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Terms of Use of Odigo’s websites

Welcome to the websites and/or webs pages owned and/or operated by Odigo SAS, company whose headquarters are located at 145-151, Quai du Pdt Roosevelt, 92130 Issy Les Moulineaux (“Odigo”).

The terms “We”, “Us” or “Our” mean Odigo.

The purpose of these Terms of Use is to define the terms and conditions under which Users shall access and use the Odigo’s websites as defined hereinafter:

Odigo Help Center:

Odigo Help Center accessible only to Odigo Customer through the following URL: https://odigohelpcenter.odigo.com.

The purpose of to provide to Odigo’s Customers with Information and Documentation concerning current and future versions of Odigo Products, FAQs and to exchange on Odigo Help Center Community.  The Website is made available to the User for individual, professional and non-commercial use.

Odigo Partner Portal:

Odigo Partner Portal accessible only to Odigo Partners through the following URL: https://partners.odigo.com

Odigo Partner Portal provides Odigo solutions description, marketing and communication material intended for use by Partners.

1. Definitions

1.1    Account:  means any accounts created by or on behalf of Your Company for the individual use by each of Your Users within this Odigo Help Center.

1.2    Agreement: means the binding and enforceable legal contract between Your Company and Odigo.

1.3    Content: means Information, Documentation and any other materials published on the Odigo Help Center Website;

1.4    Documentation: means Articles, and downloadables pdf files describing Odigo usage, services and functions.

1.5    Feedback(s): means comments and suggestions on the Odigo products and services that may be posted or published by any User(s) on Odigo Help Center Community.

1.6    Information: means information on Odigo’s Product and Services, including Articles, downloadables pdf files, FAQs (Frequently Asked Questions), and community exchanges (through the Website Community) accessible on the Website.

1.7    Odigo Customer: means Your company having prior subscribed to Odigo services through the Customer Services Agreement, granting Your Company the right to use the Odigo Products.

1.8    Odigo Help Center Community: means the discussion forum dedicated only and limited to Odigo Customers as authorized by Us. Odigo Help Center Community is part of Odigo Help Center which shall be accessible on page through the link : https://odigohelpcenter.odigo.com/hc/en-us/community/topics where an User may share, post, publish a Feedback online access and exchange with the other Users.

1.9    Website(s): means the Odigo™ Help center platform (accessible through the direct internet link : https://odigohelpcenter.odigo.com) , or the Odigo™ Partner Portal (accessible here: https://partners.odigo.com).

“You” means the User as defined below.

“Your Company” means the Odigo’s Customer or Odigo’s Partner where applicable with respect to the context of using the Website.

2. Acceptance of Terms of Use

By accessing and browsing the dedicated Website or by using and/or downloading any Content from same, You agree and accept these Terms of Use as set forth below.

Your access and use of this Website are subject to the following Terms of Use and applicable laws and regulations. As a User of this Website, You undertake to comply, without reservation, with these Terms of Use, supplemented by the Privacy Policy.

You are expressly informed that the only authentic version of these Terms of Use is the one found online on this Website, which the User acknowledges and accepts without restriction, committing himself to refer to it systematically at each connection.

3. Modifications of the Terms of Use

Odigo reserves the right to change the Terms of Use at any time and without notice. You will be automatically bound by these modifications when You use the Website and should periodically read the Terms of Use.

The prevailing version is the one available online at the Website. Any User is therefore required to refer to their version accessible online on the date of his/her access and use of the Website.

4. Confidentiality

All Content displayed on the Websites together with all Feedbacks including any posts shared on Odigo Help Center Community are considered as Confidential Information protected in the same binding confidentiality terms and conditions of the Agreement and all obligations and liabilities are governed by such terms.

5. Online Privacy Policy – Use of Cookies

Please check our Privacy Policy  for more information about how Odigo™ respects and ensures your privacy and including Our Cookie Policy.

6. Use of the Websites

All Content available through the Website shall not be construed as a commercial offer, a license, an advisory, fiduciary or professional relationship between Your Company and Odigo.

The Content may relate to Odigo Products or services that You may not have subscribed upon a written agreement.

Odigo is not bound by any obligation of result regarding the availability of the website. Odigo reserves the right (i) to modify, without any prior notice, the features of the website and/or (ii) to suspend, interrupt or limit the access to all or part of the website, without any prior notice, particularly for maintenance purposes.

