The online Shareholder Portal, action.airliquide.com, allows, depending on the shareholding option, the consultation of the share portfolio, the modification of the information available in the "My Profile" section and the execution of stock exchange orders.
Article 1 - Definitions
Capitalized terms used in this Article shall have the following meaning throughout these General Terms of Use, whether used in the singular or plural:
Share:
The term "Share" means any type of financial instrument as well as, in generalized terms, options and free share attribution rights.
Shareholder:
The term "Shareholder" means the owners of financial instruments issued by the Issuer in direct registered or intermediary registered form as well as the holders of options and free share attribution rights granted by the Issuer.
Issuer:
The term "Issuer" means AIR LIQUIDE.
ID:
The term "ID" means all identification elements of the Users.
User:
The term "User" means any Shareholder who is authorized to access the website.
Article 2 - Purpose
The purpose of these General Terms of Use is to define the conditions under which AIR LIQUIDE makes this website available to Users.
Article 3 - Mise à disposition du site
La mise à disposition du site aux Utilisateurs résulte d'un choix discrétionnaire d'AIR LIQUIDE.
Article 4 - Log in to the website
4-1 Disclaimer
Access to the website is exclusively reserved for Shareholders whose Shares are registered directly with Air Liquide (direct) or via a financial institution (intermediary).
Depending on the type of shareholding, the operations and procedures available to the User vary, from consulting his share portfolio, to modifying the information in the "My Profile" section, to carrying out stock market order transactions.
4-2 LOG IN to the website
To access the online Shareholder Portal, the User logs in by entering his/her e-mail address.
When logging in for the first time, the User defines his access code with his ID which was sent to him by AIR LIQUIDE by SMS or post depending on the method used to open the securities account.
Thereafter, and for security reasons, the User will have to modify his access code every year or every 100 connections.
Entering three wrong access codes in succession will automatically block the password.
The User must then enter his or her cell phone number, which allows for enhanced authentication in order to better secure operations and prevent fraud.
Finally, to finalize the connection to the online Shareholder Portal, the User, after having filled in his ID and access code, is invited to enter a one-time code that he will receive by SMS on his cell phone number.
4-3 Loss of the access code
If the User loses or forgets his or her access code, he or she is invited to click on the "Forgot your access code?" link and follow the instructions on the screen.
4-4 Confidentiality commitment
IDs are provided to the User for strictly private purposes and for his personal use only. The User undertakes not to communicate these elements. The User is only responsible for updating his access code in case of suspicion of access by an unauthorized third party to this confidential access code.
L'Utilisateur est seul responsable de la mise à jour de son code d'accès en cas de suspicion d'accès par un tiers non autorisé à ce code d'accès confidentiel.
The User is informed that under no circumstances :
- An AIR LIQUIDE staff member will not ask for his/her access code or one-time use code(s) by any means whatsoever;
- He/she must not transmit his/her access code or one-time use code(s) to anyone by any means, including e-mail, mail, telephone or fax;
- You must not respond to any solicitation purportedly issued by AIR LIQUIDE requesting you to disclose your access code or one-time use code(s).
ARTICLE 5 - Website features
5-1 Website modules
The functionalities of the website are organized in several independent modules. Except in cases where, due to regulatory changes of a public order nature, AIR LIQUIDE decides to suspend, modify or delete modules of the site, as stipulated in the article "Evolution of the website functionalities" below, the availability of these different modules is at its discretion.
5-2 Developments in the website features
For the logging in as well as for the realization of certain operations, the information of a single-use code sent on the cell phone previously informed could be required.
AIR LIQUIDE reserves the right, without notice, to suspend, modify or delete all or part of the services offered by the website, in particular to take into account regulatory changes of a public policy nature.
The occurrence of any of these events can in no way invoke the responsibility of AIR LIQUIDE and do not give rise to any right to compensation or damages.
ARTICLE 6 - Duties of AIR LIQUIDE
AIR LIQUIDE undertakes to do everything possible to ensure the optimal functioning of the website and, in particular, the proper execution of orders received and the confidentiality of provided information, as well as the protection of personal data.
