General Conditions of Use
Updated on September 14, 2020
- These general conditions of use govern all relations between the website at https://horizons.carrefour.com/published by Carrefour France (hereinafter referred to as Carrefour), whose identity and contact details are specified in the ‘legal notices’ section, and the Internet user.
- Any Internet user wishing to use the website at https://horizons.carrefour.com/ is deemed to have read these general conditions of use.
- These general conditions of use 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 at https://horizons.carrefour.com/.
- 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.
6. The terms defined below shall have the following meanings for the Parties:
- ‘Internet’: a network enabling the exchange of information based on a protocol known as ‘TCP/IP’. Data is transmitted via different types of networks capable of interpreting messages based on said technical standard. Each component of said network is the property of a private- or public-sector body operating on a cooperative basis, where said cooperation does not necessarily imply any bilateral obligation regarding quality;
- ‘Internet User’: any person accessing and using the features of this Website;
- ‘Party/Parties’: in the singular, Carrefour or the Internet User, and in the plural, Carrefour and the Internet User together;
- ‘Regulations on the protection of personal data’:
- the French Data Protection Act, Law 78-17 of 6 January 1978 as amended, together with all updates and changes made thereto; and
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation);
- Blog: website published by Carrefour, accessible at the URL https://horizons.carrefour.com/.
2. Purpose and description
7. The purpose of these conditions is to lay down the conditions of use of the Website and all the pages thereon.
8. This Website allows Internet users to:
- read articles on digital and technological news written by the Carrefour Group’s collaborators;
- apply to participate in the writing of articles published on the Website.
- As it is not a commercial website, there are no general conditions of sale or references to payment method security.
3. Entry into force – Duration
10. These general conditions of use come into force on the date they are published online and will be enforceable on the date of the first use of the Website by the Internet User.
11. These general conditions of use are enforceable throughout the duration of use of the Website and until they are replaced by new general conditions of use.
12. The Internet User may stop using the Website at any time but remains responsible for any previous use.
4. Website access
4.1 General access
- Access to the Website is free. In principle, it is open for access 24 hours a day/7 days a week.
- Carrefour strives to provide quality access and to enable Internet users to use the means of communication made available to them under the best possible conditions.
- Owing to the nature and complexity of the Internet network, in particular its technical performance and response times for consultations, queries or transfers of data, Carrefour makes its best efforts, in accordance with good practice, to allow access to and use of the Website. Indeed, Carrefour shall strive to ensure absolute accessibility or availability of the Website.
- However, Carrefour reserves the right, without notice or compensation, to temporarily or permanently shut down the Website, especially for updates, maintenance operations, modifications or changes to operational methods and servers, where said list is not to be considered complete.
- 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 to complete or modify the Website and the services available thereon at any time in keeping with the evolution of technology.
- The Internet User is responsible for ensuring that the computer resources and means of transmission available to him/her are capable of evolving and adapting to any changes made to the Website.
5. Hypertext links
20. Carrefour reserves the right to set up hyperlinks on its Website to provide access to pages other than those on its Website, over which Carrefour has no control.
21. Carrefour declines all liability for the conditions of access to said pages, their operation, how they use Internet users’ personal data and the content of the information provided on the pages to which the hyperlinks point.
22. Internet users who have a personal website and wish to place a simple, direct link to the home page of the Website on their own website, for personal purposes, must obtain express authorisation to publish said link from Carrefour.
23. Under no circumstances shall said authorisation be considered an implicit agreement of affiliation.
24. In any event, hypertext links to the Website without Carrefour’s authorisation must be removed at Carrefour’s first request.
6. Personal data
- In accordance with the Regulations on the protection of personal data, the Internet user is informed that, as controller, Carrefour processes personal data.
- For more information on this processing of personal data and the extent of their rights, Internet users are invited to refer to the External Personal Data Protection Policy, accessible here.
8. Carrefour’s liability
8.1 General liability
- Carrefour hereby declines all liability for the following:
- Website quality, the Website being made available “as is”;
- disruption to use of the Website;
- impossibility of use of the Website;
- breaches of IT security causing damage to Internet Users’ IT equipment or data; or
- any general violation of Internet Users’ rights.
8.2 Responsibility for the information on the Website
- Carrefour hereby declines all liability for any direct or indirect damage resulting from access to or use of the Website or any information it contains.
- Carrefour makes its best efforts to provide up-to-date information on its Website. All information provided to persons visiting the Website has been selected at a specific 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, has not been 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 these conditions.
- Carrefour hereby declines all liability for the appropriateness of the decisions made and methods of execution adopted by Internet users exclusively on the basis of the information published on the Website.
9. Obligations of the Internet User
34. 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 for a purpose in keeping with public order and decency and the rights of third parties.
35. Therefore, it is forbidden to use the Website to transmit content that is illegal, injurious, defamatory, pornographic, hateful, racist or otherwise offensive to human dignity in particular. Should Carrefour be informed of the presence of illegal content on the Website, said Party shall be entitled to remove the content immediately.
36. The Internet User also undertakes not to disrupt the use other Internet Users may make of this Website and not to access parts of the Website to which access is restricted.
10. Intellectual property
- The content of the Website, the general structure and the software, texts, images, whether animated or otherwise, photographs, know-how and all other elements of the Website are the exclusive property of Carrefour or third parties who have granted a licence thereto.
- These general conditions of use do not imply any transfer of any kind of intellectual property right on the elements belonging to Carrefour or on the elements of the partners or third parties who have granted Carrefour a licence. Such elements include audio, photographs, images, literary texts, artistic works, software, brands, graphic charters and 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 on the Website or the source code 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 infractor.
- Consequently, the Internet user is prohibited from any action and act likely to directly or indirectly violate Carrefour’s intellectual property rights.
- Where applicable, the foregoing also applies to the databases appearing on the Website, which are protected by the articles of the 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 Intellectual Property Code. Any total or partial reproduction of said distinctive marks made from elements of the Website without the express permission of Carrefour is therefore prohibited as provided in the Intellectual Property Code.
44 Only use in accordance with the purpose of the Website is allowed.
- Any other use not previously and expressly authorised in writing by Carrefour is prohibited and shall constitute an infringement.
46 The Parties mutually agree that the fact that one of the Parties tolerates a situation, regardless of the frequency and duration, does not grant the other Party acquired rights or modify these general conditions of use.
47 Moreover, such tolerance cannot be interpreted as a waiver of the rights in question.
48 In the event of difficulties of interpretation resulting from a contradiction between any of the titles of the clauses and the clauses themselves, the titles will be declared void.
- Should one or more clauses of these general conditions of use be deemed invalid or declared as such in application of a law or regulation or following a final decision handed down by a competent court, the other clauses will retain their full force and scope.
50 For the performance of this agreement and except for special provisions, the Internet User agrees to address all correspondence to Carrefour’s head office.
15. Applicable law
51. These general conditions of use of the Website are governed by French law.
52 This is the case for both the substantive rules and the formal rules, notwithstanding the places of performance of the substantive or ancillary obligations.
53 IN THE EVENT OF LITIGATION ARISING FROM THE INTERPRETATION OR PERFORMANCE OF THESE GENERAL CONDITIONS, JURISDICTION WILL BE DETERMINED IN ACCORDANCE WITH COMMON LAW.