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.etoile-prestige.fr 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.etoile-prestige.fr 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.