TERMS AND CONDITIONS

Last Updated : 01/06/2018

These terms and conditions herein (hereinafter referred to as the “Terms and Conditions”) create a contract between you and OIDA STRATEGIC INTELLIGENCE SASU (the “Agreement”). You agree herein that these Terms and Conditions, and the Agreement between us, be drafted in the English language only.

WARNING 

This document is the property of OIDA STRATEGIC INTELLIGENCE SASU. All rights of reproduction and distribution are reserved for OIDA STRATEGIC INTELLIGENCE SASU’s use (hereinafter “OIDA”, “we“, “our” or “us“).

Subject to the Terms and Conditions herein, OIDA makes available for purchase certain publications on its website hosted at the following address https://oidapublishing.com/ (the “Website”), such as market research studies, newsletters, e-learning modules, and/or related business information (the “Material(s)”) to users of our Website (the “User”, “you” or “your“). Therefore, the terms and conditions herein govern your use of the Materials and/or of our Website, as set out in your purchase order.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY SINCE THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS.

You should print and keep a copy of these Terms and Conditions for future reference.

To proceed with your order on our Website you will have first to confirm your understanding and acceptance of the Agreement, by ticking the relevant box on the order page to indicate your agreement to these Terms and Conditions. Note that if you do not accept these Terms and Conditions then you will not be able to order Materials.

By ordering, accessing and/or using any Materials (as defined below), you agree to be bound by these Terms and Conditions and the other documents expressly referred to in them (as updated from time to time at OIDA’s discretion).

If you do not have the legal authority to bind the entity that employs you, please do not click to accept.

The Agreement is effective between You and OIDA as of the date you click to accept these Terms and Conditions (the “Effective Date“).

These Terms and Conditions may be revised at OIDA’s discretion whenever it deems it necessary. Every time you submit an order to us, please check these Terms and Conditions to ensure you understand the terms which will apply at that time. If such changes are unacceptable to you, you must immediately discontinue your use of the Website and of the Materials.

 

PRIVACY.

 Please review our Privacy Policy which is made available to you on our Website (as updated from time to time at OIDA’s discretion), which also governs your visit to the Website and your use of the Materials, to understand our practices.

 

ELECTRONIC COMMUNICATIONS.

When you visit the Website or send e-mails to OIDA, you are communicating with OIDA electronically. You consent to receive communications from OIDA electronically which will be either generated automatically by our Website or sent to you by email by OIDA’s team. OIDA will therefore communicate with you in all instances by e-mail. You agree that all agreements, notices, disclosures and other communications that OIDA provides to you electronically satisfy any legal requirement that such communications be in writing. Notices shall become effective immediately. You shall ensure at all times that the information you have provided to OIDA at the time of registration are current, accurate and complete, and you are responsible for updating them as needed. For instance, any change of address and/or of email address shall be promptly communicated in writing to OIDA (contact@oidagroup.com).


ORDERING SERVICES.

On our Website, you may acquire Material(s) for a charge as described in Section 4 herein “Pricing and Payment”, which is referred to as a “Transaction”. Each Transaction is an electronic contract between you and OIDA.

After you have filled in the blanks of the online purchase order form with the required information (including the acceptation of the present Terms and Conditions by ticking the relevant box), you may proceed to payment for the purchase of the selected Materials. All Transactions are subject to the Terms and Conditions herein, as amended from time to time at OIDA’s discretion. Any person who places a purchase order on behalf of your company on our Website will bound your company legally.

Once you have placed an order on our Website to purchase a Material and have proceeded to the full payment, you will receive a confirmation email a few minutes after validation of the online payment, with the link to download the purchased Material in pdf. format as well as your invoice.

In order to proceed with the downloading and viewing of the Materials, it is necessary that the User uses Adobe Acrobat Reader software available for free download on the site www.adobe.com.

In the event of a technical incident reported in writing to us by the User, we will use our best commercial efforts to manually deliver the Material by e-mail in the shortest possible time after the order has been registered on our web server and the technical incident has been reported appropriately to us.

Possible delays do not give the right to the User to cancel the sale, to refuse the Material or to claim damages.

Your use of the Material is subject to the Terms and Conditions herein, especially as regards your compliance with the terms of the section entitled “PERMITTED USE, AND LIMITATIONS ON USE” herein.

 

Pricing and payment.

Payment is due in full prior to delivery of any Material. The price of each Material is indicated in euros excluding VAT and/or any other local taxes (HT), on the Material’s description pages. The price for each Material may differ depending on the type of license you are purchasing, either a single user license or an enterprise wide license. The purchase order will however reflect the price of the purchased Material and corresponding license, in euros all taxes excluded (HT), except for orders that are placed by Users located in France, since in such a case the purchase order will reflect the price of the purchased Material in euros all taxes included (including French VAT).

