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FALCON PORTAL

GENERAL TERMS AND CONDITIONS OF USE

PREAMBLE

These general terms and conditions of use (hereinafter referred to as “GTCs”) set out the terms and conditions according to which any person (hereinafter referred to as the “User”) shall use Falcon customer services and information available at www.dassaultfalcon.com (hereinafter referred to as “Falcon Portal”). Falcon Portal shall include any derivative such as www.xxx.dassaultfalcon.com where “xxx” shall designate the name of a particular section of Falcon Portal.

This preamble shall be an integral part of the present GTCs.

 

1. LEGAL NOTICES

Falcon Portal is the exclusive property of DASSAULT AVIATION, a French “société anonyme” with a capital of 72.980.304€, established under the laws of France, registered in the Paris trade register under the reference 712.042.456 RCS Paris, whose headquarters are located at 9, Rond-point des Champs-Elysées-Marcel Dassault, 75008 Paris, France (phone: +33 (0)1.47.11.40.00, email: Falcon-Communications@dassault-aviation.com), acting on behalf of any of its direct and indirect subsidiaries (including DASSAULT FALCON JET), hereinafter referred to as “DASSAULT AVIATION”. Falcon Portal is operated by DASSAULT AVIATION.

The Falcon Portal publication manager is M. Vadim FELDZER (Falcon-Communications@dassault-aviation.com).

Each of the following companies is likely to be responsible for the hosting of a part of Falcon Portal:

  • LINKBYNET, a French company located at 5-9 rue de l’industrie, 93200 Saint-Denis, France, (+33) 1 48 13 00 00.
  • Dassault Falcon Jet, a Delaware corporation located at Teterboro Airport, 200 Riser Road, Little Ferry, New Jersey 07643 USA
  • Prosodie, a French company located at 150 rue Galliéni, 92100 Boulogne-Billancourt, France, (+33) 1 46 84 11 11.

 

2. USER AGREEMENT TO THE GTCs

By accessing the Falcon Portal and using Falcon Portal web pages, User agrees to comply with these GTCs, and gives his agreement to be bound by them. At any time, DASSAULT AVIATION may update these GTCs, in which case the updated version shall be automatically applicable to the User from its date of publication on Falcon Portal.

Access to the registered sections of Falcon Portal will be granted upon express approval of these GTCs by User.

 

3. REGISTERED USERS

DASSAULT AVIATION may approve of reject at its sole discretion any access request to the registered section of Falcon Portal.

When the User is granted such access by mean of an identification code and password, User must treat such information as confidential, and shall be responsible for any unauthorized use of it. DASSAULT AVIATION shall have the right to temporarily or definitively disable any access at any time and without notice for any reason including if in DASSAULT AVIATION sole opinion, User have failed to comply with any of the provisions of these GTCs.

If the User becomes aware of any unauthorized use of its identification code and/or password, the User shall immediately notify DASSAULT AVIATION using the details provided in article 10 hereinafter, being provided that any notice made by phone shall be confirmed in written by regular mail or by e-mail at customer.service.communications@falconjet.com.

Unless otherwise agreed in writing by DASSAULT AVIATION, all information located in the registered section of Falcon Portal are DASSAULT AVIATION proprietary information and shall be treated by User as confidential information that User shall protect and not disclose to any third party.

 

4. INTELLECTUAL PROPERTY RIGHTS

The general architecture, as well as the software, content, images, sounds, process, technology and know-how in general, and any other elements which are part of Falcon Portal, are exclusive property of DASSAULT AVIATION or its own licensors.

Any total or partial use, copy, reproduction, publication, download, transmission or distribution of Falcon Portal in whatever manner without DASSAULT AVIATION’s express authorization, is prohibited, and shall be considered as an infringement to the relevant provision of the French Intellectual Property Code, unless specifically authorized under applicable law.

DASSAULT AVIATION, DASSAULT FALCON, FALCON, their logos and any derivative versions thereof, are registered trademarks.

Any total or partial reproduction of such trademarks and/or such logos without DASSAULT AVIATION’s express authorization is prohibited.

 

5. INFORMATION DISCLAIMER

Information provided to User through the Falcon Portal is given on an “as is“ basis unless otherwise stated hereunder, without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, sufficiency of said information, or that information will be up to date or devoid of any omission, inaccuracies or typographical errors.

 

6. AVAILABILITY DISCLAIMER

No guaranty is given by DASSAULT AVIATION that access to Falcon Portal will be uninterrupted, secure and free of virus or other harmful component.

At any time without notice and at its sole discretion, DASSAULT AVIATION may suspend or cancel access to all or part of Falcon Portal.

 

7. PERSONNAL DATA AND COOKIES

DASSAULT AVIATION has a strong commitment to protect Users' privacy on all the Falcon Portal.

DASSAULT AVIATION shall respect its obligations under the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the French law 78-17 of 6 January 1978 as amended (hereinafter collectively referred to as "GDPR" or “RGPD”). Any processing of User’s personal data, on the Falcon Portal, within the meaning of the GDPR is detailed in the available "DASSAUL AVIATION Privacy Policy"

 

8. LINKS

User shall in no event link from another website to the Falcon Portal without DASSAULT AVIATION prior and written approval.

Should Falcon Portal link to other websites or any kind of resources provided by third parties, these links shall be interpreted as provided for information only, without any liability whatsoever to DASSAULT AVIATION related to the availability, sufficiency or accuracy of any information provided by said third parties.

 

9. LIABILITY

Neither DASSAULT AVIATION nor any of its direct or indirect subsidiaries shall be liable to any User or any other third party for any direct, indirect, incidental, consequential loss or damage irrespective of their cause, nature or consequence, including without limitation loss of income or revenue, loss of business, loss of profits, contracts or opportunity, loss of data, loss of use, or loss of anticipated savings.

 

10. CONTACTS

DASSAULT FALCON JET Customer Service:

  • Address: 200 Riser Road – Little Ferry, NJ 07643, USA
  • Phone: +1 201 541 47 47
  • E-mail: customer.service.communications@falconjet.com

DASSAULT AVIATION Customer Service:

  • Address: 78, quai Marcel Dassault – Cedex 300 – 92552 Saint-Cloud Cedex – France
  • Phone: +33 1 47 11 37 37
  • Email: customer.service.communications@falconjet.com

 

11. DISPUTE RESOLUTION

These GTCs shall be construed according to and governed by French laws excluding its conflicts of law rules.

In the event of any dispute arising out of the performance, existence, termination, validity or interpretation of these GTCs, DASSAULT AVIATION and User hereby agree to make their best effort to reach an amicable settlement within a period not exceeding sixty (60) days as of the first dispute notification. Any dispute DASSAULT AVIATION and User have failed to settle amicably within the above-mentioned period shall be finally and exclusively settled by the courts of Paris (France).