General terms and conditions of use
When the terms below are capitalised, reference is made to the following definitions.
- Administrator: person, service or company in charge of the administration of the Website, its operation and the implementation of the resources required for its operation, acting on the instructions of the SCEA CHÂTEAU DE PANERY.
- Content: all information, elements and/or media, in any format whatsoever, that are intended to be published on the Website.
- Operation: maintaining the Website in operational condition.
- Incident: an unplanned interruption or deterioration in the quality of an IT service provided online on the Website.
- Parties: refers to the Company SCEA CHÂTEAU DE PANERY and all the Users of the Website.
- Services: all the online services provided to Users by SCEA CHÂTEAU DE PANERY via the Website.
- Website: a set of structured documents, called "web pages", composed of content of various types and formats (text, image, sound, video, etc.), managed by software and stored on a server connected to the Internet network. The Website constitutes the technical platform of the URL web address mentioned the legal notice above.
- User: any natural person legitimately connected to the Website, acting in a professional capacity.
2. Purpose of the General Terms and Conditions of Use
These "General Terms and Conditions of Use" (hereinafter also referred to as "GTCU") aim to define the conditions under which Users may use the Services provided by SCEA CHÂTEAU DE PANERY via the Website.
3. Entry into force - Duration
These GTCU apply to all Users of the Website.
4. Enforceability of the General terms and Conditions of Use
These GTCU may be modified by SCEA CHÂTEAU DE PANERY whenever it deems necessary. Users expressly accept this fact in advance. The SCEA CHÂTEAU DE PANERY shall make any new versions of the General terms and Conditions of Use available on the Website.
5. The User’s Responsibility
MEANS OF PROOF
With regard to their relations, the Parties shall correspond by electronic mail (email), except in special cases that require the sending of a registered letter with acknowledgement of receipt. Any email transmission between the Parties shall constitute an acceptable means of proof for establishing all facts, acts and actions of each Party.
LIMITATION OF LIABILITY
No limitation of liability or guarantee is granted to Users for any breach of their obligations in relation to these General Terms and Conditions of Use.
Consequently, Users shall be liable for any direct, indirect, consequential, special, incidental, physical and/or moral, material and/or immaterial damage that they may cause to the other Parties or third parties by accessing the Website or through the use of the Website’s Services.
The SCEA CHÂTEAU DE PANERY shall do its utmost to ensure the accuracy of the information published on the Website. However, it is up to the Users to verify the information published, and the SCEA CHÂTEAU DE PANERY makes no guarantees in this respect. The SCEA CHÂTEAU DE PANERY cannot be held liable for any inaccurate or incomplete information contained on the Website.
NO WAIVER CLAUSE
The fact that the SCEA CHÂTEAU DE PANERY does not demand the application of a clause contained in these GTCU, or tacitly accepts the fact that a clause has not been adhered to, whether on a permanent or temporary basis, cannot be interpreted as meaning the SCEA CHÂTEAU DE PANERY waives its rights in relation to that clause or cannot demand its application at a later date.
FAILURE TO COMPLY WITH THESE GTCU
Any use of the Website and its features that is contrary to their intended purpose is strictly forbidden and constitutes a breach of these GTCU. Any failure to comply with these GTCU may result in the User’s Website account being suspended on a temporary or permanent basis, at the discretion of the SCEA CHÂTEAU DE PANERY.
6. Intellectual property
The SCEA CHÂTEAU DE PANERY is the exclusive holder (or licensed by the holder) of all the intellectual property rights on the Website, and notably the rights concerning the use, display, exploitation, reproduction, representation, adaptation, translation of any item that makes up the Website, including graphic charts, titles, forms, maps of the Website, texts, articles, analyses and written information, documentation, photographs, images, videos or any other information and/or downloadable content, as well as trademarks and logos placed online by the SCEA CHÂTEAU DE PANERY.
The Website and its Content are protected by the French law governing copyrights and the associated rights (Articles L.122-4 and following of the French Intellectual Property Code), which prohibits any total or partial reproduction of these various constituent elements, without the consent of the SCEA CHÂTEAU DE PANERY.
Consequently, Users undertake to respect all the copyrights and trademark rights, as well as and the rights of the database producer. Moreover, Users acknowledge that the databases developed by the SCEA CHÂTEAU DE PANERY are the latter’s exclusive property.
The SCEA CHÂTEAU DE PANERY only grants Users the right to use the content published on the Website for private, non-collective and non-exclusive purposes, and authorises Users to consult the Website on a digital device that enables them to display the pages consulted by the Internet user's browser.
Users do not have the right to transfer or assign the information obtained from the Website and are not allowed to create any derivative works from the Content on the Website.
The Website and its components constitute a body of work protected under intellectual property law. Any representation, reproduction, modification, transmission, translation or, generally, any exploitation of the Website and its technical or graphic components, are strictly forbidden without the prior authorisation of the SCEA CHÂTEAU DE PANERY.
