1. SUBJECT MATTER AND SCOPE
1.1 CARMILA, limited company with share capital of €875,389,008.00, domiciled at 58 Emile Zola Avenue, Boulogne-Billancourt (92100), registered at the Nanterre Register of Commerce and Companies under number 381 844 471 (“CARMILA“, “we“, “us“, “our“) is the publisher of the CARMILA website accessible at https://www.carmila.com (the “Website“) website that users can visit to discover the services we offer and contact us (the “Services“).
We have written these Terms and Conditions of Use (hereinafter referred to as the “Terms and Conditions” or the “Ts & Cs“) so that you are aware of the rules and operation of the Website. These Terms constitute a legally binding contract between you (“the User“, “you” or “your“) and CARMILA. Please read them carefully.
1.2 By using this Website, you accept the Terms and Conditions without reservation. You are required to refer to the version of the Terms and Conditions available online on the date you access and use the Services.
We inform you that the only applicable version of the Ts & Cs is the one that is accessible via https://www.carmila.com/en/general-conditions-of-use/
2. WEBSITE ACCESS AND SERVICE DESCRIPTION
2.1 Website Access
To access and use the Services provided by the Website, you confirm that:
- you have the ability to engage with CARMILA;
- you are 18 or older. If you are under the age of 18, you confirm that you have the prior permission of the holder of parental authority to use this Website. This authorisation may be requested by our services;
- You agree to comply with these Terms and Conditions and all applicable local, national and international laws, rules and regulations.
2.2 Service Descriptions
The Website is a website that allows the User to discover CARMILA, its offers, its news, and its shopping centres, but also to contact us about our offers and to apply online.
3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
3.1 Access to Services
You may freely access and use the Website.
You are responsible for taking out an internet subscription and other charges associated with your use of our Website.
3.2 Contact CARMILA
The sending of a request on the Website implies that the User must provide personal information such as the name, first name, telephone number, email address and any other data required to respond to the User’s request.
The User may also apply on the Website for job offers published by CARMILA. By submitting an application, the User provides personal data.
To subscribe to the Smart Shopping newsletter, which is linked to the Website, the User must fill in his email address. The User is also invited to visit the website https://smart-shopping-news.carmila.com which is not subject to these Terms and Conditions but to its own Terms and Conditions of Use.
3.3 User rights
CARMILA grants the User a personal, non-transferrable, non-exclusive, revocable and non-sub-licensable licence for the access and use of the Website. The sole purpose of this licence is to enable you to use the Website in a manner that complies with these Terms and Conditions.
Any action going beyond these rights of access and use and in particular any reproduction, making available to third parties, illegal downloading constitutes an act of infringement. The User agrees not to use or implement a robot or any other automated means to access the Website and/or the content, and more generally not to attempt to interfere with the operation of the Website.
Except as expressly permitted by law, the User shall not, nor permit others to modify, adapt, translate, reverse engineer, decompile or disassemble the Website or any of its elements or create derivative works.
3.4 Obligations of Users
The User is solely responsible for the entry of his information in connection with his requests, CARMILA cannot be held responsible for any erroneous information.
CARMILA supports and defends values of tolerance, diversity and respect for others.
The User agrees to respect these values when using the Website. In particular:
- not to use discriminatory, racist, xenophobic, anti-Semitic, insulting, malicious, obscene, unlawful or other violent or pornographic content, or to publish any content contrary to public order or morals in any manner whatsoever in connection with its navigation and use of the Website;
- not to disseminate content that may be harmful, defamatory, unauthorised, malicious or that infringes on privacy or the rights of publicity, incites violence, racial or ethnic hatred or may be characterised as gross indecency or incitement to commit certain crimes or offences;
- not to impersonate or misrepresent your affiliation with another person or entity;
- not use the Website for political, propaganda or proselytising purposes;
- not to infringe the intellectual property rights of CARMILA on the Website and its elements;
- not to spam, intimidate, solicit or otherwise divert the Site from its intended purpose;
- not to carry out illegal activities, by disseminating content (photographs, images, texts, videos) representing minors in any way;
- to report inappropriate content to CARMILA.
You remain solely responsible for your use of the Website. CARMILA shall not be liable for any loss or damage resulting from the use of the Website by the User or any third party (authorised or not).
4. CARMILA'S OBLIGATIONS
4.1 CARMILA undertakes to make its best efforts to ensure permanent access to the Website, its Services and its functioning.
However, CARMILA cannot be held responsible for the unavailability of the Website or a Service in case of events such as:
- Website maintenance, including where the maintenance is performed by third parties;
- the occurrence of an unpredictable, insurmountable and external event (force majeure);
- internet network failure.
The User is also informed of the risks inherent in the use of the Internet, in particular in terms of lack of security in the transmission of data and the unguaranteed continuity of access to the Website and its content. CARMILA shall not be held liable for any such risks and their consequences, which are detrimental to the User, regardless of their magnitude.
It is the responsibility of each User to take all appropriate measures to protect his or her own data, software and hardware from contamination by viruses or other forms of attacks that may circulate on the Website.
4.2 CARMILA reserves the right, at any time, to modify all or part of the Website and its features, to modify or to propose new content and Services. In particular, CARMILA may update the content according to the evolution of legal provisions or good current practices.
