General terms and conditions of use for the website

General terms and conditions of use for the website

This section of the General Terms and Condi­tions of Sale and Use of the website https://www.yachts­de­paris.en/ aims  to define the terms and condi­tions for the provi­sion, access to and use of the website of the Service Provider and is enforce­able against Users. 

PLEASE READ THESE GENERAL TERMS AND CONDI­TIONS OF USE CARE­FULLY BEFORE USING THE WEBSITE AS THEY AFFECT YOUR RIGHTS AND OBLIG­A­TIONS. YOUR ACCESS TO AND USE OF THE WEBSITE, AND ITS CONTENT, ARE SUBJECT TO THESE GENERAL TERMS AND CONDI­TIONS OF USE, AS WELL AS THE APPLIC­ABLE LAWS AND REGU­LA­TIONS

For the purposes of this section, the terms defined below have the follow­ing mean­ings, in the singu­lar and the plural:
“Contri­bu­tion”: all of the content (photo­graphs, images, inform­a­tion, words, comment, resume, applic­a­tion letter, etc.) that may be published, edited, tagged, shared, deleted and/or modi­fied on the Website by the User;
“GTCU”: these General Terms and Condi­tions of Use;
“Publisher”: the company/compan­ies publish­ing the website mentioned in the Legal Notices;
“Website”: the website (https://www.yachts­de­paris.fr/) and the portals and any other URLs related thereto where applic­able;
“User”: any person connect­ing to the Website, such as the Client, visit­ors etc.;
“Func­tional feature”: services provided to the User on the Website, as described here­in­after;
“Services”: Services on offer and that may in partic­u­lar be booked by a User under the condi­tions presen­ted on said Website 

Article 1 – Access to the Func­tional features 
Access to the Func­tional features of the Website is open to any person brows­ing on said Website and is subject to compli­ance with these GTCU. Users are informed that they have the option to save and print these GTCU by using the func­tional features of their browser or their computer. By using the Func­tional features, the User acknow­ledges that they have obtained from the Service provider all the inform­a­tion required with regard to the Func­tional features and that they shall adhere, without reser­va­tion, to these GTCU. 
All Users under­take, after accept­ing these GTCU, to comply with them scru­pu­lously. Users shall incur liab­il­ity for any breach of these GTCU that may entail their imme­di­ate and auto­matic suspen­sion, or the defin­it­ive and auto­matic block­ing of any access to the Website and the asso­ci­ated Func­tional features.
The User is liable for the use that it makes of the inform­a­tion provided to it by the User in the context of the Func­tional features and must take into consid­er­a­tion all of the warn­ings included in these GTCU and on the Website.  
The condi­tions for access to and the use of the Func­tional features may be modi­fied without warn­ing by the Service provider. The avail­ab­il­ity of each Func­tional feature depends on the Website and the User may there­fore not have access to all or part of the Func­tional features described here­in­after.  

Article 2 – The Func­tional features
The Website allows Users to access all or part of the follow­ing Func­tional features:
2.1 Consult­ing inform­a­tion about the Services. This func­tional feature allows Users to have access to inform­a­tion regard­ing the Services (e.g. timetables, descrip­tions and special terms and condi­tions for the Services, inform­a­tion on the products on offer, etc.).
2.2 Book­ing The User can book Services on the Website. The terms condi­tions for access­ing the Services and how to order them are included on the Website and herein. In any event, the User under­takes that all of the inform­a­tion provided to the Publisher (includ­ing the Personal Data) during their regis­tra­tion shall always be truth­ful, accur­ate, exhaust­ive and up to date. They under­take in partic­u­lar to refrain from creat­ing any false iden­tity of such a nature as to induce the Publisher or any third party to error and to refrain from assum­ing the iden­tity of another natural person. The User under­takes to imme­di­ately update all of the inform­a­tion regard­ing them in the event of any change. In the event that the User provides false, inac­cur­ate, outdated, incom­plete or mislead­ing inform­a­tion that may induce to error, the Publisher may, imme­di­ately and without warn­ing or compens­a­tion, suspend or cancel the User’s account and refuse them any access to all or part of the Func­tional features, in a tempor­ary or defin­it­ive manner.
2.3 Receiv­ing noti­fic­a­tions and news­let­ters from the Service provider and/or its part­ners. Depend­ing on the choices made during the book­ing, the User may receive poten­tially commer­cial noti­fic­a­tions and/or news­let­ters from the Service provider and/or its commer­cial part­ners. 
2.4 Filing a job applic­a­tion The User may file an unso­li­cited job applic­a­tion accord­ing to the terms that are presen­ted on the Website.

