Terms and Conditions of Use

This website, accessible at https://maribaytoulonplaisance.fr/ (hereinafter referred to as the "Site"), is published and managed by Portelo SAS.

Accessing and browsing the Website constitutes acceptance of these Terms and Conditions of Use (hereinafter the "TCU"). By accessing the Website by any means whatsoever (including computer, mobile phone, tablet, etc.), the User acknowledges having read these Terms and Conditions and agrees to comply with them without reservation.

Definitions

The terms defined below shall have the following meanings, whether used in the singular or plural:

"Personal data": refers to Article 4 of the General Data Protection Regulation No. 2016/679 (hereinafter "GDPR"): "any information relating to an identified or identifiable natural person (hereinafter referred to as "data subject"); An "identifiable natural person" is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person." Personal Data includes, in particular, data that allows Users to be identified.
"User" refers to any person accessing the Site (e.g., visitors) whose Personal Data may be collected.
"Device" refers to the various media through which the Site may be accessed. Devices include smartphones, tablets, microcomputers via the Internet (PC or Apple), and any object connected/connectable to another object or to the Internet.

Subject

The purpose of these Terms of Use is to set out the conditions of access, availability, and use of the Website, its features, and its content by Users.
Users who refuse to comply with the Terms and Conditions must not access or use the Website.
These Terms and Conditions constitute a legally binding contract that is enforceable against Users who access, browse, and use the Website in any way whatsoever.

Personal data

Eiffage collects Personal Data concerning Users when they browse the Website.

Personal Data is collected, processed, recorded, and stored in accordance with applicable legal provisions, in particular the amended law of January 6, 1978, and the GDPR.

Eiffage invites Users to consult thePrivacy Policyto learn about the processing of Personal Data carried out in connection with their access to and use of the Site and to learn about their rights regarding such processing.

Intellectual property

Eiffage is the owner of the domain namehttps://www.eiffage.com.
This Website is an intellectual work: the Website and each of its components (animated or non-animated images, illustrations, photographs, sounds, know-how, text, graphics, etc.), including software and databases (hereinafter the "Content"), are protected in particular by intellectual property law, in particular by copyright, designs and models, and trademark rights.

Unless otherwise stated, intellectual property rights to the Content are the exclusive property of Eiffage, another company in the group to which Eiffage belongs, a third party, or a partner that has granted Eiffage rights of use. Eiffage does not grant any license or sublicense to all or part of the Content, nor any rights other than the right to use the Site under the terms of these Terms of Use.

The User acknowledges these rights and undertakes to comply with them. Any use, modification, reproduction, extraction, representation, or translation, in whole or in part, of the Content by any means whatsoever is strictly prohibited without the prior written consent of Eiffage or the owner of the protected sign.

Similarly, any unauthorized reproduction of literary, musical, audiovisual, photographic works and, more generally, any work that may be protected by intellectual property rights, accessible via the Site is prohibited, under penalty of civil and/or criminal sanctions, in accordance with the provisions of Article L 122-4 of the Intellectual Property Code, unless such reproduction is exclusively reserved for strictly private use.

Eiffage, or any other holder of these rights, may take any measures or actions, including legal action, to stop any infringement of its intellectual property rights and reserves the right to claim damages in the event of such infringement.

Hyperlinks

Any creation of links to the Site, any framing of the Site, and more generally any use of any element comprising the Site, is subject to the prior written authorization of Eiffage and may be revoked at any time at its sole discretion.

All websites with a hyperlink to the Website are not under Eiffage's control. Consequently, Eiffage declines all responsibility (in particular editorial responsibility) for these websites.

Cookies

To obtain information about cookies collected during browsing, Users are invited to consult the Privacy Policy and the "Cookie Banner" document.

Modification

Use of the Site is subject to the Terms of Use in effect at the time of use.

Eiffage reserves the right to modify and update the Terms of Use without prior notice. To stay informed of any such changes, Users are advised to review the Terms of Use regularly.

