bureau Veritas Affiliated Company issuing the Special Terms and Conditions or selling the Services.
“Documentation”: documentation of any kind relating to the different elements of the Website and particularly the technical documentation, user documentation, the operating manual documenting all the user‑accessible functionalities, as well as, where appropriate, and generally all online documentation.
“General Terms and Conditions”: this document.
“Login Details”: username and password created by the Client on the Website.
“Partners”: Bureau Veritas’ Partners which provide their assistance for the operation of the Website and the hosting of the Website and its contents, as well as certain applications.
“Services”: the different services that can be, separately or collectively, purchased by Client on the Website including, without limitation, the practical tool box, e-learning courses, gap analysis tool, on-site gap analysis audit, pre-audit and transitional audit.
“Special Terms and Conditions”: the general terms and conditions governing the provision or use of the Services and provided on the Website at https://lead.bureauveritas.com/terms-and-conditions
“Territory”: the country from which the Client orders the Services.
“User”: any natural person or employees of the Client for whom the Client asks Bureau Veritas for entitlement to access and use of the Website.
“Website”: this website, lead.bureauveritas.com, owned by Bureau Veritas Services SAS, which publishes it, a French company registered with the Companies and Trade Register of Nanterre under number 318 720 653, registered office at 67/71, Boulevard du Château, 92200 Neuilly-sur-Seine, France.
2.1 The Contract comes into effect between Bureau Veritas Affiliated Company issuing the Special Terms and Conditions or selling the Services and the Client on the date when the Client first accepts on the Website the Special Terms and Conditions issued by Bureau Veritas when clicking “Order” within the basket.
2.2 The Contract is binding on the parties either for the duration specified in the Special Terms and Conditions.
- RIGHT OF ACCESS
- Access to and use of the Website by the Client and each of its Users are subject to unreserved acceptance by the Client of the General Terms and Conditions, the Special Terms and Conditions and Partners’ General Terms and Conditions, if any. The Partners’ General Terms and Conditions cannot in any case be invoked against any Bureau Veritas Affiliated Companies.
- Bureau Veritas hereby grants to the Client one or more rights of access to access the Website depending on the number of Users, the number of connections and the geographical scope.
- The Client is responsible for defining each User’s right of access to the Website, the scope of access, and for using the functionalities and documents enclosed onto the Website.
- Bureau Veritas shall not in any way be held liable for any failure resulting from performance or non-performance of such undertakings, as well as any failure of the Client in defining or updating each User’s access profile.
- Access to the Website is subject to each User using their Login Details supplied by Bureau Veritas. The Login Details are confidential and not transferrable. The Login Details may be changed by Bureau Veritas at the Client’s request or by Bureau Veritas subject to having given prior notice of such change to the Client. The Client alone is responsible for identification, security and use of the Login Details in compliance with these General Terms and Conditions.
- The Client undertakes, on the basis of an obligation of result, to keep the Login Details secret and to obtain from its Users the same commitment concerning the Login Details allocated to them.
- In case of loss or theft of the Login Details, the Client will immediately inform Bureau Veritas of this by fax or e‑mail, with acknowledgement of receipt, so that Bureau Veritas can disable access.
- The Client shall immediately inform Bureau Veritas of any unauthorised use of or access to Users’ accounts or the Website.
- Any operation performed on the Website by a User shall be deemed to have been performed by the Client, who is solely liable for safeguarding the confidentiality of the Login Details, and for the use that is made of them. Bureau Veritas may under no circumstances be held liable for loss of the Login Details of a User or for fraudulent use of any of the Login Details of a User to access the Website.
- Access to the Website does not authorise any direct or derived use of the Website 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.
- SERVICES PROVIDED ON THE WEBSITE
- The Website enables the Client to order a Service or a pack of Services from Bureau Veritas Affiliated Company issuing the Special Terms and Conditions or selling the Services.
- Each Service is governed by the corresponding Special Terms and Conditions.
- PRICE AND INVOICING
- The prices are indicated for each Service or pack of Services before and during reservation.
- Prices are confirmed to the customer inclusive of all taxes in the selected currency.
