TERMS OF USE

Welcome to the www.smrc-automotive.com website (hereinafter the “Website”). By visiting the Website, you agree to these terms and conditions of use (hereinafter “Terms of Use”). If you disagree with certain clauses in these Terms of Use, please do not use the Website.

1. Publisher of the Website

The Website is operated by the French company SMRC AUTOMOTIVE MODULES FRANCE SAS, with capital in the amount of 6,662,276.58 euros, registered in the Arras Trade and Companies Registry, under number 410 314 876, domiciled at rue Léon Duhamel, 62440 Harnes, France (hereinafter “SMRC“, “we“, “our“),

2. Purpose

These Terms of Use serve to define the terms and conditions under which SMRC makes the Website available to any visitor (hereinafter “Visitor“, “you“, “your“). This website informs the public about our activities, our recruitment program and provides our suppliers with access to the space dedicated to them.

3. General hardware and technical prerequisites

The Website may only be accessed by Visitors with a compatible computer configuration that meets the following prerequisites:

• a broadband Internet connection subscribed from a reputable service provider.
• the proper equipment and hardware that enables them to access and browse the Website.

4. Conditions for accessing the Website

Access to the Website is free and open to any Visitor with internet access. All costs related to access, whether hardware, software or internet access costs are exclusively borne by the Visitor. The Visitor is solely responsible for the proper functioning of his computer equipment as well as his access to the internet.

5. Conditions for accessing the Website

Our suppliers can access the supplier portal by logging in with a username and password.

To obtain a username, please send us the following information by email to: rspsecur@smrc-automotive.com:

• Company Name
• Has your company previously had access to the portal
• Surname
• First name
• Telephone number
• E-mail address

In this context, you agree not to communicate, disclose or assign your username or password to another person. You are solely responsible for keeping this information confidential. Please inform us as soon as possible of any unauthorised use of your username and password and any breach of security of persons and information.

6. Intellectual property rights

The elements appearing on the Website (photographs, texts, slogans, trademarks, logos, drawings, images, databases, animated sequences with sound etc.) as well as the Website’s source code are the property of SMRC or third parties having authorised SMRC to use them.

The use of all or part of the Website, including downloading, reproduction, transmission, representation or dissemination for purposes other than for your personal and private use, for either commercial or non-commercial purposes, is strictly prohibited. Visitors shall also refrain from extracting or reproducing quantitatively or qualitatively substantial parts of the contents of one of this Website’s databases without the prior consent of SMRC, irrespective of whether these databases are protected by Articles L.341-1 et seq. of the French Intellectual Property Code. You may be subject to the sanctions provided by law should you violate the provisions set forth herein.

7. Hypertext links

SMRC authorises the creation of hyperlinks to its content, subject to:

• an authorisation from the Website editor. Please direct any request in this regard to corpcomm@smrc-automotive.com
• refraining from using the deep linking technique, that is, the pages of the Website must not be nested inside the pages of another Website, but accessible by opening a dedicated window; and
• mentioning the source which will direct users directly to the targeted content through a hypertext link.

This authorisation does not apply to websites that disseminate information of a controversial, pornographic, xenophobic nature or that may, in general, be deemed offensive to the general public.

Third-party sites with a hypertext link to the Website are not under the control of SMRC, which accepts no responsibility for their content. You are solely responsible for your use of these websites.

8. User’s commitments

By visiting the Website, you agree to (i) refrain from using the Website for any unlawful purpose; (ii) refrain from using the Website in a way that could interrupt, damage, interfere with the Website or impair its efficiency; (iii) not to transfer files containing viruses, Trojans or any other harmful computer program; (iv) not attempt to circumvent the security measures in place on the Website; and/or (v) not to use the Website in a manner that would damage the reputation, name or image of SMRC.

9. Availability of the Website

SMRC strives to allow access to the Website 24 hours a day, 7 days a week, except in case of an event of force majeure or one that is beyond the control of SMRC, and subject to any breakdowns and maintenance operations required to ensure proper functioning of the Website and services.

SMRC cannot be held liable in case of impossibility of access to the Website and/or use of the services.

10. Liability

SMRC can only be held liable when you have suffered direct damage as a result of a fault, negligence or breach by SMRC of its obligations.

The information accessible via the Website is provided as is. You will be solely responsible for your use of this information.

In the event that incorrect information appears on the Website, SMRC undertakes to correct them as soon as they are brought to its attention.

11. Personal data

Your personal data is collected and processed by SMRC in accordance with the terms of our External Privacy Policy and our Cookies Policy, available here and here.

12. Changes to the Terms of Use

SMRC reserves the right to modify these Terms of Use at any time. Please check these Terms of Use regularly to be informed of any changes.

13. Transfer

You may not transfer or assign any rights or obligations you hold under the Terms of Use without the express written consent of SMRC. SMRC may transfer its rights and obligations under these Terms of Use to another company. You hereby accept the transfer by SMRC of these Terms of Use to a third party regardless of the nature of the transfer, including by way of assignment, merger, absorption, spin-off, partial capital contribution, or transfer of our assets and liabilities. This transfer will take effect on the date that SMRC notifies you of such transfer. You hereby agree that the transfer of the Terms of Use to a third party will, in the future, result in a waiver of your rights against SMRC.

14. Applicable law and competent courts

These Terms of Use are subject to French law. The courts of Paris (France) have exclusive jurisdiction to hear any dispute arising from the use of the Website or the interpretation, performance or termination of these Terms of Use.

15. Divisibility clause

If any of the clauses of these Terms of Use, including this clause, are declared to be void or unenforceable, in whole or in part, by a court of competent jurisdiction, the remaining clauses or parts of the remaining provisions shall not be affected and remain valid and enforceable (unless the clause now annulled has been found by the competent court to be an essential obligation of SMRC). In lieu of the unenforceable or null clauses, the legal provisions will apply.

LEGAL NOTICE

1. Publisher

The website www.smrc-automotive.com is published and operated by the French company “SMRC AUTOMOTIVE MODULES FRANCE SAS”, with a shared capital of 6,662,276.58 euros, registered at the Arras Trade and Companies Register, under the number 410 314 876, whose office is located at rue Léon Duhamel, 62440 Harnes, France.

• Publication director: Eric Auzépy
• Phone number: 01.79.41.72.00
• Email address: corpcomm@smrc-automotive.com

2. Hosting provider

 The website is hosted by Amazon Web Services (AWS).

• URL Address: https://aws.amazon.com/