LEGAL NOTICE AND GENERAL CONDITIONS OF USE OF THE PORTAL
GENERAL PROVISIONS – LEGAL NOTICES
Sodexo Sports et Loisir SAS
A Simplified Joint Stock company)
With a share capital of: 10,143,751 euros
Registered office: 6, rue de la Redoute - 78280 GUYANCOURT - FRANCE
Entered on the Trade Register of Versailles under number 311 160 592
VAT number: FR 57 311160592
Phone : +33 (1) 30 85 75 00
Email address: firstname.lastname@example.org
Director of publication: Franck CHANEVAS
BANKESS - SAS
Trade register number: 534776349
Head office: 40 rue Madeleine Michelis - 92200 Neuilly-Sur-Seine - France
Tel: 01 89 53 35
SPECIAL PROVISIONS – GENERAL CONDITIONS OF USE
PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE PORTAL. THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. YOUR ACCESS AND USE OF THE PORTAL, AS WELL AS ITS CONTENT, ARE SUBJECT TO THESE GENERAL CONDITIONS OF USE, AS WELL AS APPLICABLE LAWS AND REGULATIONS.
The terms defined below, both in the singular and plural, shall have the following meaning in the context of these General Terms and Conditions of Use:
- Contribution: all content (photograph, image, information, comments, etc.) that may be published, edited, labelled, shared, deleted and/or modified in the Portal by the User;
- GCU: these General Terms and Conditions of Use;
- Personal Data: any information relating to an identified or identifiable natural person; an identifiable natural person is one 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 elements specific to his physical identity, physiological, genetic, mental, economic, cultural or social (hereinafter referred to as "Data Subject");
- Publisher: the company or companies publishing the Portal mentioned in the Legal Notice above;
- Portal: this website and/or mobile application, as well as any sub-sites, mirror sites, portals and URL variations thereto;
- Sodexo: all companies controlled, directly or indirectly, within the meaning of Article L.233-3 of the French Commercial Code, by Sodexo S.A.;
- Users: people browsing or connecting to the Portal.
This Portal has been designed for the purpose of providing information to its Users.
Your access to and use of this Portal constitutes irrevocable and unreserved acceptance of these Terms.
The purpose of these General Terms and Conditions of Use is to define the terms and conditions of provision, access and use of this Portal.
The User is informed that he/she has the option of saving and printing these GCU using the standard features of his/her browser or computer. By using the Features, the User acknowledges having obtained from Sodexo all the necessary information regarding them.
The User is responsible for the use he/she makes of the information made available to him/her by Sodexo and must take into consideration all the warnings contained in these Terms and on the rest of the Portal.
INTELLECTUAL PROPERTY RIGHTS
The content of the Portal, as well as the trademarks, designs, models, animated or non-animated images, texts, photographs, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, design, know-how of Sodexo and all other content composing the Portal (the "Elements"). "), without this list being exhaustive, are the exclusive property of Sodexo or third parties who have licensed to Sodexo, and are protected by intellectual property rights that are or will be recognised by them under the laws in force.
Sodexo grants the User a free, personal, non-exclusive and non-transferable right to access and use the Portal and the Features for strictly private and non-commercial purposes, subject to the User's acceptance and compliance with these Terms. Any other rights are expressly excluded without Sodexo's express consent.
Consequently, the User shall refrain from any action and any act likely to directly or indirectly infringe the intellectual property rights concerning these Elements. Any downloading, reproduction, representation, adaptation, decompilation or total or partial deletion of all or part of the Elements are thus prohibited and would constitute an infringement punishable by the provisions of the Intellectual Property Code.
This authorisation is non-exclusive, free of charge and valid worldwide and for all legal periods of protection of applicable rights.
The insertion of hypertext links to all or part of the Portal is prohibited without the prior written authorisation of Sodexo.
The User undertakes to ensure that his/her Contributions in the Portal comply with all applicable laws and regulations. It is prohibited, without this list being exhaustive, to publish any Contribution whose content would or would be likely to harm:
- Public order or morality;
- The rights of third parties (image rights, privacy, etc.);
- To the intellectual property rights of any third party and/or Sodexo.
In this respect, the User undertakes to ensure that his/her Contributions are relevant to the context and must not contain subjective assessments and never excessive or insulting, nor show, directly or indirectly, any data considered sensitive (racial or ethnic origin, political, philosophical or religious opinions, trade union membership, data relating to health or sex life, offences, convictions, security measures).
The User declares that he/she accepts all civil and criminal responsibilities that would be the consequence of the publication in the Portal of his/her Contributions. In addition, the User indemnifies Sodexo against any action, of whatever nature, that may be brought against itby any interested person for non-compliance by the User with the foregoing provisions.
It is specified that in the event of non-compliance by the User with the provisions contained in this article, Sodexo reserves the right to remove from the Portal any disputed Contribution, notwithstanding the right of the User to suspend or terminate the User's access to the Portal without notice.
