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Legal notice

Definitions

Customer: any professional, natural person with legal capacity within the meaning of Articles 1123 et seq. of the French Civil Code, or legal entity visiting the Website covered by these terms.

Services: the services made available to Customers by Opalys LLC.

Content: all elements comprising the information on the Website, including text, images and videos.

Customer information: hereinafter “Information”, meaning all personal data that Kavieli may hold to manage your account and customer relationships, and for analysis and statistical purposes.

Kavieli is the trading name of Opalys LLC.

User: an internet user accessing or using the above-mentioned Website.

Personal information: information that, in any form, directly or indirectly identifies the natural persons to whom it relates (Article 4 of French Law No. 78-17 of 6 January 1978).

The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meanings defined in the General Data Protection Regulation (GDPR, No. 2016/679).

1. Website information

Under Article 6 of French Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of kavieli.com are informed of the identities of the parties involved in creating and maintaining the Website:

Website publisher: kavieli.com is published by Opalys LLC.
Legal form: LLC.
Address: 30 N Gould St STE N, Sheridan, Wyoming 82801.

Publication manager: Opalys LLC — info@kavieli.com — +33 7 80 94 41 96.

Hosting provider: Shopify International Limited (an Irish company and Shopify’s main establishment for GDPR purposes) and its parent company Shopify Inc., 151 O'Connor Street, Ground Floor, Ottawa, Ontario K2P 2L8, Canada — telephone: +1 888-746-7439.

2. Terms of use of the Website and its services

The Website is a creative work protected by the French Intellectual Property Code and applicable international regulations. The Customer may not reuse, transfer or exploit for their own purposes any part of the Website’s elements or works.

Using kavieli.com constitutes full acceptance of the terms of use set out below. These terms may be amended or supplemented at any time, and users are therefore encouraged to consult them regularly.

The Website is normally accessible at all times. Kavieli may, however, interrupt access for technical maintenance and will endeavour to notify users in advance of the dates and times of such work. The Website is regularly updated by Opalys LLC, the publication manager. This legal notice may likewise be amended at any time; it remains binding on users, who are encouraged to consult it as often as possible.

3. Description of the services provided

The purpose of kavieli.com is to provide information about all of Kavieli’s activities. Kavieli endeavours to provide information that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies or failures to update information, whether attributable to Kavieli or to third-party partners providing that information.

All information on kavieli.com is provided for guidance and may change. It is not exhaustive and is subject to any changes made since publication.

4. Contractual limitations relating to technical data

The Website uses JavaScript. It cannot be held responsible for damage to equipment resulting from its use. Users undertake to access the Website using up-to-date, virus-free equipment and a current, updated browser.

The Website and its data may be hosted and processed on infrastructure outside the European Union, particularly in Canada and the United States. These transfers are governed by the European Commission’s adequacy decision concerning Canada and, where applicable, by the standard contractual clauses (SCCs) adopted by the European Commission, in accordance with the GDPR (No. 2016/679).

The aim is to provide the highest possible level of availability. The hosting provider maintains its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt hosting for the shortest possible periods, particularly for maintenance, infrastructure improvements or failures, or if the Services generate traffic considered abnormal.

Kavieli and the hosting provider cannot be held responsible for malfunctions of the internet, telephone lines, computer equipment or telecommunications equipment, particularly where network congestion prevents access to the server.

5. Intellectual property and infringement

Kavieli holds the rights to use all elements accessible on the Website, including text, images, graphics, logos, videos, icons and sounds. Reproduction, representation, modification, publication or adaptation of any part of these elements, by any means or process, is prohibited without Kavieli’s prior written permission.

Any unauthorised use of the Website or any of its elements will be considered an infringement and pursued under Articles L.335-2 et seq. of the French Intellectual Property Code.

6. Limitations of liability

kavieli.com acts as the Website publisher. Kavieli is responsible for the quality and accuracy of the content it publishes.

Kavieli cannot be held responsible for direct or indirect damage to users’ equipment when accessing kavieli.com resulting from equipment that does not meet the specifications in section 4, or from a bug or incompatibility.

Kavieli also cannot be held responsible for indirect losses, such as loss of business or opportunity, arising from use of kavieli.com. Interactive areas, including the contact section for questions, are available to users. Kavieli reserves the right to remove without prior notice any content posted there that breaches applicable French law, particularly data protection provisions. Where appropriate, Kavieli also reserves the right to pursue the user’s civil and/or criminal liability, particularly for racist, abusive, defamatory or pornographic messages, regardless of the medium used (text, photographs, etc.).

Personal data and cookies

The processing of your personal data and the use of cookies are described in detail in our Privacy Policy, available at any time on the Website. The data controller is Opalys LLC (Kavieli), which can be contacted at info@kavieli.com.

10. Applicable law and jurisdiction

Any dispute relating to the use of kavieli.com is governed by French law. The French courts have jurisdiction, without prejudice to the consumer’s right to bring proceedings before the courts of their place of residence.