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General Terms and Conditions of Use (T&Cs)

General Terms and Conditions of Use

Any viewing of the webpages of this website (referred to hereinafter as the “Site”), as well as joining the Klépierre platform implies unconditional acceptance by the user of these terms and conditions. We would draw your attention to the fact that among the services offered by the Site, some have their own specific terms and conditions of use, which supplement these general T&Cs.

1. Purpose of the Site

The purpose of the Site is to provide general information about the Esplanade shopping centre and its stores, as well as about the Esplanade Gift Card, the Klépierre platform loyalty programme operated by KLEPIERRE BRAND VENTURES. The Site also enables users to join the Klépierre platform.

None of the information contained on the Site in any way constitutes an offer to enter into a contract, nor is it an offer to buy or sell, unless stated to the contrary.

2. Access to the Site

KLEPIERRE BRAND VENTURE is unable to guarantee that the operation of the Site will be uninterrupted and free of all errors. KLEPIERRE BRAND VENTURE is bound solely by an obligation as to means with regard to the operation and continuity of the Site and the services proposed on it. KLEPIERRE BRAND VENTURE cannot be held liable for any damage resulting from use of the Site, whatever the cause; in particular, KLEPIERRE BRAND VENTURE cannot be held liable for the alteration of or fraudulent access to data and/or the accidental transmission of viruses through the Site. In the same way, its liability may not be invoked for incidents occurring due to a case of force majeure, breakdowns and technical problems relating to the hardware, programs and software, or the Internet that may, where appropriate, result in the suspension or cessation of the Site in full or in part.

KLEPIERRE BRAND VENTURES reserves the right, without notice, to modify, suspend, restrict or interrupt access to all or part of the Site, including in particular the content, functionalities or times of availability. KLEPIERRE BRAND VENTURES may do so at any time, in particular in the event of the maintenance or updating of the Site.

3.  Joining the Klépierre platform

3.1. The Site offers users the opportunity to join the Klépierre platform. All users wishing to join the Klépierre platform must examine these general terms and conditions of use and accept them. By clicking the tick-box headed “I have read and accept the General Terms and Conditions of use”, users acknowledge that they will abide by the terms of these terms and conditions of use, as well as comply with them and accept their provisions.

Individual users may only join the platform once.

Any use of the Klépierre platform made by an underage person comes entirely under the liability of the persons holding parental authority over such underage persons. 
For this reason, parents who wish to allow their children to access the Klépierre platform must help them to create an appropriate account and then monitor their access to the platform. It is the responsibility of the legal guardian to determine whether any of the information published on the Site is suitable for their child.

3.2. Joining the Klépierre platform put in place by KLEPIERRE BRAND VENTURES enables the user:
-       to benefit from promotional offers, the terms of which are stated for each offer;
-       to receive the newsletter from the Klépierre platform;
-       to be able to access certain services provided by the Site that are reserved exclusively for members of the Klépierre platform;
-       to be able to public comments on the Site that relate to the articles published in the spaces dedicated on the Site.

3.3. In order to join the Klépierre platform, users are required to complete a membership form placed online at the Site stating the mandatory information. In particular, users must set an identifier and password that will enable them to access their member account.

An e-mail will be sent out to users, confirming their registration with the address stated on the membership form.

Registering in this way gives users the status of member of the Klépierre platform, also allowing them access to the services stated in point 3.1.

Pursuant to the Data Protection Act of 08/12/1992 in relation to the processing of personal data, any member of the Klépierre platform may amend the details relating to him/her at any time through the “My account” page. Members may also request to be unsubscribed from the Klépierre platform at the following address: contact@klepierre.fr

3.4. Registering for membership will not be possible if the mandatory information required is not completed on the form. Users undertake that the information they provide on the form will be complete and accurate. Any registration where the information provided is clearly incorrect will be deleted. Users also undertake to keep their identifier and password strictly confidential. Any connection made using the identifier and password of a member is deemed to have been made by that member.

In the event of the fraudulent use, loss, destruction or theft of the identifier and password, the user must change the identifier and password as soon as possible on the Site.  KLEPIERRE BRAND VENTURES cannot be held liable for the consequences of such fraudulent use, loss, destruction or theft.

KLEPIERRE BRAND VENTURES may decide to suspend or exclude a member in the event of these general terms and conditions of use being breached.

3.5. Obligations of members

Every member of the Klépierre platform undertakes:

- to create and use only one account,

- to provide information that is accurate and up to date;

- to respect the other members, to be courteous and not to be aggressive in the event of any exchanges with the other members or the Site;

- to respect the conditions of participation specific to each offer or transactions proposed on the Site.

3.6. Publication of content

Members of the Klépierre platform may be offered the opportunity to publish comments regarding the articles published on the Site’s dedicated spaces.

