WEBSITE TERMS OF USE

Website URL : WWW.THERMES-SAINT-GERVAIS.COM

Contact : Email: accueilspa@tsgmb.com – Telephone number: +33(0)4 50 47 54 57

Director of Publication : Binita Cooper

Publisher : Les Thermes Saint-Gervais-Les-Bains, Le Fayet, Société par actions simplifiée (simplified joint-stock company) with a sole partner with a capital of €1.047.014 € , registered at R.C.S d’Annecy under the number 605 920 172, whose registered office is located at 355 Allée du Docteur Lépinay 74170 Le Fayet and on behalf of its brand THERMES DE SAINT-GERVAIS (hereafter referred to as the “Publisher” or “We”).

Intra-Community VAT Number : FR 25 605 920 172

Host : Microsoft Ireland Operations Limited (Offre Microsoft AZURE), dont le siège social est situé à DUBLIN 18 99000 BLACKTHORN ROAD, Irlande immatriculée au Registre du Commerce et des Sociétés de « Société étrangère n/immat.RCS » sous le numéro 419 423 728 

Phone : +353 1850 940 940

To access and use this Website, you must be aged 16 or older.

You are free to access this Website, without having to subscribe or create an account.

Access to the Website and/or certain other Sections may require the use of personal access codes. In this case, it is your responsibility to take measures to assure that these codes are kept confidential. You can, of course, change these at any time. However, the number of attempts to access the Website and/or certain Sections may be limited to prevent fraudulent usage of these codes. We ask you to inform us of any fraudulent use of which you may be aware. In addition, in case of non-compliance with the rules described in these Terms of Use, We reserve the right to suspend your access.

The costs of access to and the use of the telecommunications network are, however, your responsibility.

Significant investments were required to develop this Website. The Website and all its components (such as brands, images, texts, videos, etc.) are protected under intellectual property law. Any use, reproduction or representation of the Website (in whole or in part) via any media whatsoever, for any other purposes, particularly commercial purposes, is prohibited.

We may make content available to you on this Website that you are authorised to download (hereafter referred to as “Downloadable Content”). We thus grant you, for your own personal and private needs, as a courtesy and for the duration of the legal copyright protection, as defined by French and foreign legislation and international conventions, the non-exclusive and non-transferable right to use the Downloadable Content. Any reproduction, representation, modification or distribution of the Downloadable Content is prohibited. By downloading or using this Downloadable Content, you agree to use it in accordance with these Terms of Use.

In cases where We make a Website available to you that allows you to retouch an image (particularly to virtually test a cosmetic product), you acknowledge and accept that this Website can only be used in a purely private manner and for its intended purpose. You are not authorised to use this Website in a way that will damage the honour, reputation or violate the rights of a third party, as described below.

We remind you that you must obtain/have all the necessary authorisations and rights transferred to the various rights holders concerned by any content you wish to publish on the Website, including all intellectual property rights and/or literary, artistic and/or industrial property rights, as well as personality rights (and in particular image rights), so that you can legally use such content. By way of example, you must obtain/transfer the rights to the contents, including the copyright in the photographs, as well as all the elements appearing in the said contents, such as architecture, design, advertising creations, or clothing creations.

We may make a space available to you on this Website intended to receive content from users, such as text, photos, videos, opinions, etc. (hereafter referred to as “User Content”).

By publishing User Content on the Site, you hereby grant Us a free, irrevocable, non-exclusive, worldwide license, for the entire duration, of intellectual, literary, artistic and/or industrial property rights, including the copyright as defined by French and foreign legislation and international conventions (including any supplementary or subsequent amendments), to reproduce, represent, use, copy, modify, adapt, translate, create derivative works, integrate into other works or distribute this User Content (in whole or in part).

This use is authorised for all purposes of internal or external communication, corporate or financial, advertising, as well as for all public relations purposes, and for historical or archival purposes, of L’OREAL Group or its subsidiaries, its products and/or brands, and in particular in the following formats:

• Displays of any kind, in unlimited quantities,
• Press, unlimited number of publications,
• Publishing, unlimited number of publications, including publishing for internal communications, including:
• Sales and distribution network (wholesalers, retailers, agents, etc.),events, posters for conferences, trade shows, stands …; B2B communication, in the industry press, for a number of publications and/or unlimited quantities;
• Electronic publishing, computer, digital, multimedia, Internet and Intranets, all sites (whatever the site and/or the support, including so-called “social network” sites, for example, Facebook, Twitter, YouTube or Dailymotion), unlimited number of insertions and distribution,
• On any other advertising medium (in particular through point-of-sale advertising and on products from L’OREAL Group brands) (hereafter referred to as “Support (s)“).

