Terms and conditions

Overview

Article 1: Intellectual property right Copyright and design right The Garage is the author of this site in the sense of articles L. 111.1 and subsequent in French intellectual property law. The site was designed and developed by Valentin Salmon & Benjamin Métifieu.

All photographs, texts, slogans, designs, images and video sequences (with or without sound), and all other content on the site, are the property of The Garage or of third parties having granted The Garage authorization to use them.

Visitors are authorized to copy site content on paper or electronically, solely for strictly personal use. This specifically excludes all advertising, commercial and information purposes. Any copies must comply with article L122-5 of French intellectual property law. Except for such strictly personal use, no site content, represented, used or transformed, by any process whatever, on any medium whatever, without prior authorization by The Garage. Any such practice is strictly forbidden by law, and punishable by up to three years’ imprisonment and a fine of up to €300,000.

Registered trademarks The site also includes registered trademarks, often identified as such by an initial capital. Such trademarks are either the property of The Garage, or used by The Garage either with authorization from their holders, or as a simple indication of the products or services offered by The Garage.

Any reproduction, imitation or use of these trademarks without prior authorization from The Garage or the trademark holder is strictly forbidden by law, and punishable by up to four years’ imprisonment and a fine of up to €400,000.

Except as otherwise allowed under the CAU, users may not copy, change or reproduce any of the information or other material on the site, or intervene on the site, or in any way infringe upon the intellectual property rights of The Garage or of third parties having authorized The Garage to use theirs. Except as otherwise allowed under the CAU, no use may be made of any material protected by intellectual property rights belonging to The Garage or to third parties having authorized The Garage to use theirs.

Article 2: Personal and other data The site collects users’ personal data (name, email, etc.) by means of registration forms for replying to requests for information, inputting job applications, and sending out electronic newsletters, notifications of press document issues, and announcements of forthcoming events. This personal data is used by The Garage for purposes of information. It is confidential and in The Garage’s keeping. It may be transferred outside the European Union. The Garage undertakes not to use any personal data for commercial purposes without prior notification to the users concerned. Personal data input by users is confidential and in The Garage’s keeping. Under articles 38, 39 and 40 34 of French data protection law (n°78-17 of 6 January 1978, amended by n°2004-801 of 6 August 2004), users are entitled to access and correct any data concerning them, and to refuse that such data be processed. This entitlement can be exercised by contacting The Garage in either of two ways: By email, to contact@thegara.ge By post, to the following address: Dune Studio 21 rue de Châtillon 75014 Paris

The Garage may collect the data using a third party service provider. By completing the forms, the users recognised having read and agreed the CAU and the providers’ terms and conditions and privacy policy. Users can stop receiving services offered through the site (such as the newsletter and press releases) by applying the procedure specified with each message. Subscriptions can be cancelled by applying the subscription cancellation procedure.

Article 3: Site access Users of the Site acknowledge that they have the skill and resources necessary to gain access to the Site and to use it. Access to the Site is free of charge. The costs of accessing and using the telecommunications network are to be borne by the user in accordance with the terms and conditions set by the client’s access providers and telecommunications operators. The Garage cannot be held liable for matters outside its control or for any damage that may be caused by the user's technical environment, in particular computers, software programs, network equipment and any other devices used to gain access to or use the service and/or the information. Users are reminded that it is an offence punishable under criminal law to fraudulently access or remain connected to an IT system, to impair or interfere with the functioning of such a system or to fraudulently enter or alter information in an IT system. Local laws prohibit the distribution, the access to this site or the use of data collection methods. Users are responsible for ensuring that they are entitled to access the site under legislation applicable in the country from which the site is to be accessed.

Article 4: Hypertext links The Garage accepts no liability for any content, products or services offered on any site to which the http://www.thegara.ge/ site might be linked, by hypertext or any other type of link.

Article 5: Security In using the http://www.thegara.ge/ site, Users undertake not to perform any operation liable to cause any kind of fault or failure affecting operation of the site or of any server or service accessible via the site. Any data, documents, files or other material uploaded to the area provided for this purpose on the site must be reliable, safe and not liable to interfere with normal operation of the site or any server or service accessible via the site. In using the site, or any server or service accessible via the site, users undertake to comply with all applicable national and international laws and regulations. They undertake not to infringe upon any third party’s rights, and not to jeopardize The Garage’s image in any way. They explicitly absolve The Garage of any third-party liability in connection with any information posted in the area provided for this purpose on the site, including liability for slander, infringement of intellectual property rights, publication of offensive material, infringement of privacy (in connection with use of photographs, etc.), on any infringement of applicable national or international law. Users undertake to pay all costs borne by The Garage as a result of any such action, including all reasonable fees and expenses in connection with legal advice.