Users are solely responsible for the content that they post online on the Site, as well as any texts and/or opinions that they produce. Users undertake particularly to ensure that this data is not of a nature to harm the legitimate interests of third parties, whoever they are.

To this end, users undertake:
-       not to defame, abuse, harass, stalk, insult or threaten anyone, nor to breach anyone’s rights,
-       not to use detrimental language (such as an insult),

- not to be aggressive

- not to promote a brand, business name, activity, product or service of any kind
-       not to defend crimes against humanity, not to incite racial hatred or paedophilia,
-       not to create a false identity or take on the identity of a third party,
-       not to transmits any viruses, Trojan horses, logic bombs or any other harmful or destructive program,
-       not to disrupt the operation of the Site,
-       not to breach anyone’s privacy or the image rights of persons likely to be identified within content,
-       in a general manner, not to transmit elements that harm the intellectual property rights or other rights of third parties and in particular brand rights, privacy rights or copyright.

The user will safeguard KLEPIERRE BRAND VENTURES against any recourse founded directly or indirectly on these words and/or data that are likely to be used by anyone against KLEPIERRE BRAND VENTURES. The user undertakes in particular to be responsible for the payment of amounts, whatever they may be, resulting from the recourse of a third party against KLEPIERRE BRAND VENTURES, including legal fees and court costs.

3.6. In accordance with the regulations in force, KLEPIERRE BRAND VENTURES is not responsible for the content posted online by users on the Site. However, KLEPIERRE BRAND VENTURES does have moderators whose job it is to monitor the contributions of users. This monitoring is conducted after the fact. The option to monitor content after the fact stems from the practical impossibility, given the instantaneous nature and sheer number of content items posted, of being able to exercise any general monitoring of content in advance. While the principle of monitoring after the fact promotes the freedom of expression of users, each user must be responsible and ensure compliance with elementary statutory and regulatory provisions, such as in particular those dealt with in this article. As a consequence, the user is informed that KLEPIERRE BRAND VENTURES reserves the right to delete all or part of the content, at any time and for any reason whatsoever, without giving prior notice or justification. Users may not make any complaint in this regard. Users who may be surprised or shocked by the content posted by another user may contact the moderator directly at the following address: contact@klepierre.fr

4. Guarantees

The user will safeguard KLEPIERRE BRAND VENTURES, as well as all other persons involved in the creation, production and distribution of the Site, against all claims, liability, costs and expenses resulting from a violation of these terms and conditions or in relation with use of the Site.

All information and data provided by users is provided under their sole responsibility. Users undertake to safeguard and compensate KLEPIERRE BRAND VENTURES for all direct and indirect damage that may result therefrom.

Users are solely responsible for any damage, direct or indirect, material or immaterial, caused by them to the Site arising from the illegal use or not of the service provide on the Site. In the cases indicated above, users undertake to compensate KLEPIERRE BRAND VENTURES, including for reasonable legal fees, that KLEPIERRE BRAND VENTURES may have been required to incur in the event of being ordered to pay damages and interest. Users also undertake to reimburse KLEPIERRE BRAND VENTURES for costs incurred to remedy any damage they have caused.

5. Liability

KLEPIERRE BRAND VENTURES cannot be held liable for any direct or indirect damage that may result from accessing or using the Site or from information featured at the Site, regardless of its nature. In particular, the information supplied by the brands for their product or service is provided under their sole responsibility any may not in any way invoke the liability of KLEPIERRE BRAND VENTURES.

KLEPIERRE BRAND VENTURES declines all responsibility regarding the taking of decisions and the terms under which any decisions are taken by users based solely on the information published on the Site.

KLEPIERRE BRAND VENTURES declines all responsibility in the event of damage suffered by users on account, in particular, of the loss, deterioration or alteration of files, of the transmission of viruses that might contaminate their computer equipment or any other item of property when connecting and/or viewing and/or using the Site.

Users acknowledge that transmissions of data online are of only relative technical reliability and that the data itself is not protected against possible interception. With this in mind, communicating passwords and any other confidential data, and more generally any other information of a sensitive nature by the user is carried out under the user’s sole responsibility.

It is the responsibility of users to take all appropriate measures to protect their data as well as their equipment from contamination by viruses, such as attempts to hack into their computer system by third parties via the Site’s services.

Users acknowledge that their equipment is connected to the Internet under their sole responsibility and that as a result, KLEPIERRE BRAND VENTURES is in no way liable for any damage that may occur during the time they are connected.

As a consequence and in full knowledge of what is stated above, users will not invoke the liability of KLEPIERRE BRAND VENTURES regarding one or more of the incidents or events mentioned above.

