ARTICLE 1 – LEGAL FRAMEWORK
The events.partouche.com website is published by Groupe Partouche (Société Anonyme), registered on the Paris Trade and Companies Register under number 588 801 464, represented by Mr Fabrice Paire in his capacity as Chairman of the Management Board (hereinafter “the Publisher”).
Any user of the Website expressly acknowledges having read these Terms and Conditions of Use (the “Terms”). Browsing the Website carries express and unconditional acceptance of the Terms by the User.
Any website user who does not wish to accept these Terms in their entirety expressly agrees not to use the Website.
ARTICLE 2 – PURPOSE
The Website provides users with news and information about capacities and offers available within the company managed by the Publisher and allows them to be contacted and to request an estimate: private or professional events, contact details of casinos and hotels, news about casinos and hotels, etc.
ARTICLE 3 – DEFINITIONS
– GCU : means these Terms and Conditions of Use of the Website and the Services available on the Website.
– Login details : means the User’s personal identifiers consisting of their login (email address) and password.
– Web user : means persons browsing the Website.
– Services : means the various services available on the Website
ARTICLE 4 – ACCESS TO SERVICES
To be able to browse the Website, the Web user/User should check that they have hardware, software and an Internet connection that are compatible with the terms of supply of the Services.
ARTICLE 5 – WEB USERS
By browsing the Website, the Web user agrees and acknowledges that they are unconditionally subject to these Terms and therefore undertakes not to:
– send by email or transfer by any other means any content that is unlawful, harmful, threatening, injurious, harassing, tortious, defamatory, vulgar, obscene, contrary to good morals, or invades anyone’s privacy and/or infringes any third-party rights;
– access the Services which are not accessible to a mere Web user;
– steal the identity of another Web user;
The Web user recognises the limits of the internet and may not hold the Publisher liable for any malfunction of the Internet preventing one or more Services available on the Website from functioning or taking place correctly
ARTICLE 6 – PERSONAL DATA
ARTICLE 7 – PUBLISHER’S LIABILITY
7.1 – Website availability
The Publisher endeavours to ensure that the Website is available 24/7.
However, access may be interrupted for maintenance operations, hardware or software upgrades, emergency repairs or due to circumstances beyond the Publisher’s control (such as, for example, failures of telecommunications connections or equipment).
The Publisher shall take all reasonable measures to restrict such disturbances, insofar as they are due to it. The Web user and/or User acknowledges and accepts that the Publisher shall not be liable in any respect for any unavailability, suspension or interruption of the Websites or Services.
The Web user and/or User shall be personally responsible for obtaining the computing and telecommunications means necessary to access the Website and the knowledge required to use the Internet. The Web user and/or User shall pay the costs of the connection and equipment necessary to access the Internet and to use the Website. The Web user and/or User shall browse the Websites at their own risks.
7.2 – Company’s liability
The Publisher undertakes to provide the Services with all due care within the framework of a best-efforts obligation.
The Publisher shall not, under any circumstances, incur any liability for consequential or unforeseeable loss within the meaning of the French Civil Code, including but not limited to, any lost profit, loss of opportunity, or cost of obtaining a replacement service or technology.
The Publisher shall not, under any circumstances, be held liable, without limitation:
– for the sending and/or receiving of any data and/or information on the Internet;
– for any malfunction of the Internet preventing one or more Services available on the Website from functioning and/or taking place correctly;
– for the failure of any reception equipment or communication lines;
– for routing problems;
– for the consequences of any computer virus or bug, defect or technical failure;
– for any harm caused to a User’s computer;
– for any technical, hardware or software failure of any kind which prevented or restricted participation in one of the Services provided on the Website or damaged a User’s computer system.
7.3 – Force majeure
The Publisher may not be held liable for any force majeure event or any other event beyond its control preventing the Services from being provided in a manner compliant with the Terms.
7.4 – Connection
Users shall be entirely responsible for their connection to the Website and their participation in the Services provided on it. All Web users and/or Users must take all appropriate measures to protect their own data and/or software stored on their hardware against any attack (virus, spam, Trojan horse, bug, etc.).
The Publisher shall not, under any circumstances, be held liable for any difficulty or impossibility encountered by Web users/Users in connecting to the Internet.
7.5 – Cancellation, change, suspension
The Publisher shall disclaim all liability if, for any reason beyond its control, one or more Services are changed, postponed or cancelled.
Any change to the Website content may entail an update and/or a temporary unavailability of the Website for which the Publisher shall not incur any liability.
Similarly, the Publisher reserves the right to interrupt or suspend one or more Services provided on the Website, at any time and without notice, without being required to justify its decision. In this case, the Publisher shall not incur any liability and Users shall not be entitled to any compensation whatsoever.
