These General Terms and Conditions of Use govern all relations between the website 20megatons.com (here in after referred to as “the Website”) published by Carrefour France (hereinafter referred to as “Carrefour”), whose identity and contact details are specified in the heading “legal notices”, and the Internet User. All Internet Users wishing to use the Website are deemed to have taken note of the present General Terms and Conditions of Use of the Website. These General Terms and Conditions of Use of the Website are not General Conditions of Sale or General Conditions for the Provision of Services. They constitute the rules to be observed by all Internet Users visiting the Website. The present Terms and Conditions of Use shall be binding throughout the duration of use of the Website and up to the date at which new General Terms and Conditions of Use replace the present document. As a result, all Internet Users must keep up to date with any changes in these conditions each time they visit the website and Carrefour reserves the right to modify them at any time.
The terms defined below shall have the following meanings for the Parties:
The purpose of this document is to lay down the Terms and Conditions of Use of the Website, which may be accessed at the following address 20megatons.com, including all of the pages thereof. This Website is a European events-related website available in French, Flemish, Spanish, Polish, Italian and Romanian which aims at referencing, featuring and selecting the products of partner brands based on the theme of Dietary Transition. As it is not a commercial website, there are no general conditions of sale or references to the security of payment methods. Where Internet Users wish to make use of the Carrefour Group’s commercial websites to which the Website may provide links, they are invited to take note of the general terms and conditions of sale and the notices regarding the security of the payment methods directly on those websites.
Access to the Website is free. In principle, it is accessible 24 hours a day/7 days a week. Carrefour strives to provide quality access and enable Internet Users to use the communication means made available to them under the best possible conditions. Due to the nature and complexity of the Internet network, and specifically its levels of technical performance and response times for viewing, querying or transferring information data, Carrefour shall devote its best efforts, in accordance with the state of the art, to allow access to and use of the Website. Carrefour cannot in fact guarantee total accessibility or availability to the Website. Nonetheless, Carrefour reserves the right, without notice or compensation, to temporarily or permanently shut down the Website, in particular for updates, maintenance operations, modifications or changes to operational methods and servers. Carrefour hereby declines all liability for damage of any kind resulting from these changes or from the temporary unavailability or definitive closure of all or part of the Website, or the services associated therewith. Carrefour reserves the right at any time to make additions or modifications to the Website and the services available on the Website to reflect ongoing technological developments. The Internet User is responsible for ensuring that any possible upgrading of computer resources and means of transmission available to him/her in order that these resources can be adapted to any changes made to the Website.
Carrefour reserves the option of implementing hyperlinks on its Website to provide access to web pages other than those on its Website, Carrefour having no control over such pages. Carrefour accepts no responsibility whatsoever for the conditions of access to these sites, their operation, how they use the Internet User’s personal data and the content of the information provided on these sites for the activation of hyperlinks. Internet Users who have a personal website and, for personal purposes, wish to place a simple, direct link on their own website to the home page of the Carrefour Website, must obtain the express authorisation from Carrefour to publish said link. Under no circumstances shall said authorisation be considered an implicit agreement of affiliation. In any event, hypertext links to the Website without Carrefour’s authorisation must be removed at Carrefour’s first request.
In accordance with the Regulations on the protection of personal data, the Internet User is informed that, as data controller, Carrefour shall process personal data.
Carrefour hereby declines all liability for the following:
Carrefour hereby declines all liability for any direct or indirect damage resulting from access to or use of the Website or any information it may contain, regardless of the nature thereof. Carrefour shall make its best efforts to provide up-to-date information on its Website. All of the information brought to the attention of persons visiting the Website was selected on a given date. The information on the Website reflects an opinion given at the time of its creation and not when the Website is visited. Such information may require updating which, for technical or other reasons, was not possible before the date on which the Website is visited. Carrefour hereby declines all liability for any errors or omissions. All and any updates, new services or new features that improve or expand one or more existing items of information shall be subject to the present General Terms and Conditions of Use. Carrefour hereby declines all liability for the appropriateness of the decisions made and methods of execution adopted by Internet Users on the sole strength of information published on the Website.
