Terms and Conditions of Use of the AquavistaTM Portal
The AquavistaTM portal, which can be accessed at the following url https://aquavista.veoliawatertechnologies.com/ (hereinafter the “AquavistaTM Portal”) is published by VEOLIA WATER SOLUTIONS & TECHNOLOGIES SUPPORT, a French company (“société par actions simplifiée”) duly registered, with the Business and Trade Register (“Registre du commerce et des sociétés”) of Créteil - France under number 433 962 586 and validly existing under the laws of France, whose head office is located at Immeuble l’Aquarène, 1 place Montgolfier, 94410 Saint-Maurice – France, phone: +33 (0)1 45 11 55 55 (hereafter “VWT” or "We", “Us”).
The publication director of AquavistaTM Portal is Mr Geoffroy Carlier.
The AquavistaTM Portal allows users who meet the prerequisites described below to connect to it so as to view and share information on the management and operations of their water treatment systems (hereafter the “Services”).
These Terms and Conditions of Use (hereafter “Terms & Conditions”) govern the relationship between VWT and any and all users of the AquavistaTM Portal as defined below (the “User(s)” or “You”).
By accessing or using the AquavistaTM Portal, You accept these Terms & Conditions without any reservation. If You do not agree to be subject to these Terms & Conditions, You are not authorized to access or use the AquavistaTM Portal. For further information, we request you to contact the VWT Group representative for your region. We recommend that You print a version of these Terms & Conditions for future reference
means in relation to a Customer the account of each User who is registered for the AquavistaTM Portal which enables access to the Services. Accounts are created by VWT based on the enrolment options made by each Customer in the VWT Business Unit Contract, and comprise (i) access to the standard version of the AquavistaTM Portal, or (ii) access to the premium version of the AquavistaTM Portal, designated as “Aquavista Premium”, which includes certain additional features.
1.2. VWT Business Unit:
means the legal entity of the VWT Group which a certain Customer has entered into (at least) one VWT Business Unit Contract with.
1.3. VWT Business Unit Contract:
means the contract of whatever nature for the provision of services and/or sale of equipment from VWT Business Unit to Customer which grants the latter with the right to access the AquavistaTM Portal. Use of the AquavistaTM Portal is exclusively reserved to Customers whose VWT Business Unit Contract is still in force.
means any legal entity that has entered into a VWT Business Unit Contract and that is entitled to access the AquavistaTM Portal via its Account.
1.5. Log-In Credentials:
means the e-mail address and the password entered by each User upon accessing the AquavistaTM Portal.
means any Customer, enrolled on the AquavistaTM Portal, as well as any and all individuals who represent it and have Log-In Credentials to access the Account as user(s) of the AquavistaTM Portal.
1.7. User Content:
means any and all content published by a User via the AquavistaTM Portal, including, but without restriction, any and all comments published by Users within the room dedicated to that purpose.
1.8. VWT Content:
means all of the content that can be accessed via the AquavistaTM Portal such as, but without restriction, texts, graphics, logos, images, videos, trademarks, names, designs, software and databases not originating from Users.
1.9. VWT Group:
means the group of companies which is, directly or indirectly, under the control of the company Veolia Water Technologies, a French company (société par actions simplifiée unipersonnelle) duly registered with the Business and Trade Register (registre du commerce et des sociétés) of Créteil under number 414 986 216 and with registered head-office at L’Aquarène – 1, place Montgolfier – 94417 Saint-Maurice Cedex – France, and “control” means for the herein purposes the ability to, directly or indirectly, direct the affairs of another by means of ownership, contract or otherwise.
means any legal entity, partnership, joint venture, equity company or other type of company, including in particular any and all subsidiaries which, directly or indirectly, controls a party and/or is under the control of a party and/or is under the control of the ultimate parent company of one party, and “control” shall mean the ability, directly or indirectly, to direct the affairs of another by means of ownership, contract or otherwise).
2. Access to the AquavistaTM Portal
2.1. Account activation
2.1.1. To enable use of the AquavistaTM Portal, based on your enrolment, You are required to activate Your Account as follows:
2.1.2. It is Your responsibility to ensure that the Log-In Credentials are assigned to persons who are authorized to access the information made available via the AquavistaTM Portal.
2.1.3. You agree, as a User, not to enrol for or activate the Account unless Customer has authorized You to do so.
2.1.4. Log-In Credentials are personal and confidential. You agree not to disclose them to third parties. You are responsible for the use made of Your Log-In Credentials and You expressly acknowledge and agree that You will be deemed responsible for any and all actions taken on the AquavistaTM Portal using Your Log-In Credentials. In case of any loss, fraudulent misappropriation or use of Your Log-In Credentials in breach, whether total or partial, or the herein Terms & Conditions You agree to immediately report it to VWT by phoning the following number +33 (0)1 45 11 55 55 and obtaining new Log-In Credentials.