- Prices are inclusive of VAT applicable on the day of reservation and any change to the applicable VAT rate will be automatically reflected in the prices shown on the date of billing.
- Any change or introduction of new legal or regulatory taxes imposed by the competent authorities will be automatically reflected in the prices shown on the date of billing.
- Conversion into foreign currency is given as an indication and is non-contractual. Only the currency confirmed on reservation is guaranteed.
- When confirming the Client's reservation, Bureau Veritas will state the total amount of the order.
- Access to the Services begins as soon as the initial payment is done by the Client on the Website.
- For payment by credit card or debit card the charge will be made online through the payment gateway of the corresponding financial entity subject to prior checking by our Partner.
- Payment by bank transfer or credit/debit card is safely processed from your credit/debit card or bank account to the bank account of Bureau Veritas[BV1] of its relevant affiliate through a third party payment processor.
- In the event of credit card fraud or unauthorized use of the Client’s credit card by third parties via the Client’s use of the Website, the Client shall report this fraud to its credit card provider (in accordance with its reporting rules and procedures) and contact Bureau Veritas immediately by email: email@example.com.
- DEFAULT INTEREST AND COMPENSATION FOR RECOVERY
- Any delay or non‑payment of all or part of an invoice issued by Bureau Veritas within thirty (30) days following its issue, without any reminder or formal notice being required, shall be subject to late payment penalties. The interest rate will be three (3) times the legal interest rate. This rate is the one in force on 1 January of the year in question.
- This interest will be calculated on the total, including all taxes, mentioned on the invoice, without prejudice to Bureau Veritas’ entitlement to claim compensation for its loss related to the delay or the non‑payment. The interest will be due as from the day following the due date of the invoice and until the day of its collection by Bureau Veritas.
- In accordance with the law, a Client in a position of late payment is automatically subject to fixed compensation for recovery costs, of forty (40) euros. If the recovery costs are higher, Bureau Veritas may demand additional compensation on justification.
- INTELLECTUAL PROPERTY
- The Website and their elements, such as the Bureau Veritas, trademarks, logos or those belonging to its Affiliated Companies, the drawings, models, images, texts, photos, graphic charts, computer applications, search engines, databases, domain names, interfaces made available to the Client within the framework of the Website, the Documentation and all other information, without this list being exhaustive, are and shall remain the exclusive property of Bureau Veritas or any of Affiliated Companies or its Partners, as the case may be, and may not be used by the Client without the prior written consent of Bureau Veritas or its Partners, as applicable.
- Use of the Website for purposes other than the ones mentioned in these General Terms and Conditions and not expressly authorized by Bureau Veritas under such General Terms and Conditions is unlawful. Consequently, it is prohibited, pursuant to Article L.122-6 of the Intellectual Property Code, for the Client in particular to:
- represent, communicate or distribute the Website, on a royalty or free of charge basis, and particularly any networking;
- make any form of use of the Website, in any way whatsoever, for the purposes of design, performance, communication or commercialisation of similar, equivalent or replacement services and similar, equivalent or replacement user documentation;
- adapt, modify, transform or arrange the Website, for any reason whatsoever, including to correct errors;
- make any direct or indirect transcription, or translations into other languages of the Website;
- make any work processing not authorised by Bureau Veritas;
- modify or bypass the protection code, such as in particular the Login Details.
- The compilation of all content included in or made available through this Website is the exclusive property of Bureau Veritas and is protected by U.S. and international copyright laws.
- Users may not, and will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Bureau Veritas Software, whether in whole or in part, or create any derivative works from or of the Bureau Veritas Services.
- The computer records stored on the computer systems of Bureau Veritas and/or the Partner(s) under reasonable conditions of security will be regarded as evidence of communication, and shall take precedence over the Client’s document stored on written medium or electronic file in case of inconsistency with any such document of the Client.
- LIMITED GUARANTEE
- It is expressly agreed that access to the Website is provided as is and without any guarantee of any kind whatsoever, whether express or implicit, including although not limited to, implicit guarantees of conformity to a particular use,
- Bureau Veritas does not make any warranty on the compatibility of the Client’s web browser used by the Client and the Website.