The Website is accessible from any device that can connect to the Internet. The costs incurred by You to access it (internet connection, computer equipment, etc.) are not the responsibility of Odigo. You undertake to access the Website using material that does not contain viruses.

7. User’s Obligations and Restricted Use

Prior to access the Websites, You shall comply with the registration procedure to access the Website, as described hereinafter. First, You shall create Your personal user’s account by entering Your own professional email address (“Your User Account”).

You will then receive a confirmation mail in order to check Your address. Such email shall contain a hypertext link that will allow You to :

  1. Create your personal Password;
  2. Read and expressly accept the Term of use of the Website.

Once Your User Account’s registration procedure is fully completed, You must authenticate yourself using Your email address and personal password (“Your Login”).

Your User Account is strictly personal, and You are not authorized to share or communicate it with other individuals.

You shall take all necessary steps to maintain the confidentiality of Your Login and password and to guarantee the proper security of Your User Account, in particular not to store Your information on any open medium whatsoever.

You are fully responsible for all activities carried out on the Websites through Your User Account.

As a User, You agree to inform Odigo using the rssi.odigo@capgemini.com mail address, in case of any unauthorized access to your account or any security breach of which you become aware that may affect the security of the Website.

You (and on behalf of Your Company) acknowledge that Odigo shall not be liable for any damage or loss that you may suffer as a result of fraudulent authorization by a third party of the Your User Account.

You undertake not to take any action likely to hinder or disrupt the proper functioning or technical accessibility of the Website and in particular to access the Website via another user account or to provide access to the Website by a third party via Your User Account.

You acknowledge that you may be liable for any damages suffered by Odigo or any third party resulting from fraudulent use of the Website through Your User Account.

You are strictly prohibited from modifying, copying, distributing, transmitting, displaying, reproducing, publishing, licensing, creating derivative works from, communicating or selling any Content obtained from the Website.

You undertake not to use the Website for any purpose that is illegal or contrary to these Terms of Use or that is likely to damage or clutter the servers of Odigo or any networks connected with the servers of Odigo or interfere with the use of the Website by a third party user.

You undertake not to gain unauthorised access to the Website and to the accounts, software, systems and/or network connected to the Odigo’s servers by hacking, password extraction or any other means. You undertake not to obtain and/or access content, information or elements by means not voluntarily made available by the Website.

8. Odigo Help Center Community

Any User shall be fully responsible for all activities carried out on the Odigo Help Center website through Your User Account and the Feedbacks published on the Help Center Community.

The Odigo Help Center Community is a discussion forum available to Users for mutual support and to share their Feedbacks concerning the use of Odigo services 

In using the Odigo Help Center Community, You must comply with the following rules:

–       Be sure that Your Feedback shall be constructive, relevant and appropriate.

–       Make sure to give an explicit title to your subjects.

–       Avoid asking your questions in an existing topic.

–       For greater clarity, only one question per subject is allowed.

–       In order to be understandable, do not write in SMS language or use abbreviations.

–       Do not write in bold and/or color, this is for moderation only.

As such, Odigo reserves the right to moderate the activity on the Odigo Help Center Community and any Feedback(s) may be moderated, removed or deleted in our sole discretion for any reason, including, but not limited to:

–       If it is contrary to public policy and morality or if its content is offensive.

–       If it is offensive, defamatory, racist, xenophobic, or damaging to the honour or reputation of others

–       If it incites discrimination or hatred against a person or group of persons on the grounds of their origin, membership or non-membership of a particular ethnic group, nation, race or religion, threatening a person or group of persons,

–       If it is written in SMS language or if it has nothing to do with the subject matter or if it does not contribute to the ongoing discussion,

–       If it disrespects another User or a member of moderation staff,

–       If it contains advertising

–       If it violates these Terms of Use.

9. Odigo Help Center Feedbacks

You warrant that any and all Feedbacks other than personal data, that you may post to the Odigo Help Center Community does not infringe intellectual property rights or any other applicable law. Such Feedbacks will be treated as non-confidential and non-proprietary. You warrant that Feedbacks that You may post through the website do not affect the integrity and/or the security of the Websites, and in particular, do not contain any virus, worms, Trojan horses and other potentially destructive programs.

Any and all Feedbacks shall not contain any personal data. 