The provision of the Services does not imply any transfer or concession of any intellectual property rights. Users only have the right to use the online Services provided by the SCEA CHÂTEAU DE PANERY via the Website, according to the provisions of these GTCU and, if relevant, the provisions set out in a contract that the User may have with the SCEA CHÂTEAU DE PANERY.
Non-compliance with this clause shall be considered an act of copyright infringement and may result in civil and/or criminal proceedings in accordance with the law.
The use of hypertext links that redirect to the Website is also subject to specific, prior authorisation from the SCEA CHÂTEAU DE PANERY. Users can obtain this such an authorisation by sending an email request to the webmaster.
7. Right to use the online Services
Users undertake to provide accurate information when they register on the Website and when completing any online formalities, since this information is used to ensure the Website can function properly and that the Services can be fulfilled correctly.
Users shall not create a false identity that could mislead the Administrator or any third parties.
8. Online services
The SCEA CHÂTEAU DE PANERY provides or may provide the following services to Users via its Website:
- The display of various types of content and information;
- Contact forms.
- The use of transactional functionalities: creation of a "shopping basket", online ordering and payment of products, the booking and payment of stays in guest rooms. These transactional functionalities are subject to general terms and conditions of sale;
- Content downloads;
- Creation of an account that allows the User:
- to access their order history;
- update and manage their personal information.
9. System requirements
To use the Website and its functionalities properly, Users must have software that is regularly updated by the publishers.
The Website uses responsive pages that can therefore adapt to all screen resolutions, but a minimum screen resolution of 1280 x 1024 pixels is recommended.
The Administrator does not guarantee that the information posted on the Website can be transferred, stored or printed via User's computer system or computer.
The Administrator undertakes to implement proven technical solutions that are capable of fulfilling the Website’s expected functionalities. However, the SCEA CHÂTEAU DE PANERY is not bound by an obligation of results towards Users in this respect, notably as regards the security and availability of the information placed on line, due to the risks linked to the use and exploitation of open networks such as the Internet network.
In order to meet Users’ needs or to improve the operation of the Website, the SCEA CHÂTEAU DE PANERY may update its functionalities.
The Administrator may decide to interrupt the operation of the Website temporarily for maintenance or security purposes. The fact that the Website’s operation may be interrupted or slow cannot give rise to any claims whatsoever, nor any compensation, notably in the event of a loss of connection, data or information of any kind whatsoever.
10. Proper use of the Website
Users shall use the Website and its functionalities without trying to bypass the technical security and protection measures. They shall not to disrupt or paralyse Website’s operation.
Any User who is found responsible of infecting all or part of the Website with viruses, worms, Trojan horses, logic bombs or any other disruptive technical means, shall take full responsibility for all the consequences, notably financial, with regard to the SCEA CHÂTEAU DE PANERY or any third-party victim.
If any User makes fraudulent or unlawful use of the Website, then he/she shall compensate the Administrator for any damage suffered as a result.
The SCEA CHÂTEAU DE PANERY may decide to block the publication of or delete any Content placed online that:
- does not comply with the provisions and regulations of French law, international treaties, moral decency;
- may prevent the proper operation of the Website;
- goes against the legitimate interests of other Users or third parties;
- may damages the image, reputation and interests of the SCEA CHÂTEAU DE PANERY, its shareholders, its subsidiaries, its partners and customers.
The SCEA CHÂTEAU DE PANERY cannot be held responsible nor be liable for any compensation whatsoever in this case.
Any claim concerning the operation of the Website, its contents or any other questions must be sent by email or by registered letter with acknowledgement of receipt to the SCEA CHÂTEAU DE PANERY. Claims shall not be processed and answered if the claimant does not provide his/her full name and contact details.
12. Limitation of liability
The SCEA CHÂTEAU DE PANERY shall not be liable for any compensation in the event of any direct or indirect commercial or financial prejudice (loss of turnover, loss of profit, loss of opportunity) or damage to reputation.
In accordance with the principle of business confidentiality, the Parties shall exercise the utmost discretion regarding all information relating to the organisation of the online Services, the content of the Website and their online relationship.
14. Amicable settlement
Any dispute linked to the interpretation and/or the performance of these General Terms and Conditions of Use should, insofar as possible, be settled by amicable negotiation between the Parties, which the SCEA CHÂTEAU DE PANERY shall seek to facilitate.
If no amicable solution is found after a calendar period of 30 days, the Parties shall be entitled to refer the matter to the competent courts.
By mutual agreement between the Parties, this provision shall not preclude the commencement of any emergency proceedings, whether by application before the courts or in summary proceedings.
In the event of a dispute that cannot be resolved through an amicable settlement, the User concerned and the SCEA CHÂTEAU DE PANERY shall be free to refer the matter to the competent courts.
16. Applicable law - Contractual language
The Website’s General Terms and Conditions of Use are governed by French law, regardless of the User’s nationality.
French shall be the reference language for reading, understanding and interpreting these GTCU.