PROTECTION OF PERSONAL DATA
Some of the User's information may be collected when visiting the Portal to personalise and improve their experience. In this regard, BANKESS SAS, a Simplified Joint-stock company with a capital of 75,232 euros, registered with the RCS of NANTERRE, under number 534 776 349, whose registered office is located at 40, rue Madeleine Michelis – 92200 Neuilly-sur-Seine (hereinafter "BANKESS"), which makes this Portal available to Sodexo, is responsible for processing operations relating to the deposit and collection of information obtained via cookies. If you have any questions about the conditions under which your Personal Data is collected and processed in this context and to know in particular what your rights are (access, rectification etc.) and how to exercise them, please consult the Cookie Management policy..
CONDITIONS FOR MAKING THE PORTAL AVAILABLE
Sodexo uses all reasonable means to provide the User with continuous availability of the Portal.
Access to the Portal is free and open to any User with internet access. All costs relating to access, whether hardware, software or internet access costs, are the sole responsibility of the User. The User is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
Sodexo is also not responsible for the unavailability of the Portal in the event of maintenance, testing, security, repair or any other nature whatsoever.
However, Sodexo reserves the right, without notice or compensation, to temporarily or permanently close the Portal or access to one or more features, in particular to perform updates, maintenance operations, modifications or changes to operational methods, servers and hours of accessibility, without this list being exhaustive. Sodexo also reserves the right to suspend, interrupt or permanently terminate all access to all or part of the Portal in the event of force majeure, as defined by case law, or any other fact beyond its control.
The User acknowledges Sodexo's right to choose and/or modify at its convenience the infrastructure and/or country where the Portal will be hosted.
Anomalies - Malfunctions
Sodexo does not warrant that the Portal will be free of anomalies, errors or bugs, or that they can be corrected, that the Portal will operate without interruption or failure, or that it is compatible with any particular hardware or configuration.
Sodexo can in no way be held responsible for technical problems attributable to third parties, in particular in the event of malfunctions attributable to third-party software, whether or not incorporated into or provided with the Portal, or communication problems or unavailability of the Portal due to technical problems external to the Portal, in particular, they are due to:
- the User's equipment;
- Internet Service Provider;
- to the User's hosting provider;
- or resulting generally from a case of force majeure.
The User also declares to be aware of the characteristics and limitations of the Internet, in particular its technical performance, the response times for consulting, querying or transferring data and the risks related to the security of communications. It will be up to the User to ensure the possibilities of evolution of the computer and transmission means at his disposal so that these means can adapt to the evolutions of the Portal.
Sodexo shall not be liable for damages of any kind that may result from changes and/or temporary or permanent unavailability, total or partial, of the Portal or any functionality, regardless of its origin or source. In addition, in no event shall Sodexo, nor any of its subsidiaries, affiliates, officers or any other person accept liability for any loss, howsoever caused, arising directly or indirectly from the use or inability to use this Portal or the information contained therein, even if the Sodexo Group has been advised of such damages, and any such liability is hereby excluded. Because some jurisdictions prohibit the exclusion or limitation of liability or consequential or incidental damages, the foregoing limitation may not apply to the User.
Sodexo makes every effort to ensure that this Portal is free of viruses or defects. However, Sodexo cannot guarantee that the use of this Portal or any other website accessible through it will not cause damage to the User's computer. The User is responsible for ensuring that the appropriate equipment is available to use the Portal and filter out anything that could damage it. Sodexo shall not be liable to anyone for any injury or damage that may be caused to computer equipment as a result of the use of the Portal.
In the event of abnormal use or unlawful exploitation of the Portal by a User, the User shall remain solely responsible for damages of any kind caused to third parties and Sodexo and for the consequences, claims and/or actions that may result therefrom.
Furthermore, Sodexo shall not be liable in the event of "force majeure" as defined by applicable laws and French jurisprudence.
Modification of the GCU.
Sodexo reserves the right to modify, supplement or update all or part of the GCU at any time, in particular for the purpose of complying with any legislative, regulatory, technical and jurisprudential developments that may occur.
If any provision of these GCU (in whole or in part) is found to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable portion will be replaced by a valid provision of the same legal effect.
The failure of the parties to exercise their rights hereunder shall in no way be construed as a waiver of such rights.
Agreement on evidence
It is expressly agreed that, unless there is a manifest error established by the User or by Sodexo, the data stored in Sodexo's information system have probative value. Data concerning computer or electronic media stored by Sodexo constitutes evidence and, if produced as evidence in any contentious or other proceedings, it will be admissible, valid and enforceable between the parties in the same manner, under the same conditions and with the same probative force as any document that would be drawn up, received or retained in writing.
These General Conditions of Use, and any extra-contractual obligation arising from them, shall be governed by and interpreted in accordance with French law.