By submitting any Feedback, information or material on Odigo Help Center Community, You give Odigo an unlimited and irrevocable license to use, copy, execute, show, display, modify and transmit such information, Material or comments, including any underlying idea, concept or know-how, in whole or in part, in any manner or medium. Odigo reserves the right to use any Feedbacks in any way it chooses.

Links to third-party websites shall do not imply any approval or endorsement by Odigo of the linked sites, even if they may contain the Company’s logo, as such sites are beyond the Odigo’s control. Thus, Odigo cannot be held responsible for the content of any linked site or any link contained therein. Odigo™ shall have no liability for any loss or damage of any kind that may arise from Your use of such content or links. Therefore, You should protect yourself against viruses, worms, Trojan horses and other potentially destructive programs that may be present on third-party websites. And you are responsible for checking and complying with terms of use applicable to these third-party websites.

11. Intellectual Property

The Website is protected by intellectual property rights including but not limited to trademarks, copyright, designs, sui generis right of the database producer, etc. and is the exclusive property of Odigo.

Nothing in the Terms of Use shall be construed as an assignment of intellectual property rights, whether tacitly or otherwise.

Any material that it contains, including, but not limited to, texts, data, graphics, pictures, sounds, videos, logos, icons or html code is protected under intellectual property law and remains Odigo (“Odigo’s Trademarks”) or its third-party suppliers’ property.

Non-compliance with the above-mentioned prohibitions may constitute an act of counterfeiting and/or unfair competition engaging your civil and/or criminal liability.

The Odigo’s Trademarks include but are not limited to the following:

  • Odigo™

All other trademarks not owned by ODIGO SAS that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Odigo. You should require specific authorization to use for any purpose any of the trademarks owned by Odigo or any third party. All trademarks and logos belonging to Odigo SAS or any other third-party suppliers may not be used without the prior written consent of Odigo SAS.

Any reproduction, distribution or representation, in whole or in part, of the Odigo’s Trademarks or any of their components is prohibited, as is their alteration. In this respect, You are notably prohibited from adapting, arranging, modifying, correcting, combining, translating into any language or any language, placing on the market free of charge or against payment, marketing all or part of the Website provided by ODIGO or any element composing them, whatever the means and support.

If You become aware of any violation of the Odigo’s intellectual property rights, or You believe that your intellectual property rights have been infringed by any material from the Website, please send an email to IPRinfringements@capgemini.com.

Please be sure to include as many details as possible (for example: a description of the allegedly infringed intellectual property rights, a description of where the material that you claim is infringing is located, etc.) and note that we will not open attachments under any circumstances.

12. Odigo’s Warranty and Exclusion of Liability

All Content (e.g: materials, including downloadable software) made available through the Website is provided «as is» and without warranty of any kind to the extent allowed by the Applicable Law. Odigo does not guarantee in any way uninterrupted access to the Website. While Odigo will use reasonable efforts to provide reliable information through the Website, Odigo does not warrant that the Website is free of inaccuracies, errors and/or omissions, viruses, worms, Trojan horses and the like, or that the Content is appropriate for Your particular use or up to date, and Odigo reserves the right to change the information at any time without notice. Odigo does not warrant any results derived from the use of any material, including downloadable software, available on the Website.

You are solely responsible for any use of the materials contained in the Website. You also agree that access to and use of the Website is at your own risk.

The information contained in the Website does not extend or modify the warranty that may apply to You as a result of a contractual relationship with Odigo. Odigo will not be liable for any indirect, consequential or incidental damages, including but not limited to lost profits or revenues, business interruption, loss of data arising out of or in connection with the use, inability to use or reliance on any material contained in the Website or any linked site.

In any event, the liability of Odigo for direct damages arising out of or in connection with the use, inability to use or reliance on any material contained in the Website or any linked site shall not exceed the amount of Euros 1,000.

13. Applicable law and Jurisdiction

Any controversy or claim arising out of or related to these Terms of Use shall be governed by French law.

The Courts of Paris will have exclusive jurisdiction, regardless of the place of performance or the domicile of the defendant.
 

14. Miscellaneous

If any provision of the Terms of Use is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the validity, legality or enforceability of all remaining provisions.

Except as expressly provided, the Terms of Use shall constitute the specific agreement and understanding between Odigo SAS and Your Company with respect to the use of the Website and all Content without limiting or excluding the rights and obligations set forth in the executed Customer Service Agreement.