Terms and conditions of use of the site

Website owner

MADAME NATHALIE HUE
Namaste Dunkerque
79, rue Eugène Dumez
59240 DUNKERQUE
France

Website editor

M CAPPON SEBASTIEN MICHEL GERARD
Explain IT
144B, rue de Mazières
18000 BOURGES
France

Website host

M. KLABA Ocatve
SAS OVH
2, rue Kellermann
59100 ROUBAIX
France

Definitions

Publisher :
Natural or legal person responsible for the development of namaste-dunkerque.com.

User :
Any natural or legal person who has purchased or leased the services of the publisher in order to be able to offer this website and the resulting services to visitors, while benefiting from exclusive access to the paid services of namaste-dunkerque.com.

Visitor :
Any person using this website and its free services.

Object

The general conditions of use detailed here are intended to provide a legal framework for the terms of use of the website by visitors and users. They are fully and completely accepted by visitors and users when they access namaste-dunkerque.com and the services offered therein.

The general conditions of use, as well as the legal notices they include, may be modified at any time by the site editor, at the user’s request or on its own initiative, in the event, for example, that the legislation in force should change.

If the visitor or user refuses the general conditions of use of the site, he or she must give up access to namaste-dunkerque.com and its services.

Conditions of access to the website

namaste-dunkerque.com can be accessed and consulted free of charge by visitors, anywhere and at any time, provided they have Internet access and the appropriate medium: PC, tablet, mobile phone, etc. If access to the website by the visitor incurs costs, these are at the visitor’s expense, and are not the responsibility of the user, the publisher or the host.

The visitor to namaste-dunkerque.com may access, free of charge, the information, news and announcements made freely available by the user of the website. On the other hand, it is impossible for them to access services reserved for the user unless they have the latter’s authorisation, as well as the appropriate identifiers and passwords.

The publisher, like the host, makes every effort to guarantee quality access to the website. Nevertheless, they shall not be held liable under any circumstances in the event of a force majeure event leading to malfunction or even inaccessibility of namaste-dunkerque.com.

At any time, the publisher may, if the need arises, temporarily suspend the site, without notice, in order to carry out emergency maintenance. Similarly, the host may, if necessary, temporarily suspend access to the site for maintenance, updating or any other reason, without prior notice. If the contract binding, depending on the case, the user and the publisher, the user and the host, or the host and the publisher, were to be broken, namaste-dunkerque.com could become definitively inaccessible to the visitor and the user.

The visitor may, if necessary, contact the user by e-mail, using the contact form provided.

Intellectual property and counterfeiting

All elements forming the original content of the site as delivered by the publisher to the user are the property of the publisher. This includes, but is not limited to, texts, brands, images, logos, icons and the source code of the website. All the elements that make up the content added by the user of the Website as part of its personalisation and adaptation to the activity represented, are the property of the user. Consequently, the user of the Website undertakes not to publish online any content that he or she does not own or possess the rights to.

Users are solely responsible for the content they place online. They undertake not to post anything on the Website that may be harmful to third parties. Should this not be the case, any legal action taken against the Website will be at the user’s expense.
All of the above-mentioned elements are protected by intellectual property and copyright law.

The visitor may not therefore, without the written authorisation of the publisher or the user, reproduce, represent, modify, publish or adapt all or part of the elements of the website in any way whatsoever. Any unauthorised use of the website or any of its elements will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 et seq. of the French Intellectual Property Code. In addition, the visitor undertakes to use the various contents of the site solely for private purposes. Any use of this content for commercial purposes is prohibited.

The content of the website may be improved, modified or deleted by the user without any modification or justification to the visitor.

Contractual limitations on technical data

This website uses Javascript, albeit very sparingly. Javascript must therefore be activated on the user’s or visitor’s browser in order to ensure access to the full functionality of namaste-dunkerque.com.

namaste-dunkerque.com cannot be held responsible for any damage linked to the use of the website. The user, like the visitor, undertakes to access the site with recent, “healthy”, virus-free and up-to-date hardware and software.

Liability and force majeure

The information published on namaste-dunkerque.com is reliable. Nevertheless, the user cannot guarantee the reliability of the information. As a result, visitors are solely responsible for the use they make of the information content of namaste-dunkerque.com.

The user and, where applicable, the visitor, must under no circumstances divulge their login and password. Should they do so, they will be solely responsible and will be required to assume the risks and consequences.

Any intervention and/or repair carried out following damage directly or indirectly caused to namaste-dunkerque.com by the user following inappropriate use of the website shall be at the user’s expense. Any damage directly or indirectly caused to namaste-dunkerque.com by the visitor shall be subject to compensation on the part of the visitor for the benefit of the user.

Although the publisher undertakes to do its utmost to guarantee the security and confidentiality of the user’s and visitor’s data, it is not in a position to guarantee its infallibility. Consequently, the publisher, like the user, cannot be held liable in the event of force majeure or any unforeseeable manipulation whatsoever on the part of the user, the visitor or a third party.

Neither the publisher nor the user may be held liable for direct or indirect damage caused to the visitor’s equipment when accessing namaste-dunkerque.com and its services, in particular if the visitor’s or user’s equipment does not meet the specifications indicated in the paragraph “Contractual limitations on technical data” or in the event of a bug or incompatibility.

The publisher reserves the right to delete without notice any content submitted by the user that contravenes French legislation, particularly in the case of data protection offences, messages of a racist, insulting, defamatory or pornographic nature, etc. The user reserves the same right, where applicable, in respect of any content of this nature posted by a visitor. In each of these two cases, the publisher and the user reserve the right to invoke the civil and/or criminal liability of the user and the visitor respectively.

Hyperlinks and cookies

namaste-dunkerque.com contains hypertext links redirecting the visitor to other sites. It is possible that neither the publisher nor the user of namaste-dunkerque.com has control over the sites targeted by these links. As a result, they cannot be held responsible for the content and resources of the linked sites.

When browsing namaste-dunkerque.com, cookies may be installed on the user’s or visitor’s computer. A cookie is a small file that records information about the user’s or visitor’s browsing preferences on the site. Under no circumstances does it allow the user or visitor to be identified. The data recorded in cookies is used to improve the user’s or visitor’s browsing experience. Refusal to use cookies may result in certain services not working properly.

Duration and changes to the general terms and conditions of use of the site

These general terms and conditions of use of the website are effective for the user and visitor from the time of use of the service and for an indefinite period.
The publisher reserves the right to modify the clauses stipulated in these general terms and conditions of use of the website at any time.

Applicable law and jurisdiction

Any dispute arising from the use of namaste-dunkerque.com is subject to French law.
If any dispute cannot be resolved amicably between the publisher and the user, the competent courts will be those of the city of Dunkerque.
If no amicable settlement can be found for any dispute between the user and the visitor, the competent courts will be those of the town where the registered office of the company owned by the user is located.

Publication by the user

The site allows users to publish and distribute comments, texts, images, videos and personal works. Users undertake to comply with current legislation.
By publishing them on namaste-dunkerque.com, the user remains the owner of all intellectual property rights.

The main laws concerned

Law no. 78-87 of 6 January 1978, as amended by Law no. 2004-801 of 6 August 2004 on data processing, data files and individual liberties.
Law no. 2004-575 of 21 June 2004 on confidence in the digital economy.