General Terms of Use

Language. This document is a translation of the French-language General Terms of Use, provided for information purposes only. In the event of any discrepancy between this translation and the French version, the French version shall prevail and shall be the only legally binding text.

Version in force as of March 28, 2024

The purpose of these general terms of use (hereinafter the “Terms of Use”) is to define the terms and conditions of access to and use of the website https://www.visite-calanques.fr/ (the “Site”), published by LES AMIS DES CALANQUES II, a limited liability company (société à responsabilité limitée) with share capital of EUR 378,343.50, registered with the Marseille Trade and Companies Register (RCS) under number 913 428 736, with its registered office at 34 Rue du Grand Madier, 13600 La Ciotat (“LES AMIS DES CALANQUES II”), as well as the rights and obligations of users in this context.

ARTICLE 1. DEFINITIONS

The following terms, whether used in the singular or plural herein, shall always have the following meaning:

“Personal Data”: means all types of information, data and/or content collected and processed in connection with browsing and use of the Site, hosted by LES AMIS DES CALANQUES II or by its hosting provider, as defined in Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, which make it possible to designate or identify, directly or indirectly, a natural person;

“Tickets”: means the electronic tickets sold by LES AMIS DES CALANQUES II to Users placing an order on the Site, allowing the purchase of boat excursion services for private individuals;

“User”: means any natural person wishing to browse the Site and/or place an order for Tickets.

ARTICLE 2. ACCEPTANCE BY THE USER

All browsing of the Site is subject to compliance with the Terms of Use. The User is deemed to have read, understood and accepted in full the rules set out herein, without any reservation. All of these rules govern the relationship between the User and LES AMIS DES CALANQUES II.

LES AMIS DES CALANQUES II reserves the right to modify the Terms of Use, in whole or in part, in line with technical developments of the Site or its Ticket offerings, or as a result of legislative changes, at its sole discretion and without notice.

ARTICLE 3. HOSTING OF THE SITE AND SECURITY

The Site is hosted by the professional hosting provider SCALEWAY, with its registered office at 8 rue de la Ville l’Evêque, 75008 Paris (RCS 433 115 904 RCS Paris). The Site and all databases are hosted in this provider’s data centers, located in FRANCE.

SCALEWAY acts as a processor for LES AMIS DES CALANQUES II within the meaning of the regulation applicable to the protection of Personal Data, in accordance with the contract between them, which may not derogate from this article. LES AMIS DES CALANQUES II reserves the right to migrate the hosting of the Site to other data centers of this provider and/or to change hosting provider, in constant compliance with the regulation applicable to the protection of Personal Data.

LES AMIS DES CALANQUES II undertakes to use its best efforts to ensure the security of the servers hosting the Site by protecting the network and servers against malicious attacks. Security measures, such as a firewall and regular updates of the operating system and antivirus, are implemented. Confidentiality and personal data protection measures are also taken to prevent the destruction, loss, alteration or unauthorized disclosure of data. In the event of an incident, measures are provided for to quickly restore the availability of data and ensure appropriate access. A regular assessment is carried out to verify the effectiveness of these security measures.

In the event of server failure, LES AMIS DES CALANQUES II will use its best efforts to restore the service as soon as possible, within the limits of the service-level commitments made by the hosting provider.

ARTICLE 4. CONDITIONS OF ACCESS TO THE SITE

Neither browsing the Site nor ordering Tickets requires the creation of an account or registration on the Site.

Access to the Site and the ordering of Tickets require the User to have computer equipment (in particular a PC, Mac, tablet or smartphone) and a high-speed internet connection.

All costs relating to access to and use of the Site, whether hardware, software or internet access costs, are borne exclusively by the User. The User is solely responsible for the proper functioning and appropriate securing of their computer equipment and their internet access.

The Site is accessible 24 hours a day, 7 days a week, subject to the occurrence of an event of force majeure or an event beyond the control of LES AMIS DES CALANQUES II, and except in the event of interruption, suspension or limitation in connection with maintenance operations and/or updates necessary for the proper functioning of the Site.

LES AMIS DES CALANQUES II is bound only by a best-efforts obligation regarding the accessibility, functioning and availability of the Site or its content. LES AMIS DES CALANQUES II reserves the right to interrupt, suspend or limit, at any time, access to all or part of the Site, in particular due to legal or technical constraints.

The User expressly acknowledges that the aforementioned suspensions, interruptions or limitations may occur at any time without notice and that they shall not give rise to any obligation or compensation in their favor.

ARTICLE 5. USE OF THE SITE

Given the nature and purpose of the Site, the User undertakes to use the Site for personal purposes, and to use the Site in accordance with the Terms of Use, in compliance with applicable laws and regulations.

LES AMIS DES CALANQUES II may suspend or terminate the User’s access to the Site in the event of non-compliance with the rules of use of the Site, without prejudice to any damages that LES AMIS DES CALANQUES II may seek.

ARTICLE 6. WARRANTIES

LES AMIS DES CALANQUES II declares and warrants that it holds all the titles, licenses and authorizations to provide the Site to the User. LES AMIS DES CALANQUES II also declares and warrants that the Site it provides complies with applicable laws and regulations.

