General conditions applying to use of the site

LEGAL INFORMATION

Identification

The site is published by Ismaïl Benaissi, whose firm’s offices are at 6 avenue Mac Mahon, 75017 Paris.

Acceptance of the general conditions of use

Anyone accessing the site must read these general conditions of use before consulting the information presented on the site, so anyone consulting site pages after reading this page is deemed to have acknowledged these conditions.

Purpose of the site

The site is intended to provide information on Ismaïl Benaissi’s activities in the legal and tax fields. The work of French advocates is strictly regulated and supervised by the French Bar Council. This site is not intended to supply, in any way whatsoever, personalised legal or tax advice or to provide opinions on individual cases in these fields. Anyone seeking such information must seek advice from an advocate familiar with the general issues submitted by the client. Advocates are not permitted to offer legal opinions on individual cases on line under the ethical rules applicable to their profession, so users acknowledge that they have been fully informed that the contents of this site are not intended in any way whatsoever to :

provide legal or tax advice;

offer an opinion on the chances of success of any action;

resolve any dispute;

replace the opinions, advice or recommendations of any member of the legal profession.

None of the information contained on the site constitutes in any way an offer to enter into a contractual arrangement, to buy or to sell. All the contents are provided solely for information and Ismaïl Benaïssi does not give any guarantee that they are accurate, up-to-date or exhaustive. He may not be held liable in the event of alleged or proven prejudice resulting directly or indirectly from consultation or use of the site contents.

General advice and opinions provided by experts

General opinions provided by experts and of potential interest to users may be reproduced on the site. Information contained on the site and referred to as constituting expert opinions or accessible via hypertext links must be regarded solely as the expression of the opinions of the experts from whom they originate. Ismaïl Benaissi does not endorse or approve such opinions or guarantee the accuracy thereof under any circumstances. Should such information prove to be inaccurate or incomplete or prejudice user or third party rights in any way whatsoever, Ismaïl Benaissi may not be held liable on any basis whatsoever.

Liability

Ismaïl Benaissi may not be held liable for direct or indirect prejudice of any nature whatsoever resulting from accessing or using the site or the contents thereof. He disclaims all liability in respect of the appropriateness of decisions made by users solely on the basis of the information published on the site and the procedures used to implement such decisions. He also disclaims all liability in the event of prejudice suffered by users notably as a result of files being lost, damaged or altered or viruses being transmitted and infecting their computer equipment or any other property in the course of connecting to the site and/or consulting and/or using it.

Guarantees

All users guarantee Ismaïl Benaissi and all those involved in designing, producing and distributing the site for any claims, liability, expenses and costs resulting from a breach of these general conditions of use or relating to use of the site.

All information and data transmitted by users are provided on their sole responsibility and they undertake to guarantee and indemnify Ismaïl Benaïssi for any resulting direct or indirect prejudice. In particular, users undertake to refrain from using any message boards to make unlawful remarks or remarks that bear no relation to the purpose of the service offered by the site.

Ismaïl Benaissi makes every effort to offer up-to-date information on his site but all the information provided has been selected on a given date so the site contents reflect opinions at the time when they are put on line rather than when the site is consulted and may require amendment or updating, which may have been impossible on the date of consultation for technical or other reasons. Ismaïl Benaïssi may not be held liable for any error or omission. All updates, new services and new characteristics improving or augmenting one or more existing services will be subject to the present conditions.

Site access

Ismaïl Benaissi reserves the right to cancel, modify, suspend, restrict or interrupt access to the site in whole or in part, including the contents, functions and availability times, without prior notice.

Hypertext links

The site may offer links (surface or deep) to other sites, which are independent from the site unless otherwise stated. Such links do not constitute approval or a partnership between Ismaïl Benaissi and these sites under any circumstances. Accordingly, Ismaïl Benaissi may not be held liable for their contents, products, advertisements or any elements or services presented by these sites.

All hypertext links of any nature whatsoever providing access to the site or any of the pages or elements thereof require Ismaïl Benaïssi’s prior permission in writing.

Pages from the site must not be interwoven with another site’s pages under any circumstances. All steps must be taken to indicate clearly to users that they are on the site and to enable them to browse freely. In any event, Ismaïl Benaissi is not liable in any way for links made to his site.

Intangible property

This site has been designed and produced by Référencement Page 1.

