Every User of the Site www.lepointperche.com must read these General Terms and Conditions of Use (hereinafter referred to as “GTCU”) which define the rules for the use of this website. Continuing to browse this site shall be deemed acceptance of the GTCU, below, without reservation.
If you do not wish to accept the terms hereof, we ask you not to continue to browse this site.
These GTCU, in the French language, are dated 7 February 2014. Out of a concern for complete information, we encourage you to re-read these GTCU each time you visit the site www.lepointperche.com.
In these GTCU, words or expressions beginning with a capital letter shall have the following meanings:
Site: this website in all its forms (including the mobile applications which may be used on smart-phones and tablets), which may be accessed notably at the following address: www.lepointperche.com.
User: any person who visits one or more pages of the Site.
Publisher: The website www.lepointperche.com is a site published by THE ABSOLUT COMPANY (hereinafter TAC), a company with a registered capital of SEK 500,000,000, having its registered offices at Årstaängsvägen 19A, 117 97 Stockholm, a Swedish company registered under number 556015-0178, represented by its Chairman, Mr Paul Duffy.
Equipment (computer, software, means of telecommunication, etc.) which enable access to the site are solely the responsibility of the User and at the User’s expense, as are the telecommunications expenses arising for their use.
You undertake not to use this Site and the information or data appearing on the Site for commercial, political or advertising purposes or for any form of commercial prospecting, including in particular for the sending of unsolicited e-mail.
All trade marks, photographs, text, comments, illustrations, images (whether animated or not), video clips, sounds, and all computer applications which may be used to operate this site and, generally, all elements which are reproduced or used on the Site, are protected by laws in force concerning intellectual property.
They are the full and exclusive property of the Publisher or its partners. Any reproduction, display, performance, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written agreement of the publisher, is strictly prohibited. Failure by the Publisher to bring proceedings immediately upon becoming aware of any unauthorised use shall not be deemed acceptance of such use or waiver of the right to bring proceedings.
MANAGEMENT OF THE SITE
The Publisher shall not be liable for the non-functioning of, impossibility of access to or dysfunction of the Site which is attributable to unsuitable equipment, a dysfunction in the services provided by the User’s internet service provider or dysfunction in the workings of the internet. The same shall apply for all other reasons which are external to the Publisher.
In addition, the User acknowledges that the characteristics and constraints of the internet do not make it possible to guarantee the availability and proper functioning of the Site. Consequently, the Publisher does not warrant that the Site will operate without interruption or error. In this respect, it is specified that:
the Site is accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of the Publisher.
the Publisher may be induced to interrupt access to all or part of the Site, to all or some Users, temporarily for maintenance reasons for the proper functioning of the Site, without notice and without any such interruption being able to give rise to any right to compensation for the User, and may delete any information which might disturb its functioning or is not compliant with laws and regulations.
The User waives any claim seeking the liability of the Publisher for any such interruption of service or disturbance in functioning.
The Publisher shall only be responsible for the content of the pages that it publishes.
The publisher may at its discretion decide to rename or change the existing sections and the headings and contents of its articles.
The Publisher shall not be liable for any inconvenience or damage inherent in the use of the Internet, including in the event of interruption or termination of service, external intrusion, downloaded virus or damage caused to hardware or software as a result of use of the Site.
The Publisher shall not be liable for the non-functioning of, impossibility of access to or dysfunction of the Site attributable to unsuitable equipment, a dysfunction in the services provided by the User’s internet service provider or dysfunction in the workings of the internet. The same shall apply for all other reasons which are external to the Publisher.
The Publisher shall be bound only by a mere best efforts obligation (“obligation de moyens”) concerning the information that it provides to persons accessing the Site.
Although the Publisher has taken all steps to ensure the reliability of information contained on the Site, the Publisher cannot be held liable for any errors, omissions, or the results which may be obtained from the use of such information. In particular, hypertext links may direct you to other websites over which the publisher has no control.
Access to the Site may be temporarily interrupted for the purposes of maintenance, updates or technical improvements, or in order to change the content and/or its presentation, without any such interruption giving rise to any obligation or right to compensation.
In general, the User waives any claim seeking the liability of the Publisher for any such interruption of service or disturbance in functioning. Likewise, the Publisher shall not incur any liability for any failure by Users of the Site to comply with these GTCU.
It is strictly prohibited to make any hypertext links to all or part of the site, except with the prior written authorisation of the Publisher.
In all cases, any link must be removed on the Publisher’s mere request.
Any information accessible via a link to other sites is not under the control of the Publisher which disclaims all liability as to their content. In particular, the Publisher disclaims all liability concerning sites containing data which do not comply with statutory and regulatory rules in force.
If, in the context of a search made on the Site, the results of that search induces a User to browse sites, pages or forums where the headings and/or content infringe French law, considering in particular that the Publisher cannot control the content of such external sites and sources, the User must cease consulting the site in question, failing which he or she shall be liable to those penalties laid down by French law or be subject to legal proceedings brought against him or her. Finally, if despite the Publisher’s efforts, any link on the Site points to a website or internet source having content which appears to be non-compliant, the User undertakes to contact the publication manager in order to communicate the address of the pages of the site in question. The Publisher undertakes in this case to examine that site and to inform the user of the steps that it intends to take, within a reasonable time. The User undertakes not to bring any proceedings against the Publisher before receiving its response. The User also undertakes not to bring any legal proceedings against Publisher except in the event that it refuses to delete said link.
COLLECTION OF USERS’ PERSONAL DATA.
Nature of the data concerned: By “personal data” we mean any data concerning a person which enables the identification of that person. This includes names, telephone numbers, postal and e-mail addresses, business registration number and trading names.
Use of collected data: These data are strictly reserved for internal use by TAC and companies in the group to which TAC belongs, and will not be the subject of any commercial use or transmission or sale to any person for commercial or prospecting purposes. TAC and the other companies of the group to which TAC belongs will only use your personal data within the limits of the purposes defined below.
TAC wishes to collect, conserve and use your personal data in order to:
facilitate and process your searches and requests for information concerning TAC and its activities.
provide you with the latest information concerning the activities of TAC and the group.
inform you of the organisation of events for or by TAC and the companies of the group to which TAC belongs.
Security and confidentiality of collected data: Physical, electronic and administrative measures have been put in place in compliance with regulations in order to protect your personal data. These data can only be accessed by a restricted number of authorised persons.
Right of access to personal data: Any personal information that you are led to transmit to TAC shall be subject to the provisions of the “Computing and Civil Liberties” Law No. 78-17 of 6 January 1978, on computing, databases and civil liberties. In this respect, you have a right of access to, rectification of and deletion of the personal information concerning you.
CHANGES TO THESE GENERAL TERMS AND CONDITIONS OF USE
The Publisher reserves the right to amend the terms, conditions and statements contained in these terms and conditions of use at any time.
We therefore strongly advise users to return and read over them at the time of each of their visits.
GOVERNING LAW AND JURISDICTION
These GTCU are governed by French law and are within the jurisdiction of the courts of Marseille.
For any question concerning the functioning or use of the Site, you may leave a message at the following address: firstname.lastname@example.org.
All rights reserved. Reproduction prohibited except with express prior authorisation.