The Site allows each User access to certain online services, subject to compliance with these Terms and Conditions of Use (hereinafter the "T&Cs").
When creating an account and subsequently visiting the Site, the Site user (hereinafter the "User") undertakes to comply with these T&Cs, which are applicable to all Services available on the Site.
Consequently, the User unconditionally accepts these T&Cs in their entirety before any use of the Site by clicking the opt- in for acceptation of these T&Cs.
BNP PARIBAS reserves the right to modify these T&Cs at any time without prior notice. The User is therefore advised to regularly refer to the latest version of the T&Cs available on the Site.
1. PURPOSE OF THE T&Cs
The purpose of these T&Cs is to determine the terms and conditions of use of the Site, as well as the User's rights and obligations.
2. PRESENTATION OF THE SITE AND ITS ACCESS
The purpose of the Site is to create digital interactions between startups (“Startups”) and business lines within BNP PARIBAS regarding:
- 1) PROJECTS: The Site allows BNP PARIBAS employees (“BNPP Employees“) to post project proposals, with dynamic matching that notifies Startups and BNPP Employees when a match occurs between BNP PARIBAS projects and Startups‘ IDEAS as defined hereafter;
- 2) IDEAS: The Site allows Startups to propose an idea and those business lines that could be interested to be automatically notified and therefore contact the relevant Startups;
- 3) EXCHANGES: A Site functionality allows BNPP Employees and Startups to exchange their knowledge on various topics;
- 4) CONNECT: A search functionality is available to both BNPP Employees and Startups to search the Startup database and get connected;
- 5) ECOSYSTEM: Information feed that promotes BNP PARIBAS local entity ecosystem initiatives to Startups (Startup houses, accelerators, partnerships, etc).
IT IS EXPRESSLY ACKNOWLEDGED AND AGREED BY ALL THE USERS THAT:
i) THE PURPOSE OF THE SITE IS LIMITED TO THE FACILITATION OF DIGITAL APPROACHES AND/OR CONNECTIONS BETWEEN THE START-UPS AND BNPP EMPLOYEES AND
ii) THAT THE USE OF THE SITE BY A USER CAN BE TERMINATED AT ANY TIME BY BNP PARIBAS AT ITS SOLE DISCRETION.
ALTHOUGH IT IS ANTICIPATED THAT SOME OF THESE APPROACHES AND/OR CONNECTIONS COULD LEAD TO A NUMBER OF PROJECT OR SERVICE DEVELOPMENTS AND AGREEMENTS, THE USE OF THE SITE BY USERS DO NOT IN ITSELF CREATE ANY CONTRACTUAL OBLIGATIONS OR ANY CONTRACTUAL RIGHTS ARISING OUT OF SUCH APPROACHES AND/OR CONNECTIONS BETWEEN USERS AND BNP PARIBAS REGARDING THE SAID PROJECT OR SERVICE DEVELOPMENTS AND, FOLLOWING THE SAID APPROACHES AND/OR CONNECTIONS, ANY FURTHER DEVELOPMENTS OR AGREEMENTS BETWEEN USERS AND BNP PARIBAS SHOULD BE SEPARATELY NEGOTIATED AND REMAIN ENTIRELY SUBJECT TO CONTRACT.
Access to the Site is free of charge. The cost of accessing and using the telecommunications network are payable by the User, according to the conditions agreed with its internet service providers and telecommunications operators.
The User of the Site acknowledges that he/she is knowledgeable and has the resources required to access and use this Site.
Users are reminded that the act of fraudulently accessing or remaining in an information system, preventing or distorting the functioning of such a system, inserting or fraudulently modifying data in an information system constitute crimes subject to criminal penalties.
Some legislations prohibit dissemination and access to this Site or use of data collection procedures. Please check that you are legally authorised to visit this Site in the country (State) from which the connection is made.
The Site is accessible only to Users representing a Startup and to those of employees of BNP PARIBAS, who become users of the Site by identifying themselves and providing information to register.
The Site is for professional use and all Site Users must comply with the Site's Terms and Conditions of Use, including, for BNP PARIBAS’ Employees, the “Règlement Intérieur” and BNP PARIBAS SA's internal policies.
3. INTELLECTUAL PROPERTY
The Site is protected by copyright, trademark rights and, more generally, by legislation relating to intellectual property.
