Espace Maison - Legal Notice

Legal notice GENERAL CONDITIONS OF USE IN RESPECT OF THE ESPACE MAISON WEBSITE

These general conditions of use (hereinafter “GCU”) set out the terms under which any adult may have access to the Website. The GCU set out the rights and obligations of the Users and amounts to an agreement which binds them to Espace Maison.

By surfing on the Website, You accept unconditionally and without any restriction the entire GCU set forth below.

The Publisher is free to modify at any time the GCU in order to, inter-alia, take into account the development in the legislation, legal interpretation and/or technology. The applicable version of the GCU is the one which is currently online on the Website and is the only version which can be relied upon during the use of the Website, until its replacement by a new version.

Article 1 – Legal Information and Definitions

1.1 Company information

“Publisher” or “Espace Maison” means Espace Maison Ltée, a private company incorporated in Mauritius with company number C11620, whose registered address is at Trianon, Quatres Bornes, Mauritius. Telephone number: +230 460 8585 / Email address: ecommerce@espacemaison.mu

1.2 Definitions

The capitalised terms used in these GCU, whether used in the singular or in the plural, shall have the following meaning:

“Content” means, but is not limited to, the structure of the Website, the editorial content, the drawings, the illustrations, the images, the pictures, the graphic charters, the trademarks, the logos, the signages, the corporate names, the audio-visual artworks, the multimedia artworks, the visual contents, the audio contents and any other content on the Website and/or any other component forming part of the Website.

“Website” means the official website of Espace Maison whose address is as follows: https://www.espacemaison.mu

“User” or “You” means an adult who accesses the Website for his/her own needs and personal use and not for any commercial purposes (i.e. non-profit-making purposes).

Article 2 – Purpose of the Website

The purpose of the Website is to give You access to information about products and services offered by Espace Maison, to allow You to buy those products and services and to allow You to access your own personal account “My Account”.

Article 3 – Access to the Website

The access to the Website is restricted to adults who have the capacity to be bound by a contract. The Publisher reserves its right to request for any justification to ascertain the age of a User.

The Website is freely available to any User having an internet connexion. All costs, charges and accessories for accessing the Website (computer equipment, software, internet connexion, etc.) shall be borne exclusively by the User.

Article 4 – Website’s Intellectual Property

The Website and its Content, and more generally the reproduction or use of all the material found on this Website, are protected by the applicable intellectual property laws.

They are the entire property of Espace Maison or its partners. Any reproduction, representation, use or adaptation in any form whatsoever of all or a part of the Website’s contents, including the software applications, without the prior written consent of Espace Maison, are strictly prohibited. No failure by the Publisher to initiate any legal action or proceedings pertaining to the unauthorised use of the Website and its Content shall constitute an authorisation to use or a waiver of any right or remedy.

Regarding the online ordering services, all information contained on the Website are valid for Mauritius only, excluding Rodrigues and the outer islands.

Article 5 – User’s obligations

The User expressly undertakes:

• to access the Website via his/her device solely for his/her personal use and not for any commercial purposes;
• not to, permanently or temporarily, reproduce all or a part of the Website by any means and in any form;
• not to use a software or any other means to copy the Content without the prior written consent of the Publisher;
• not to adapt, modify, translate, transcript, adjust, compile, decompile, assemble, disassemble, transcode, nor do any reverse engineering on all or part of the Website and/or its Content;
• not to use software or devices which may disturb the proper running of the Website;
• not to extract or reuse, even for private purposes and whether or not a substantial part, without the prior written consent of the Publisher, the database contents and archives made up by the Website;
• not to install computer systems which may, in whole or in part, hack the Website and/or its Content, or which may violate the provisions of this GCU;
• to notify the Publisher as soon as he/she is aware of any act of piracy and particularly any illegal or improper use of the Website and/or its Content, irrespective of the means of transmission;
• not to sell, lease, sublicense or distribute in any way whatsoever the Website and/or its Content to any third parties.

Article 6 – Navigation and Subscription on the Website

6.1 Navigation

The User can freely have access to the Website without having to subscribe.

6.2 Subscription

The subscription to the Website is free and optional.

The subscription to the Website is required when the User wishes to use the online ordering services. To subscribe, the User shall provide, by filing out a form, such information, including his/her name, surname, address, email address and telephone number, so that the Publisher can identify the User.

Upon the subscription, the User will have to create a unique username and password which will be confidential. The User will have to submit his/her username and password for any further identification on the Website. Entering the User’s credentials on the Website is proof of the identity of the User and the Publisher shall not be held liable for any loss or damage arising out of, inter-alia, identity theft.

The User undertakes to provide accurate information upon the subscription on the Website and to update the information in the event of any change.

The User is solely responsible for the use of his/her credentials, even if these credentials have been automatically saved on a computer, smartphone or any other device allowing an automatic identification and connexion to the Website.

Any access or use of the Website and any transmission of data from the User’s account shall be irrevocably deemed to have been made by the User himself/herself. The User is the only one responsible for the safeguard of his/her personal credentials. In this regard, when using a public computer, the User shall ensure that he/she has logged out correctly from the Website.