2.2. Closing of Account
Unless otherwise provided for in the VWT Business Contract, Customer is free to close its Account at any time for convenience subject to the herein Terms & Conditions. In such a case, the editorial responsibility of the User Content shall be and remain with the Customer after the expiration or termination for any cause whatsoever of the VWT Business Unit Contract for an indefinite period of time. At the end of the VWT Business Unit Contract, for whatever reason, the Account will be closed within the conditions agreed between the Parties regarding reversibility, as part of the VWT Business Unit Contract.
3. Use of AquavistaTM Portal
3.1. The service that is provided by VWT through the AquavistaTM Portal is a service that is aimed at providing and sharing with each Customer information on its water treatment management system or part thereof in accordance with VWT Business Unit Contract entered by that Customer.
3.2. More specifically, the AquavistaTM Portal allows You to (i) obtain certain information and alerts about Your water treatment system equipment and/or facilities, via the uploading and processing of data obtained thanks to the sensors installed on those equipment and/or facilities, and (ii) consult information and documents in relation to the contracts in progress with the VWT Business Unit (invoices, contracts, etc.) and the related service interventions (on-site service reports, intervention reports, etc.).
3.3. The AquavistaTM Portal also allows You to manage, via an agenda, the service interventions planned on your water treatment system and to interact with the relevant VWT Business Unit to schedule such interventions. You may also publish, using the text boxes reserved for that purpose, comments for the attention of the VWT Business Unit. These comments are considered User Content.
3.4. Certain features of the AquavistaTM Portal rely on third-party software, in particular the Google Maps application, and enable locating water treatment system equipment. By using this AquavistaTM Portal feature You expressly accept Google’s Terms of Service, accessible via the following link: https://www.google.com/intl/en_US/help/terms_maps.html or any subsequent link provided by Google.
3.5. You hereby represent and warrant to Us that You will not make any misuse or unlawful use of the AquavistaTM Portal and, in particular, not use the Services in any way that is abnormal, inappropriate, fraudulent or unlawful, or that in any way infringes the rights of VWT, of its Affiliates or of third parties.
3.6. VWT reserves the right to temporarily suspend or permanently close down any Account at its convenience, without prior notice or any right to compensation, in case of any non-compliance from the User with these Terms & Conditions. In such a situation, VWT will be entitled to suspend or terminate all Accounts associated to the same Customer.
4.1. We reserve the right to modify the AquavistaTM Portal and its content at any time, so as to update or upgrade it. VWT is not, however, under any duty to continually update the AquavistaTM Portal or its content and does not warrant that the AquavistaTM Portal and its content are accurate or complete or that they will be current at all times
4.2. You acknowledge and agree that neither VWT nor any affiliate thereof shall have any liability vis a vis You or any third party based on any modification, interruption or discontinuance of the AquavistaTM Portal, including the Services offered on it.
You acknowledge and agree that We reserve to Ourselves the right to modify these Terms & Conditions in Our discretion at any time for convenience. In such case, You agree that You shall accept the revised Terms & Conditions upon connecting again to the AquavistaTM Portal.
5.1. You and We agree that information and material accessible and/or communicated via the AquavistaTM Portal is confidential information, except if this information and/or material (a) is publicly known (b) was obtained in good faith by either party from a third party which was not under an obligation of confidentiality in respect thereof, (c) was known to a party prior to entering into this Terms & Conditions and not subject to duties of confidentiality and/or (d) is required to be disclosed by law or by an administrative or judicial body or authority (hereafter the “Confidential Information”). You and We hereby agree to use such Confidential Information only on “as-needed” basis and in accordance with the VWT Business Unit Contract and not to disclose such Confidential Information to any non-authorized third party. In particular, You agree to use such Confidential Information in accordance herewith, and for the purposes of your duties as Customer and User.
5.2. You agree to use the AquavistaTM Portal and the Services offered on it by complying with any and all applicable laws and regulations and with these Terms & Conditions. Otherwise, You acknowledge and agree that You shall be solely liable for any and all damages caused, whether directly or indirectly, to Us, including Our Affiliates, that may result from or be connected to any breach of Your obligation to use the AquavistaTM Portal and the Services in compliance with any and all applicable laws and regulations and with these Terms & Conditions and You agree to indemnify and hold Us, including Our Affiliates, harmless from any and all losses, liabilities, damages, claims, and all related costs and expenses (including any and all legal fees and costs of investigation, litigation, settlement, judgment, appeal, interest and penalties) that We may incur in connection with any claim or proceeding of whatever nature arising therefrom or in connection therewith.
