Terms of Use
This website (the “Website”) is the website of Cnova N.V. (“Cnova N.V.”, “us”, “our”, “Company” or “we”). We are a global e-commerce company and provide an extensive product assortment with highly differentiated delivery and payment solutions (the “Services”).
This website is hosted by Automattic Inc. (« WordPress VIP » service), headquartered 60 29th Street #343, San Francisco, CA 94110, USA.
THE FOLLOWING TERMS OF USE (“TERMS OF USE”) APPLY TO ALL USERS OF THE WEBSITE AND SERVICES. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE AND SERVICES. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF USE AT ANY TIME WITHOUT NOTICE. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN WE POST THEM. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF REVISED TERMS OF USE MEANS THAT YOU ACCEPT AND AGREE TO THE CHANGES. YOU ARE EXPECTED TO CHECK THIS PAGE EACH TIME YOU ACCESS THIS WEBSITE SO YOU ARE AWARE OF ANY CHANGES, AS THEY ARE BINDING ON YOU. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE ANY PORTION OF THE WEBSITE.
We reserve the right, in our sole discretion and without notice to you, to revise the content and/or any products and Services available on the Website and to change, suspend or discontinue any aspect of the Website and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty. Your continued use of the Website will constitute your acceptance of any such changes.
Information published on the Website is supplied by Cnova N.V. and, where indicated, by certain third parties. Cnova N.V. take care and precaution to ensure that information published on the Website is accurate when posted and regularly updated, but cannot guarantee or can be held liable for its accuracy or timeliness and Cnova N.V. may change the information at any time without notice. You must not rely on the information on the Website and you acknowledge that you must take appropriate steps to verify this information before acting on it.
The information contained in the Website is not an invitation to invest in shares or other securities, or any other products or services or otherwise deal in these or enter into a contract with Cnova N.V. or any other company. The information provided should not be relied upon in connection with any investment decision. You should always seek appropriate professional advice in relation to such.
The past performance of Cnova N.V. or any other company referred to on the Website cannot be relied upon as a guide to its future performance. The price of shares and the income derived from them can go down as well as up and investors may not recoup the amount originally invested.
Use of the Website
You may use the Website only for your own noncommercial personal use and in compliance with these Terms of Use. You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Website. Any other use of the Website is prohibited without the prior written consent of Cnova N.V. You may not otherwise copy, modify or distribute the contents of this Website without the express written permission of Cnova N.V. You may not modify, publish, transmit, participate in the transfer or sell, create derivative works from, or in any way exploit, any of the content, in whole or in part, found on the Website.
We require all users to agree not to use the Website, and specifically prohibit any use of the Website, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
- Posting any information which is untrue, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation; or
- Attempting to interfere in any way with the Website’s or Cnova N.V.’s network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system.
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Website within another website. You may not resell use of, or access to, the Website to any third party without our prior written consent.
Additional Terms and Conditions
You agree that additional terms and conditions (“Additional Terms”) may apply to your use of certain portions of the Website, which Additional Terms are made part of these Terms of Use by reference. If there is a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall control.
Product Information; Limitation on Quantities
Certain information provided on the Website may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products or services described on our Website will be available. Changes to or improvements in such products or services may be made at any time without notice.
Proprietary Rights
You acknowledge and agree that the content, materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements that may be available on the Website are the property of Cnova N.V. or our licensors (except where otherwise indicated by a third party’s proprietary notice) and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Website. Unless specifically prohibited by a notice published on any page, you may make a print copy of such portions of the Website as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is prohibited. Cnova N.V. and its affiliates own and use certain registered and unregistered trademarks, service marks, slogans, logos, symbols, graphics and distinctive trade dress in connection with the Services (the “Cnova Marks”). Except for any rights granted to you in these Terms of Use, all right, title and interest in and to the Cnova N.V. Marks, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of Cnova N.V., its affiliates and their licensors. All rights not expressly set forth in these Terms of Use are hereby reserved by Cnova N.V.
Disclaimers
You assume all responsibility and risk with respect to your use of the Website. THE WEBSITE, AND ALL CONTENT, PRODUCTS, SERVICES, MERCHANDISE AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INTEROPERABILITY, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, CNOVA N.V. DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. We make no warranties of any kind regarding any non-Cnova N.V. websites to which you may be directed or hyperlinked from this Website. Hyperlinks are included solely for your convenience, and Cnova N.V. makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Cnova N.V. sites. Cnova N.V. does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Website.
Indemnification
You agree to indemnify, hold harmless, and defend Cnova N.V., its parent companies, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, contractors, agents, suppliers, affiliates, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs and expenses of defense, including attorneys’ fees, in any way arising out of or relating to your use of the Website, Services and products, your violation of these Terms of Use or the Privacy Policy, content posted to the Website by you, or your violation of any law or the rights of a third party.
Limitation of Liability
IN NO EVENT SHALL CNOVA N.V., ITS PARENT COMPANIES, SUBSIDIARIES, AFFLIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, TRADING LOSSES OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE, EVEN IF CNOVA N.V. HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF CNOVA N.V., ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO CNOVA N.V. IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, products and services available through the Website. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
Copyright Infringement; Notice and Take Down Procedures
We specifically prohibit the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement which we receive and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address: Cnova N.V., Professor Dr Dorgelolaan 30D, 5613 AM Eindhoven, The Netherlands, Attention: General Counsel.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Governing Law; Jurisdiction and Venue
Any claim, action, suit, proceeding or dispute arising out of the Terms of Use shall in all respects be governed by, and interpreted in accordance with, the substantive laws of the state of New York, without regard to the conflicts of laws provisions thereof. The parties hereby consent, acknowledge and agree that venue and jurisdiction for any action, suit or proceeding arising out of these Terms of Use shall vest exclusively in the federal or state courts of general jurisdiction located in New York County, New York.
Waiver; Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
