SIMPLY ANNECY.....
Website Terms & Conditions
Last updated 27 May 2024
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1. Introduction
1.1 These terms and conditions govern your use of our website; www.simplyannecy.com.
1.2 Under Article 6 of Law No. 2004-575 of June 21, 2004 for confidence in the digital economy, it is specified to users of the site www.simplyannecy.com the identity of the various stakeholders in its implementation and monitoring. The website is designed, maintained and owned by:
Bernadette Szatkowski E.I.
SIRET: 89512248900019.
1.3 The website host is Wix, located at:
Wix Online Platforms Limited,
1 Grant's Row, Dublin 2,
D02HX96, Ireland.
1.4 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.5 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.6 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
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2. Copyright Notice
2.1 Subject to the express provisions of these terms and conditions:
(a) Simply Annecy ("we," "us," or "our"), owns and controls all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
(c) Any unauthorized exploitation of the site or of any of the elements it contains will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
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3. Permission to use Website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
(d) stream audio and video files from our website using the media player on our website; and
(e) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal purposes; you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) exploit material from our website for a commercial purpose; or
(d) redistribute material from our website.
(e) any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, except prior written authorization of Bernadette Szatkowski.
3.6 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
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4. Misuse of Website
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
4.3 Bernadette Szatkowski reserves the right to remove, without prior notice, any content deposited in this space which would contravene the legislation applicable in France, in particular the provisions relating to data protection. If necessary, Bernadette Szatkowski also reserves the possibility of calling into question the civil and/or penal responsibility of the user, in particular in the event of message with racist, injurious, defamatory, or pornographic character, whatever the support used (text, photograph…).
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5. Use on Behalf of an Organisation
5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
6. Blog Subscription and Cancellation
6.1 You may subscribe to our blog by submitting your email address to our website and clicking on the verification link in the email that the website will send to you.
6.2 You must not allow any other person to use your email to access the website.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your email address.
6.4 You can unsubscribe to the blog at any time by using the Unsubscribe button.
6.5 We may:
(a) temporarily suspend your registration; and/or
(b) cancel your subscription,
at any time on our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 7.1.
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7. Personal Data Management
7.1 In France, personal data is protected by the law n° 78-87 of January 6, 1978, the law n° 2004-801 of August 6, 2004, the article L. 226-13 of the Penal Code and the European Directive of October 24, 1995.
7.2 When using the Site, the following information may be collected: the URL of the links through which the user accessed the Site, the user’s access provider, the user’s Internet protocol (IP) address. In any case, Bernadette Szatkowski only collects personal information about the user for the need of certain services offered by the Site.
7.3 The user provides this information with full knowledge of the facts, in particular when he/she enters it. It is then specified to the user of the Site the obligation or not to provide this information. In accordance with the provisions of articles 38 and following of the law 78-17 of January 6, 1978 relating to data processing, the files and freedoms, any user has a right of access, of correction and opposition to the personal data relating to it, by carrying out its written and signed request, accompanied by a copy of the title of identity with signature of the holder of the document, while specifying the address to which the answer must be sent.
7.4 No personal information of the user of the Site is published without the user’s knowledge, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the assumption of the repurchase of www.simplyannecy.com and its rights would allow the transmission of the aforementioned information to the possible purchaser who would in turn be held to the same obligation of conservation and modification of the data with respect to the user of the Site.
7.5 The databases are protected by the provisions of the law of July 1, 1998 transposing the directive 96/9 of March 11, 1996 on the legal protection of databases.
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8. Advertisements
8.1 We will consider requests to advertise on our website, on a case-by-case basis.
8.2 You may submit an advertisement to our website by contacting us at info@simplyannecy.com.
8.3 You will have the opportunity to identify and correct input errors prior to making your order.
8.4 Advertisements submitted to our website must constitute bona fide advertisements relevant to expats moving to and/or living in Annecy that are true, fair and accurate in all respects.
8.5 Advertisements submitted to our website must not be for any product, service or other subject matter that:
(a) breaches any laws, regulations or codes;
(b) infringes any third party intellectual property rights or other legal rights; or
(c) may give rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law
(d) consists of or contains material that would, if published on our website by you, contravene the provisions of Section 14
(e) items that encourage or facilitate the infringement of any intellectual property right.
8.6 Your advertisements must comply with the requirements of Section 4 and Section 14.
8.7 You grant to us a worldwide, non-exclusive, royalty-free licence to publish your advertisements on our website, and to copy, alter and store your advertisements in connection with their publication on our website, together with the right to sub-license these rights.
8.8 You must keep us informed of changes to your business so that we can delete or unpublish any advertisements that have ceased to be relevant to our users (for example, because the subject advertised is no longer available).
8.9 Advertisements submitted to our website will be individually reviewed and will usually be published within 72 hours following submission; however, we do not guarantee publication within this period.
8.10 Without prejudice to our other rights under these terms and conditions, we reserve the rights to reject, unpublish or delete advertisements that breach these terms and conditions or that do not meet any additional guidelines for submissions published on our website. If we reject, unpublish or delete an advertisement in accordance with this Section 8.10, we will not refund any applicable posting fees.
8.11 If we accept your advertisement submission, then it will remain published on our website for the agreed relevant period, subject to these terms and conditions.
8.12 From time to time we may allow the publication of advertisements on our website free of charge, providing that free advertisements will be subject to such additional terms and conditions as we may specify from time to time, and we may delete free advertisements at any time in our sole discretion with or without notice to you.
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9. Our Role
9.1 You acknowledge that:
(a) we do not confirm the identity of website users, check their credit worthiness or bona fides, or otherwise vet them;
(b) we are not party to any contract for products, digital products or services advertised or listed on the website;
(c) we are not involved in any transactions between website users in any way;
and accordingly we will not be liable to any person in relation to any contract or other arrangement between website users; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract between website users and we will have no obligation to mediate between the parties to any such contract.
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10. Report Abuse
10.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
10.2 You can let us know about any such material or activity by emailing us at info@simplyannecy.com or by using our Contact Form.
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11. Limited Warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12. Limitations and Exclusions of Liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.6 shall not apply.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.7 shall not apply.
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13. Indemnity
13.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
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14. Breaches of these Terms and Conditions
14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
14.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
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15. Third party websites
15.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
15.2 We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
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16. Trade marks
16.1 Our logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
16.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
17. Variation
17.1 We may revise these terms and conditions from time to time.
17.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
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18. Severability
18.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Third Party Rights
19.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
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20. Entire Agreement
20.1 These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
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21. Law and Jurisdiction
21.1 These terms and conditions shall be governed by and construed in accordance with French law.
21.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of France.
21.3 The main law involved is Law no. 78-87 of January 6, 1978, as amended by Law no. 2004-801 of August 6, 2004 on information technology, files and freedoms. Law n° 2004-575 of June 21, 2004 for confidence in the digital economy.
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22. Statutory and Regulatory Disclosures
22.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
22.2 These terms and conditions are available in the English language only.
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23. Our Details
23.1 This website is owned and operated by Bernadette Szatkowski E.I.
23.2 We are registered in France under SIRET number 89512248900019, and our registered office is 6 Boulevard St Bernard de Menthon, 74000 Annecy.
23.3 You can contact us:
(a) using our website contact form; or
(b) by email; info@simplyannecy.com or
(c) by phone; 0033 6 2813 82 60.
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