The present General Conditions of Use (known as "GCU") are proposed by the publisher of the site.
In the following we will refer to :
The user of the site is invited to take note of these GTC. The user acknowledges that he/she has read the GTC and accepts them without reservation.
The purpose of these GTC is to provide a legal framework for the terms and conditions under which the Site and its services are made available by the Publisher and to define the conditions of access to and use of the services by the User.
The Site Publisher reserves the right to modify the GTC at any time by publishing a new version of the GTC on the Site. The GTUs applicable and enforceable against the user are those in force on the day of acceptance.
Browsing the site implies that the user fully accepts the GTUs and acknowledges that he/she has read them.
The user acknowledges the value of the site editor's automatic recording systems as proof and, unless he/she can provide proof to the contrary, he/she waives the right to contest them in the event of a dispute.
Acceptance of these GTUs implies that the user has legal capacity. If the user is a minor, or an adult under guardianship, he/she declares that he/she has the authorisation of his/her legal representative to accept the GCU.
The website https://www.moha-app.com allows the user to access the following services:
The site is accessible free of charge at any location to any user with an Internet connection. All costs incurred by the user to access the service (computer hardware, software, Internet connection, etc.) are at the user's expense.
The publisher makes every effort to ensure that the site is permanently accessible, subject to maintenance operations on the site or the server on which it is hosted. In the event of impossibility of access to the site, due to technical problems or of any other nature, the user may not claim any damage and may not claim any compensation.
The publisher is only bound by an obligation of means. It cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusions, viruses, service interruptions, etc.
The user expressly admits to using the site at his own risk and under his exclusive responsibility.
The site provides the user with information for information purposes only, with imperfections, errors, omissions or inaccuracies and other ambivalences that may exist. In any case, Moha cannot be held responsible for:
The trademarks, logos, signs as well as all the textual content, pictograms, drawings, models, software, visual identity or videos on the site are protected by the Intellectual Property Code and more particularly by copyright.
The textual content, pictograms or videos on the site come from:
The user must request prior authorisation from the site editor for any reproduction, publication or copy of the various contents. The user undertakes to use the contents of the site in a strictly private context; any use for commercial or advertising purposes is strictly forbidden.
Any total or partial reproduction of this site by any means whatsoever, without the express authorisation of the publisher, would constitute an infringement punishable by articles L335-2 et seq. Any user who is guilty of an infringement may have his or her access to the site removed, after an initial warning, without compensation and without this exclusion constituting damage. This deletion does not prevent any subsequent legal proceedings against the user, at the initiative of the site editor or his representative.
It is recalled in accordance with Article L122-5 of the Intellectual Property Code that the user who reproduces, publicises or copies the protected content must cite the author and his source.
The sources of the information published on the https://www.moha-app.com website are deemed reliable, but the website does not guarantee that it is free of defects, errors or omissions.
The information provided is presented for information purposes only and has no contractual value. Despite regular updates, the site https://www.moha-app.com cannot be held responsible for any changes in administrative and legal provisions occurring after publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained in its pages.
The site https://www.moha-app.com cannot be held responsible for any viruses that may infect the computer or any other computer equipment of the Internet user following use of or access from the site. The site cannot be held responsible for any technical unavailability of the connection, whether this is due to an update, maintenance, modification of the site, intervention by the host, an internal or external strike, a network failure or a power cut.
The publisher cannot be held responsible for the non-functioning, impossibility of access or malfunctioning of the site attributable to unsuitable equipment, poor configuration or use of the user's computer, malfunctioning of the services of the user's access provider, or those of the Internet network.
The site cannot be held responsible in the event of force majeure or the unforeseeable and insurmountable act of a third party.
The site allows users to post comments under the articles.
Any content posted by the user is his/her sole responsibility. The user undertakes to respect the law in force and not to put online any content that could harm third parties (insulting, racist, defamatory, etc., this list not being exhaustive). Any legal action taken by an injured third party against the site will be borne by the user.
The site may exercise moderation over publications and reserves the right to refuse to put them online, without having to justify this to the user. The user's content may be deleted or modified by the editor at any time and for any reason without prior notice.
The user remains the owner of all intellectual property rights. However, by publishing a comment on the site, the user grants the publisher the non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute his publication, directly or through a third party, throughout the world, on any medium, for the duration of the intellectual property. In particular, the user grants the right to use his or her commentary on the Internet.
The publisher undertakes to include the user's name in the vicinity of each use of his or her commentary, unless the user does not authorise it. This refusal must be expressed and formulated to the editor.
Hypertext links may be present on the site. The user is informed that by clicking on these links, he will leave the site. The site editor has no control over the web pages to which these links lead and cannot be held responsible for their content. Consequently, the user acknowledges that the publisher cannot be held responsible for any damage or loss, proven or alleged, consecutive to or in relation with the use or with the fact of having taken knowledge of the contents, publicity, products or services available on these external sites or sources. Likewise, the publisher of this site shall not be held liable if the user's visit to one of these sites causes him/her harm.
If, despite the publisher's efforts, one of the hypertext links present on the site points to a site or an Internet source whose content does not comply with the requirements of French law, the user undertakes to immediately contact the site's publication director, whose contact details are given in the site's legal notice, in order to communicate the address of the third party site in question.
If any provision of these TOU is found to be invalid, illegal or unenforceable, that provision shall be deemed unwritten and severable from the remaining provisions. Its invalidity shall not affect the application of the other provisions.
French law applies to this contract. In the event of failure to reach an amicable settlement of a dispute between the parties, the French courts shall have sole jurisdiction.
For any question relating to the application of these GTU, you may contact the publisher at the following address: firstname.lastname@example.org