CGU - Condiciones generales de utilización
General conditions of USE AND ONLINE SUBSCRIPTION
These General Conditions are proposed by MONTAGNE EXPANSION SAS, a french company with a capital of 30 000 €, registered in the Grenoble Trade and Companies Register under number 351 775 036 having its registered office 6, Avenue de l’Europe 38029 Grenoble Cedex 2 France.
The web sites operated by MONTAGNE EXPANSION Group (« Sites ») give you the opportunity to access and consult free of charge some information available at the time of your connection. They also allow you to purchase subscriptions on line and to benefit from services giving you differentiated access to information.
I - Purpose
These General Conditions are defining the conditions under which you may purchase subscriptions and access to information and services proposed by MONTAGNE EXPANSION.
By accessing or using these Sites, you agree without restriction to be bound by these General Conditions. If you do not agree to follow and be bound by any of these Conditions, you shall cease to access or use these Sites.
If you purchase subscriptions to information and services proposed by the Sites the validation of your order constitutes your full acceptance of these General Conditions.
II – Description of the proposed subscriptions
An individual subscription to Pack Monde entitles you to the paper version of the magazines Montagne Leaders, Andes Líderes and Montagne Ambition together with a username and a password for a personal access to Montagne News – La Lettre éco of Montagne Leaders for the selected subscription period (1 year).
An individual subscription to Pack Leaders entitles you to the paper version of the magazine Montagne Leaders together with a username and a password for a personal access to Montagne News – La Lettre éco of Montagne Leaders for the selected subscription period (1 or 2 years).
An individual subscription to Pack Lideres entitles you to the paper version of the magazine Andes Lideres for the selected subscription period (1 or 2 years).
An individual subscription to Pack Ambition entitles you to the paper version of the magazine Montagne Ambition for the selected subscription period (1 or 2 years).
The subscription to Pack Monde » or to « Pack Leaders » give you access to all the last issues of Montagne News – La Lettre éco de Montagne Leaders published online and allows you to receive personalized email alerts.
The consultation in exclusivity of the last 2 on line issues of Montagne News – La Lettre éco de Montagne Leaders is subject to the individual subscription to one of these Packs. The previous issues are freely accessible by any internet user.
These services may be complemented by other services as described on the Sites. The subscriptions are effective upon validation of your online subscription and are not automatically renewed at the end of their term.
MONTAGNE EXPANSION proposes special offers to companies (on behalf of subsidiary and not of parent company) students (on presentation of documentary evidence) and subscription agencies.
Par any further information or subscription to these offers, please contact MONTAGNE EXPANSION at email@example.com
III – Account and access code
In order to purchase a subscription online through the Sites you shall create an account with an associated username and password.
These username and password are confidential and shall not be shared or disclosed to a third party. You can modify them in your account.
MONTAGNE EXPANSION shall not be held liable to you or to a third party for any direct, indirect or consequential damages suffered by you or a third party arising out a fraudulent access to your account or a disclosure of your login.
You hereby represent and warrant that all information you submit is truthful and accurate and that you will maintain the accuracy of such information and modify it in your account., as the case may be, and if needed.
IV – Order Processing
After having created your account, selected your subscription and read these General Conditions, you will have to authenticate yourself by filling a subscription form online.
The access to the summary of your curent order allow you to view and to rectify, as the case may be, the subcribed offer and the entered data before final validation of your order.
You will receive by return of email at the adress indicated in the subscription form an acceptation of your order and an acknowledgement of the transaction.
The subscription will be effective only after receipt and validation of full payment. Upon receipt of your payment you will receive by email a confirmation of your subscription together with the arrangements for access to the Sites and the invoiced amount.
MONTAGNE EXPANSION reserves its right to reject or cancel an order in case of payment issues concerning a previous order without entitling you to any compensation whatsoever.
IV bis – Rights of withdrawal
In accordance with the provisions of Section 121-20-2 of French Consumer Code, since the services are consisting in the delivery of newspaper and magazines you, as consumer, will not be entitled to exercise a right of withdrawal as set forth in the French Consumer Code.
V – Prices and payment conditions
All prices are expressed in euros inclusive of taxes.
Any order, regardless of its origin shall be paid in euros.
MONTAGNE EXPANSION reserves its right to modify the prices at any time
The services are always invoiced on the basis of the price list in force at the time of the order Registration.
The payment is made by credit card : all french credit cards and American Express, Eurocard / Mastercard and Visa international are accepted.
The price shall be paid automatically by credit card in accordance with the payment procedure as described during the ordering process.
For all transactions MONTAGNE EXPANSION is using the secured payment system called Cyberplus Paiement Net proposed by la Banque Populaire des Alpes including 3D Secure, the security protocol for online payments designed and implemented by the international networks Visa et MasterCard and also by the “Groupement des Cartes Bancaires”.
VI – Personal data and privacy
MONTAGNE EXPANSION respects the privacy of its users and customers and comply strictly with all applicable laws on privacy and civil liberties protection.
In accordance with the Act n°78-17 of 6 January on Information Technology, Data Files and Civil Liberties the processing of personal data by the Site has been subject to a simplified notification to the French Data Protection Authority (« Commission Nationale pour l'Informatique et les Libertés (CNIL).”
You acknowledge and accept that MONTAGNE EXPANSION, to the extent necessary to process transactions or for statistical purposes, may collect certain personal information about you or non-personnaly identifiable connection information such as IP address, or your usage history (duration and date) of the Sites and their Web pages, when you are visiting or consulting such Sites.