Article 3 – The User’s Contri­bu­tions
The User under­takes that their Contri­bu­tions shall abide by all of the laws and regu­la­tions in force. It is prohib­ited, without limit­a­tion, to publish any Contri­bu­tion of which the content is contrary to or may be contrary to: 
- Public order or good morals,
- The rights of third parties (image rights, privacy, etc.),
- The intel­lec­tual prop­erty rights of any third party and/or Sodexo.
In this regard, the User under­takes that its Contri­bu­tions shall be relev­ant with regard to the context and must not include subject­ive opin­ions and shall never be excess­ive or insult­ing, shall not reveal, directly or indir­ectly, any data considered as sens­it­ive (racial or ethnic origin, polit­ical, philo­soph­ical or reli­gious opin­ions, the member­ship of a trade union, data related to health or sex life, crim­inal offenses, convic­tions, secur­ity meas­ures, etc.). 
The User repres­ents that they accept all the civil and penal liab­il­ity that may result from the public­a­tion of their Contri­bu­tions on the Website. Further­more, the User shall hold the Publisher harm­less against any action, of any nature, that may be taken by any inter­ested person for any breach by the User of any of the preced­ing provi­sions.
It is hereby specified that in the event of any breach by the User of the provi­sions contained in this article, Sodexo reserves the right to delete any disputed Contri­bu­tion from the Website, notwith­stand­ing the right for the latter to suspend or termin­ate the User’s access to the Website without warn­ing.

Article 4 – Condi­tions for the provi­sion of the Website 
4.1 Avail­ab­il­ity All Users with access to the inter­net have free and open access to the Website. All of the costs related to this access, whether this be the costs of hard­ware, soft­ware or access to the inter­net are at the User’s sole expense. The User is solely liable for the proper func­tion­ing of their computer hard­ware and their access to the inter­net.
The Publisher takes all reas­on­able meas­ures to keep the Website continu­ously avail­able to Users but certain Func­tional features may have differ­ent avail­ab­il­ity times. 
Nor may the Publisher be liable for any unavail­ab­il­ity of the Website in the event of main­ten­ance work, tests, secur­ity oper­a­tions, repairs or works of any other kind what­so­ever.
The Publisher reserves the right, without warn­ing, to tempor­ar­ily or defin­it­ively close the Website or access to one or more Func­tional features in partic­u­lar to carry out an update, main­ten­ance work, modi­fic­a­tions or changes to the oper­a­tional meth­ods, the serv­ers and access­ib­il­ity times, without limit­a­tion. The Publisher also reserves the right to suspend, inter­rupt or defin­it­ively shut­down access to all or part of the Website in the event of an occur­rence of force majeure, as defined by case law, or any other fact beyond its control.
The User acknow­ledges the Publish­er’s right to choose and/or to modify at its discre­tion the infra­struc­ture and/or the coun­try where the Website is hosted.
4.2 Anom­alies – Bugs. The Publisher does not guar­an­tee that the Website shall be free of any anom­alies, errors or bugs, or that they shall be correc­ted, or that the Website shall oper­ate without inter­rup­tion or break­downs, or even that it is compat­ible with any specific hard­ware or config­ur­a­tion. 
In no event may the Publisher be held liable for any tech­nical prob­lems that may be the fault of any third parties, and in partic­u­lar due to any malfunc­tions caused by the soft­ware of third parties whether or not it is included in the Website or provided there­with or for any commu­nic­a­tion prob­lem or unavail­ab­il­ity of the Website due to tech­nical prob­lems outside said Website, in partic­u­lar if they are due to: 
- the User’s hard­ware; 
- the inter­net service provider; 
- the User’s host­ing provider;
- or due in a general manner to an occur­rence of force majeure. 
The User also repres­ents that they are aware of the features and limit­a­tions of the inter­net and in partic­u­lar its tech­nical perform­ances, response times to consult, query or trans­fer data, and the secur­ity risks related to such commu­nic­a­tions. It is the User’s duty to pay atten­tion to any possib­il­ity to update the computer and commu­nic­a­tion resources avail­able to them so that these resources adapt to any changes to the Website.