6.  Updates

KLEPIERRE BRAND VENTURES makes every reasonable effort to ensure that the information posted on its Site is up to date. All of the information brought to the attention of individuals accessing the Site is selected on a specific date.

This information may require an update that had not been possible on the date the information was viewed, for technical or other reasons, or needed altering. KLEPIERRE BRAND VENTURES cannot be held liable for any error or omission.

7.  Hypertext links

The Site may propose links to other sites. The sites to which these hypertext links are directed, unless stated otherwise, are independent of the Site and also of KLEPIERRE BRAND VENTURES. KLEPIERRE BRAND VENTURES can in no way be held responsible for the content of these sites, any damage that may result from connecting to these sites, the information featured at these sites, any transactions that may be made at these sites. The publisher of the site assumes sole responsibility for this.

Any hypertext link of any kind providing access to the Site or to any of its pages or elements requires prior written permission from KLEPIERRE BRAND VENTURES.

8. Sharing functionalities on social networks

The Site offers functionalities that make it possible to share certain content on social networks. The user undertakes not to alter the sense of the content, nor to harm the image of KLEPIERRE BRAND VENTURES. In any event, any such sharing is conducted under the sole responsibility of the user and as KLEPIERRE BRAND VENTURE is not the publisher of the said social networks, which are independent, it cannot be held liable for any consequences associated with the use of these platforms.

9. Processing of personal data

The Site features various forms for gather data of a personal nature. Each of these forms indicates the party responsible for processing the data, the purpose for which said data is processed and the parties for which it is intended.

Data of a personal nature relative to a prospect who is not a customer will be retained for a period of three years from the time the data is collected by KLEPIERRE BRAND VENTURE or from the time of the last contact with the prospect (for example a request for documentation or a click on a hypertext link contained in an e-mail; on the other hand, opening an e-mail cannot be considered as a contact emanating from the prospect).

At the end of this period of three years, KLEPIERRE BRAND VENTURE may contact the person in question again in order to find out whether that person wishes to continue receiving commercial offerings. If there is no specific positive response from the person, the data must be deleted or archived in accordance with the provisions in effect and particularly the provisions of the Commercial Code, the Civil Code and the Consumer Code.

If no information is contained in the fields identified in the form as being mandatory, the request cannot be processed.

10. Cookies

When navigating the site, cookies are placed on the user’s terminal (computer, mobile phone, tablet), subject to the choices expressed and which the user may modify at any time.

A cookie is a small text file containing information relative to navigating the site in question. The main aim of the cookie is to improve the user’s viewing experience and enable personalised services to be offered.

On the computer, cookies are managed by the Internet browser.

These cookies may be session cookies (in which case the cookie will automatically be deleted when the browser is switched off) or persistent cookies (in which case the cookie will remain stored on the terminal until its expiry date).

You will find the cookies used by the site here.

HOW DO YOU ACCEPT OR REFUSE COOKIES?

It is possible to configure your browser so that cookies are recorded in the terminal or rejected, either systematically, or according to their issuer, or to be informed when a cookie is recorded in the terminal, so that it can be accepted or refused.

However, the deletion of all cookies used by the browser, including those used by other websites, may lead to certain settings or information being altered or lost.

The configuration of each browser is different. It is up to you to follow the instructions of your publisher’s browser as follows (links available on the date this page was updated):

– If you use Internet Explorer: https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies

– If you use Safari: https://support.apple.com/kb/ph17191?locale=fr_FR&viewlocale=fr_FR

– If you use Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=fr

– If you use Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

11.  Intellectual property

This Site and particularly all of the visual elements contained on it, as well as the presentation and content of all the articles, press reviews, and more generally all information featured on the Site, are the exclusive property of KLEPIERRE BRAND VENTURES or of third parties with which KLEPIERRE BRAND VENTURES has reached agreements allowing their dissemination. The user does not have the right to reproduce, disseminate or more generally to use these elements by any means whatsoever without the explicit prior consent of KLEPIERRE BRAND VENTURES.

12. Modification of these terms and conditions

These terms and conditions are likely to be modified at any time. Each new version of the T&Cs will be published on the Site. The version that applies is the version in effect on the day the Site is viewed by users and is enforceable upon them.

13. Autonomy of clauses

In the event of any of the provisions of these terms and conditions being deemed non-applicable pursuant to the legislation in force, both the user and KLEPIERRE BRAND VENTURES agree to negotiate in good faith in order to preserve the economic position from which they benefit that is the closest to the provision rendered non-applicable.

If they are unable to replace this provision in a mutually acceptable and applicable manner, this provision will be excluded from these general terms and conditions and the remainder of the general terms and conditions will be interpreted as though the said provision was excluded and the remainder will remain applicable.

14. Applicable legislation

Any dispute relating to the use of this site

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