- Bureau Veritas or the Bureau Veritas Affiliated Company shall only be liable vis-à-vis the Client in case of proven fault and for the consequences resulting from direct property damages, to the exclusion of any consequential damages, such as, without this list being exhaustive, loss of data, loss of profits, loss of turnover and margins, loss of orders, loss of customers, loss of operation, loss of revenues and marketing actions, or any damage to Bureau Veritas’ image or reputation.
- The Client is responsible for its Users using the Website.
- Bureau Veritas’ or the Bureau Veritas Affiliated Company’s liability shall be limited, whatever the damages, to the total sum of the fees actually paid by the Client within the year preceding the occurrence of the damages.
- Bureau Veritas and the Bureau Veritas Affiliated Company shall not be liable and no compensation shall be owed to the Client for delays or prejudicial consequences resulting in particular from:
- disturbances or damages related to an electronic communication network such as insufficient access speeds from remote sites, slowing down, malfunctions or interruptions in the communication networks resulting in difficulties or impossibility of access to the Website;
- exclusively attributable to the Client or a third party, particularly in the following cases:
- transmission of inaccurate or incomplete information communicated by the Client to Bureau Veritas;
- incorrect use of or modification of the systems by a User, fault, negligence, omission or failure on part of the User, non-compliance with the advice given or with the documentation or with web browser, computer software or equipment other than those recommended, fault, negligence or omission by a third party over which Bureau Veritas or the Bureau Veritas Affiliated Company has no power of control or supervision; or to the extent due to problems related to client’s information system, including third party software applications, hardware, network or Internet connectivity;
- infection by a virus or other harmful elements of the Website;
- malicious intrusion by a third party into the system or hacking of the data;
- property damages which all the Client’s equipment connected to the Website may suffer, with the Client being fully liable for the equipment;
- information, data, images, sounds, texts and videos uploaded and/or distributed by the Client on the Website which infringe current legislation and regulations;
- any failure by the Client to fulfil the guarantee obligations required under these General Terms and Conditions.
- This clause remains applicable in case of invalidity, cancellation or rescission of these General Terms and Conditions.
- The Client waives the right and undertakes to have its insurers waive the right to any action and any third party claim against Bureau Veritas and its insurers, except in case of gross negligence and wilful misconduct.
- The parties undertake to keep confidential all information which has come to their attention within the framework of these General Terms and Conditions, by any means whatsoever, on any medium whatsoever, in writing or orally.
- The parties expressly undertake to have all their personnel comply, regardless of their status, with the same obligation of secrecy and confidentiality for all the information referred to above.
- The parties acknowledge that any failure on their part to comply with their obligations of secrecy and confidentiality shall cause serious damage to the other party, which may claim compensation.
- Each party undertakes to adopt the measures which it takes itself with regard to its own confidential information or data in order to prevent communication or disclosure to third parties.
- The parties expressly state that any information communicated by one party to the other, and which may have one of the following characteristics, shall not be regarded as confidential if the other party was aware of it prior to communication by the other party or if the information was in the public domain or if the information was disclosed by a third party which was entitled to do so.
- PERSONAL DATA
- Bureau Veritas acknowledges 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 as well as and any subsequent legislation or regulation whether already published or not (including the EU General Data Protection Regulation 2016/679 of 27 April 2016) when accessing and processing personal data of the Client.
- Whilst Bureau Veritas endeavors to protect the security and integrity of sensitive personal information provided on the Website, due to the inherent nature of the Internet as an open global communications vehicle, Bureau Veritas cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. If the User registers with the Website, Bureau Veritas will ask the User to provide personal data such as first and last name, company and email address.
- Data will be collected and processed in a licit and professional manner.
- The personal data collected by the Website is information provided voluntarily either by filling in forms on the Website, or by submitting questions or comments by e-mail, or by downloading information on the Website.
- In addition, the Website automatically collects and stores information such as:
- the Internet domain and Internet Protocol (IP) address from which you access our Website;
- the type of Internet browser and the operating system of the computer you use to access the Website;
- the date and time you access the Website;
- the pages you visit and the duration on the Website;
- the address of the Website or search Website you used to link to the Website.