All orders, whatever their origin, are payable in euros.

The prices of the Materials may be modified at any time due to the occurrence of external events. The new price will be displayed on our Website, or in case it is not displayed, the change will be notified to the User before any order.

Online payment of the Fees is due immediately upon placing the order on our Website. The User chooses the means of payment among those proposed by OIDA on the online order form: Visa, Mastercard, Paypal, etc. In case the payment is made by credit card, it will have to be in accordance with the terms and conditions of the SSL payment system. Full payment is effective only after validation of the credit card. If the payment authorization is refused by the bank, the order will be canceled and OIDA shall have no commitment to deliver or obligation of any kind whatsoever under this Agreement. Your credit card numbers are not disclosed to us. Only our bank is in possession of your bank details.

In the event payment is made by using Paypal, it will have to be in accordance with the terms and conditions of Paypal, and we will be contacted once the Paypal payment system has authorized the payment. The payment authorization date is the order acceptance date. In the event that Paypal payment system does not authorize the payment, the order will be cancelled and OIDA shall have no commitment to deliver or obligation of any kind whatsoever under this Agreement.

In any event, all Transactions are final.

After proceeding to payment, you will receive a confirmation email in your inbox with the invoice in attachment as well as a link granting you with access to the purchased Material for download in accordance with the Terms and Conditions herein.

Returns or refunds.

Due to the nature of our Materials, no returns are accepted, and no refunds are provided.

 

Permitted Use, Limitations on Use.

At the time of purchase, as indicated for each Material, you may select to purchase either a Single User License or an Enterprise Wide License, as defined below.

Single User License. The purchase of a Single User License allows only the User as identified on the purchase order, to view the Material and to download it only as required to view the Material on its Web browser, for its own non-commercial internal and individual use, keeping all copyright and other notices on the Material. The User may not: print, copy, modify, republish or distribute any Material, or do anything else with the Material, which is not specifically permitted in this Agreement.

Enterprise Wide License. In the event you have purchased an Enterprise Wide License on our Website, you and your company’s full time employees are allowed to view the Material and download it on all the computers within your organization (as identified in the purchase order) without regard for physical location, as well as to print out one single hard-paper copy per user within your organization, for your company’s own non-commercial internal use exclusively, keeping all copyright and other notices on the Material.  In any event, you and/or any user within your company may not copy, republish or distribute any Material or do anything else with the Material which is not specifically permitted in this Agreement.

In any event, and in both the case of Single User License and of an Enterprise Wide License, once payment of the Fees invoiced is made by the User on our Website, the license granted to the User by OIDA is limited to the term of this Agreement, and is a non-exclusive, non-sublicensable, non-transferable license to access, download and use the Materials strictly as provided herein in these Terms and Conditions and in accordance with the type of license purchased.

You warrant that you will use appropriate controls to ensure that the license is not breached by you or other users and agree that any breach may cause us irreparable harm. You agree we have the right to charge additional fees for unauthorized usage in line with our standard list of prices. This clause survives termination of the Agreement.

By accepting the present Terms and Conditions which are applicable to both the Single User License and the Enterprise Wide License, the User acknowledges and agrees that: (a) OIDA and/or its subcontractors, agents and representatives are the sole and exclusive owners of all rights, title and interest in and to the Website and/or in the Materials (including in the compilation of all content on the Website), and the User will not seek to obtain any rights or ownership over the Website and/or over any of the Materials;  (b) all content included on the Website, such as the Materials, as well as any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of OIDA or its content suppliers and are protected by French laws and international copyright laws. You have no right, title or interest whatsoever in the Materials and/or OIDA’s and its licensors’ trademarks and any goodwill association therewith and that all goodwill associated with the OIDA’s trademark is owned by and shall enure exclusively to and for the benefit of OIDA and/or OIDA’s licensors; (c) you shall not modify and/or commercialize and/or distribute in any way, any portion of the Material at any time. In any event, the licenses do not include (i) any resale or commercial use of the Materials and/or of any portion of their content, (ii) any derivative use of the Materials and/or any portion of their content; and/or (iii) any use of data mining, robots, or similar data gathering and extraction tools.  Where such activities are found to be/have taken place, OIDA reserves the right to immediately terminate the rights of the User and it shall be deemed to be a breach of the Agreement Terms and Conditions herein.

