The present General Conditions of Use and Sale are applicable to relations between Users and CaraMaps, published by CaraMaps, SAS with a capital of 350,000 BORDEAUX, and registered at CRS of BORDEAUX under the number 813 901 592. The person in charge of the publication is Mr. Julien Toumieux.
CARAMAPS is a collaborative platform dedicated to motorhome drivers, accessible through a website which address is https://www.caramaps.com and the mobile application caramaps.
The general conditions applicable are the ones in use the day of browsing and/or transaction.
The relations between the User and Caramaps Company shall be exclusively governed by these General Conditions of Use and any mandatory applicable legal provisions between the parties.
The user is recommended to read them carefully.
Professional users are made aware about the limitation of liability clause and the forum clause.
Caramaps reserves the right to change the general conditions of use at any time. Users will be informed of any changes in the general conditions of use by any useful means,and may oppose to it by writing within 30 days otherwise it will be considered as accepted.
Whenever used in the body of the general conditions of use, the following terms shall have the following definition:
According to the article 6 of the law n° 2004-575 of June 21th 2004 regarding the trust in the digital economy, Caramaps' users are made aware of the identity of the various parties involved in its realization and follow up:
Owner : CaraMaps
Creator : CaraMaps
Responsible of publication : CaraMaps – contact@caramaps.com
Webmaster : CaraMaps – contact@caramaps.com
Web hosting company : OVH – 2 rue Kellermann 59100 Roubaix
2.1 Connection
To use Caramaps, the User must log in to the Website or download the application.
The Application's installation is carried out by the User by connecting his device, to an operating store which is a function of the User's device.
By downloading the Application, the users agrees to the terms and conditions of the concerned operating store.
The User is responsible of the digital security of his equipment, also in case of data loss and possible security breaches that may be caused by a virus or hacking.
Also, the Company Caramaps can not be held responsible of temporary or permanent damages caused by the User's computer or mobile phones, nor by possible loss or damages that can occur as a result of accessing or browsing Caramaps website, except in case of a fault of the Company Caramaps.
The data transmission through internet can led to the occurrence of errors and/or the unavailability of the website or the Application. The Company CaraMaps can not be held responsible for the lack of availability or interruption of the online services.
2.2 Cookies
The navigation on the Caramaps website is likely to cause the installation of cookie(s) on the user's computer. A cookie is a small file that doesn't permit the User's identification but records information about a computer's browsing on a website. The data obtained is intended to facilitate the coming browsing on the website, and are also intended to permit various measures for visiting figures .
The refusal to install a cookie can lead to the impossibility of accessing some services. The user can however configure his computer as follows, to refuse cookies:
3.1 Creation of the Member Account
In order to access the Services, the User must register as a Member by creating a Member account on Caramaps.
The future Member or the physical representative or a company or an organization must be of a legal age, have the ability to contract and have the legal right to represent the company or organization.
To do this, he must indicate his name, first name, email address and define a personal password, that must be kept strictly confidential.
He is responsible of the information entered in the form for creating his account and the ID he has chosen.
The User agrees not to create any account other than the one originally created, either under his own identity or under someone else identity.
The Member will then have to log into his Member account to access the Caramaps Services or participate in the enrichment of its Content.
3.2 Closure of a Member's Account
The User may at any time close a Member account, unless his status indicates an accepted reserved location, and an execution that must start within 48 hours or an ongoing execution. In this latter case, the closure of the Member's account will be deferred until 7 working days after the end of the booked stay in order to allow the Host and the Traveller, if necessary, to clarify any disagreement they may have reported to Caramaps.
The closing of a member's account will automatically cancel any reservation accepted for a stay that must begin more than 48 hours after the closing date of the Member's account, with the implications indicated in article 9 below.
Likewise, the Company Caramaps may disable without warning, formality or indemnity a Member's account:
1) by court order,
2) in case of 'force majeure',
3) in case of breach of the present general conditions of use,
4) in case of fraudulent use of Caramaps 5) Inappropriate behavior.
3.3 Interruption and suspension of access to the service and/or website.
This website is normally accessible to users at any time. However, an interruption due to technical maintenance may be decided by CaraMaps, who will then try to communicate the dates and times of the intervention beforehand.
It is specified that the company Caramaps is not required to check the Contents of Caramaps before it's published by a Member.
The Content appearing on Caramaps is posted online under the Members' responsibility who have communicated the concerned elements.
Since Caramaps is not the provider of these elements, and has not been informed and alerted about its content, Caramaps can not be held responsible of illegal or erroneous content, or omissions or deficiencies in the updating of the content published on Caramaps
The Members undertake to put online a sincere Content which is not contrary to the legislation in force or likely to infringe someone's rights.
The Members shall also ensure respect for intellectual property rights, the right to the image, and the privacy right for all persons.
The Content put online by a Member must not be false, fraudulent, dishonest, racist, xenophobic, insulting, vulgar, violent, pornographic, pedophile.
Any Content violating someone's rights or violating the current legislation may be reported to Caramaps (to the following address : contact@caramaps.com) and removed from Caramaps without notice.
Caramaps also reserves the right to close without notice and without compensation the account of a Member that does not respect the above obligations.
By posting Content of Caramaps, the Member :
Caramaps offers to its Members, two types Services :
Services without financial compensation :
6.1 Subscription Selection
A member can subscribe a Premium Subscription, allowing him for the selected duration to :
The entire content is the property of Caramaps or is operated after authorization of the owners. Users and Members of Caramaps only have a personal and private right on their content, even if they have a Premium subscription enabling them to download the Content for a given period of time.
Consequently, the User or the Member can not represent, reproduce, modify, or more generally exploit the content without a prior authorization of the Company Caramaps.
The User can not alter, modify, disassemble, decrypt, all or a part of the website, extract the source codes including the content, or attempt any of these actions
The personal data collected by the Company Caramaps, in particular at the opening of the accounts by the Members, are subject to computer processing intended for the company Caramaps in order to ensure the various services defined in the present general conditions of use.
The recipients of this data are the employees of Caramaps, its possible service providers and the commercial partners of Caramaps..
The purposes of collecting these data are :
For any question or claim regarding Caramaps, the User and/or Member can contact the Company Caramaps at the following addresses and numbers :
SAS CARAMAPS
contact@caramaps.com
82 rue notre dame
33 000 Bordeaux
FRANCE
It is expressly agreed between the parties that, in accordance with the articles 1365 et the following of the Civil Code, the information recorded by the information systems of Caramaps are valid between the parties. Elements such as the receipt or issue of data exchanged between the parties, as stated on the Caramaps information systems, will prevail unless the User gives evidence to the contrary by writing. The proof of the information provided by the Caramaps information systems will be identical to a proof given on a written paper.
The fact that Caramaps Company does not invoke one or more of the dispositions of these general conditions of use, or not claim their violation, will not constitute a waiver to the benefit of these clauses..
The parties agree that these conditions and their consequences are subject to French law, subject to any mandatory disposition applicable to the User-Consumer.
The Member-Consumer is informed of the possibility, in case of dispute, to access a mediation procedure by having recourse to the Trade Court of Bordeaux.
In case of a dispute of any kind, dispute as to the validity, execution, opposability, or difficulty of interpretation of these general conditions of use and more generally concerning the commercial relations existing between Caramaps and the Users or Members contracting as professionals, only the Commercial Court of Bordeaux will be relevant, even in the case of emergency interim proceedings, incidental claims, or multiple defendants or recourse under warranty.
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