You are aware that these social networks are third-party platforms and that as a result the dissemination and use of the User Content on these social networks is governed by the terms of use established by these third parties. Therefore, We cannot be held liable for any use of the Content by Us or any third party in accordance with the terms of use established by the social networks, particularly relative to the scope of the rights granted, the duration of the rights, and the deletion of the Content. It is up to you to handle any claim by third parties relative to the use of the Content in accordance with the terms of use established by the social networks.

In addition, We remind you that any Content is likely to be referenced on a search engine and, therefore, to be viewed by external audiences to those of the Website.

This authorisation allows Us to adapt your content and/or make any clarifications to the initial attachment that we deem useful if the Content does not alter your image or your words.

In addition, the use of the User Content may be accompanied by certain anonymised information such as your city, country or age, and/or, if necessary if you have expressly authorised Us to do so, information allowing you to be identified, such as your first name, or your username.

You acknowledge that you have willingly chosen and are exclusively liable for the User Content that you post on this Website. Nevertheless, We remind you that this User Content must not violate the laws in force, good moral standards, and the principles set forth herein. As such, We reserve the right to withdraw at any time any User Content that does not comply with these Terms of Use and in particular the Code of Conduct.

In addition, if you access User Content created by another user, you must respect the rights of that user and, in particular, be careful not to reproduce and disseminate the said Content published on other media without the prior consent of the user concerned.

We uphold the values of tolerance and respect for others.

For this reason, by using this Website, you are prohibited from:

• Disseminating racist, violent, xenophobic, malicious, vulgar, obscene or otherwise illegal language,
• Sharing harmful, defamatory, unauthorised, malicious content, privacy or image rights-based content, inciting violence, racial or ethnic hatred, or content constituting an offence against public decency or incitement to carry out certain offences and crimes;
• Using the Website for political, propaganda or religious purposes;
• Publishing advertising or promotional content for products and/or services from competitors of the brand(s) present on the Website;
• Appropriating the Website for personal purposes, particularly by using it as a meeting place;
• Disseminating information allowing, directly or indirectly, the personal and precise identification of a private individual without their express and prior consent, such as, in particular, their surname, postal address, email address or telephone number;
• Disseminating information or content likely to offend younger users;
• Intimidating or harassing others;
• Carrying out illegal activities, particularly those violating owners’ rights to software, brands, photographs, images, texts, videos, etc.;
• Circulating content (including photographs and videos) representing minors.

If you discover any User Content that promotes crimes against humanity, incitement to racial hatred and/or violence or child pornography, you must notify Us immediately at the following email address: accueilspa@tsgmb.com, or by sending a detailed letter to the following address: 355 allée du Docteur Lépinay, 74170 Saint-Gervais-Les-Bains, indicating in your email/letter the date on which you found this content, your identity, the URL address of the disputed content, its description and the author’s username.

If you believe that any User Content infringes the principles set out above and your rights or the rights of a third party (e.g. infringement, insult, invasion of privacy), please notify Us of this at the following email address: accueilspa@tsgmb.com, or by sending a detailed letter to the following address: 355 allée du Docteur Lépinay, 74170 Saint-Gervais-Les-Bains, indicating in your email/letter the date on which you found this content, your identity, the URL address of the disputed content, its description and the author’s username.

In accordance with the provisions of Article 6-I-5 of Law No. 2004-575 of 21 June 2004 related to confidence in the digital economy, the notification must contain:

• The date of the notification;
• For a private individual: surname, first names, occupation, address, nationality, date and place of birth;
• The name and address of the addressee or, in the case of a legal , its name and registered entity office;
• The description of the disputed facts and their precise location (e.g. URL link of the disputed content);
• The reasons for which the content must be withdrawn, including a reference to the legal provisions and the justifications of facts;
• A copy of the correspondence sent to the author or publisher of the disputed information or activities requesting them to stop, withdraw or modify the post, or justification that the author or publisher could not be contacted.

Incomplete notifications may not be dealt with. PLEASE NOTE: Any person presenting content or activity as illegal for the purpose of securing its removal or ceasing its dissemination by presenting false or inaccurate information is punishable by a penalty of one-year imprisonment and a 15,000 euro fine.

In accordance with the provisions of Article 6-I-5 of Law No. 2004-575 of 21 June 2004 related to confidence in the digital economy, the notification must contain:

• The date of the notification;
• For a private individual: surname, first names, occupation, address, nationality, date and place of birth;
• The name and address of the addressee or, in the case of a legal entity, its name and registered office;
• The description of the disputed facts and their precise location (e.g. URL link of the disputed content);
• The reasons for which the content must be withdrawn, including a reference to the legal provisions and the justifications of facts;
• A copy of the correspondence sent to the author or publisher of the disputed information or activities requesting them to stop, withdraw or modify the post, or justification that the author or publisher could not be contacted.