Unless otherwise specified by OIDA in a separate license agreement signed between OIDA and the User, User’s right to use any Materials, data, documentation or other materials that the User’s access or download through the Website is subject to these Terms and Conditions.

The Materials or any portion of the Materials may not be disclosed to third-parties, and/or be reproduced, duplicated, copied, adapted sold, distributed, represented, resold, visited, or otherwise exploited for any commercial purpose without express written consent of OIDA’s legal representative.

You and/or any of the authorized users within your organization (where applicable, cf. Enterprise Wide License) may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of OIDA without OIDA’s express written consent.   You and/or the authorized users may not use any meta tags or any other “hidden text” utilizing OIDA’s name or trademarks without the express written consent of OIDA.

Any unauthorized use will result in the immediate termination of all permissions and/or license granted by OIDA and shall be deemed to be a breach of the Agreement terms.  You may not use any OIDA’s logo or other proprietary graphic or trademark without OIDA’s express written permission. You and your company agree to take all actions and cooperate as is necessary to protect the copyright and all intellectual property rights of OIDA and/or of its licensors in the Materials. You and/or the authorized users within your organization (where applicable, cf. Enterprise Wide License) shall not alter, obscure, remove, cancel or otherwise interfere with any markings (including without limitation any trademarks, logos, trade names or trading style of OIDA) and other indications of origin, which may be placed on the Materials.  You and/or your company shall not represent in any manner that you have acquired any ownership rights in the Materials and/or in OIDA’s and/or its licensors’ trademarks.  Any goodwill enjoyed by you from use of the OIDA’s trademark and/or the Materials as provided in this Agreement, shall vest in and become the absolute property of OIDA. You undertake and agree, at the request of OIDA, whether before or after termination of this Agreement, to execute all such instruments and to do all such acts and things as may be necessary and desirable to vest absolutely in OIDA all such trademarks and the goodwill therein.  You shall immediately report to OIDA any actual or potential infringements of the Materials or of OIDA’s and/or of its licensors’ trademarks or any matter which may give rise to any infringement of OIDA’s and/or its licensors’ intellectual property, of which you are or may become aware of, and you and/or your company shall co-operate with OIDA in protecting the Materials and/or OIDA’s trademarks from any such infringement.  You and/or your company shall not initiate any protective action with respect to OIDA’s and/or OIDA’s licensors’ trademarks or Materials without prior written authorization of OIDA.  You agree that the provisions herein are reasonable having regard to the necessity of OIDA to protect its ownership rights in the Materials and OIDA’s trademarks and that any breach of the terms contained herein shall be deemed a material breach of this Agreement. In addition to any other remedies which may be available to it, OIDA shall be entitled to enforce its rights hereunder by specific performance or other injunctive or equitable relief so as to protect all its rights in and to OIDA’s and/or OIDA’s licensors’ trademarks and Materials.

Rights that are not expressly granted to you in this Agreement are reserved to OIDA and may not be exercised without OIDA’s written consent.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE MATERIAL AVAILABLE ON OUR WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY.

OUR WEBSITE AND ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, ARE PROVIDED BY OIDA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. NOTE THAT ACCESS TO THE CONTENT AND MATERIALS PUBLISHED ON OUR WEBSITE FOR PURCHASE MAY BE MODIFIED, DELETED OR SUSPENDED AT OIDA’S DISCRETION AT ANY TIME WITH NO PRIOR NOTIFICATION. OIDA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND OF THE MATERIALS IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OIDA MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, RELATING TO THE MATERIALS, INCLUDING, WITHOUT LIMITATION:

– AS TO THE CONTENT, THE ACCURACY, THE RELEVANCE, TIMELINESS OR COMPLETENESS OF THE INFORMATION CONTAINED IN ANY OF THE MATERIALS PROVIDED BY OIDA,

– AS TO LEGALITY, USEFULLNESS, VALIDITY, RESULTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE,

– AS TO ANY LIABILITY FOR LOSSES OR DAMAGE (INCLUDING WITHOUT LIMITATION CONSEQUENTIAL LOSS OR DAMAGE) TO YOUR COMPUTER, AS WELL AS YOUR HARDWARE, DATA, INFORMATION, MATERIALS AND BUSINESS, RESULTING FROM THE USE OF THE MATERIALS OR OTHERWISE,

– AS TO ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE INFORMATION CONTAINED IN THE MATERIALS,

– AS TO ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED IN THE MATERIALS.

YOU SHALL ASSUME ALL RISK AND LIABILITY FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM THE USE OF THE MATERIALS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS.