7.6 – Hyperlinks
The Publisher may include simple links on the Website to other third-party websites in which case, such links are only provided out of courtesy.
As the Publisher is unable to verify the content of these third-party websites, the Web user and/or User shall access such websites under their sole responsibility and at their sole risk. The Publisher disclaims all liability for the content, lawfulness or availability of third-party websites. The Web user/User acknowledges that the Publisher shall not incur any liability for any losses or damage caused by accessing or browsing such third-party websites.
The Publisher shall act with all due care so as not to propose active hyperlinks to websites or content that could reasonably be considered unlawful. However, after creating the link, the Publisher is not able to check any changes made to the content of the third-party website. The Publisher undertakes to de-index any third-party websites of which it has been notified of their unlawful nature, by any means and particularly by a simple complaint sent to the email address email@example.com or by post to the following address: Groupe Partouche – 141 bis rue de Saussure 75017 PARIS.
7.7 – Third Party
The Publisher may offer the Web user/User access to third-party websites or the possibility of taking part in loyalty or marketing programmes or any other activities taking place on a third-party website or programme. In this case, the Publisher shall not be liable for the activities of these third parties and encourages Web users/Users to read the terms and conditions offered by the third-party websites.
ARTICLE 8 – THIRD-PARTY CLAIM
In the event that the Publisher is held liable in court for any breach by a Web user and/or User of their obligations pursuant to these Terms or to any legislative or regulatory provisions in force, the Publisher may introduce the Web user and/or User as a third-party to the proceedings.
ARTICLE 9 – INTELLECTUAL PROPERTY RIGHTS
The Publisher holds all the intellectual property rights in and to all the constituent elements of the Website (including its style guide, tree structure, browser interfaces, databases, etc.). Therefore, without the Publisher’s prior, written authorisation, you may not reproduce, publicly display, adapt, translate and/or transform in whole or in part, and/or transfer to another application and/or website any constituent element or datum of the Website.
Any reproduction of the brands and/or logos featured on the Website, by any means whatsoever, without the Publisher’s prior, written permission, is strictly forbidden. Any breach of the foregoing provisions shall be an act of infringement for which the perpetrator may incur criminal and/or civil liability.
ARTICLE 10 – CHANGE TO THE SERVICE OR TERMS
The Publisher undertakes to inform the User of any change to the Terms by any means at its discretion. Any connection to the Website/Account after the Web user and/or User has been informed of changes to the features of the Website or to the Terms shall carry acceptance of the changes made.
Out of concern to adapt to changes made to the Website and/or its operation, the Publisher reserves the right to unilaterally modify these Terms and the Services provided on the Website without notice. The version of the Terms accepted by the Web user and/or User contains all the obligations between the Publisher and the Web user and/or User relative to the Services provided by the Publisher and shall supersede any prior representation, undertaking, written or verbal communication, acceptance, contract or agreement concerning the supply of the Services by the Publisher. The Web user and/or User may access the Terms at any time from the Website on a dedicated page.
ARTICLE 11 – CLAIMS
The Web user and/or User may send any claim by email to the following address: firstname.lastname@example.org.
ARTICLE 12 – PROOF
It is expressly agreed between the Web user and/or User and the Publisher that only the Publisher’s computer systems and files shall serve as proof. The computerized records stored in the Publisher’s computer systems in reasonable conditions of security and reliability shall be deemed proof of contacts and communications between the Publisher and the Web user and/or User.
Accordingly, it is agreed that, except for an obvious error, the Publisher may rely on, and be held admissible in any legal proceedings to rely on the production, particularly in order to furnish evidence of any act, event or omission, of programmes, data, files, records and other elements (such as reports or other statements) in or on a computer or electronic format or medium created, received or stored directly or indirectly by the Publisher and particularly in its computer systems.
ARTICLE 13 – TERM
These Terms and Conditions of Use shall apply from 07/01/2019 for an indefinite term.
ARTICLE 14 – SEVERABILITY
Should any provision of the Terms be considered invalid or inapplicable for any reason, said provision shall be corrected to the extent required to render it applicable. Furthermore, should any provision of the Terms be held to be invalid or inapplicable, the other clauses will retain their full force and effect.
ARTICLE 15 – GOVERNING LAW AND JURISDICTION
The Terms shall be exclusively governed by and construed in accordance with the laws of France. Any dispute arising out of or in connection with the construction, performance or non-performance hereof or the participation in Games shall be submitted to the competent courts appointed in accordance with the provisions of the French Code of Civil Procedure.