General terms of use

Suez Group Employee and Shareholder Association (ASAS)

ARTICLE 1. PREAMBLE

This website, http://asas-asso.com/ (hereinafter the “Site”) is created and operated by the Suez Group employees and shareholders’ association, Association des Salariés et Actionnaires du Groupe Suez (ASAS), a non-profit organization under the 1901 Law in France and registered in the National Register of Non-Profit Organizations under number W922018069 and with its registered office at Tour CB21 – 16, Place de l’Iris, 92040 Paris.

The purpose of the Site is to give information about the Association, its work and news and to allow users to join the Association in accordance with the conditions of article 7.2.

ANY AND ALL USE OF THIS SITE FOR ANY PUPOSE WHATSOEVER IMPLIES UNCONDITIONAL ACCEPTANCE OF, AND COMPLIANCE WITH, THESE GENERAL TERMS OF USE.

ARTICLE 2. DEFINITIONS

Words and expressions beginning with a capital letter, whether they are used in the singular or plural, have the meaning set out in this Article, unless the context requires otherwise:

“Subscriber” or “Member”: an individual who is a current or former SUEZ employee or shareholder and who has a valid membership to the Association.

“Membership form”: the form to join the Association. Users download the form, complete it and send it back by post to apply for membership.

“General Terms of Use” or Contract: the contractual terms and conditions provided on the site’s home page. They set out the legal terms that apply to all Users of this website.

“Membership fees”: the fees due every year from the Member. The amount is specified in the Membership form or on ASAS’s online payment page on the HelloAsso website.

“HelloAsso” ASAS page: the Association’s online joining and payment page on https://www.helloasso.com/ where Users can apply for membership and pay their Membership Fee online.

“Parties”: all Users and the Association.

“Services”: in general, the Services offered by the Association to Users through the Site and defined in article 7 below.

“Site”: the website at http://asas-asso.com/. The Site means all the web pages, services and features offered to Users.

“User”: all individuals and legal entities visiting the website, http://asas-asso.com/.

ARTICLE 3. PURPOSE

The purpose of these General Terms of Use concluded between the Association and the User is to define the terms and conditions for using the Site so that the User can use the Services as defined in article 7 below.

They aim to set forth the respective rights and obligations of the Parties in the context of the use of the Site and all the Services offered therein.

ARTICLE 4. ACCEPTING THE GENERAL TERMS OF USE

Using the Site’s features and Services implies acceptance of these terms.
The User therefore undertakes to read these General Terms of Use carefully when accessing the Site. Users may download and print a copy.
These General Terms of Use can be consulted at any time by clicking the link at the bottom of each web page.

ARTICLE 5. TECHNICAL SPECIFICATIONS

By using the Site, the User acknowledges they have the means and skills necessary to use the Site’s functions.
The User is responsible for the hardware required to access and use the Site, as well as for the telecommunications costs that may be incurred by their use.

ARTICLE 6. ROLE OF ASAS

The Site published by ASAS consists of a part presenting the Association and its work, as well as a part allowing Users to submit their membership forms.
Users are informed that no transactions take place through the Site. Membership forms and fees are sent by post or through the HelloAsso website, as described in Article 7.2.

ARTICLE 7. SERVICES

All Users have free access to the Site and its features.

7.1. Providing information

The Site provides Users with information on:
– What the Association does;
– Our aims;
- The events we organize.
Users can also consult a range of legal documents relating to the Association (for example, the by-laws, the minutes of the general meeting to form the Association, etc.).

7.2. Membership

Users can apply for membership to the Association through the Site.
To be eligible to join, they must be an employee, former employee or shareholder of SUEZ.
When they join, they become Association Members for the current calendar year.

7.2.1. Joining online

Users can enter their membership application online in the ASAS page on the HelloAsso website.
Users are prompted to go to the Association’s HelloAsso page when the click the “Membership” tab on the home page.
To submit a membership application, Users must:
- Fill out the online membership application directly on the Association's HelloAsso page, following the instructions provided;
- Pay the Membership fee.
Users who access the HelloAsso websote undertake to comply with the site’s General Terms of Use.

