GENERAL TERMS AND CONDITIONS OF USE
Created:19 March 2018
Article 1 – Legal Notice
The Site is published by MANITOU BF, a Limited Company with a share capital of €39,617,974 listed in the Nantes Trade and Companies Register under number 857 802 508, with headquarters located at 430 rue de l’Aubinière – 44150 Ancenis – France (hereinafter "Manitou").
Intracommunity VAT number:FR 58 857 802 508
The site publication manager is Mr Michel Denis.
For any question relating to the Site, the User may contact Manitou via email at the Webmaster's address: firstname.lastname@example.org
The Site is hosted by the company Clever Cloud SAS, 3 rue de l’Allier, 44000 Nantes (02 85 52 07 69)
Article 2 – Purpose of the Site
As part of a CSR (Corporate Social Responsibility) approach, the Site aims to present the Manitou Group's Reduce program. The purpose of the REDUCE project is to improve the quality of work life of users of the machines, resulting in better productivity and better environmental protection.The Site is likely to change in order to meet the expectations of its Users.Manitou may modify the content of the Site and suspend certain functionalities at any time, without notice, and without being held liable for the consequences for the User of such modifications.
Article 3 - Application of the GTCU
These GTCU apply to the User fully and unconditionally.These GTCU may be modified by Manitou at any time.They enter into force from the time they are posted online.The User shall be informed of the modification and/or updating of the GTCU by the insertion of a new date linked with the title of this document.The User undertakes to refer regularly to the latest version of the GTCU, permanently available at the bottom of the Site's home page.
Article 4 - Performance - Using and Connecting to the Site
Manitou does everything in its power to make the Site accessible 24 hours a day and 7 days a week.
The User must have all the appropriate tools and computer and electronic means of communication to access and use the Site.
All costs and charges for communications, telecommunications, maintenance and other types of equipment required for connecting to and using the Site, as well as any related authorisation required, shall be borne exclusively by the User.
Article 5 - Hypertext links
The Site is likely to contain hypertext links to other sites ("third-party sites").Manitou has no supervisory control over these third-party sites, which are run independently by their operators.Consequently, Manitou shall in no event be held liable for any harmful consequences to the User from accessing a third-party site after activating a hyperlink on the Site.
Article 6 - Cookies
To provide a better service for Users of the Site, MANITOU may automatically install cookies or other similar technologies on their internet browsers.Cookies enable Manitou to record information relating to navigation of the Site and/or enable the identified User to gain automatic access to certain specific services.The User has the option of declining to accept cookies by configuring his/her internet browser software to do this, in accordance with the publisher's instructions.He/she accepts that this will result in loss of performance and interesting content of the Site.In order to better serve Users of the Site, Manitou BF may use local storage technology.Local storage allows non-identifying information relating to Site navigation to be recorded.
Where appropriate, cookies may also be used:
- To establish Site use statistics (number of visits and pages viewed, dropout rate during the ordering process, etc.) so that service quality can be monitored and improved.
- To store information entered on forms, and to manage and secure access to restricted personal areas, such as the User's account.
- To provide content, including advertising, related to the User's interests and to tailor the offers sent to the User by Manitou.
Article 7 - Social networks
The Site uses third-party computer applications, which allow the User to share Site content with other people or inform other people of his/her views on the content of the Site.This applies, for instance, to the "Share" and "Like" buttons from social networks such as Facebook, Twitter, YouTube, etc.
When the User consults a page on the Site that contains such a button, his/her browser establishes a direct connection with the social network's servers.
If he/she is connected to the social network when browsing, the application buttons allow the pages consulted to be linked to his/her User account. If the User interacts through the plug-ins, by clicking the "Like" button or leaving a comment, for example, the corresponding information will be sent to the social network and published on his/her account.
If the User does not want the social network to link the information collected via the Site to his/her user account, he/she must log off from the social network before visiting the Site.
Article 8 – Personal Data
The Site may be consulted without the User having to reveal his/her identity or any other information of a personal nature.