Incomplete notifications may not be dealt with. PLEASE NOTE: Any person presenting content or activity as illegal for the purpose of securing its removal or ceasing its dissemination by presenting false or inaccurate information is punishable by a penalty of one-year imprisonment and a 15,000 euro fine.

The advice given on this Website and/or the diagnostic tools that may be available are simple simulations intended to provide you with cosmetics-related advice.

The details that they provide are for informational purposes only and cannot in any way replace a medical diagnosis or a clinical consultation, or be considered as a substitute for medical treatment.

Consequently, We cannot guarantee you complete satisfaction regarding the advice provided when using these tools, and we disclaim all liability relative to the use you may make of them.

For any additional information or if you have any doubts, We recommend that you consult your doctor.

The hyperlinks appearing on this Website may direct you to websites published by third parties and for which we do not control the content. Consequently, and to the extent to which the hyperlinks have been included on this Website solely to help you navigate on the Internet, you are exclusively liable for your decision to visit third-party websites.

We may collect personal data about you, particularly when you (i) subscribe to a service, (ii) download any Downloadable Content, (iii) sign in, (iv) register for a game/contest, (v) send us an email, (vi) respond to a survey or study.

Your personal data is stored by LES THERMES DE SAINT-GERVAIS in a digital file for management and registration purposes and for sending our newsletter.

It is stored for 3 years and is used by the marketing department, accounting department and the reception at LES THERMES DE SAINT-GERVAIS.

In accordance with the regulatory and legal provisions in force, you have the right to access, object to, correct and delete any of your personal data. You can exercise this right at any time by sending a letter accompanied by a photocopy of a proof of identity, to the following address:

355 allée du Docteur Lépinay 74170 SAINT-GERVAIS-LES-BAINS

For more information on how your personal data is processed, We invite you to consult our Personal Data Policy accessible here.

Cookies are small files that are stored on your device while you browse the Website (such as the pages you have visited, the date and time you visited them, etc.) and which can be read later when you revisit the same website (hereafter referred to as “Cookies”).

For more information on the use of Cookies on the Website, please consult our table on Cookies that can be accessed here.

We may modify the content and information included on this Website as well as these Terms of Use, particularly in order to comply with any new applicable legislation and/or regulations and/or to improve the Website.

Any changes will be brought to your attention on the Website before it takes effect under these Terms of Use. Unless the change asks for your express consent, the fact that you continue to use the Website implies that you agree to the new Terms of Use.

Le Site a été développé pour la Société Editrice par APOTAMOX société SAS au capital de 69 000 euros, dont le siège social est sis 70, rue des Marais 72000 Le Mans immatriculée au RCS de Le Mans sous le numéro B 393 143 722, adresse mail : contact@apotamox.com, numéro de téléphone : 02 43 14 10 10.

We strive to keep the Website and Downloadable Content accessible at all times. However, we cannot guarantee that the Website will be available and accessible at all times. Indeed, we may find ourselves obliged to temporarily suspend partial or total access to the Website, particularly for technical reasons or maintenance.

It should also be stated that the Internet and IT and telecommunications systems are not free of errors and interruptions and failures may occur. We cannot provide any guarantee in this respect and, therefore, cannot be responsible for any damages inherent to these uses of the Internet and IT and telecommunications systems, in particular, without this list being exhaustive:

• Poor transmission and/or receipt of any data and/or information on the internet;
• An external intrusion or the presence of a computer virus;
• The failure of any receiving equipment or communication lines; and
• Any other internet malfunction that prevents the proper functioning of the Website.

Finally, we can only be held liable for direct damages, to the exclusion of any other damages or losses of any nature whatsoever. In particular, indirect damages such as, but not limited to, loss of profits or income or loss of customers.

The Terms of Use are subject to French law.

For any problems, please contact Customer Service:

355, allée du Docteur Lépinay

74170 SAINT-GERVAIS-LES-BAINS

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Saint-Gervais Mont Blanc Thermal Centre adheres to the services of the Centre de Médiation et d’Arbitrage de Paris (Paris Centre for Mediation and Arbitration) (hereafter referred to as the “Ombudsman”), whose contact details are as follows: 39 avenue Franklin D. Roosevelt – 75008 Paris – http://www.cmap.fr. Any written complaints not resolved by our Customer Service Department can be referred to the Ombudsman free of charge. To find out how to refer to the Ombudsman, click here. At the European level, the European Commission has also set up an online dispute resolution platform accessible here. 

If the dispute cannot be resolved within the framework of this mediation, the dispute will be brought before the relevant French jurisdictions.