ARTICLE 8. OBLIGATIONS OF THE PARTIES

8.1. Users’ Obligations

When using the Site, Users undertake not to undermine public order and to comply with the laws and regulations in force, to respect the rights of third parties and comply with these General Terms of Use.

Users must:

- Behave fairly and responsibly towards ASAS and third parties;
- Be honest and sincere in the information provided to ASAS and, where applicable, to third-party Users;
- Use the Site according to its intended purpose as described in these General Terms of Use;
- Not misuse the Site to commit crimes, offences or breaches punishable under the Penal Code or any other law;
- Respect the privacy of third parties and the confidentiality of information exchanged;
- Comply with ASAS’s intellectual property rights over the elements of the Site and, where applicable, the intellectual property rights of other Users;
- Not seek to damage, within the meaning of articles 323-1 et seq. of the French Penal Code, the automated data processing systems used on the Site;
- Not modify the information put online by ASAS or by another User;
- Not use the Site for mass unsolicited advertising or other unsolicited communications;
- Not disseminate data that would hamper, disorganize, slow down, or interrupt the normal operation of the Site.

8.2. OBLIGATIONS OF ASAS

ASAS is subject to a general obligation of due care. ASAS is not bound by any obligation to achieve a specific result or any enhanced due care obligation of any kind whatsoever.
ASAS undertakes to use all means to ensure continuity of access and use of the Site 7 days a week and 24 hours a day. However, Users are advised that current internet communication technologies do not guarantee certain and continuous electronic transmission (messages, documents, sender’s and recipient’s identity).

ARTICLE 9. LIABILITY

ASAS declines all liability, inter alia:

- For temporary problems accessing the Site due to technical maintenance or updates of the information published on the Site. Users acknowledge that ASAS shall not be held liable for technical failures or interruptions to data networks;
- For virus attacks on or hacking into an automated data processing system;
- For abnormal use or illegal use of the Site by a User or a third party;
- For the content of the websites to which hyperlinks have been placed on the Site;
- In the event of non-compliance with these General Terms of Use attributable to Users;
- For delay or non-performance of its obligations, when such delay or non-performance arises from a case of force majeure as defined in Article 9 of these General Terms of Use;
- In the event of an outside cause not attributable to ASAS;
- For unlawful conduct by a User, or breach of contract by a User.

The User is solely liable for any damages caused to third parties and the consequences of any claims or actions that may result in the event of such abnormal or unlawful use of the Site.

ARTICLE 10. FORCE MAJEURE

ASAS shall not be liable for the non-performance or delayed performance of any of its obligations herein due to a case of force majeure.
Force majeure in contracts refers to the occurrence of an event that prevents the liable party from fulfilling their contractual duties. A force majeure event is beyond their control, could not reasonably have been foreseen at the time the contract was entered into, and the effects cannot be avoided by appropriate measures.
If the impediment is temporary, the contractual obligations are suspended unless the resulting delay justifies the termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are discharged from their obligations under the conditions provided for in articles 1351 and 1351-1 of the French Civil Code.
In this respect, ASAS may not be held liable in particular for an attack by hackers, unavailability of hardware, supplies, spare parts, personal or other equipment, interruption, suspension, reduction or disruption in supply of electricity or other, interruption of electronic communications networks, or for the occurrence of any circumstance or event beyond ASAS's control after the conclusion of these General Terms of Use that prevent performance of its obligations under normal conditions.
In such an event, Users shall not be entitled to claim compensation of any kind or to bring any action whatsoever against ASAS.
If one of the above-mentioned events occurs, ASAS shall endeavor to inform Users as soon as possible.

ARTICLE 11. HELP

Users can send their questions or complaints to the association by email at: contact@assas-asso.suez.com.

ARTICLE 12. INTELLECTUAL PROPERTY

The User acknowledges ASAS's intellectual property rights to the Site, its components and related content and waives the right to contest these rights in any form whatsoever.