Article 5 – The Publish­er’s Liab­il­ity. 
The Publisher may not be held liable for any damages of any kind (includ­ing loss of profits or oppor­tun­ity, etc.) that may result from any changes and/or the tempor­ary or defin­it­ive unavail­ab­il­ity of all or part of the Website or any Func­tional feature, regard­less of the origin or the cause. More broadly, other than in the event of a breach on its part, the Publisher may in no event be held liable for any damages (includ­ing loss of profits or oppor­tun­ity, etc.) that may result from the use of the Website, such as, in partic­u­lar, the loss of data, includ­ing Personal Data, intru­sion, a virus, the suspen­sion of the service and/or any Func­tional features, the fraud­u­lent use of a bank card, etc. 
In the event of any abnor­mal use or the illegal use of the Website by a User, the latter shall be solely liable for any damages or any kind caused to any third party or the Publisher, and any consequences, claims and/or actions that may result there­from. 
Further­more, Sodexo may not be held liable in the event of any occur­rence of “force majeure” as defined by the applic­able laws and by French case law. 

Article 6 – Cook­ies
Some inform­a­tion about the User may be collec­ted when they consult this Website in partic­u­lar to custom­ize and improve their exper­i­ence. Users are invited to consult our Cookie Policy for further inform­a­tion.

Article 7 – Dura­tion and termin­a­tion 
This agree­ment is concluded for an indef­in­ite term and shall remain in force and in full effect for as long as the User uses the Func­tional features or main­tains their personal account.
The Publisher reserves the right to take any meas­ures that may be neces­sary, includ­ing the dele­tion of a personal account, without giving any reason, or warn­ing, or without any form­al­it­ies, or compens­a­tion to the bene­fit of the User, in the event of a legal decision obli­ging it to do so, occur­rences of force majeure, any breach of these GTCU or the law, or any suspi­cion of fraud.
The Publisher shall warn the User by any appro­pri­ate means of the meas­ure taken and the reas­ons for which it made such a decision. The User’s personal account shall no longer be access­ible from the date of termin­a­tion and all of the Func­tional features shall be imme­di­ately suspen­ded. Any such termin­a­tion shall take place without preju­dice to any damages that may be claimed in repar­a­tion for any losses suffered due to any such breach.
At the time of any termin­a­tion, the rights and licenses gran­ted to the User shall be termin­ated and the User must cease any use of the Website. The User shall have no right to any compens­a­tion. 

Article 8 – Hyper­text links
This Website may include links (includ­ing hyper­text links) to other websites or applic­a­tions that are not under the Publish­er’s control. The Publisher accepts no liab­il­ity for the content of any such websites or applic­a­tion, any links that they may include or any changes or updates that are made thereto. No hyper­text links to third-party websites may be created without the Publish­er’s express author­iz­a­tion. In any event, the Publisher may not incur any liab­il­ity due to the creation of any hyper­text link on this Website.

Article 9 – General Provi­sions
9.1. Modi­fic­a­tion of the GTCU. The Publisher reserves the right to modify, complete or update all or part of the GTCU at any time, in partic­u­lar for the purpose of comply­ing with any legis­lat­ive, regu­lat­ory, tech­nical or case law devel­op­ments that may occur. In such an event, the applic­able provi­sions shall be those in force when they are put online and shall be enforce­able on the date on which the User makes use of the Website. 
9.2. Sever­ab­il­ity If any one of the stip­u­la­tions of these GTCU (in whole or in part) is found to be illegal, invalid or inap­plic­able, the other provi­sions shall remain entirely in force. The invalid or inap­plic­able part shall be replaced by a valid provi­sion with the same legal effect.
9.3. Non-waiver. Any fail­ure by any of the parties to exer­cise any right that is gran­ted to them by these GTCU may not in any event be inter­preted as a waiv­ing of said rights.
9.4. Conven­tion of proof. It is expressly agreed that, other than in the event of a clear error estab­lished by the User or by the Publisher, the data conserved on the Publish­er’s inform­a­tion system shall be effect­ive means of proof. Any data kept by the Publisher on computer or elec­tronic media shall consti­tute proof and, if it is produced as evid­ence in any legal proceed­ings or such­like, it shall be receiv­able, valid and enforce­able between the parties in the same manner, under the same condi­tions and with the same legal power as any docu­ment that may be estab­lished, draf­ted, or kept in writ­ing.

Article 10– Personal Data
The collec­tions and processing of the Client’s Personal Data shall be carried out pursu­ant to French law No. 78–17 of Janu­ary 6, 1978 in force and European Regu­la­tion 2016/679 of April 27, 2016 with regard to the processing of personal data and the free move­ment of such data.

For further inform­a­tion, Clients are invited to consult our Privacy Policy on our Website https://www.yachts­de­paris.en/.