GENERAL
TERMS AND CONDITIONS OF USE OF THE WEBSITE
The purpose of this section
of the General Terms and Conditions of Sale and Use of the website www.salons-aeroclub.com is to define
the terms and conditions of availability of, access to and use of the Service
Provider’s website and said terms and conditions are enforceable on Users.
WE ENCOURAGE YOU TO 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,
INCLUDING ITS CONTENT, ARE SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF
USE, AS WELL AS APPLICABLE LAWS AND REGULATIONS.
For
the purposes of this section, the terms defined below, both in the singular and
in the plural, shall have the following meaning:
“Contribution”: all
content (photographs, images, information, remarks, comments, CVs, cover
letters, etc.) that may be published, edited, drafted, shared, deleted and/or
modified on the Website by the User;
“GTCU”: these general
terms and conditions of use;
“Publisher”: the
company or companies publishing the website(s) mentioned in the Legal Notice;
“Website”:
the Website www.salons-aeroclub.com and the portals and variations of the associated URLs, where
applicable;
“User”: anyone logging
on to the website, such as the Customer, visitors, etc.;
“Functionality”: services made available to the User on the website,
as described below;
“Services”: the services offered, which may be booked by the User
under the terms and conditions set out on the website.
Article 16?–?Access to
the Functionalities
Access to the Functionalities
of the website is open to anyone browsing on the said site and is conditional
on compliance herewith. The User is informed that he has the option of saving
and printing these GTCU by using the standard functionalities of his browser or
computer. By using the Functionalities, the User acknowledges that he has
obtained from the Service Provider all the necessary information about the
Functionalities and that he accepts, unreservedly, the GTCU.
Any User undertakes, after
acceptance of the GTCU, to comply with them scrupulously. Failure to comply
with the GTCU engages the User’s liability and may entail immediate and
automatic suspension, or permanent and automatic cessation of access to the
website and to the associated Functionalities.
The User is responsible for
the use he makes of the information made available to him by the User in
connection with the Functionalities and must take into consideration all
notices featuring in these GTCU and on the website.
The conditions of access to
and use of the Functionalities may be changed without prior notice by the
Service Provider. Availability of each Functionality depends on the website and
a User might therefore not have access to all or part of the Functionalities
below.
Article 17?–
Functionalities
The website allows the User
to access all or part of the following Functionalities:
17.1 Consulting information
about the Services. This functionality allows the User to have
access to information relating to the Services (e.g. times, descriptions and
specific terms and conditions of the Services, information about products
offered, etc.).
17.2 Booking. The User may book Services
on the website. The terms and conditions of access and of functioning of the
order for these Services feature on the website and herein. In any event, the
User undertakes to ensure that all information provided to the Publisher
(including Personal Data) at the time of registration is always truthful,
accurate, complete and up-to-date. In particular, the User undertakes not to
create a false identity likely to mislead the Publisher or any third party and
not to usurp the identity of another natural person. In the event of any
changes, the User undertakes to update all the information concerning him
immediately. If the User provides any false, inaccurate, outdated, incomplete,
deceitful or misleading data, the Publisher may immediately suspend or
terminate the User’s account and temporarily or permanently refuse access to
all or part of the Functionalities.
17.3 Receiving notifications and newsletters
from the Service Provider and/or its partners. Depending on the choices made
at the time of booking, the User may receive commercial notifications where
applicable and/or newsletters from the Service Provider and/or its commercial
partners.
17.4 Submission of
applications. The User may submit an unsolicited application in accordance with
the terms and conditions set out on the Website.
Article 18 – User
Contributions
The User undertakes to ensure
that his Contributions comply with all applicable laws and regulations. Without
this list being exhaustive, it is prohibited to publish any Contribution whose
content would or would be likely to infringe:
- Public order or morality,
- The rights of third parties
(image rights, privacy, etc.),
- The intellectual property
rights of any third party and/or Sodexo.
In this respect, the User
undertakes to ensure that his Contributions are relevant to the context. They
must not contain subjective comments, especially if they are excessive or
insulting, or reveal, directly or indirectly, any information considered sensitive
(racial or ethnic origin, political, philosophical or religious opinions, trade
union membership, information relating to health or sex life, offences,
convictions or security measures).
The User declares that he
accepts all civil and criminal liability that would result from the publication
of his Contributions on the Website. In addition, the User shall indemnify the
Publisher against any action, of any kind whatsoever, which may be brought
against him by any interested person for the User's failure to comply with the
foregoing provisions.
It is specified that in the
event of failure by the User to comply with the provisions of this article,
Sodexo reserves the right to remove from the Website any disputed Contribution,
notwithstanding Sodexo’s right to suspend or terminate the User’s access to the
website without prior notice.
Article 19 – Terms and
conditions for providing access to the Website
19.1 Availability. Access to the website is
open and free to any User with Internet access. All costs relating to access,
whether costs relating to hardware, software or Internet access, are
exclusively borne by the User. He alone is responsible for the correct
functioning of his computer equipment and for his Internet access.
The Publisher shall use all
reasonable means to provide the User with continued access to the Website, but
certain Functionalities may be available at varying times.
The Publisher may not be held
liable either for the unavailability of the website in the case of operations
relating to maintenance, testing, security or repair or of any other nature
whatsoever.