AIR LIQUIDE may be held liable under ordinary law for damages suffered by a User, in accordance with the provisions of articles 1151 and following of the French Civil Code. In no event shall AIR LIQUIDE be liable for indirect and/or immaterial damages of any kind (such as loss of profit, production, operation, etc.). AIR LIQUIDE cannot be held responsible for any malfunction or improper functioning of the website resulting from circumstances beyond its control, such as data transport, failure in the functioning of equipment or telecommunications networks, or any error attributable to the managers of these networks.
It is User's responsibility to take all appropriate measures to protect his own data and /or tools. AIR LIQUIDE cannot be held liable for any damage that may be suffered, during a visit to its website, by the User's technical environment and in particular, his computers, software, network equipment (modems, telephones, etc.) or any other equipment used to access or use the service and/or information. AIR LIQUIDE cannot be held responsible for any improper use of the website by the User.
Stock market information, in particular the Share price, appearing on the website, is provided by specialized service providers. It is provided to the User for information purposes only and does not constitute an incentive to trade in the Shares or relevant markets.
AIR LIQUIDE cannot be held liable for any direct or indirect damage resulting from the use of this information, nor for any damage that the User may suffer as a result of the errors contained in this information provided by specialized third parties.
AIR LIQUIDE declines all responsibility for any direct or indirect consequences that may result from the use, fraudulent or not, of the User's email address and IDs by any third parties and, in particular, in the event of erroneous, imprecise or inconsistent stock market orders or requests to exercise options, as long as the fraud, error, imprecision or inconsistency is not attributable to AIR LIQUIDE.
ARTICLE 7 - Evidentiary effect
The information provided on the website does not take any transactions in progress into account.
Any query or order made or given after identification of the User is deemed to have been made by the User himself.
The validation of orders results in the automatic assignment of an identification number, which the User is recommended to take note of and retain in order to facilitate searches in the event of a request for information or a dispute. AIR LIQUIDE provides proof of the orders received via the website through summaries of transactions, established daily and automatically by its systems.
In the event of a dispute concerning orders sent via the website, computer records, or their reproduction on a computer or paper medium, shall be deemed authentic unless otherwise proven between the User and AIR LIQUIDE. In the event of a contradiction between a computer record and any written confirmation subsequently sent in paper form, the computer record shall prevail unless proven otherwise.
ARTICLE 8 - Availabilité of the website
The website is accessible 24 hours a day, 7 days a week. AIR LIQUIDE reserves the right to interrupt access to the site at any time for technical, maintenance, security or force majeure reasons, whereby it is understood that AIR LIQUIDE will do everything possible to ensure that the interruption of access is as brief as possible. Furthermore, notification of the interruption will provided in the form of a warning on the home page or by any other means. This interruption cannot in any case engage the responsibility of AIR LIQUIDE and does not give right to any compensation or repair. In case of unavailability of the site, the User will always have the possibility of carrying out his operations by other ways:
- By completing a form on the website www.airliquide.com
- By telephone at 0 800 166 179 (free call from a landline in France) or from abroad at 01 57 05 02 26
- By mail:
Air Liquide - Shareholder Services Department
TSA 91948
62978 ARRAS Cedex 9
ARTICLE 9 - HYPERTEXT LINKS AND VIRUSES
AIR LIQUIDE cannot under any circumstances be held responsible for websites that are the subject of a hypertext link from the website, and cannot assume any responsibility in particular for the content, products, or services available on these sites or from these websites.
ARTICLE 10 - RATES
Access to the website is free of charge for the user, with the exception of the cost of internet access fees that are billed to the user directly by his internet access provider under his own plan.
ARTICLE 11 - DURATION OF THE AGREEMENT
This agreement between the User and AIR LIQUIDE shall be terminated by the occurrence of one of the following events:
- The decision of the Issuer to no longer make the website available to its Shareholders.
- The User's request to terminate his access to the website.
- The loss of the User's status as a Shareholder.
ARTICLE 12 - APPLICABLE LAW - CHOICE OF JURISDICTION
These General Terms of Use are subject to French law. Any dispute, in particular those relating to the validity, execution, interpretation or consequences of these General Terms of Use that could not be settled, will be brought before the competent French courts.
In the event that the User is a merchant within the meaning of the French Commercial Code, the User and AIR LIQUIDE elect domicile at their respective registered offices. Any dispute arising within the framework of these General Terms of Use between a User-Merchant and AIR LIQUIDE falls under the exclusive jurisdiction of the competent Paris court.