MONTAGNE EXPANSION is collecting or processing personal data about you or customers only to the extent necessary to the supply of the services or subscription proposed by the Sites.
Furthermore, your web browser has a function called “cookies” that downloads a small text file on your computer when you visit our Sites. A cookie alone does not give any information about you. It is a piece of information concerning your computer and browser that is recorded when you visit our Sites (the pages that you have viewed, the date and time of the viewing, etc.).
This information remains in your computer only for the time that you spend on our website.
The cookies disappear when you close your web browser.
On the other hand the subscription makes necessary the activation of cookies on your computer. Otherwise the service could be unavailable. The acceptation of cookies is necessary for the subscription through the Sites of MONTAGNE EXPANSION
MONTAGNE EXPANSION shall not disclose to any third party your personal information except upon request of competent authorities.
You have the right to access, modify, correct or delete the information that you provide to us through the Sites by sending to MONTAGNE EXPANSION an email at firstname.lastname@example.org or by mail : 6 Avenue de l’Europe – 38029 Grenoble Cedex 2 France.
MONTAGNE EXPANSION reserves its rights to inform its customers by email about the modification of its services or commercial offers.
Even, if you have accepted to receive from MONTAGNE EXPANSION or its partners promotional messages you may withdraw your consent to receive such promotional messages ay any time, when creating your account or taking out your subscription or thereafter at any time by accessing to your account, by email or mail.
VII – Intellectual Property Rights
All Site content available for free or by subscription such as but not limited to the graphic design, logo, texts, pictures, photos, database including software code and /or the technologies related to the Sites is owned either by MONTAGNE EXPANSION or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, modify, publish, copy, , republish, upload, post, transmit or distribute in any way, in whole or in part, any document, data, design, picture including any software code without the prior written approval of MONTAGNE EXPANSION. You may download, display and print the content from the Sites for your own personal, non-commercial use only, provided that the content is not modified in any way and that you keep intact all copyright and other proprietary notices
All of the trademarks, service marks and logos displayed on this Site (the "Trademark(s)") are registered and unregistered trademarks of MONTAGNE EXPANSION, or third parties. Nothing contained in these Sites should be construed as granting any license or right in and to the Trademarks without the express written permission of MONTAGNE EXPANSION or the concerned third party.
VIII - Warranty – Limitation of liability
MONTAGNE EXPANSION shall use its best efforts to secure the access, the consultation and the use of the information in accordance with the internet usage rules. The Sites are accessible 24 hours a day, seven days a week except in case of force majeure or occurrence of an event beyond the control of MONTAGE EXPANSION and notwithstanding breakdowns that may occur or maintenance interventions required to ensure the proper functioning of the Sites. Maintenance interventions may take place without your prior notice. MONTAGNE EXPANSION shall only be liable for an evidenced default.
You declare that you are entirely familiar with the features and constraints of Internet and, in particular, you are aware that it is not possible to warrant that the transmission of data and information over Internet will be fully and permanently secure and reliable. MONTAGNE EXPANSION does not warrant that the services will be available at all times and will be uninterrupted or error free.
Similarly, MONTAGNE EXPANSION is not liable for a dysfunction, inability to access to the service or adverse conditions of use of the Site for reasons beyond its control, such as but not limited to traffic congestion on internet network, inappropriate equipment of the user or default of the internet provider.
You declare and agree that MONTAGNE EXPANSION is not liable for any errors or omissions in the content of the Site or any direct or indirect damages arising out the use of such content.
The contents of the Sites are compliant with the applicable laws in France. MONTAGNE EXPANSION disclaims any liability in case of non compliance of any content with the laws of the countries where the services and subscription are purchased.
All information and data published in publications issued by MONTAGNE EXPANSION are provided for information purposes only. MONTAGNE EXPANSION shall not be held liable for any direct or indirect damages arising out errors, omisions or delay in the communication of such information or the publication of such information on the Sites, for free or by subscription.
IX – Links to Other Websites
This Site may contain references or links to other Web sites that are not been designed by MONTAGNE EXPANSION. These references and/or links to the third party sites do not imply any review or endorsement of the material on these third party sites. You shall use these information critically and discerningly. MONTAGNE EXPANSION shall not be held responsible for the information, opinions and recommendations made by third parties.
The liens cannot be controlled by the employees of MONTAGNE EXPANSION. However, if MONTAGNE EXPANSION is informed that a lien posted in any pages of the Sites links to a third party sites containing unlawful content, such lien will be deleted.
Any linking to our Sites shall require MONTAGNE EXPANSION prior written approval
X - Miscellaneous
MONTAGNE EXPANSION shall be liable for a failure to fulfill its obligations insofar as any such failure arises by reason of force majeure
A force majeure event shall mean an event beyond the reasonable control of any party, unforeseeable, uncontrollable and independent such as but not limited to natural disaster, labour related difficulties, strikes, riot, embargo, war lock out.
These General Conditions may be updated or modified at any time without prior notice. For this reason, MONTAGNE EXPANSION recommends you to review them regularly.
These General Conditions represent the entire agreement between you and MONTAGNE EXPANSION.
XI – Applicable law – Jurisdiction
These general conditions shall be in all respects governed by and construed in accordance with the laws of France.
ANY LITIGATION ARISING OUT OF THE INTERPRETATION AND/OR EXECUTION OF THESE GENERAL CONDITIONS SHALL BE FINALLY SETTLED BY THE COMMERCIAL COURT OF GRENOBLE NOTWITHSTANDING THE CASE OF PLURALITY OF DEFENDANTS OR EMERGENCY OF PROTECTIVE PROCEEDINGS.