The brands, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the Site are the exclusive intellectual property of ASAS and may not be reproduced, used or represented without express permission, under penalty of prosecution.

Any representation or reproduction of the Site or its content, either in whole or in part, by any means whatsoever, without the express prior authorization of ASAS is prohibited and constitutes an infringement punishable under articles L.335-2 et seq. and articles L.713-1 et seq. of the French Intellectual Property Code.

Specifically, ASAS expressly prohibits:

- Extracting, by permanent or temporary transfer all, or a qualitatively or quantitatively substantial part, of the contents of its database to another medium, by any means and in any form whatsoever;
- Re-using, by making available to the public all, or a qualitatively or quantitatively substantial part, of the contents of the database, in any form whatsoever;
- Reproducing, extracting or re-using, by any means, including methods similar to scraping, the contents (photographs, description, etc.) published by ASAS.

By accepting these General Terms of Use, Users recognize ASAS's intellectual property rights and undertake to respect them.
ASAS grants a non-exclusive and non-transferable right of access to Users, giving them permission to use the Site and the information it contains, in accordance with these General Terms of Use.

Any other use of the Site and its contents is excluded from the scope of this right and may not be made without ASAS’s prior express authorization.

ARTICLE 13. PERSONAL DATA PROTECTION

ASAS does not directly collect personal data via the Site.

However, ASAS does collect personal data about all Users who apply to join the Association. This information is collected either through the HelloAsso website that manages membership on our behalf, or when sending out the Membership form by post.

Users are asked to read the ASAS Privacy policy available here: https://www.asas-asso.com/privacy. The policy describes how we protect and use your personal data.

ARTICLE 14. VALIDITY OF THE GENERAL TERMS OF USE

If any of the stipulations of these General Terms of Use are declared null and void with regard to a legislative or regulatory provision in force and/or a court decision having the force of a final ruling, it will be deemed to be unwritten but will not affect the validity of the other clauses, which will remain fully applicable.

Such an amendment or decision in no way authorizes Users to disregard these General Terms of Use.

The headings and subheadings herein are included for convenience only. By express agreement between the Parties, these headings and subheadings may not be used to interpret any provision whatsoever.

The fact that a Party does not claim application of any one provision of these General Terms of Use or tolerates the non-performance thereof, either temporarily or permanently, shall in no way be interpreted as a waiver by this Party to exercise their rights under these Terms. If a Party tolerates non-performance or imperfect performance of the General Terms of Use or more generally tolerates any act, abstention or omission by the other Party of the other party that does not comply with the provisions of these General Terms of Use, it shall not confer any right whatsoever on the Party benefiting from such tolerance.

ARTICLE 15. AMENDMENTS TO THE GENERAL TERMS OF USE

These General Terms of Use apply to all Users visiting the Site.

The version of the General Terms of Use online on the date of connection to the Site is the sole version enforceable throughout the duration of use of the Site and until such time as a new version replaces it.

These General Terms of Use may be amended by ASAS, notably as a result of changes to laws or regulations.

Users will be notified of any changes.

The General Terms of Use applicable are those in force at the time of visiting the Site.
They apply to the exclusion of all other conditions or previous versions.

Users can view and download the most recent version of the General Terms of Use from the Site at any time. Alternatively, they will be sent to Users on request.

ARTICLE 16. GENERAL PROVISIONS

The fact that one of the Parties has not required application of any clause of these General Terms of Use, either permanently or temporarily, shall in no way be deemed a waiver of said clause.

Where difficulty of interpretation arises between a clause heading and a clause, the heading shall be deemed not to exist.

ARTICLE 17. COMPETENCE AND JURISDICTION

THESE GENERAL TERMS OF USE AND THE RELATIONSHIP BETWEEN THE USER AND ASAS ARE GOVERNED BY FRENCH LAW.

The Parties shall endeavor to come to an amicable resolution of any dispute that may arise between ASAS and a User concerning the interpretation, performance or termination of these terms.

IF NO AMICABLE SETTLEMENT CAN BE REACHED, THE DISPUTE MAY BE REFERRED TO THE COMPETENT COURTS.