Any new functionality will be subject to these Terms and Conditions.
CARMILA informs the User, who accepts, that it subcontracts the hosting of the Website to the company OVH whose servers are located in France.
In the event that a security breach detected by CARMILA is likely to seriously compromise the security of the Website, CARMILA may, without notice, temporarily interrupt access to the Website in order to remedy the security breach as soon as possible. In this case, the User will not be able to claim any compensation or liability for CARMILA for any reason.
5. CARMILA'S INTELLECTUAL PROPERTY
All intellectual property rights relating to the Website and its content (texts, images, videos, databases, sounds, photographs, trade names, logos, trademarks, etc.) are and remain the property of CARMILA and/or its subsidiaries, or are subject to licences and/or authorisations granted to us by third parties. The User agrees to respect Carmila’s intellectual property rights as well as the rights of third parties.
The User is only authorised to use the Website and its content in accordance with the Terms and Conditions. The User may not reproduce, make available to the public, execute, publish or modify any part of the Website and its content without CARMILA’s prior written consent.
6. LINKS TO THIRD-PARTY SITES
6.1 The Website may contain links to other third party sites and data, these links will only be provided for information purposes, without CARMILA having any control over the content or data of these sites.
Since CARMILA cannot control these external sites and sources, it cannot be held responsible for making these external sites and sources available, and cannot bear any responsibility for the content, advertisements, products, services or other material available on or from these external sites or sources.
6.2 In addition, CARMILA shall not be liable for any damage or loss that is or is alleged to be caused, as a result of or in connection with the use of, or reliance on, the content, goods or services available on, or from, these external sites or sources.
7.1 General liability
CARMILA strives to keep the Website in working order and without interruption or suspension. But we cannot promise a continuous operation of the Website without any problems.
The User also acknowledges that the Website is provided “as is” and “as available” without warranty of any kind. In addition, although CARMILA strives to provide a good experience to the User, we cannot affirm or guarantee that: (a) the Website will always be secure or without error or alteration; (b) The Website will always operate without delay, disruption or imperfection.
Within the limits permitted by applicable laws, the User expressly acknowledges that CARMILA’s liability cannot be sought in any case where:
- access to the Website is suspended due to maintenance;
- performance is reduced or the Website is temporarily or permanently unavailable;
the Website is interrupted;
- anomalies occur;
- there are inaccuracies or omissions relating to information available on the Website;
- damage results from a fraudulent intrusion by a third party which has led to a change in the information made available on the Website;
- any damage occurs resulting from a fault, misuse of the Website or negligence on the part of the User;
- and more generally, there is an inability to access the Website, the Internet network malfunctions, there are anomalies, viruses or the credit given to any information coming directly or indirectly from the Website.
CARMILA WILL NOT BE RESPONSIBLE FOR INDIRECT DAMAGE SUCH AS LOSS OF PROFITS OR REVENUES, OR LOSS OF DATA, OF USE, OF CUSTOMERS OR OTHER IMMATERIAL LOSSES. IN THE EVENT OF A BREACH OF THESE TERMS AND CONDITIONS, CARMILA’S OVERALL RESPONSIBILITY FOR ALL CLAIMS RELATING TO THE WEBSITE WILL BE LIMITED TO EUR 1,000.
CARMILA’S LIABILITY SHALL NOT BE LIMITED TO DEATH, PERSONAL INJURY RESULTING FROM THEIR OWN ACT OR NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; OR ANY OTHER LIABILITY TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY LAW.
IF THE LAW OF THE COUNTRY IN WHICH YOU LIVE DOES NOT PERMIT THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THESE EXCLUSIONS SHALL NOT APPLY.
8. APPLICABLE LAW AND COMPETENT JURISDICTION
8.1 These Ts & Cs, their formation, interpretation, execution, termination or expiry are governed by French law.
8.2 IN THE EVENT OF A DISPUTE, PLEASE CONTACT CARMILA’S CUSTOMER SERVICE DEPARTMENT IN THE FIRST INSTANCE BY E-MAIL AT: firstname.lastname@example.org. ANY DISPUTE BETWEEN CARMILA AND THE USER ARISING FROM THE INTERPRETATION, EXECUTION OR TERMINATION OF THESE TERMS AND CONDITIONS WHICH CANNOT BE RESOLVED AMICABLY SHALL BE SETTLED BY THE COMPETENT COURTS WITHIN THE JURISDICTION OF THE COURT OF APPEAL OF VERSAILLES, NOTWITHSTANDING ANY INCIDENTAL CLAIM OR WARRANTY, OR IN THE EVENT OF MULTIPLE DEFENDANTS.
9.1 These Terms and Conditions constitute the entire agreement between the parties and supersede and supersede any other documents exchanged or agreements, written or oral, previously concluded between the parties.
9.2 If CARMILA does not take advantage of or apply any of the provisions of the Ts & Cs, this cannot be interpreted by the User as a waiver of those provisions.
9.3 We reserve all rights not expressly granted to you.
9.4 You may not transfer any of your rights or obligations under these terms without our consent.
9.5 These Ts & and Cs may be amended by CARMILA to take into account, in particular, regulatory changes, improvements to the Website, and changes in circumstances. The User is invited to visit this page regularly.