Terms and Conditions of Service

General Terms of Service

Referencing on the site
https://www.voyage-sejour-vol-martinique.com

Preamble

Altosor, a simplified joint stock company (SAS) registered in the Paris Trade and Companies Register under no. 884 228 412, whose registered office is located at 128 rue de la Boétie 75008 in Paris (hereinafter referred to as “Altosor”). the Company “), offers a referencing service on the site https://www.voyage-sejour-vol-martinique.com (hereinafter ” the Site “) to legal entities located in Martinique and wishing to increase their visibility on the web.

The present General Terms of Service (hereinafter ” the GTS “) detail the conditions under which the Company offers access to these services.

Any legal entity wishing to use these services acknowledges having read, understood and accepted without reservation the entirety of these GTC.

Article 1- Definitions

In addition to the terms defined in the body of the CGS, the following terms are defined as:

Subscription: The subscription taken out by a Partner allowing him to benefit from a referencing offer on the Site.

Agenda Agenda : means the agenda published on the Site, listing a selection of upcoming Events in Martinique.

Directory means the directory published on the Site, listing a selection of establishments located in Martinique.

Advertisement has the meaning set forth in Section 6.2.

Content Content: has the meaning set forth in Section 6.1.

Member Space: means the personal space made available to each Partner on the Site.

Partner means the company having for activity the sale of goods or services, established in Martinique or in connection with Martinique, having subscribed a Subscription in order to be referred on the Site.

Article 2- Description of the Services

Depending on the type of Subscription subscribed, the Company allows Partners to access referencing and promotion services on the Site (hereinafter ” the Services “), such as

• Listing and optional highlighting of the Partner establishment in the Directory,
• The sharing of events organized by the Partner in the Agenda,
• The publication and optional highlighting on the Site of a presentation sheet of the establishment of variable length depending on the type of Subscription subscribed etc…

The Company offers several types of Services and Subscriptions according to the needs of each Partner. All the Services, Subscriptions and rates offered are detailed on the Site under the heading “Be Visible on VSVM”.

The Partner may request at any time a modification of its Subscription to a superior offer, provided that the desired modification is within the range of offers in effect on the day of this request for modification. This modification entails the conclusion of a new Subscription and commits the Partner for a new Commitment Period, as described in Article 3 below.

Article 3 – Duration

All Subscriptions are concluded for a fixed period of twelve months (hereinafter the ” Commitment Period “).

At the end of this Commitment Period, the Subscription will be automatically renewed by tacit agreement for periods of the same duration, unless one of the Parties sends the other, at least two (2) months before the end of the Commitment Period, an email notification of its intention not to renew the Subscription.

Any Subscription that is terminated during a calendar month will be billed on a prorated basis for the month that has passed.

Article 4 – Access to Services

4.1. Subscription subscription

To subscribe to a Subscription, the Partner must send the Company a duly completed and signed subscription form by email or post.

Upon receipt of this subscription form, the Company shall send the Partner an email confirming the activation of the Subscription and inviting the Partner to create a Member Area, under the conditions described in Article 4.2 below.

4.2. Activation of a Member Area

Upon activation of his Subscription, the Partner is invited to activate his Member Area on the Site by :

• • indicating a valid email address and by completing all the mandatory fields of the Member Area activation form;
  • choosing a login and a password, the latter should be as complex as possible and ideally contain letters, numbers and special characters.

The Member Area allows the Partner to publish Content directly in the Agenda, subject to compliance with the conditions detailed in Article 6.1 below.

Article 5 – Financial conditions

Subscriptions are billed on a monthly basis.

The Company’s Invoices are payable upon receipt, in Euros and by bank transfer.

In any event, the Partner undertakes to pay the invoices corresponding to the Company’s services at the latest within eight (8) days of receipt of the Company’s monthly invoice.

Any unpaid invoice on its due date will result in the application of late payment penalties calculated by applying the legal interest rate of the European Central Bank in force increased by 10 points on the amount of the said invoice, as from the first day of delay, in addition to an indemnity of 40 € for collection costs.

Services not used by the provider (such as highlights or posts) during the contract period will not be refunded.

Article 6: Responsibilities of the Partner

6.1. Responsibility of the Partner with regard to the Content published on the Site

As part of the use of the Services, the Partner is required to create, upload and distribute content directly on the Site, such as text, hyperlinks or photographs, in particular when it publishes an event in the Agenda (hereinafter ” the Content(s) “).

When it publishes Content directly on the Site, the Partner acts as a publisher and is then solely responsible for said Content. Thus, the Partner is prohibited from posting, uploading, publishing, submitting or transmitting any Content that is : (i) not related to the purpose of the Site; (ii) fraudulent, false, misleading or deceptive; (iii) defamatory, libelous, obscene, pornographic, vulgar or offensive; (iv) incites discrimination, bigotry, racism, intolerance, hatred, harassment or harm against any individual or group; (v) violent or threatening or would promote violence or threatening acts against any person or animal; (vi) of such a nature as to encourage the activities or use of illegal or dangerous substances; or (vii) contrary to these TOS.

