ROL is the publisher of software as a service modules related to managing health and safety, hygiene, environmental and energy compliance for the industrial sector (hereinafter “EHS SOLUTIONS”). Additionally, ROL has published a mobile application allowing access to certain EHS SOLUTIONS modules (Accident Research and Audits and Inspections modules) (hereinafter “Red-On-Line Mobile App”). Use by the Client and/or Users of EHS SOLUTIONS signifies irrevocable and express acceptance of the current General Conditions of Use, and notwithstanding the provisions of the Contract entered into between ROL and the Client.
ARTICLE 1 – DEFINITIONS
Content/Documentation: All of the content accessible through EHS SOLUTIONS and Red-On-Line Mobile App.
Client: any professional having entered into a Contract with ROL.
Contract: Contract entered into between ROL and the Client, the purpose of which is to make the Content available through EHS SOLUTIONS and, if applicable, Red-On-Line Mobile App.
EHS SOLUTIONS: software for managing compliance, developed by ROL, universally available via www.hse-compliance.net, through which ROL makes the Content available.
Red-On-Line Mobile App: mobile application developed by ROL allowing access to EHS SOLUTIONS’s Accident Research and Audits and Inspections modules, downloadable from Google Play or the App Store.
User: employees of the Client having been declared as a Red-On-Line Mobile App user by ROL and possessing personal and confidential log-in details allowing them to access the Red-On-Line Mobile App.
Device: select the device (smartphone, tablet, etc.) on which the Red-On-Line Mobile App is downloaded and installed.
ARTICLE 2 – ACCESS CONDITIONS
The use of Red-On-Line Mobile App requires Users to have access to a telecommunications/electronic communications network. To allow Users to connect to and use Red-On-Line Mobile App, it is the Client’s responsibility to provide the appropriate telecommunications/electronic communications services through an operator in order to equip the telecommunications lines or internet network access points to connect to and use Red-On-Line Mobile App.
The Client and the Users acknowledge and accept that the internet network, and more generally, any telecommunications/electronic communications network used for data transmission purposes, may experience periods of saturation due to overloading of the bandwidth, interruptions due to technical incidents, maintenance interventions or other events beyond ROL’s control which would result in the disruption to access to Red-On-Line Mobile App. In this event, ROL shall not be held responsible for neither network failures nor any changes made to the network by the telecommunications operator and/or by the Client and/or Users. The Client and Users are solely responsible for the material installed by the telecommunications operator.
Use of the Red-On-Line Mobile App requires previously downloading it from Google Play or App Store. Downloading Red-On-Line Mobile App requires a Device that is compatible with the Google Play or App Store services.
Only designated Users are authorised to use Red-On-Line Mobile App on behalf of the Client. During each connection, the User is required to enter their login details and password that have been previously communicated to them.
ROL, for maintenance purposes, reserves the right to temporarily, and without prior warning, suspend access to Red-On-Line Mobile App, in part or in whole, without this temporary unavailability leading to any compensation from ROL.
ARTICLE 3 – CONDITIONS OF USE
Red-On-Line Mobile App is aimed at professionals. The User acknowledges having received, before use, all information allowing them to use it.
The User is granted the right of consultation and of storage on the Content. This right of use granted solely to the User is a personal and non-transferable, non-exclusive right, granted within the limits of the rights of access for the duration of the Contract.
The User commits:
- to use Red-On-Line Mobile App for personal use only for the Client’s own needs, within the limits of the rights acquired by the Client, and is not to use it in commercially and/or share their access to Red-On-Line Mobile App and profit from it;
- to use Red-On-Line Mobile App in compliance with its purpose and its online help;
- to not implement any mass automated consultation and/or extraction methods, in part or in whole, either quantitatively or qualitatively substantial on the Content that is accessible via Red-On-Line Mobile App, notably the use of robots or any other technical means that allow this;
- to not reproduce and/or adapt and/or represent Red-On-Line Mobile App, in part or in whole, for any process that does not have the prior and express authorisation of ROL;
- to not perform any decompilation process on the software’s components. In case of a need for interoperability between several information systems, the Client shall contact ROL for information regarding how to achieve this;
- to not use, in part or in whole, any kind of protected element to create and/or run any derivative works;
- to respect the current legal and regulatory provisions, in particular to not use Red-On-Line Mobile App to create, write or commit, transmit or communicate any illicit message, information or content, whatever the nature. In addition, the User commits to respect the rights of ROL and third parties, notably the intellectual property rights (right of authorship, related rights, database rights, trademark, patent, design or model and trade secrets laws, etc.);
- to not divulge confidential information or secrets of any nature, other than that which is accessible via the Red-On-Line Mobile App;
- to not steal any quality, attribute or identifier, to mislead or create any kind of confusion as to their identity through sending or transmitting messages or any other content, and to not divert data or information which they have received, nor to utilise them to divert a client, in part or in whole, from the proposed service;
- to respect and comply with the rules of secure access to the Red-On-Line Mobile App, notably by assuring the absolute confidentiality of their login details, and more generally to not impede or hinder access to and the functioning of Red-On-Line Mobile App and its corresponding technical resources.
