Terms of Use

Website Terms of Use
These Terms of Use (the “Terms”), together with any and all other documents referred to herein, set out the terms of use under which you may use the websites, https://www.ternoa.com, and https://www.ps2.ternoa.com (the “Ternoa Websites”). Please read these Terms carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the Ternoa Websites. If you do not agree to be bound by these Terms, you must stop using the Ternoa Websites immediately.
Information About Us
The Ternoa Websites are owned and operated by Capsule Corp, a simplified joint stock company (Société par actions simplifiée - SAS) under French law registered with the Bayonne Trade and Companies Register under the number 882 163 413, with its registered address located at Centre International d'Affaires 24 Boulevard Marcel Dassault 64200 Biarritz.
Access to Ternoa Websites
Access to Ternoa Websites is free of charge. It is your responsibility to make any and all arrangements necessary in order to access the Websites. The access is provided on an “as is” and “as available” basis. We may alter, suspend or discontinue any and all of the Ternoa Websites (or any part of them) at any time and without notice. We will not be liable to you in any way if the Ternoa Websites (or any part of them) are unavailable at any time and for any period.
Acceptable Usage Policy
You may only use the Ternoa Websites in a manner that is lawful and that complies with the provisions of this clause. Specifically, a) you must ensure that you comply fully with any and all local, national or international laws and/or regulations, b) you must not use the Ternoa Websites in any way, or for any purpose, that is unlawful or fraudulent, c) you must not use the Ternoa Websites to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and, d) you must not use the Ternoa Websites in any way, or for any purpose, that is intended to harm any person or persons in any way.
We reserve the right to suspend or terminate your access to the Ternoa Websites if you materially breach the provisions of this clause or any of the other provisions of these Terms. Specifically, we may take one or more of the following actions:
  • suspend, either temporarily or permanently, your right to access to Ternoa Websites;
  • issue you with a written warning;
  • take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  • take further legal action against you as appropriate;
  • disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
  • any other actions which we deem reasonably appropriate and lawful.
We hereby exclude any and all liability arising out of any actions, including without limiting to those set out above, that we may take in response to breaches of these Terms.
Intellectual Property Rights
Any and all intellectual property rights ("Intellectual Property Rights") associated with the Ternoa Websites and its contents (including, but without limitation to text, graphics, user interfaces, photos, audio, video, computer code and all other forms of information or data) are the sole property of Capsule Corp, and its affiliates or are licensed for the use of the Capsule Corp. The contents are protected by Intellectual Property Rights and other laws both in France and other countries. Elements of the Ternoa Websites are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the Ternoa Websites are trademarks, service marks or trade name ("Marks") of Capsule Corp, its affiliates or other entities that have granted us the right and licence to use such Marks and may not be used or interfered with in any manner without our express written consent. Except as otherwise expressly authorised by these Terms, you are not allowed to reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner reuse the contents of the Ternoa Websites in any way without our prior written permission or that of an appropriate third party. Except as expressly provided herein, Capsule Corp does not grant to you any express or implied rights to our Intellectual Property Rights or that of any third party.
You may, however, a) access, view and use the Ternoa Websites in a web browser (including any web browsing capability built into other types of software or app), b) download the Ternoa Websites (or any part of them) for caching, c) print one copy of any page from the Ternoa Websites, d) download extracts from pages on the Ternoa Websites, and e) save pages from the Ternoa Websites for later and/or offline viewing.
You shall ensure that our status as the owner and author of the contents on the Ternoa Websites, or that of identified licensors, as appropriate, must always be acknowledged.
You are not entitled to reuse any of the contents printed, saved or downloaded from the Ternoa Websites for any commercial purposes without first obtaining a licence from us, or our licensors, as appropriate. This does not prohibit the normal access, viewing and use of the Ternoa Websites whether by business users or consumers.