In the event of a need to update Content published on the Site, it is the Partner’s responsibility to make any appropriate changes without delay.

The Partner is solely responsible for any damage that may result from the publication of Content on the Site.

6.2. Responsibility of the Partner with regard to the Advertisements published on the Site

As part of the use of the Services, the Partner is required to draft and then transmit to the Company one or more service offers so that the Company can publish them on the Site (hereinafter the “Advertisements “).

The Advertisements are thus subject to a formal and technical verification by the Company, prior to their publication on the site

However, this control is strictly limited to the verification of the adequacy and consistency of the Ad.

On the other hand, the Company does not control the legality, accuracy and timeliness of the Advertisements, so that it cannot be held liable in case of dissemination of erroneous, misleading, illegal or obsolete information in an Advertisement, the Partner being solely responsible for bearing the consequences of such publication.

The same applies when the Partner subscribes to the Company’s assistance option for the drafting of its Advertisements, the latter then remaining solely responsible for the accuracy, completeness and timeliness of the information submitted to the Company for the purpose of drafting an Advertisement.

In the event of a need to update an Ad published on the Site, it is the Partner’s responsibility to inform the Company without delay and to request, under its sole responsibility, any appropriate modification, which will be invoiced at a flat rate of 15 euros excluding VAT.

6.3. Intellectual Property

The Partner certifies that it has all intellectual property rights and/or all authorizations required for the publication and reproduction of Content and Advertisements on the Site. The Partner shall thus be solely responsible in the event of a possible claim by a third party who considers itself to be injured as a result of the publication of Content or an Ad.

By submitting Advertisements to the Company for posting on the Site, the Partner expressly grants the Company an irrevocable, transferable, royalty-free license to use said Advertisements, including the trademark(s) and logo(s) used by the Partner, for the purpose of authorizing the Company to reproduce, adapt, edit and distribute them on the Site without time limitation.

Article 7 – Responsibilities of the Company

7.1. Moderation
a posteriori
of the Contents and Advertisements

The Company, in its capacity as host, reserves the right to delete from the Site any Content or Advertisements if it appears, at its sole discretion, that they do not comply with the provisions of these GTC, without its liability being incurred in any way in this regard.

7.2. Evolution of Services

The Company reserves the right to make at any time to the Site, the Services and these TOS, all modifications and improvements that it deems necessary or useful, or to comply with changing legislation.

7.3. Access to the Site

Subject to the provisions of this section, the Site is available 24 hours a day, 7 days a week, year round.

Access to the Site requires a broadband Internet connection.

The Company cannot guarantee that access to the Site will be uninterrupted, given the technical difficulties inherent in the Internet network. As a result, it cannot be held responsible, in particular, in the event of malfunctioning in access to the Site or temporary slowdown in the opening speed of the Site pages.

Furthermore, the Company shall not be held responsible for any malfunction or deterioration of the Partner’s computer equipment, for example due to contamination by a virus.

The Company may be required to carry out maintenance operations on the Site and it is understood that its liability cannot be incurred in the event of temporary suspension of access to the Site as a result.

7.4. Retention of Content and Advertisements upon termination of the Subscription

Unless the Partner disagrees, the Company has the right to keep the Content and Advertisements published on the Site as part of a Subscription online after the Subscription has ended.

Article 8 – Resolutive Clause

The Subscription may be terminated at any time, with one (1) month’s notice, by either Party in the event of a material breach by the other Party of any of the provisions hereof.

Article 9 – Intellectual Property

All the elements that make up the Site (texts, videos, sound recordings, comments, trademarks, trade names, domain names, drawings, images, graphic charter, logos, photos, databases, etc.) are strictly protected by intellectual property law and are the exclusive property of the Company and/or its commercial partners.

Any reproduction or representation, in whole or in part, of the Site and/or of one or more of its elements is strictly forbidden, except with the prior written authorization of the Company.

Article 10 – Independence of the Parties

The Company and the Partner declare that they are fully independent of each other, each assuming the risks of its performance and obligations.

Nothing in these GTC shall be construed to mean that there is any relationship of subordination between the Company and any Partner, any de facto or joint venture or any agency.

Article 11 – Agreement of proof

The writing in electronic form will be an admissible mode of proof of the rights and/or obligations of the parties to the present GCS.

The computerized registers, kept in the Company’s computer systems under reasonable security conditions, are considered as proof of the communications made through the Site.

Article 12 – Applicable law and disputes

The present TOS are governed by French law.

Any dispute arising from the formation, interpretation or execution of these GTS will be under the exclusive jurisdiction of the courts of Paris, notwithstanding multiple defendants or warranty claims.

Article 13: Data protection

Any information transmitted between the Company and the Partner that would contain, in any capacity whatsoever, elements recognized by law or jurisprudence as related to privacy or of a personal nature or data that would allow the identification of individuals and/or third parties may only be used for the sole purpose of performing the Services, in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

Last update: June 2020