The Garage undertakes to take every possible measure to ensure the security of information posted in the area provided for this purpose on the site. However, The Garage cannot guarantee non-interception of any message sent electronically. Therefore, except for the information mentioned in article 2 above, The Garage advises users not to disclose any unnecessary or sensitive personal information by this means. Users wishing to disclose any such information to The Garage should do so by post.

Article 6: Responsibility Users wishing to do so accept the CAU of their own free will, and in doing so take on all the ensuing obligations. All visitors using the site therefore do so under their own responsibility, and undertake to comply with the requirements of the CAU, with all rules governing activities on the site, and with all laws and regulations applicable to users’ activities on the site, via the site, or in connection with the site. All user input (content or any other material provided to The Garage, uploaded to the site or made accessible via the site) must comply with the following requirements:

It must be free of viruses, spyware, and any other type of program liable to damage the site, slow it down or interfere with correct operation. It must not be false, untruthful or deceitful. It must not have been obtained dishonestly or by infringing upon any rights of any third party. It must not infringe upon any applicable law. It must not contain anything likely to be construed as harassing, offensive, defamatory, violent, distasteful, obscene, hateful, racially or ethnically insulting, or contrary to public order, decency or child protection norms. It must not jeopardize the internal or external brand image of The Garage. Information and services accessible via the site are supplied with no guarantee against error or omission. The Garage extends no explicit or implicit undertaking, and accepts no liability, with regard to the use of the site or of any information or services accessed via or in connection with the site. Users accept sole responsibility for their use of the site, and of information and services accessible via the site, and understand that neither The Garage nor any of its subsidiaries, nor any member of the The Garage dealer network may be held liable for any direct or indirect damage, material or immaterial, for any data or program loss, or for any financial damage arising from access to or use of the site or any linked sites, or from interruption, suspension, modification or discontinuation of the site or any part of it. The user specifically accepts that site content is provided with no guarantee of any kind. The Garage may take any measure it sees fit with regard both to site access and use by users, and to material input by users. Specifically, The Garage may interrupt, restrict, suspend, or forbid access to all or part of the site, without warning or indemnity, if a user engages in conduct that infringes the CAU or any applicable law or regulation. This entitlement shall remain applicable even after termination or expiry of the CAU.

Characteristics of any product or service appearing on the site are as applicable when the site page was published or updated. Such data is provided on a solely indicative basis and shall not be considered as a contractually binding offer by The Garage. Photographs illustrating products on the site are not contractually binding. Prices appearing on the site are also given on a solely indicative basis, and are not contractually binding. Users understand that errors and omissions may appear. Legal restrictions may apply to accessing the products and services shown on the site.

Article 7: Suspension or interruption of access At any time, The Garage may temporarily or permanently restrict or suspend access to the http://www.thegara.ge/ site under the following circumstances:

If a user fails to comply with the CAU (in which case The Garage also reserves the right to take any other appropriate action) In the event of technical problems with the site publication and operation infrastructure Users whose access is permanently discontinued undertake to immediately delete any copies they might have of the site or any of its content.

Article 8: Applicable law Unless otherwise stipulated under the legislation of the user's country, the CAU, the website content and all the rights and obligations of the parties arising from or in connection with use of the website are governed by French law, and shall be interpreted and applied accordingly.

In the event of a dispute arising in connection with the CAU or with access to or use of the website, the parties shall endeavour to reach an amicable settlement before recurring to legal proceedings, it being understood that any such proceedings shall fall under the sole jurisdiction of the Cour d’Appel de Paris, whose courts the parties specifically acknowledge hold the sole legal capacity for judgement, regardless of any eventuality of multiple defendants or of claims for redress by third parties.

Article 9: Language English is the original language of these CAU. Any dispute arising from differences of interpretation in a translated version shall be settled by reference to the original, authoritative, English text.

Article 10: Update of CAU The Garage reserves the right to change or update website access and the website CAU at any time, in which case it will endeavour to inform users accordingly, on the website. Users shall abide by such changes and updates, and are therefore invited to refer to this section regularly in order to verify the currently applicable conditions governing use of the site.

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