Any complete or partial reproduction or representation of pages, data or any element of the Site, in any format and by any means, is prohibited without explicit and prior authorisation from BNP PARIBAS SA.
Trademarks belonging to BNP PARIBAS and appearing on the Site are trademarks registered in France and internationally for various uses by BNP PARIBAS SA.
Any total or partial reproduction or representation of these trademarks carried out from the Site without explicit and prior authorisation from BNP PARIBAS SA is prohibited, in accordance with the provisions of article L.713-2 of the French Intellectual Property Code.
Similarly, any use of the Site's contents for unlawful purposes may be subject to prosecution.
By way of exception, some content (text and images) is the property of its respective authors and is under their responsibility.
BNP PARIBAS uses this content with the authorisation of the rights holders of the works concerned. Any total or partial reproduction, representation, broadcast or rebroadcast of this content taken from the Site is explicitly prohibited.
4. USER'S OBLIGATIONS
4.1 The User undertakes not to:
(a) use the Site or allow it to be used in a wrongful or unlawful way, for unlawful, fraudulent or malicious purposes and particularly, without this list being exhaustive: (i) by hacking the Site or inserting malicious code, including viruses, or harmful data into the Site or any operating system; (ii) by using a spider or any other system, mechanism or program (whether automated or not) to extract data or information from the Site or the servers of BNP PARIBAS; (iii) by sending or storing documents containing viruses, worms, Trojan horses or other codes, files, scripts, agents or harmful computer programs; (iv) by interfering with or harming the integrity or performance of the Site and the data it contains; (v) by attempting to obtain unauthorised access to the Site, its systems or associated networks; (vi) by attempting to gain unauthorised access to other Users' personal information or accounts;
[(b) post, send or store unlawful content, particularly, without this list being exhaustive, content infringing the intellectual property rights or privacy rights of third parties, content that is obscene, racist or incites hatred or violence; defamatory or any other content contrary to morality or public order; BNP PARIBAS does not have any general obligation to verify User content and does not verify such content. Nevertheless, if notified of any User content which is manifestly unlawful or infringes these T&Cs, BNP PARIBAS reserves the right to remove it at any time and with immediate effect.
(c) use the Site under conditions other than those stipulated in these T&Cs (particularly article 3 above) or under conditions prejudicial to the intellectual property rights or reputation of BNP PARIBAS;
(d) use the Site in a way which could harm, deactivate, overload, disrupt or compromise the Site's functioning or security.
5. USER'S LIABILITY
5.1 The User accepts full liability for his/her use of the Site any all consequences of that use.
5.2 The User is exclusively liable for any activities carried out via the Site using his/her equipment (smartphone, tablet, PC, etc.) or via his/her User account by any user of his/her equipment or of his/her account by users, whether or not they are authorised.
5.3 The User is responsible for ensuring that he/she holds all licences or authorisations required to post content (images, photos, text, etc.) on the Site.
5.4 The User guarantees BNP PARIBAS (including its administrators, directors, employees and affiliate companies) against any claim or action brought against it by any third party resulting from or linked to (i) his/her use of the Site or use of the Site by a third party using his/her equipment or via its User account (ii) the content posted on the Site by a User or by a third party using his/her equipment or his/her User account, or (iii) any other violation of his/her guarantees and obligations herein, before any jurisdiction or authority in France or abroad. The User shall bear all costs and damages incurred by BNP PARIBAS as a result of any such claim or action brought against it (including legal fees), without prejudice to any compensation which BNP PARIBAS could claim separately.
The User undertakes not to attempt or propose to settle a claim or action concerning the Site without prior written authorisation from BNP PARIBAS.
5.5 The User hereby grants the right to BNP PARIBAS S.A. and any companies of the BNP PARIBAS Group and their respective representatives, successors and assigns or subcontractors to use, reproduce and display his image, his voice and, if necessary, his name, first name, pseudonym or user name, free of charge, throughout the world and for a period of 10 years, for any commercial or non-commercial, advertising or promotional purposes, for internal or external purposes, on any media now known or hereafter developed, including, but not limited to: hard-copy, analog, digital and electronic media, including any presentations and promotional and/or commercial documents of BNP PARIBAS such as promotional brochures, photo galleries, web sites, social media and the Intranet of BNP PARIBAS.
