General terms and conditions of use
These General Terms and Conditions of Use govern the relationship between Users and SOCIÉTÉ DE L’ÉCOLE NOUVELLE for the use of the Site.
They are supplemented by the Legal Notice and the Privacy Policy.
BETWEEN :
The User (as defined in Article 1 hereof),
on the one hand,
AND
SOCIÉTÉ DE L’ÉCOLE NOUVELLE, a public limited company with a Board of Directors and share capital of 28,876,346.43 euros, registered in the Évreux Trade and Companies Register under number 573 651 197, with its registered office at Pullay Verneuil-sur-Avre, 27130 Verneuil d’Avre et d’Iton, represented by Mr Mark MALLEY in his capacity as Chairman of the Board of Directors and Chief Executive Officer, duly authorised for the purposes hereof.
Hereinafter referred to as “SOCIÉTÉ DE L’ÉCOLE NOUVELLE”
,
The User and SOCIÉTÉ DE L’ÉCOLE NOUVELLE are hereinafter referred to individually as the ” Party ” or collectively as the ” Parties “.
These General Terms and Conditions of Use are hereinafter referred to as the ” GTCU “.
It was previously explained that :
SOCIÉTÉ DE L’ÉCOLE NOUVELLE operates the www.ecoledesroches.com website, which provides information about the École des Roches.
In this context, the Parties agree to enter into these GCU in order to determine their rights and obligations in relation to the use of the Site by Users.
With this in mind, it was agreed as follows:
ARTICLE 1 – DEFINITIONS
The Parties agree and accept that the following terms used with a capital letter, in the singular and/or plural, have, in the context of the GCU, the meaning given below:
“Site” refers to the www.ecoledesroches.com website operated by SOCIÉTÉ DE L’ÉCOLE NOUVELLE providing information about the École des Roches.
“User” refers to any Internet user browsing the Site.
ARTICLE 2 – PURPOSE
The purpose of these GCU is to define and govern the terms and conditions of use of the Site by Users.
ARTICLE 3 – LEGAL INFORMATION
The Site is published by :
SOCIÉTÉ DE L’ÉCOLE NOUVELLE
A public limited company with a Board of Directors and share capital of 28,876,346.43 euros, registered in the Évreux Trade and Companies Register under number 573 651 197, with its registered office at Pullay Verneuil-sur-Avre, 27130 Verneuil d’Avre et d’Iton.
Email address: ecoledesroches@ecoledesroches.com
Telephone number : +33 (0)2 32 60 40 00
Intracommunity VAT number: FR70573651197
The Site’s Publishing Director is Mr Mark MALLEY.
The Website is hosted by Planet Hoster
Address: 4416 Rue Louis B. Mayer, QUEBEC H7P 0G1 Laval, CANADA
Telephone number : +33 1 76 60 41 43
ARTICLE 4 – CONTACT
For any question, complaint or request for information concerning the Site, the User may contact SOCIÉTÉ DE L’ÉCOLE NOUVELLE by sending an e-mail to the address indicated in Article 3 of the GCU.
ARTICLE 5 – ACCEPTANCE OF THE GGU
Access to and use of the Site are subject to acceptance of and compliance with the GCU. Such acceptance and compliance are deemed to be given by the User on opening the Site. By accessing the Site, Users unreservedly accept and comply with the latest version of these Terms and Conditions of Use.
The GCU apply, as necessary, to any variation or extension of the Site on existing or future social and/or community networks.
SOCIÉTÉ DE L’ÉCOLE NOUVELLE reserves the right to modify, at any time and without prior notice, the Site and the GTC, in particular to adapt to changes in the Site by making new functionalities available or removing or modifying existing functionalities.
The User is therefore advised to refer to the latest version of the GCU, which can be accessed at any time on the Site, before browsing. In the event of disagreement with the GCU, the User may not use the Site.
ARTICLE 6 – ACCESS AND NAVIGATION
The Site is accessed and browsed via an Internet connection.
SOCIÉTÉ DE L’ÉCOLE NOUVELLE implements the technical solutions at its disposal to allow access to the Site 24 hours a day, 7 days a week.
SOCIÉTÉ DE L’ÉCOLE NOUVELLE is subject to an obligation of means with regard to access and navigation on the Site and makes its best efforts to guarantee such access and navigation. Nevertheless, it cannot be held responsible for malfunctions or unavailability of the Site and cannot pay any compensation to the User in this respect.
SOCIÉTÉ DE L’ÉCOLE NOUVELLE may at any time suspend, limit or interrupt access to the Site or to certain pages thereof in order to carry out updates, modifications to its content or any other action deemed necessary for its proper operation.
ARTICLE 7 – LIABILITIES
SOCIÉTÉ DE L’ÉCOLE NOUVELLE is only responsible for content that it has published itself.
However, it cannot guarantee that the information published on the Site is accurate, complete or up to date.
Use of the Site implies knowledge and acceptance of the characteristics and limits of the Internet, in particular as regards technical performance, response times for consulting, querying or transferring information, the risk of interruption and, more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risk of contamination by any viruses circulating on the Internet network.