5.3. You agree to implement all of the resources required to access the AquavistaTM Portal (including, but not limited, to an Internet connection) and agree to ensure that all persons who access the AquavistaTM Portal under your responsibility comply with these Terms & Conditions
5.4. We agree to make reasonable efforts to provide access to the AquavistaTM Portal and to take reasonable steps to remedy any malfunction that is brought to Our knowledge. However, We do not warrant that access to the AquavistaTM Portal and/or to the Services will be uninterrupted. You acknowledge and agree that We may be required to temporarily or permanently suspend the AquavistaTM Portal without notice, in particular due to technical issues, irrespective of their cause or origin, without this entailing any liability whatsoever for VWT and Our Affiliates.
5.5. You acknowledge and agree that We, including Our Affiliates, shall not be liable to You for any inconveniences, losses or damages whatsoever inherent to use of the Internet, including any Service interruption, outside intrusion or IT virus and that VWT does not warrant uninterrupted or error-free operation of the AquavistaTM Portal or of the Services. In particular, VWT disclaims any and all liability, without this list being restrictive, for:
5.6. The AquavistaTM Portal and the data that can be accessed on it are provided by VWT “as is” without any warranty whatsoever. To the maximum extent permitted by applicable law, VWT excludes any representation or warranty regarding the foregoing and/or actions taken by User on the database.
5.7. Subject to the herein limitations, neither You nor Us shall be liable vis a vis each other for any indirect loss or damage, whether consequential or not, that it may cause to the other under these Terms & Conditions
6. Intellectual Property
6.1. VWT Content
6.1.1. You acknowledge and agree that the AquavistaTM Portal, as well as all VWT Content that can be accessed via the AquavistaTM Portal (including, but without restriction, the architecture, maps, graphics, photographs, illustrations, software, etc.) are protected by intellectual property rights or by any other rights recognized by law and are the property of VWT or have been licensed or sublicensed to it.
6.1.2. You are also informed that “Aquavista” and “Aquavista Premium” are registered trademarks of VWT and/or Affiliates thereof and form part of the "VWT Content".
6.1.3. Subject to the provisions of Your VWT Business Contract and to Your acceptance of and compliance with these Terms & Conditions, We hereby grant You, for the period of validity of Your Account as per VWT Business Contract, a worldwide, personal, non-exclusive and non-transferrable license to access and use the AquavistaTM Portal and the VWT Content strictly for the purposes and under the conditions set forth herein.
6.1.4. The use, downloading or reproduction of all or part of the VWT Content is only authorized for its own normal business purposes, and any reproduction or display for any other purposes requires VWT’s prior written consent.
6.1.5. Except as indicated above, You are strictly prohibited from:
6.1.6. You agree that if You fail to comply with any of the herein provisions, the license granted to You hereinabove shall be automatically and immediately terminated without notice and You shall, in Our discretion, either destroy or return to VWT all copies of the VWT Content You may have made.
6.2. User Content
6.2.1. The Customer and User acknowledge and agree that they will assume full editorial responsibility for the User Content published by the User on the AquavistaTM Portal. VWT is acting solely as an intermediary in the posting of User Content on the AquavistaTM Portal and may under no circumstances (i) be considered the editor of such User Content, or (ii) incur any liability towards Users or any third party for such User Content, including for completeness or accuracy thereof.
6.2.2. You agree not to publish any User Content which contains information that is (i) not compliant with applicable laws and regulations, (ii) false, deceptive or misleading and/or (iii) likely to adversely affect Our rights or interests, including those of Our Affiliates, or of the rights or interests of any third party, including, in particular, any content that is or is threatened to be of a nature that infringes any third-party intellectual property rights.
6.2.3. VWT reserves the right to remove, without notice or any right to compensation whatsoever, any User Content that does not comply with the provisions of these Terms & Conditions. In this respect, it is specified that any User may report to VWT any User Content that seems inappropriate by writing to the following address: firstname.lastname@example.org
6.2.4. You agree to hereby grant VWT a worldwide, royalty-free, non-exclusive license over your User Content permitting VWT to use, reproduce, display, modify, translate and disclose such User Content, in whole or in part, on all media and using all means, to all third parties and for all purposes (commercial or otherwise), on a no-name basis for the purposes of the operation and promotion of the AquavistaTM Portal and the Services, including enrichment and improvement thereof. This licence is granted for the period of protection of the corresponding intellectual property rights.