BNP Paribas may modify, correct or improve his Image by any technical means whatsoever if required for the aforementioned use. He agrees that the photography or film he appears in is the sole and exclusive property of BNP PARIBAS and that he does not hold any use or distribution rights on said photography or film.
In compliance with the French Data Protection Act No 78-17 of 6 January 1978 (as amended) on information technology, data files and civil liberties, he has right to access, rectify and remove his personal information.
He acknowledges that he can exercise such rights: by e-mail to the following address email@example.com.
6. BNP PARIBAS'S LIABILITY
BNP PARIBAS SA undertakes to do its utmost to ensure the accuracy and completeness of the information disseminated by BNP PARIBAS (i.e. excluding Users contents) on this Site and reserves the right to amend the content or presentation of the Site at any time, without notice.
However BNP PARIBAS SA cannot guarantee the completeness or absence of alteration by a third party (hacking, viruses, etc.). THE INFORMATION PROVIDED BY BNP PARIBAS IS PROVIDED "AS IS", WITHOUT ANY GUARANTEE OF ITS COMPLETENESS, ACCURACY, RELIABILITY, RELEVANCE OR SUITABILITY FOR A SPECIFIC USE.
SIMILARLY, BNP PARIBAS DOES NOT GUARANTEE THAT THE SITE'S FUNCTIONING IS UNINTERRUPTED OR FREE OF BUGS OR VIRUSES. THE USER REPRESENTS IN THIS RESPECT THAT HE/SHE ACCEPTS THE CHARACTERISTICS AND LIMITS OF THE INTERNET, AND IN PARTICULAR ACKNOWLEDGES THAT: (I) HIS/HER USE OF THE SITE IS AT HIS/HER EXCLUSIVE RISK AND PERIL; THE SITE IS ACCESSIBLE "AS IS" AND SUBJECT TO AVAILABILITY AND (II) HE/SHE IS RESPONSIBLE FOR PROTECTING HIS/HER OWN CONTENT AND TAKING ALL APPROPRIATE MEASURES TO PROTECT IT FROM ANY VIRUSES.
BNP PARIBAS, ITS AFFILIATE COMPANIES OR REPRESENTATIVES MAY NOT BE HELD LIABLE IN RESPECT OF USERS FOR ANY FAULT WITH LINES OR SYSTEMS REQUIRED FOR ITS USE. BNP PARIBAS SA PARTICULARLY DECLINES ANY LIABILITY RESULTING FROM THE TRANSMISSION OF CONFIDENTIAL INFORMATION OVER THE INTERNET
FURTHERMORE, BNP PARIBAS, ITS AFFILIATE COMPANIES OR REPRESENTATIVES MAY NOT BE HELD LIABLE IN RESPECT OF USERS FOR ANY DIRECT OR INDIRECT DAMAGE RESULTING FROM USE OF OR ACCESS TO THE SITE AND ITS CONTENT, WHETHER OR NOT THE USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN PARTICULAR, BNP PARIBAS SA MAY NOT BE HELD LIABLE FOR ANY DECISION TAKEN BASED ON INFORMATION CONTAINED ON THE SITE, NOR ANY USE WHICH MAY BE MADE OF IT BY THIRD PARTIES.
THESE T&CS SET OUT ALL BNP PARIBAS'S OBLIGATIONS AND RESPONSIBILITIES. BNP PARIBAS IS NOT BOUND BY ANY OTHER EXPLICIT, IMPLICIT OR LEGAL GUARANTEE IN RESPECT OF THE USER.
BNP PARIBAS shall do its best efforts to maintain a reasonable level of functioning and availability of the Site. BNP PARIBAS reserves the right at any time, without notice, to limit access to the Site and its use by the User in order to carry out maintenance operations or make changes. BNP PARIBAS's liability shall not be incurred in the event of interruption to access due to such maintenance or updating operations.
The creation of hyperlinks to the website www.bnpparibas.com is subject to prior agreement from the Publishing Director.
Hyperlinks created to other sites from the Site may not under any circumstances incur BNP PARIBAS's liability.