Manitou collects and carries out automated processing of the personal data provided by the User when creating and/or updating his/her customer account or contact request via the Site.This data is required for the management of the customer account, promotional operations, conducting satisfaction surveys, any disputes, compiling statistics and sending newsletters, unless the User opted out when creating the account or has unsubscribed.
The personal data collected may consist of identifying data (such as names, contact information, telephone number) and electronic identification data accessible on or from your computer (such as "cookies" or IP addresses).
Manitou and its subsidiary and/or affiliated companies are the only recipients of the data collected.However, Manitou may share this data with its dealers in the Manitou network and with its business partners and contractors.
Personal data shall not be transferred outside the European Union.
The User's personal data shall be retained for as long as necessary for the purposes for which they were collected.
In accordance with the French Data Protection Act of 6 January 1978, the User has the right of information, access, rectification, opposition and deletion of the data concerning him/her by sending an email to the following address: email@example.com.For us to satisfy this request, you will need to send us the information needed to identify you: surname, first name, email address and postal address.
Manitou undertakes to take all precautions required to preserve the confidentiality and security of the collected data and to prevent them from being deformed, damaged or accessed by unauthorised third parties.
Article 9 – Intellectual Property – Legal Notices
The Site and its contents are the property of Manitou and/or have been duly licensed to Manitou, both in terms of its overall design and its software, artwork, databases, source codes, design, photographs and images, text, drawings, sounds, trademarks and logos and all other creations making up the contents of the Site.The User undertakes to comply strictly with these intellectual property rights.
Any representation, reproduction or distribution of the Site, in whole or in part, in return for payment or free of charge, carried out with prior written agreement from Manitou, is prohibited.Violation of these provisions is likely to constitute acts of infringement within the meaning of the Intellectual Property Code.
Any provision, transmission or disclosure of documents via the Site shall not be deemed to grant licensing or assignment of the related intellectual property rights to the User.
Hypertext links to the Site can only be created with the prior written authorisation of Manitou, which authorisation may be revoked at any time.
The User undertakes to comply strictly with these intellectual property rights.
Article 10 - Language – Legal Notices
Manitou provides no warranty with regard to the accuracy, precision or updating of information on the Site.Manitou and any subsidiary acting as a substitute may not be held liable for the interpretation, comprehensiveness, completeness and updating of data and information contained on the Site.
It is the User's responsibility to verify such information.Any documentation other than these GTCU, on any media whatever, such as brochures or catalogues, issued by the Site, is for descriptive purposes only.
Manitou does everything in its power to make the Site accessible 24 hours a day and 7 days a week.
The User is solely responsible for the means of connection to the Internet and for use of the Site.
Manitou may perform testing, monitoring and maintenance activities, and carry out work on the Site at any time.
Manitou may at any time interrupt, shut down or make all or part of the Site inaccessible in order to make any adjustments, for instance, to keep information updated, undertake any upgrades (additions, etc.), correct any faults or make any adjustment deemed necessary; or at the request of any legal authority and in cases of force majeure.
Manitou cannot be held liable for direct or indirect, material or intangible damage, loss of profits, or loss of opportunity resulting directly or indirectly, notably but not exclusively from the consultation or use of the information and services offered by the Site. Specifically, Manitou accepts no liability in the event of Site failure, security breach, or any damage resulting from fraudulent acts of third parties (such as intrusion) on the Site.
The User therefore waives the right to institute any proceedings against Manitou for any damages of any kind, including but not limited to loss of data, programs or files, financial losses, damage to computer equipment (including connections, software and hardware), the appearance of a virus as a result of access, use or unavailability of the Site, and appeals relating to rights and licenses required for use of and access to the Site.
Article 11: General provisions - Disputes
Legal relationships between the User and Manitou will be governed solely by the French version of the GTCU.Any translation of the French version of the GTCU is for information only.The French version shall take precedence in the event of any disagreement or discrepancy with regard to the translation.