The Carrefour Group calls on its current or prospective customers to vote for the winners of the European Food Transition Award. Voting for the winners shall be organised via the Website. In order to try and win different prizes, customers/prospects who have voted will also have the possibility to register for a commercial lottery organised in Spain, Belgium, France, Italy, Poland and Romania. The Internet User who participates in the commercial lottery via the Website, regardless of his/her nationality or place of residence, shall expressly acknowledge that Carrefour is only responsible for organising said lottery in France and not in the other participating European countries. Indeed, each of the companies in the Carrefour Group which contributes to organising the lottery shall be appointed as the “organising body” in the country in which it organises said lottery and in compliance with the different rules of the game.
The Internet User undertakes to use the Website and all the information to which he/she may gain access only to obtain said information and to comply with public order, accepted principles of morality and respect for the rights of third parties. Thus, he/she is prohibited from publishing or transmitting via the Website any illegal, prejudicial, defamatory, pornographic, hateful or racially motivated material or that which, in particular, violates human dignity. In the event that Carrefour is informed of the presence of illegal content on the Website, Carrefour is entitled to delete such content immediately. The Internet User also undertakes not to disrupt the use which other Internet Users may make of this Website and not to access parts of the Website to which access is restricted.
The contents of the Website, the general structure and the software, texts, images, whether animated or otherwise, photographs, know-how and all other elements comprising the Website are the exclusive property of Carrefour or to whom it has granted a third party licence. These General Terms and Conditions of Use entail no assignment of any kind of intellectual property rights relating to elements belonging to Carrefour or its assigns such as sounds, photographs, images, literary texts, artwork, software, brands, graphic charters or logos for the benefit of the consumer. In particular, the Internet User shall refrain from modifying, copying, reproducing, downloading, broadcasting, transmitting, commercially exploiting and/or distributing in any way whatsoever the pages of the Website or the computer codes of the elements that make up the Website. Any total or partial reproduction and/or representation of one of such rights without the express authorisation of Carrefour is prohibited and would constitute an infringement leading to civil and criminal liability for the infringer. Consequently, the Internet User is prohibited from any action and act likely to directly or indirectly violate Carrefour’s intellectual property rights. The same shall apply to any databases, if applicable, present on the Website which are protected by the articles of the French Intellectual Property Code. All and any partial or total extraction or reuse of such databases or the content thereof is therefore prohibited without Carrefour’s express prior consent. The distinctive marks of Carrefour and its partners, such as domain names, trademarks, names and logos, appearing on the Website are protected by the French Intellectual Property Code. All and any reproduction, whether in part or in whole, of such distinctive signs making use of elements of the Website without the express consent of Carrefour is therefore prohibited under the French Intellectual Property Code. Only use as intended, compatible with the designated purpose of this Website, is authorised. Any other use, not previously and expressly authorised in writing by Carrefour, is prohibited and shall constitute an infringement.
The Parties mutually agree that the fact that one of the Parties tolerates a situation, regardless of the frequency and the duration, does not grant the other Party acquired rights or modification of these General Terms and Conditions of Use. Moreover, such tolerance cannot be interpreted as a waiver of its rights in question.
In the event of a difficulty in interpretation arising in respect of any of the headings above the clauses or any of the clauses to which it refers, the headings will be declared null and void.
Should one or more clauses of these General Terms and Conditions of Use be deemed invalid or declared as such in application of a law, a regulation or following a final decision given as a final judgment in a competent court of law, the other clauses will retain their full force and scope.
For the performance of this agreement and except for special provisions, the Internet User agrees to address all correspondence to Carrefour’s registered office.
These General Terms and Conditions of Use of the Website are governed by French law. This is the case for both the substantive rules and the formal rules, notwithstanding the execution venues of the substantive or ancillary obligations. ** IN THE EVENT OF LITIGATION ARISING FROM THE INTERPRETATION OR PERFORMANCE OF THESE GENERAL TERMS AND CONDITIONS, THE COURT HAVING COMPETENT JURISDICTION SHALL BE DETERMINED IN ACCORDANCE WITH COMMON LAW.
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