- The purposes of collecting personal data are to allow Bureau Veritas to answer the questions submitted to it via contact forms, to send information on the Services, to issue offers in connection with the Services in response to any request for quotation.
- French law gives the rights to access to all the personal information you have provided to Bureau Veritas via the Website, and to obtain the modification or the deletion of such information. Any User may exercise these rights upon simple request to: firstname.lastname@example.org
- Cookies record certain information which is stored in the memory of the computer equipment used by the Client’s user.
- The Client’s User may at any time delete the cookies, using his browser. This option enables the Website to be used without incidence, except in specific cases.
- FORCE MAJEURE
- Events of force majeure shall suspend the performance of these General Terms and Conditions.
- If the events of force majeure last longer than two (2) months, these General Terms and Conditions shall be automatically terminated, unless otherwise agreed between the parties.
- Events of force majeure are those usually retained by the French courts, as well as the following events: war, riot, fire, internal or external strike, lockout, occupation of the premises of Bureau Veritas or its Partners, bad weather, acts of God, storm, earthquake, flood, water damage, legal or government restrictions, legal or regulatory changes to forms of sales, accidents of all kinds, epidemic, pandemic, illness affecting more than 10% of the personnel of Bureau Veritas or one of the Partners within a period of two consecutive months, absence of energy supply, partial or total shutdown of the Internet and, more generally, the public or private telecommunications networks, blockage of roads and impossibility of procurement of supplies, and any other event beyond the express control of the parties which prevents the normal performance of this agreement.
- The parties acknowledge that they each act on their own behalf as independent parties.
- These General Terms and Conditions do not constitute any association, franchise or any relationship given by one party to the other.
- No party shall have authority to act in any way in the name and on behalf of the other party.
- Furthermore, each party remains solely responsible for its own acts, assertions, commitments, services, products and personnel.
- These General Terms and Conditions shall not be assigned in whole or in part, by the Client, without the prior written consent of Bureau Veritas or the Bureau Veritas Affiliated Company.
- Bureau Veritas or the Bureau Veritas Affiliated Company reserves the right to assign or transfer all or part of the Contract to any Affiliated Companies or a third party without the prior authorisation of the Client.
- Bureau Veritas or the Bureau Veritas Affiliated Company remains free to assign or transfer any or all of its rights or obligations under the contracts entered into by it with its Partners to any other(s) Partner(s).
- If one or more of the provisions of these General Terms and Conditions were held invalid or so declared by a law, regulation or a final decision by a competent court, the other provisions shall remain in full force and effects.
- The clauses which by their nature shall survive beyond the term of these General Terms and Conditions, whatever the methods of termination, shall continue to apply until the term of their particular purpose. This applies in particular to the liability, ownership and confidentiality clauses.
- ADDRESS FOR CORRESPONDENCE
- For the performance of this Contract and subject to particular provisions, the parties agree to address any correspondence to their respective registered office.
- LAW APPLICABLE AND JURISDICTION
- These General Terms and Conditions are governed by the laws of France.
- Resolution of Disputes. IN CASE OF DISPUTE, THE COMMERCIAL COURT OF PARIS, FRANCE SHALL HAVE EXPRESS JURISDICTION, NOTWITHSTANDING MULTIPLE DEFENDANTS OR INTRODUCTION OF THIRD PARTIES.
Publisher: The website www.lead.bureauveritas.com (hereinafter the “Website”) is the property of the Company Bureau Veritas Services SAS, which publishes it, a French company registered with the Companies and Trade Register of Nanterre under number 318 720 653 registered office 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 – e-mail via contact form.
Publishing Director: Sébastien Fox, Vice-President Certification Global Service Line.
Website design: Equinoa.
Website hosted by: Equinoa, a French société par actions simplifiée, registered with the Company Trade Register of Paris under the number 484 915 475 and having its registered office at 11 bis rue Bachaumont, 75002 Paris, France, Tel : 01 71 18 11 63.