LES AMIS DES CALANQUES II grants no other express or implied warranty, including, without this list being exhaustive, as to the continuity, performance and/or durability of the Site and/or as to fitness for a particular purpose or the suitability of the Site to the User’s needs, nor does it warrant that it is free from anomalies, errors or bugs or that it will operate without failure or interruption. The Site is provided “as is” and as available.

Access to the Site implies knowledge and acceptance of the characteristics and limits of the internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, the risks of interruption, and, more generally, the risks inherent in any connection and transmission over the internet, the lack of protection of certain data against possible misuse, and the risks of contamination by any viruses circulating on the network. LES AMIS DES CALANQUES II does not warrant that the Site or its servers will at all times be free from viruses, worms, Trojan horses or any other component liable to cause damage. It is the User’s responsibility to take all appropriate measures to protect their own equipment, data and/or software stored on their computer equipment against any harm.

ARTICLE 7. LIABILITY

By express agreement and subject to the provisions hereof, LES AMIS DES CALANQUES II is bound by a best-efforts obligation in providing the Site. No advice or information, whether oral or written, obtained by the User when using the Site is liable to create warranties not expressly provided for by the Terms of Use, nor to render LES AMIS DES CALANQUES II liable in the event of damage, of whatever nature, caused to the User or to third parties as a result of the User’s improper use of the Site, in breach of the provisions of this article and, more generally, of non-compliance with the Terms of Use.

The User alone is in control of the proper use, with discernment and good sense, of the Site. The User is responsible for any damage occurring to their computer system, to the Site and/or its content, as well as for the loss of data that may result from their use of the Site. In this respect, the User is responsible for implementing antivirus software and other measures to secure their computer system.

LES AMIS DES CALANQUES II is liable only for direct damage that may be caused to the User as a result of the improper performance and/or non-performance of the obligations incumbent upon it under the Terms of Use. Under no circumstances may LES AMIS DES CALANQUES II be held liable for any indirect damage, of whatever nature, suffered by the User.

The User acknowledges that LES AMIS DES CALANQUES II remains free to correct and/or modify the Site at any time and without notice, without such correction and/or modification giving rise to any recourse on their part.

LES AMIS DES CALANQUES II may not, generally speaking, be held liable in any case where the non-performance or improper performance of the Terms of Use results from an event of force majeure or a fortuitous event beyond its control.

ARTICLE 8. INTELLECTUAL PROPERTY

The Site and all content on the Site, published by LES AMIS DES CALANQUES II (hereinafter the “Protected Elements”), are protected by intellectual property rights (such as, in particular, all copyrights, trademarks, database producers’ rights, and any other existing or future intellectual property right, French and international) and belong to LES AMIS DES CALANQUES II or to third parties who have authorized LES AMIS DES CALANQUES II to exploit them.

Use of the Site in no way confers on the User any ownership right and/or intellectual property right over the Protected Elements, with the exception of a personal right of access, non-exclusive and limited exclusively to use of the Site in accordance with its purpose and in compliance with the Terms of Use.

The User shall refrain from representing, reproducing and/or exploiting the Protected Elements, in whole or in part, in any form and by any means whatsoever, without the prior written consent of LES AMIS DES CALANQUES II. The User undertakes not to copy, modify, assemble, decompile, alter, sell, rent, lend, broadcast, distribute or transfer all or part of the Site, create derivative works from the Site, or authorize a third party to commit such acts, without the prior written consent of LES AMIS DES CALANQUES II.

Failure to comply with the provisions of this article constitutes an infringement of the intellectual property rights of LES AMIS DES CALANQUES II and/or of the licensing third parties and is liable to give rise to civil and criminal proceedings.

ARTICLE 9. PROTECTION OF PERSONAL DATA

LES AMIS DES CALANQUES II is concerned about protecting the Personal Data of Users of the Site and undertakes to protect it in compliance with the applicable regulation, in particular Regulation (EU) No. 2016/679 of April 27, 2016, known as the “General Data Protection Regulation” or “GDPR”, and Law No. 78-17 of January 6, 1978, as amended, known as the “Loi Informatique et Libertés” (French Data Protection Act).

ARTICLE 10. TERM – TERMINATION

The Terms of Use take effect upon their acceptance by the User and for the entire duration of the User’s use of the Site.

In the event of use of the Site by the User that does not comply with the Terms of Use, in the event of the User’s breach of the Terms of Use, or more generally in the event of a violation of applicable laws and regulations, LES AMIS DES CALANQUES II may terminate automatically, without prior formal notice, without notice or compensation, all or part of the User’s access to the Site. LES AMIS DES CALANQUES II may pronounce such termination without prejudice to all other rights, actions and remedies available to LES AMIS DES CALANQUES II for the purpose of compensating for the harm it may have suffered as a result of such breaches.

ARTICLE 11. APPLICABLE LAW AND COMPETENT COURTS

The Terms of Use are performed and interpreted in accordance with French law.

The parties declare their intention to seek an amicable solution to any difficulty that may arise regarding the validity, interpretation or performance of the Terms of Use. In the event of persistent disagreement, the dispute will be brought before the competent courts.

ARTICLE 12. CONTACT

For any information concerning the Terms of Use, the User may contact LES AMIS DES CALANQUES II by email at the following address: amisdescalanquesresa@gmail.com