ANY REPRESENTATION OR WARRANTY THAT MAY BE IMPLIED IS EXPRESSLY DISCLAIMED. OIDA DOES NOT WARRANT THAT OUR WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE; ITS SERVERS; OR E-MAIL SENT FROM OIDA AND/OR ANY PROVIDER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

OIDA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IN ANY EVENT, OIDA SHALL NOT BE LIABLE TO YOU AND/OR ANY THIRD-PARTY FOR: (I) ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, AND (II) THE LOSS OF CONTRACTS AS WELL AS THE LOSS OF BUSINESS OR OF REVENUES OR SAVINGS, THE LOSS OF GOODWILL OR REPUTATION AND/OR THE LOSS OF PROSPECTIVE PROFITS ON ANTICIPATED SALES OR ON ACCOUNT OF EXPENDITURES, INVESTMENTS, LEASES OR COMMITMENTS; REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF

CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT DUE TO ANY EVENT BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, EARTHQUAKE, FIRE, FLOOD OR ANY OTHER NATURAL DISASTER, LABOR DISPUTE, RIOT, REVOLUTION, TERRORISM, ACTS OF RESTRAINT OF GOVERNMENT OR REGULATORY AUTHORITIES, FAILURE OF COMPUTER EQUIPMENT AND FAILURE OR DELAY OF SERVICES AND PLATFORMS USED TO OPERATE OUR ELECTRONIC MEDIA.

LINKS TO THIRD PARTY SITES

VARIOUS LINKS ON OUR WEBSITE WILL TAKE YOU OUT OF OUR WEBSITE. THESE LINKED SITES ARE NOT NECESSARILY UNDER OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED PAGE OR ANY OTHER PAGE NOT UNDER OUR CONTROL. WE PROVIDE THESE LINKS ONLY AS A CONVENIENCE; THE INCLUSION OF A LINK DOES NOT IMPLY ENDORSEMENT OF THAT LINKED SITE.

LIMITATION OF LIABILITY

YOU AND/OR YOUR AUTHORIZED USERS (AS APPLICABLE, CF. ENTERPRISE WIDE LICENSE) ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU AND/OR THEM, OR BY ANYONE ELSE IN CONNECTION WITH YOUR BROWSING AND USE OF OUR WEBSITE AND/OR THE MATERIALS.

IF YOU ARE DISSATISFIED WITH THE MATERIAL OR WITH OUR WEBSITE OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE MATERIALS AND OUR WEBSITE. OIDA WILL NOT PAY YOU ANY DAMAGES.

RISK OF LOSS FOR ALL ELECTRONICALLY DELIVERED TRANSACTIONS PASS TO THE ACQUIRER UPON ELECTRONIC TRANSMISSION TO THE RECIPIENT.

GOVERNING LAW.

The laws of france govern this agreement and your use of our website. You agree to comply with all laws, regulations, obligations and restrictions, which apply to you. You agree that the commercial court located in nice (france) has exclusive jurisdiction for any claim, action or dispute under this agreement. No failure or delay in enforcing any right shall be a waiver of that or any other right. If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

You agree to comply with all laws and regulations that apply to your use of our website and of the materials.

ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement between you and OIDA and governs your use of our Website and/or of the Materials, superseding any prior agreements with respect to the same subject matter between you and OIDA, unless expressly provided otherwise in the written agreement that has been signed between you and OIDA.  Printed terms and conditions in any additional documents issued by you or your agent/external counsels will not be recognized as binding. Note, that you also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software, or additional services.

OIDA’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision.

Contact information and other information required by law.

Website is published by: OIDA STRATEGIC INTELLIGENCE SASU
A French company registered under N° 819 893 694 – trade register of Nice
Code APE: 7022Z
Share Capital: 6000 Euros
EU VAT Number: FR05819893694
Headquarters are located at: 455, PROMENADE DES ANGLAIS – 06200 NICE (FRANCE)
President: Julien Brugnetti
Tel: +33 (0) 07 84 31 97 98
Email: contact@oidagroup.com
Publication Director: Julien Brugnetti
ISP: SAS OVH – http://www.ovh.com
2, rue Kellermann  BP 80157 59100 Roubaix (FRANCE)
Tel: +33 (0) 9 72 10 10 07

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ADDRESS

Porte de l'Arenas, Hall C - CS13326
455, Promenade des Anglais
06206 Nice cedex 3, France
Website: https://oidagroup.com
Email: contact@oidagroup.com

DISCLAIMER

Please note that this website should not be used as an investment tool nor does it provide any investment advice. OIDA Strategic Intelligence SASU can accept no liability whatsoever for actions taken based on any information that may subsequently prove to be incorrect, inaccurate or omitted and publicated in this website.