Terms and Conditions of Use
Cloud Customer Portal
Article 1 – Acceptance of the Terms and Conditions of Use
The purpose of these Terms and Conditions of Use (hereinafter the “Terms of Use”) is to set out the terms of access and conditions of use for the Cloud Customer Portal (hereinafter the “Portal”).
Use of the Portal is subject to compliance with the Terms of Use, which every user (hereinafter “the User”) acknowledges and accepts without reservation simply by accessing the Portal.
Thales Services Numériques (hereinafter “Thales”) reserves the right to update and amend the Terms of Use without notice and at any time. Where applicable, such amendments and updates shall apply to Users as soon as they are published and made available on the Portal; it is the User’s responsibility to consult the current Terms of Use each time they log in to the Portal.
Article 2 – Definitions
“Client”: means the legal entity that has entered into a contract with Thales or any other legal entity could execute a contract with Thales for the purpose of providing service to Users.
“Contract”: means the contract executed between Thales and the Client setting out the terms and conditions under which the services are made available to the Client by Thales.
“Portal”: means the Cloud Customer Portal provided by Thales and intended for Users. The Portal enables Users to subscribe to and manage Services, manage support requests, access billing information, and perform other customer account management activities made available to Clients and prospective Clients of Thales.
“User”: means any physical person authorised to access the Portal, working on behalf of a possible Client or a Client and having access rights to the Portal in accordance with the Contract. All Users do not have the same rights, in view of the execution or not of a Contract with their employer as a Client.
Article 3 – Access and Availability of the Portal
The Portal is available 24/7, except in cases of force majeure or the occurrence of an event beyond the control of Thales and subject to any breakdowns and maintenance work necessary for the proper functioning of the Portal, or any fault attributable to the Client or a third party.
Thales shall not be held liable for any unavailability relating to the User’s internet connection and/or problems relating to the User’s network and/or other means of connection and support necessary for the proper use and availability of the Portal, which must be provided and maintained by the Client.
In the case where a Client has executed a Contract with Thales, the User has its own login details.
In the case where the User does not have its own login details, access to the Platform is granted through the Client, in accordance with the rights and permissions assigned by the Client. The User’s login details are personal and confidential. The User is responsible for the security of their login details and undertakes not to disclose, distribute or share them with any third party in any way whatsoever.
Should the User disclose their login details to a third party in any way, they undertake to notify Thales and the Client immediately by any means.
Article 4 – Rights of Use of the Portal
Thales grants a personal right of use to the User, a non-transferable, non-exclusive and limited access to the Portal in accordance for the needs of the execution of the Contract and the relationship.
Regardless of access rights, the User is not authorised to modify, copy, distribute, transmit, display, perform, reproduce, publish or licence the products, information, software, services or any other intellectual property rights relating to the Portal, nor to create derivative works from them, transfer them or sell them.
The User does not acquire any rights to the Portal and its content other than those granted under the Terms of Use.
Article 5 – Intellectual Property
The Portal and its content (namely text, graphics, videos, photographs, sounds, icons, downloadable documents, databases and know-how in general, as well as all other elements forming part of the Portal) are protected by copyright and/or other intellectual property rights, and are the exclusive property of Thales or any third party. Thales reserves all rights not expressly set out in the Terms of Use.
Any use, in whole or in part, copying, display or reproduction, publication, downloading, posting, transmission or distribution of this website in any form whatsoever, without the express authorisation of Thales is prohibited and will be regarded as a breach of the provisions of the French Intellectual Property Code (Article L.122-4), unless expressly permitted by applicable law.
Any other right to reproduce and/or use this material is expressly prohibited.
“Thales” or Thales’ logo certain product or service names appearing on the Portal may be protected by registered trademarks or trademarks owned by Thales or by a company of Thales Group or any third party without such protection necessarily being indicated. The User may not use the aforementioned trademarks or logos in any press release, advertisement or other promotional or marketing material of any kind, whether in written, oral, electronic, visual or any other form, unless the User obtains the prior written consent of Thales or its legal representative.
These Terms of Use do not grant the User the right to use trademarks registered by third parties.
Article 6 – Personal Data – Cookies
The protection of Users’ personal data is a priority for Thales which ensures that this data is processed in a transparent and secure manner.
For more information the Personal Data Policy is available here.
Thales uses cookies in connection with browsing and using the Portal. For more information, the Cookies Policy is available here.
Article 7 – Illegal or Prohibited Use of the Portal and the Terms of Use – Permitted Use
7.1 Illegal use of the Portal
The User may not use the Portal for unlawful or prohibited purposes. The User is not permitted to use the Portal in any way that could damage or impair the Portal or any element that enables the peaceful use and enjoyment of the Portal by a third party. The User is not permitted to attempt to gain unauthorised access to the Portal or to other Users’ accounts by engaging in any form of intrusion or password cracking. The User is not permitted to collect or attempt to collect any type of document or information other than that which is deliberately made available by Thales for their benefit.
By way of example, and without this list being exhaustive, the User agrees not to:
- Defame, insult, harass or threaten Thales, or to infringe upon any of its other rights;
- Publish, post, upload, distribute or disclose any information, content, name or subject matter that is inappropriate, vulgar, defamatory or obscene;
- Upload or make available on the Portal, in any way whatsoever, any material protected by intellectual property rights without having obtained the prior consent of the rights holders;
- Upload files containing viruses, Trojan horses, worms, corrupted files or any other software or programme that could damage other Users’ computers or the Portal itself;
- Restrict or prevent other Users from using the service or using it for its intended purpose;
- Use the Portal to process data other than that for which the Portal is intended, and at a higher classification level than that for which the Portal is intended.
7.2 Permitted use of the Portal and User obligations
In order to ensure the continuity of the Portal and to enable appropriate security measures, the User undertakes to notify without delay Thales, any incident arising from the use of the Portal of any kind, any suspected breach and/or any compromise of the Portal.
Article 8 – Disclaimer of Warranty and Liability
The Portal is provided to Users ‘as is’, without any warranty of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights, compatibility or accuracy.
Thales accepts liability in accordance with the terms set out in the Contract with the Client and shall not be held liable to the User in any further respect regarding access to and the availability of the Portal.
Consequently, Thales does not in any way guarantee the User uninterrupted access to the Portal, nor does it guarantee the security of the Portal or the absence of any errors, viruses or malicious software.
Access to the Portal and the use of the Portal and any information contained therein are the sole and entire responsibility of the User. Thales accepts no liability for any damage whatsoever, including, without limitation, direct and indirect consequential losses, for any loss regardless of its cause, nature or consequences, including, without limitation, any loss of profits, loss of programmes or any other type of data suffered by the user’s information management system or any other system, which may result from accessing the Portal and using all or part of the elements or information contained therein.
Article 9 – Applicable Law
The Portal and the Terms of Use are governed by French law. Any dispute or litigation arising therefrom shall be settled exclusively by the competent French courts.
The application of conflict-of-laws rules, which would restrict the full application of French law, is excluded. Consequently, French law applies to all Users who use the Portal.