However, the Publisher
reserves the right, without prior notice or compensation, to temporarily or
permanently close down the Website or access to one or more Functionalities,
notably in order to carry out an update, maintenance operations, or
modifications or changes concerning operational methods, servers and hours of
accessibility, without this list being exhaustive. The Publisher also reserves
the option of suspending, interrupting or bringing a permanent end to any
access to all or part of the Website in the event of force majeure, as defined
by case-law or any other event beyond its control.
The User acknowledges the
Publisher's right to choose and/or change the infrastructure and/or the country
where the Website is hosted as it sees fit.
19.2 Faults – Malfunctions. The Publisher does not
guarantee that the Website will be free from faults, errors or bugs, or that
these can be rectified, or that the Website will function without interruption
or failure, or that it is compatible with particular hardware or particular
settings.
Under no circumstances may
the Publisher be held liable for technical problems attributable to third
parties, particularly in the event of malfunctions attributable to third-party
software, regardless of whether or not they are incorporated into the Website
or provided therewith, or for issues related to communication or unavailability
of the Website due to technical problems beyond the Website’s control, whether
due:
- To the User’s equipment;
- To the Internet service
provider;
- To the User’s host
provider;
- Or generally to a force
majeure event.
The User further declares
that he is aware of the nature and limitations of the Internet, particularly
its technical performance, the response times for viewing, querying or
transferring data and the risks related to the security of communications. The
User shall be responsible for considering possibilities for developing the IT
resources and means of transmission at his disposal in order to adapt them to
Website developments.
Article 20 – Publisher’s
liability.
The Publisher cannot be held
liable for damage of any kind (including loss of profit or of opportunity,
etc.) which may result from changes and/or a temporary or permanent, total or
partial, unavailability of the Website or of any Functionality, whatever the
origin or source. More broadly, except in the event of wrongdoing on its part,
the Publisher is not in any event liable for damage of any kind (including loss
of profits or of opportunity, etc.) which might result from the use of the
Website, such as, in particular, loss of data, including Personal Data,
intrusion, virus, suspension of service and/or Functionalities, fraudulent use
of a bank card, etc.
In the event of improper use
or illegal exploitation of the Website by a User, the User shall bear sole
liability for any damage of any kind caused to third parties and to the
Publisher, and for any resulting consequences, claims and/or action.
Furthermore, Sodexo shall not
be liable in the event of “force majeure” as defined by applicable laws and
French case law.
Article 21 – Cookies
Some of the User’s
information may be collected when accessing this Website for the purposes of
personalising and improving the User’s experience. For more information, the
User is invited to consult our Cookie Management Policy.
Article 22 – Duration and
Termination.
This agreement is entered
into for an indefinite term and shall remain in full force and effect as long
as the User uses the Functionalities or keeps his personal account.
The Publisher reserves the
right to take all necessary measures, including the removal of a personal
account, without having to give any reason or notice, undertake any formalities
or pay any compensation to the User in the event of a binding court decision,
force majeure event, breach of these GTCU or the law, or suspected fraud.
The Publisher shall notify
the User by any appropriate means of the measure taken and the reasons for
taking such a decision. The User’s personal account will no longer be
accessible from the date of termination and all Functionalities will be
immediately suspended. Such termination shall take place without prejudice to
any damages which may be claimed as compensation for the harm suffered as a
result of such breaches.
At the time of termination,
the rights and licences granted to the User will be terminated and the User
shall cease all use of the Website. The User will not be entitled to any
compensation.
Article 23 – Hypertext links
This Website may contain
links (including hypertext links) to other websites or applications that are
not under the Publisher’s control. The Publisher is not liable for the content
of these sites or applications, the links they contain, or for any changes or
updates made to them. It is not possible to create a hypertext link to third-party
websites without the express authorisation of the Publisher. Under no
circumstances may the Publisher be held liable for the creation of a hypertext
link on this Website.
Article 24 – General
provisions
24.1. Changes to the GTCU. The Publisher reserves the
right to change, supplement or update at any time all or part of the GTCU,
particularly in order to comply with any legislative, regulatory, technical and
case-law changes that may arise. In this case, the applicable provisions will
be those in force on the date they are put online and will be enforceable on
the date of use of the Website by the User.
24.2. Full agreement. If any one of the clauses
of the GTCU (in full or in part) were to prove unlawful, invalid or
inapplicable, the other provisions would remain in full force. The invalid or
unenforceable portion shall be replaced by a valid provision having the same
legal effect.
24.3. No waiver. The fact that the parties do
not exercise the rights recognised as theirs pursuant hereto may not in any
event be interpreted as waiver of asserting the said rights.
24.4. Agreement on proof. It is expressly agreed
that, barring an obvious error established by the User or by the Publisher, the
data stored in the Publisher’s information system has probative force. The data
on computer or electronic media retained by the Publisher constitute evidence
and, if they are furnished as evidence in any contentious or other proceedings,
they shall be admissible, valid and enforceable between the parties in the same
way, under the same conditions and with the same probative force as any
document that is drawn up, received or retained in writing.
Translated into English for
information purposes only. In the event of a dispute, the French version shall
take precedence.
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