The User shall be solely responsible for any loss, misappropriation or unauthorised use of the User’s credentials. In any of the above-mentioned event, the User shall forthwith notify the Publisher by email, stating his/her credentials, name and surname at ecommerce@espacemaison.mu , so that the Publisher may reinitialise the User’s account.

Article 7 – Availability and administration of the Website

The Publisher shall use its best endeavours to secure the access, the view and the use of the Website. The Website is available 24 hours a day, seven days a week, save and except in the event of a force majeure or reasons beyond the control of the Publisher, and subject to any breakdowns that may occur or maintenance work which might be needed to ensure proper running of the Website. The maintenance works may be carried out without any prior notification to the User.

In order to ensure the sound administration of the Website, the Publisher may at any time:

• suspend, interrupt or restrict the access to all or a part of the Website;
• restrict the access to the Website or part of the Website, to a specified category of Users;
• destroy any information which may disturb the operation, or which may conflict with national laws, international conventions or with the rules of netiquette;
• suspend the Website in order to carry out updates.

Article 8 – Limitation of warranty

The access and the use of the Website will be at the User’s own risk.

The User shall take all necessary precautions in order to protect his/her personal data and/or software saved on his/her electronic devices, computer equipment and smartphone against any attack.

The User declares that he/she is aware of and accepts the characteristics and limits of the internet network, including the functional characteristics and the technical performance of the internet network; the issues due to the connexion and/or access to the internet network and/or websites; the issues due to the availability, failure and network congestion; the absence of protection of certain data against any misappropriation or piracy; the risks of contamination by any viruses circulating over the network, etc. for which the Publisher cannot be held liable in any way whatsoever.

The Publisher cannot be held liable:

• in the event of transmission failure, late transmission or error in the transmission of data which is beyond its reasonable control;
• for the sending of messages and/or data to a false, wrong or incomplete address;
• if data cannot be retrieved for any reason whatsoever, or if the data retrieved are illegible or impossible to process;
• in the event that the User cannot access or use the Website and/or the Content for any reason whatsoever;
• if, for any reason whatsoever, the connexion is interrupted.

The User understands and accepts that the Publisher cannot be held liable for any loss or damage of any nature, suffered by the User, to his/her devices, computer equipment and smartphones in which data are saved, nor the consequences which can affect his/her personal, professional or commercial activity. The User therefore waives all its rights to any claims or actions against the Publisher.

In the event that the Publisher is subject to legal proceeding or amicable settlement because of the use of the Website by the User, the Publisher may have recourse against the User in order to be indemnified against all damages, costs, liabilities and expenses arising out of the legal proceeding or amicable settlement.

Article 9 – Hyperlinks

In the event that the Website includes hyperlinks to other websites which are published by third parties, the Publisher shall not be liable for the contents on these third-party websites or for contents accessed through a hyperlink found on a third-party website. The existence of hyperlinks on the Website towards another third-party website does not constitute an approval by the Publisher of this third-party website or its content. The Publisher shall not be responsible for any modification or update regarding third-party websites. The Publisher shall not be responsible for the transmission of information from any third-party websites, nor for the failure of the third-party websites to operate.

The User shall not set up any hyperlink towards the whole or part of the Website, save and except with the prior written consent of the Publisher which shall be requested by post at the following address: Trianon Shopping Park, Mauritius.

The Publisher may refuse, at its own discretion and without justification, to grant such an authorisation. In the event that the Publisher has granted an authorisation, this authorisation shall only be temporary and may be withdrawn at any time without justification by the Publisher. In any event, all hyperlinks shall be removed upon request by the Publisher.

All accessible information via a hyperlink towards third-party websites is beyond the control of the Publisher which shall not be held liable for their contents.

Article 10 – Protection of personal data

By accepting this present GCU, the User expressly accepts Privacy Policy pertaining to personal data which forms part of the GCU.

Article 11 – Pictures and representation of products

The pictures accompanying the products description are non-binding and given only for illustration purposes and shall not in any way whatsoever engage the responsibility of the Publisher.

Article 12 – Applicability and Evolution of the GCU

The GCU are applicable to all User of the Website.

The User is invited, upon each visit, to carefully read the GCU which are available via a hyperlink found on the home page of the Website and which may be amended at any time without notice by the Publisher.

The applicable GCU are those in force at the date of the connexion and use of the Website by the User.

The Publisher reserves the right to modify, at any time, the whole or a part of the provisions of the GCU without prior notice to the User in order to adapt the GCU to the evolution of the services, the technical progress, the legal or case law development or the provision of new services.

Any amendments made by the Publisher in respect of the GCU will be brought to the attention of the User by simply publishing the updated GCU online. After an update, Users who access the Website shall be incontestably deemed to have accepted the updated GCU. The User is therefore invited to regularly read the GCU.

Any new service which includes new techniques or new characteristics improving the quality of the existing services shall be governed by this GCU, save and except as otherwise provided.

Article 13 – Applicable Law and Competent Jurisdiction

The present GCU shall be governed by the laws of Mauritius and the courts of Mauritius shall have the exclusive jurisdiction, save and except when the laws provide otherwise.

Article 14 – Contact

Any queries pertaining to the Website can be made via:

Email: ecommerce@espacemaison.mu

Telephone: +230 460 8585