By clicking hyperlinks to other websites from www.bnpparibas.com, the Site User leaves this Site. BNP PARIBAS SA declines any liability in relation to the contents or any damage caused while visiting websites linked to by this Site via hyperlinks. BNP PARIBAS has no control over the content of such websites.
The Site User visits other websites under his/her own liability and risk. It is his/her responsibility to familiarise himself/herself with the legal notices and conditions of use of such third-party sites.
9. PDF FILES
To read a PDF file, you need to download the latest version of Acrobat Reader software. N.B. This download can only take place on a site other than www.openup.bnpparibas.com. At the time of downloading, you will be asked to complete a questionnaire containing personal data. If you do not wish to enter your name and address, go straight to Step 2 to download the software free of charge.
The Site User is informed that during his/her visits to the Site, a cookie may be installed automatically and temporarily stored in his/her device's memory or on the hard disk.
For more information please refer to the BNP PARIBAS cookies policy.
11. PERSONAL DATA
By using or In order to use the Site, the User agrees and accepts to provide BNP PARIBAS with personal data about himself/herself (the "Personal Data"). Users' Personal Data collected via the Site form is mainly processed and stored by BNP PARIBAS, which is responsible for its processing for the following purposes: user account management, emails management to connect one user with other one, site administration.
BNP PARIBAS shall do its utmost to ensure the confidentiality of the Personal Data posted or collected via the Site, by using security systems and permissions to access the portal or the portal's protected areas and documents, to satisfy its legal obligations.
This Personal Data may be transmitted or accessed by:
- service providers and subcontractors carrying out certain technical or material tasks required to perform the processing described in these T&Cs, on behalf of BNP PARIBAS, inside or outside the European Union;
- companies in the BNP PARIBAS group for the purposes of information exchanges and Site administration (a list of BNP PARIBAS Group companies is available on written request to BNP PARIBAS email contact: firstname.lastname@example.org );
In the framework of a range of transactions, the transferred Personal Data may be transferred to countries inside or outside the European Union. In the event of transfer to a country outside the European Union, rules have been adopted to ensure the protection and security of this Data. Details of these rules and information regarding transfers are available from BNP PARIBAS on request to email@example.com .
Users may exercise their right to access, modify, rectify and delete their Personal Data under the conditions stipulated in French Data Protection law no. 78- 17 dated 6 January 1978, by sending their request accompanied by a copy of an identity document to the address BNP PARIBAS, Direction de la Communication
APAC TDC Val de Marne - TSA 30233
94729 FONTENAY SOUS BOIS Cedex
Data published by Users on the online form and their public profile will be partially visible to other Users to allow the connecting of people and to provide each member with relevant documents.
Users may update their profile information at any time by editing the information in their profile or by using their personal configuration tool.
Users may close their User account at any time by requiring BNP PARIBAS to delete their account, their profile and any messages in the inbox linked to their profile. These will be removed from the Site and deleted from the BNP PARIBAS servers within 5 (five) working days from Users’ request. Deletion of the account information is effective only after such period of time , however, and residual copies of information from their profile may remain on back-up servers, in accordance with the BNP PARIBAS data retention policy.
If a User deletes his/her User account, the registration information and any User Content will also be completely deleted. Contributions from Site Users may nevertheless remain on the Site.
12. APPLICABLE LAW
The Site content is subject to applicable law in France.
All Users of the Site acknowledge the jurisdiction of French courts to hear any dispute relating to the content and use of the Site, both at first instance and on appeal.
In the event of a problem or incident, each Site User may write to the following email address: firstname.lastname@example.org
13. GENERAL PROVISIONS
13.1 Policy for notifying abuses. BNP PARIBAS does not monitor content posted by Users. If the User has a complaint regarding any content, he/she should contact email@example.com. BNP PARIBAS reserves the right to remove such content without notice.
13.2 Non-waiver. In the event that BNP PARIBAS does not enforce complete performance of any stipulation herein, that shall not in any way affect BNP PARIBAS's right to subsequently enforce performance of that right.
13.3 Partial invalidity. If any stipulation of these T&Cs is invalidated by a rule of law in force or a decision by the court that has become final, it shall be then deemed not to have been written, without in as much entailing the nullity of the T&Cs or affecting the validity of their other provisions.
13.4 Contact. In the event of a problem or incident, each Site User may write to the following email address: firstname.lastname@example.org