The site, notably all visuals, whether registered as trade marks or on any other basis and whether accompanied by the symbols TM, ® or © or not, and the presentation and contents of all articles, press reviews and, more generally, any information presented on the site, is the exclusive property of Ismaïl Benaissi or the third parties with whom he has concluded agreements for the dissemination thereof. Users do not have the right to reproduce, disseminate or, more generally, use them via any means whatsoever without Ismaïl Benaissi’s explicit, prior consent in writing. Any use of data or information originating from the www.benaissi.com site must specify Ismaïl Benaïssi as the information source and his formal permission in writing must be obtained in advance. Ismaïl Benaissi’s name and logo constitute a protected registered trade mark. Anyone wishing to use his name and/or logo must obtain his prior permission in advance, otherwise the user runs the risk of criminal prosecution.

Modifications to the general conditions of use

Like many firms, Ismaïl Benaissi endeavours to improve his site regularly and to personalise the site for visitors to make it as effective as possible, so he reserves the right to modify and update the present general conditions of use at any time and without prior notice. Users are therefore advised to refer regularly to the latest version of these conditions.

CONFIDENTIALITY CHARTER

The purpose of this charter is to inform users of the website of the type of data that Ismaïl Benaissi may collect during their visits and how such data will be used.

Ismaïl Benaissi undertakes to respect the confidentiality of data collected during visits to his website. He has given the host of his site responsibility for collecting data on users of his site. The host has signed a specific agreement with him on the confidentiality of the data that it collects and it is obliged to observe all the principles set out in the present confidentiality charter and to use the data that it collects solely for the purposes defined by Ismaïl Benaissi.

Data are either collected automatically during website visits or supplied voluntarily by site users completing forms.

Automatically collected data

During visits to his website, Ismaïl Benaissi collects the following data automatically:

the Internet address (URLs) of any website from which the user accesses the site via a hypertext link;

the date, time and duration of the visit to the site and the pages consulted by the user;

the site user’s Internet access domain and server (host);

the user’s Internet protocol (IP) address;

the user’s computer operating system and browser.

The data listed above are not stored by Ismaïl Benaissi and are not kept beyond the period of the user’s connection.

You are also informed that cookies may be recorded in your computer memory. Cookies are data sent by websites to users’ browsers and stored on their systems. They cannot identify users and solely record data on visits using their computers to the website concerned (pages consulted, dates and times of visits, URL of the site that the user has just visited, browser used, IP address, etc), which can be read during subsequent user visits and compiled and analysed as general information to improve the site presentation and contents.

Further information about cookies is available at Microsoft’s site at the following address: http://www.microsoft.com/info/cookies.aspx.

Any cookies stored in users’ computer memory by Ismaïl Benaïssi are kept for one year.

You can prevent cookies being recorded on your computer by configuring your browser as follows:

If you use Internet Explorer (Microsoft): in the “Tools” menu, click on “Internet options”, then “Security” and then “Custom level”. You can choose to deactivate session cookies and cookies stored on your computer.

If you use Navigator (Netscape): click on “Options”, then “Network preferences” and then “Protocols”. The first of the warnings that can be activated is “Warn me before accepting a cookie”. You will then be warned of incoming cookies so you can prevent them from being recorded.

However, if you deactivate cookies, certain functions or pages of the www.benaissi.com site may not be accessible.

Data provided voluntarily by users

In order to use certain functions of the site, you must complete a form by supplying personal information such as your contact details or e-mail address. Each form specifically states whether each item of data requested is mandatory or optional and the consequences of refusing to supply the data concerned. Ismaïl Benaissi uses personal data solely for the purposes stated on each form. Users’ explicit permission is always requested if Ismaïl Benaïssi proposes to provide or transfer personal data collected via a form to a third party.

Data supplied by users to Ismaïl Benaissi are not commercialised in any way under any circumstances. Such data are not transmitted on any basis or for any reason whatsoever to third parties other than the site host solely for the purposes of the hosting service.

Users are informed that the personal data that they supply to Ismaïl Benaissi are not in any way correlated with data collected automatically when they visit his site.

In accordance with the 1978 French Data Protection Act, users explicitly and specifically authorise Ismaïl Benaïssi to process their personal data in any way. Users also have the right to access, amend, correct and delete such data
and can exercise each of these rights at any time via the following procedures:

by post, by writing to Ismaïl Benaissi at the following address: 6 avenue Mac Mahon, 75017 Paris;

by e-mail, by writing to Ismaïl Benaissi at the following address: i.benaissi@neuf.fr.