Links to Other Sites
Links to other sites may be included on the Ternoa Websites. Unless expressly stated, these sites are not owned or controlled by us. We neither assume nor accept responsibility or liability for the content of these third party websites. The inclusion of a link to another website on the Ternoa Websites is for information only and does not imply any endorsement of the websites themselves or of those in control of them.
Liability and Disclaimers
Nothing on the Ternoa Websites constitutes advice on which you should rely. It is provided for information purposes only. Professional or specialist advice should always be sought before taking any action on the basis of any information provided on the Ternoa Websites.
Insofar as is permitted by law, we make no representation, warranty, or guarantee that the Ternoa Websites will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
We make reasonable efforts to ensure that the content on the Ternoa Websites is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees, whether express or implied, that the content is complete, accurate, or up-to-date.
To the fullest extent permissible by law, we accept no liability to you for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Ternoa Websites or the use of or reliance upon any content included on the Ternoa Websites.
If you are a business user, we hereby exclude all implied conditions, warranties, representations or other terms that may apply to the Ternoa Websites or the contents thereof. We will not be liable for any loss of profits, sales, business or revenue, loss of business opportunity, goodwill or reputation, loss of anticipated savings, business interruption, or for any indirect or consequential loss or damage.
We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Ternoa Websites resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
Indemnification
You agree to indemnify and hold Capsule Corp and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Ternoa Websites, (ii) your violation of these Terms, or (iii) your violation of applicable laws or regulations.
We retain the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Viruses, Malware and Security
We exercise all reasonable skill and care to ensure that the Ternoa Websites are secure and free from viruses and other malware. However, you are also responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Ternoa Websites.
You must not attempt to gain unauthorised access to any part of the Ternoa Websites, the server on which the Ternoa Websites are stored, or any other server, computer, or database connected to the Ternoa Websites.
You must not attack the Ternoa Websites by means of a denial of service attack (“DoS”), a distributed denial of service attack (“DDoS”), or by any other means.
By breaching the provisions mentioned in this clause, you may be committing a criminal offence under the relevant laws. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use the Ternoa Websites will cease immediately in the event of such a breach.
Data Protection
Your access and use of the Ternoa Websites is also conditioned on your acceptance of our Privacy Policy. Our Privacy Policy sets out data protection practices and principles we apply at Capsule Corp. Please read our Privacy Policy carefully before using the Ternoa Websites.
All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the French Law No 78-17 of 6 January 1978.
For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing where applicable, please refer to our Privacy Policy.
Law and Jurisdiction
These Terms, and the relationship between you and us, whether contractual or otherwise, shall be governed by, and construed in accordance with, French law, without regard to its conflict of law provisions.
In the event of any controversy, dispute or claim (collectively “dispute”) between Capsule Corp and you arising out of or in connection with your use of the Ternoa Websites, the parties shall attempt, in good faith, to resolve any such dispute among themselves in an amicable fashion. If the parties are not able to resolve any such dispute within 30 days, then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation within a month of the submission to mediation, then the parties shall be free to initiate legal proceedings and pursue any right or remedy available to them in which case the competent courts of Bayonne, France will have the jurisdiction to hear the cases.
Severance
The provisions of these Terms are independent and severable from each other. If at any time any provision of the Terms is or becomes illegal or unenforceable in any respect under the law of any jurisdiction, this does not affect or impair: a) the legality, validity, or enforceability in that jurisdiction of any other provision of these Terms; nor b) the legality, validity, or enforceability under the law of any other jurisdiction of that or any other provision of the Terms.
Changes to these Terms
We may alter these Terms at any time. If we do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of the Ternoa Websites after the changes have been implemented. You are therefore advised to check this page from time to time.
In the event of any conflict between the current version of these Terms and any previous versions, the provisions current and in effect shall prevail unless it is expressly stated otherwise.
Contacting Us
If you have any questions we would be happy to answer them. Do not hesitate to contact us for any inquiries you might have via this link.
Last modified 2mo ago