SOCIÉTÉ DE L’ÉCOLE NOUVELLE is not responsible :
- technical or IT problems or failures, or the Site’s compatibility with any hardware or software;
- direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use of or difficulties in using the Site;
- the intrinsic characteristics of the Internet, particularly those relating to the unreliability and lack of security of information circulating on it.
The User is responsible for the use and protection of the equipment he/she uses to browse the Site, for the use he/she makes of the Site, and for any breach of the GCU. It is the User’s responsibility to take all appropriate measures to protect his/her own data and/or software stored on his/her computer equipment against any attack. Users are entirely responsible for their connection to the Site.
The following are strictly prohibited (a) any behaviour likely to interrupt, suspend, slow down or prevent the proper functioning of the Site, (b) any intrusions or attempted intrusions into the systems of SOCIÉTÉ DE L’ÉCOLE NOUVELLE, (c) any misappropriation of the system resources of the Site, (d) any actions likely to impose a disproportionate load on the infrastructures of the latter, (e) any attacks on the security and authentication measures, (f) any acts likely to infringe the financial, commercial or moral rights and interests of SOCIÉTÉ DE L’ÉCOLE NOUVELLE or of the users of its Site, (g) any transmission to the Site of content which is illegal, harmful, threatening, abusive, (g) any transmission to the Site of content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, contrary to accepted standards of public decency, invasive of a person’s privacy, including their right to an image, offensive or derogatory, or racially, ethnically or otherwise objectionable; (h) any practice that hijacks the Site for purposes other than those for which it was designed and, more generally, (i) any breach of the GCU or of the laws and regulations in force.
Likewise, it is strictly forbidden to monetise, sell or grant all or part of access to the Site or to the information it contains.
In the event of a breach of any of the provisions of this article or, more generally, of any laws and regulations, SOCIÉTÉ DE L’ÉCOLE NOUVELLE reserves the right to take any measures it deems appropriate (in particular to prevent the User concerned from accessing the Site), to seek damages and to take any legal action.
The information provided on the Site may be changed or updated without notice.
ARTICLE 8 – HYPERTEXT LINKS
The Site may include links to other websites or other Internet sources.
Insofar as SOCIÉTÉ DE L’ÉCOLE NOUVELLE cannot control these external sites and sources, SOCIÉTÉ DE L’ÉCOLE NOUVELLE cannot be held responsible for the availability of these external sites and sources, and cannot accept any responsibility for the content, advertising, services or any other information or data available on or from these external sites or sources. Furthermore, SOCIÉTÉ DE L’ÉCOLE NOUVELLE cannot be held responsible for any damage or loss, proven or alleged, consecutive or in relation to the use or the fact of having trusted the content, goods or services available on these external sites or sources.
Any creation of links to the Site, any framing of the Site, and more generally any use of a component of the Site, is subject to the prior, express and written authorisation of SOCIÉTÉ DE L’ÉCOLE NOUVELLE. SOCIÉTÉ DE L’ÉCOLE NOUVELLE reserves the right (i) to request the removal of any link to the Site which has not been, or is no longer, authorised and (ii) to claim damages for any loss suffered as a result.
SOCIÉTÉ DE L’ÉCOLE NOUVELLE is not responsible for any transactions between the User and any advertiser to which the User may be directed via the Site and will not be a party to any dispute in this respect.
ARTICLE 9 – INTELLECTUAL PROPERTY AND PROTECTION OF PERSONAL DATA
If the GCU are translated into one or more languages, the language of interpretation will be French in the event of a contradiction or dispute over the meaning of a term or provision.
ARTICLE 11 – MEDIATION
If the User is a consumer, he/she has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of any dispute with SOCIETE DE L’ECOLE NOUVELLE concerning the performance of these terms and conditions.
To this end, they may contact the following consumer ombudsman: [to be completed].
If the User is a consumer and wishes to have recourse to mediation, he/she must prove that he/she has first attempted to resolve his/her dispute directly with SOCIÉTÉ DE L’ÉCOLE NOUVELLE by means of a written complaint in accordance with the procedures set out in Article 4 of the GCU.
ARTICLE 12 – APPLICABLE LAW AND JURISDICTION
The GCU are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or performance of the GCU, and in the absence of an amicable settlement or recourse to mediation, or in the event that mediation fails, the dispute will be referred to the French courts, unless otherwise provided by law, which would refer to the mandatory jurisdiction of a foreign court.
The User may refer the matter either to one of the courts having territorial jurisdiction under the French Code of Civil Procedure, or to the court for the place where the User resided at the time the GCU were entered into or at the time the harmful event occurred.
ARTICLE 13 – GENERAL INFORMATION
If one or more stipulations of the GCU are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
The fact that one of the Parties does not claim from the other Party a breach of any of the obligations set out in the GCU shall not be construed as a waiver of the obligation in question for the future.
Content updated on ___________ 2024