User behavior

Users agree to comply with these Terms of Use.

Users undertake in particular to behave in accordance with all the provisions of this paragraph and in particular:

  • Do not use a false identity for the purpose of deceiving others and providing Eiffage with false, stolen, or incorrect contact details;
  • Do not harm anyone through the Site;
  • Do not set up a hyperlink to the Site without Eiffage's prior written consent;
  • Do not damage the reputation of Eiffage or other Users through the Site;
  • Do not distribute content that is defamatory, abusive, obscene, offensive, violent, or incites violence, or that is political, racist, or xenophobic, or that is generally contrary to applicable laws and regulations or public decency.
  • Do not attempt to probe or test the vulnerability of the Site, or violate security and authentication measures without authorization;
  • Do not disrupt or interrupt the Site or the servers or networks connected to the Site, or violate the requirements, procedures, rules, or regulations of networks connected to the Site;
  • Do not attempt to interfere with or disrupt the use of the services offered by the Site;
  • Do not disclose unnecessary, sensitive, or third-party personal, professional, or confidential information.
  • Refrain from processing any personal data obtained on/via or using the Site, including any collection, misuse, or any act likely to infringe on the privacy or reputation of other Users or any other natural or legal person.

Users must comply with the rules relating to intellectual property rights pertaining to the content of the Site, whether these are the intellectual property rights of Eiffage or of third parties.
At any time and for any reason whatsoever, Eiffage may take any measures necessary to terminate, without prior notice, the User's use of the Site or all or part of the services provided by the Site for any conduct that violates these Terms of Use, without prejudice to any damages that Eiffage reserves the right to claim from the User in the event of non-compliance with these Terms of Use.

Disclaimer

Users use the Website at their own risk and acknowledge that they do so under their sole responsibility. It is their responsibility to protect themselves against the dangers of the Internet and, in particular, to take all necessary measures to protect their own data and/or software from contamination by any viruses that may affect their computer or computer equipment. The User is solely responsible for the means of access to the Internet, and thus to the Site.

Eiffage takes the utmost care and uses all means at its disposal to publish high-quality, regularly updated information on the Website. However, Eiffage cannot guarantee the accuracy or completeness of all such information. Furthermore, the Website is subject to change and development without prior notice.

Eiffage carefully selects the links to websites displayed on the Website, but declines all responsibility for the content of these websites, their legality, accuracy, or function, and cannot be held liable for the use that may be made of them by users.

Eiffage cannot be held liable for any errors or omissions, or for any lack of availability of information and services. Eiffage is bound only by a simple obligation of means concerning the information it makes available to persons who access its Site. Accordingly, the User acknowledges that he/she uses this information under his/her sole responsibility and is solely responsible for the consequences of such use.

More generally, Eiffage cannot be held liable for any direct or indirect damage that may result from accessing and using the information contained on this Website, regardless of the causes, origins, nature, or consequences.

Eiffage cannot be held liable for any direct or indirect damage resulting from access to its Website, any interruption or removal of the Website and its services, the occurrence of bugs, or any damage resulting from fraudulent intrusion by a third party via the Website.

Access to the site

In the event of force majeure, IT or technical difficulties, difficulties related to the structure of telecommunications networks, or for maintenance reasons, without this list being exhaustive, access to all or part of the Site may be suspended or removed at Eiffage's sole discretion.

Completeness

In the event that any clause of these Terms of Use is deemed invalid, in particular due to a change in legislation, regulations, or a court decision, this shall in no way affect the validity and compliance with the other clauses of the Terms of Use.

Applicable law and competent courts

These Terms of Use are subject to French law.

Any dispute concerning: the existence, interpretation, execution, or breach of the general terms and conditions of use (GTCU) agreed between [Company name] and the user, even if several parties are involved, shall, in the absence of an amicable agreement, be submitted exclusively to the French courts.

This rule applies even if there are several defendants, in the event of a third-party claim, and even for emergency proceedings or protective measures, whether initiated in summary proceedings or by petition.

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