GENERAL TERMS AND CONDITIONS OF USE OF THE SITES
ARTICLE 1 – PURPOSE
The purpose of these general terms and conditions of use (hereinafter, the 'GTCU') is to define the terms and conditions for making available the websites, software, web, and mobile applications (the 'Sites') published by the company SMEG Développement (' SMEG Développement '), and to define the conditions of access to and use of the same by any person using the Sites, whether identified or not (the ' User ').
These GTCU are referenced at the bottom of the Sites and may be consulted at any time. They may be amended at any time, in particular to take into account changes in the technologies used, the introduction of new services, and new regulations.
ARTICLE 2 – LEGAL INFORMATION
ARTICLE 3 – ACCESS TO THE CONTENT AND ACCEPTANCE OF THE GTCU
The Websites offered by SMEG Développement are accessible anywhere to any User with access to the Internet.
Any use of the Sites implies unreserved acceptance of these GTCU by the User. When accessing the Sites, Users undertake to read these GTCU carefully. If the User does not accept these GTCU, he/she must refrain from accessing the content of the Sites.
ARTICLE 4 – INTELLECTUAL PROPERTY
Sites
All elements of the Sites (texts, images, sounds, etc.) are and shall remain the exclusive intellectual property of SMEG Développement. Any reproduction (even partial), exploitation, redistribution, or use of the elements of the Sites, in any form whatsoever, is strictly prohibited and will be prosecuted to the fullest extent of the law.
Content
The User undertakes not to unduly appropriate, or attempt to appropriate any information or file content. The User's right of use includes viewing the information on screen and copying the documents made available, for strictly personal purposes.
Brands and logos
Trademarks, logos, and all other marks are protected by intellectual property law. Any representation, reproduction, or use, in whole or in part, of trademarks and logos using elements of the Sites without the express authorisation of SMEG Développement is prohibited.
ARTICLE 5 – PROCESSING OF PERSONAL DATA
ARTICLE 6 – LIABILITY
Use of the contents of the Sites
Users are solely responsible for their use of the Sites and for the direct or indirect consequences of such use. It is the User's responsibility to use this information in accordance with the use initially intended by SMEG Développement, with the regulations in force, and with these GTCU. SMEG Développement reserves the right to close the accounts of Users who do not comply with the GTCU.
Limited liability
Though the sources of the information published on the Sites are reputed to be reliable, SMEG Développement does not guarantee that the Sites are free from defects, errors, or omissions, and SMEG Développement cannot be held liable for the use and interpretation of the information contained on the Sites.
The graphic or photographic representations on the Sites are not of a contractual nature and may not be interpreted as exactly representing the services offered by SMEG Développement.
SMEG Développement cannot be held responsible for the inoperability, inability to access, or malfunctioning of the services of the User's internet service provider.
SMEG Développement is not responsible for the content of the hypertext links present on the Sites and which are managed by external entities not connected with SMEG Développement.
Under no circumstances may SMEG Développement be held liable for any damage whatsoever resulting from the use of the Sites. SMEG Développement may only be held liable for proven fault and for direct and foreseeable damage caused exclusively by a breach of its obligations.
Force majeure
SMEG Développement cannot be held liable in the event of force majeure.
ARTICLE 7 – DISPUTES
These GTCU are governed by the laws of the Principality of Monaco.
In the event of a dispute with an individual acting for his or her own personal needs, the parties shall endeavour to settle amicably any dispute that may arise as a result of the performance or interpretation of these GTCU.
If no amicable solution is found, the competent courts shall be :
- In the case of a natural person acting for their personal needs : those of the User's place of residence.
- In other cases : the courts of the Principality of Monaco.