Any use of Red-On-Line Mobile App that does not comply with its purpose and/or goes beyond the rights acquired, constitutes a breach of ROL’s rights of use and, thereby, a crime of infringement, according to the provisions of Article L.335-3 of the Intellectual Property Code.
ROL reserves the right to suspend a User’s access to Red-On-Line Mobile App in the event of non-respect of any of the clauses of these General Conditions of Use.
ARTICLE 4 – INTELLECTUAL PROPERTY
ROL possesses all intellectual property rights over Red-On-Line Mobile App that are necessary for providing the Client with the right of use.
All Red-On-Line Mobile App components and Content are protected by the third party ownership rights belonging to ROL and/or third parties (in particular trademarks, patents, copyright and related rights, and also the sui generis right as a database producer), which the User undertakes to respect.
ROL brands are registered trademarks. Any partial or total reproduction of its brands without the express authorisation of ROL is therefore prohibited.
ARTICLE 5 – GUARANTEE AND RESPONSIBILITY
ROL guarantees that Red-On-Line Mobile App is designed and created according to best industry practice, applying reasonable precautions to avoid errors. ROL strives to provide the most accurate information possible. However, taking into account the complexity of information, the modification patterns of legislative and regulatory texts and the legal conditions for obtaining data through external public and private sources, ROL cannot guarantee the exactitude, nor the completeness, of this information.
Additionally, as Red-On-Line Mobile App is a standard application, ROL does not guarantee that the foregoing perfectly responds to the expectations of the Users.
Red-On-Line Mobile App is used under the sole direction, responsibility and control of the Client and Users. Due to its general and documentary nature, the regulatory compliance offered in Red-On-Line Mobile App does not in any case constitute the provision of legal advisory services. The Users are solely responsible for the use and interpretation of the information made available to them within the framework of Red-On-Line Mobile App, as well as the actions and decisions made based on its foundation.
Likewise, documents created and/or published by Users with the aid of the Red-On-Line Mobile App are their sole responsibility, as well as information and/or data stored therein by the User to successfully complete their tasks. It is the Users’ responsibility to verify that all documents created using Red-On-Line Mobile App are suitable for their intended use and comply with all of the legal notices required within the framework of this use.
Links to other internet websites and/or documentary resources available via the internet may be provided within the framework of the Red-On-Line Mobile App for information purposes. ROL cannot be held responsible for any damage, of any nature, resulting from the content of these external sites or sources, and in particular the information, products or services that they offer, or any use that can be made of these elements.
ROL will not be held responsible for any indirect damage, such as operating losses, loss of business, loss of clientèle, loss of order, business disruption of any kind, loss of profits, trademark infringement. Any damage caused by a third party is indirect damage.
5.3 The Client guarantees that these General Conditions of Use will be completely respected by their Users.
ARTICLE 6 – PERSONAL DATAS – COOKIES
The use of Red-On-Line Mobile App entails the processing of the Users’ personal data. The Client, determining the means and purposes of the processing of personal data to be carried in the framework of the execution of the Contract, is the Controller as defined by the GDPR, and ROL acts as the sub-processor, in the name of, on behalf of and under the instruction of the Client.
The Users are bound to respect the provisions of the current personal data regulations, and their violation is liable to criminal prosecution. They must especially abstain, with regards to nominative information to which they have access, from any data collection, from misusing the data and, in a general manner, from any action that is likely to adversely affect the private life or reputation of persons.
The Charter of the Infopro Digital group, of which ROL is a part of, is available here.
ARTICLE 7 – TERMINATION OF THE CONTRACT
Upon the termination of the Contract, for whatever reason, the Users will no longer be able to access nor use Red-On-Line Mobile App.
ARTICLE 8 – APPLICABLE LAW – LITIGATION
The current conditions of use are governed by French law. Any litigation relating to their form, interpretation or execution is to be submitted to the competent Courts of Nanterre, including summary proceedings, notwithstanding the introduction of third parties.