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
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.