6.2.5. You hereby agree to indemnify, defend and hold Us, including any Our Affiliates, harmless from and against all losses, liabilities, damages, claims, including all related costs and expenses (including any and all legal fees and costs of investigation, litigation, settlement, judgment, appeal, interest and penalties), that We may incur in connection with any claim arising from, in connection with or relating to User Content.
6.3. Hypertext links
6.3.1. The AquavistaTM Portal may contain hypertext links directing to websites operated by third parties. These links are provided for information purposes only. VWT does not publish and has no control over the sources, the content of such websites or their ties with other websites and disclaims any and all liability in connection with such websites as well as for any actual or alleged damages or losses arising out of or in connection with the use of the information, services or data available on those websites
6.3.2. By providing hypertext links to those websites, VWT does not approve or endorse the content of such websites, nor does any such link indicate any association between VWT and the persons responsible for those websites. Users are recommended to check the terms and conditions applicable to such third-party websites.
7. Confidentiality Policy
7.1. Processing of personal data
When You set up your Account and use the AquavistaTM Portal, VWT may collect personal data concerning You (hereafter the “Data”).
VWT processes your Data in compliance with applicable personal data protection legislation and agrees to take all reasonable measures available to it to preserve the confidentiality of such Data.
7.2. Data collected by VWT
VWT will process the Data You provide to it over the AquavistaTM Portal or in connection with your use of the AquavistaTM Portal, in particular:
In this context, VWT may collect and process the following Data:
7.3. Use of Data
As the data controller, VWT collects Data in a lawful and fair way by respecting the rights of data subjects. The main reason why such Data is collected is to offer You a secure, optimal, efficient and personalized experience on the AquavistaTM Portal.
The information collected by VWT, including the Data, are used for the following purposes:
7.4. Communication of Data
VWT agrees to keep all Data only to share such data under specific circumstances and in compliance with applicable laws and regulations.
VWT may, in particular, provide access to the Data to third-party service providers, acting as subcontractors (i.e., subsequent processors), performing services in connection with the AquavistaTM Portal and in particular hosting, storage, analytical or IT maintenance services. These service providers will only act upon instructions from VWT and will only have access to the Data for the purposes of performing such services, and will be under the same security and confidentiality obligations as VWT.
The Data may also be shared with third parties for the following reasons:
7.5. Data retention period and Data security
VWT shall retain the Data for the entire period the User’s Account is activated and for archiving purposes
The security of personal data is one of VWT’s priorities. VWT agrees to take all reasonable measures on an organizational and technical level to prevent any unauthorized disclosure, use, alteration, accidental loss or destruction of the Data.
To facilitate browsing on the AquavistaTM Portal, very small files (called “cookies”) may be placed on your device. A cookie does not allow identifying You, it records information on the browsing by your device on the AquavistaTM Portal, so as, for example, to recognize You when you come back to the AquavistaTM Portal and enable You to benefit from optimal browsing.
VWT uses the following types of cookies:
If You do not wish to accept cookies, You should change your browser settings to refuse them as follows:
This will not prevent connection to the AquavistaTM Portal but might impair or restrict some of its features.
You have a right to access and correct your Data processed by VWT, and to object to such processing.
You can also send Us specific instructions concerning the use of your Data after your death.
You can exercise these rights at any time and send us any questions You may have by writing to the following address: email@example.com
8.1. These Terms & Conditions form the entire agreement between VWT and You with respect to the use of the AquavistaTM Portal, and cancel and supersede any possible prior agreement or understanding between VWT and You having the same subject matter.
8.2. If one or more provisions of these Terms & Conditions is held or becomes invalid or unenforceable under any law or regulation or by decision of a court of competent jurisdiction, it shall be severed, but without this affecting the validity and/or enforceability of the remaining provisions.
8.3. No failure by a party at any time to enforce its rights in connection with any provision of these Terms & Conditions shall operate or be construed as a waiver of such provision or of the right to subsequently enforce that provision and/or of its remedies for such breach.
8.4. VWT may assign these Terms & Conditions, together with all of the rights and obligations associated herewith, to any third party, in particular in case of the disposal of a business unit, merger by the formation of a new company, merger by acquisition, spin-off or change of control affecting VWT.
9. Governing law and jurisdiction
9.1. These Terms & Conditions are governed by, and shall be construed in accordance with, the laws of France.
9.2. The parties shall endeavor to resolve any dispute arising out of or relating to these Terms & Conditions promptly (but without prejudice to any urgent measures or proceedings which may be necessary). Unless this dispute is amicably resolved within a period of fifteen (15) days, the more diligent party may submit it to the courts of Créteil, FRANCE.