Legal information
Last update: 31 May 2024
IMPORTANT LEGAL INFORMATION
Publisher:
The carmacks.com website (hereinafter the “Website”) is published by VINCI Construction, a simplified joint-stock corporation (“joint stock company”) with share capital of €366.400.000), registered with the Nanterre trade and companies register under number 348 866 260, whose registered office is located at 1973, boulevard de la Défense – 92000 Nanterre and whose contact details are as follows:
· Telephone: +33 1 57 98 61 00
· Email: contact@carmacks.com
The publication manager is Maxence Naouri (VINCI Construction)
Host:
The Website is hosted by VINCI CONSTRUCTION SI, a partnership with capital of €510,000, who’s registered with the Nanterre trade register under number 414 965 053, with its registered office in 1973, boulevard de la Défense – 92000 Nanterre, France
· Telephone: +33 1 57 98 61 00
· Represented by Ludovic Demierre et Thierry Mirville in his capacity as Manager, whose address for service in that capacity is the aforementioned registered office, duly authorized for the purposes hereof,
· The website is hosted in France. The technical service provider (datacenters and network access) is Equinix.
Credits:
The Website was designed and produced by Spintank using WordPress.
The videos and photos published on the Website are the property of VINCI Construction, Eurovia and VINCI or have been licensed to them by all relevant intellectual property rights-holders.
GENERAL TERMS AND CONDITIONS OF USE
The carmacks.com website (hereinafter the “Website”) is the institutional website of VINCI Construction and presents its business activities.
Accessing, consulting, browsing and/or using the Website and its services entails full acceptance of these general terms and conditions of use (hereinafter “T&Cs”), the purpose of which is to define the ways in which the Website and its services may be used by anyone accessing, consulting, browsing and/or using some or all of the Website and its services (hereinafter “User”).
Accordingly, before making any use of the Website and its services, the User is invited to consider these T&Cs. If the User refuses some or all of the stipulations of these T&Cs, he/she is requested not to use the Website or its services.
These T&Cs may be accessed at any time on the Website and shall, as the case may be, take precedence over any other version or any other document containing contradictory provisions.
You may send any questions directly to VINCI Construction by sending an email to contact@carmacks.com.
1. INTELLECTUAL PROPERTY
The Website, all its constituent elements and elements made available to Users – including trademarks, logos, photos, programs, source code, object code, data, databases, animated or non-animated images, sound, drawings, graphics, videos, text, layout, appearance, structure and any other element not related to hypertext links to third-party sites – are the property of VINCI Construction or have been licensed to it by the relevant intellectual property rights-holder.
All of these elements are subject to French and international intellectual property regulations, particularly the French Intellectual Property Code, and accordingly are protected against any unauthorized use by the law or by these T&Cs, the violation of which may give rise to criminal prosecution.
VINCI Construction grants to the User, on a personal and non-exclusive basis and free of charge, a right to consult and use the Website and its services for his/her own use and strictly within the scope of the operations authorized in these T&Cs.
Subject to usage rights granted to the User by VINCI Construction, the use of the Website and its services does not entail the granting of any license or the assignment of any rights regarding the Website’s elements to the User. In particular, any copying, reproduction, representation, adaptation, modification or dissemination of some or all of the Website, or of some or all of its content, by any method and using any medium shall be unlawful, unless VINCI Construction or the intellectual property rights-holder has given express prior authorization in writing.
Failure to comply with these stipulations, in particular for commercial exploitation purposes, may result in the rights-holders in question commencing legal proceedings on the grounds of infringement of intellectual property rights, unfair competition and/or parasitic copying. This is without prejudice to VINCI Construction’s other rights, including its right to seek damages for any harm suffered.
2. ACCESS TO THE SITE
Access to the Website is technically possible twenty-four (24) hours a day, seven (7) days a week, subject to cases of force majeure, outages and any maintenance required to ensure the smooth running of the Website.
To access certain services offered on the Website, the User may have to fill in mandatory fields of forms associated with the relevant services (such as requests for contact details). The User warrants that the information provided in that way shall be truthful and accurate. To find out more about how VINCI Construction uses personal information, the User is invited to consult the Personal data protection policy.
In any event, the User represents that he/she has the necessary skills and resources to access and use the Website and its services. For that purpose, the User must have a computer or other device with an internet connection, whose settings allow the Website and its services to work properly.
In general, the User represents that he/she is aware of the risks related to browsing websites and using online services, and that he/she accepts them. In particular, the User acknowledges that information sent to or from or stored on a website may be intercepted or altered independently of VINCI Construction’s wishes.
As a result, the User is strongly advised to take all necessary precautions to guard against the effects of hacking, particularly by adopting secure and appropriate settings for his/her computer, mobile phone or any other device used (for example by installing anti-virus software that is regularly updated).
3. THE USER’S GENERAL OBLIGATIONS
The User undertakes to use the Website and its services in accordance with these T&Cs, and in particular undertakes not to use them for commercial, prospecting, solicitation or advertising purposes.
In particular, the User shall refrain from:
· any conduct that may harm the integrity, operation or security of the information system on which the Website and its services run;
· any intrusion or attempted intrusion into the information systems of VINCI Construction or any other VINCI group company;
· any attack or attempted attack on the Website’s authentication measures and other security measures;
· any collection, extraction or use of information present on the Website in any way;
· and more generally, any act that may damage the rights and interests of VINCI Construction or any other VINCI group company.
If VINCI Construction believes that any violation or any wrongful use of the Website and its services has taken place, it reserves the right to terminate this contractual relationship by operation of law, without notice or compensation, and to block any future access by the User to some or all of the Website and its services.
4. LIABILITY
The Website is made available to the User free of charge. Although VINCI Construction shall strive to ensure that the Website is reliable, it does not warrant that the Website will be free of errors, inaccuracies, omissions, outages, flaws or faults. VINCI Construction does not warrant the accuracy, quality, lawfulness or suitability of any particular use of the Website, the services offered, or the content published on it. Accordingly, the User acknowledges that he/she uses the Website, the services offered, and the content published on it at his/her own risk.
The User acknowledges that he/she is aware of these T&Cs and agrees to comply with them. The User has sole responsibility for his/her intended use of the Website and its services, and for maintaining the security and integrity of his/her data, hardware and software when he/she uses the Website or its services in any way.
Accordingly, VINCI Construction cannot be held liable for direct or indirect damage that may result from:
· any malfunction or infection of the User’s IT hardware while browsing the Website or afterwards, any inaccessibility or poor usage conditions attributable to such hardware, to the internet services provider, to internet congestion or to any other factor external to VINCI Construction;
· the cost of electronic or telephone-based communications resulting from the use of that hardware, which is at the User’s sole expense, and which will not be borne by VINCI Construction;
· any interruption, temporary or permanent, of some or all of the Website’s functions, particularly in the event of maintenance, modification or updating of the Website, a technical incident and, more generally, any event outside of VINCI Construction’s control;
· any consequence that may arise from the content of third-party websites to which any hypertext links on the Website may point;
· any indirect harm suffered by the User;
any harm suffered by the User or a third party resulting from any use of the Website that does not comply with these T&Cs;
· any breach of the obligations provided for in these T&Cs that are caused by or originate from a fortuitous event, or a case of force majeure as defined by Article 1218 of the French Civil Code.
Where VINCI Construction is held liable for damage not provided for in this article, its liability will be limited to certain, real and direct damage.
In no event may VINCI Construction, its managers, employees, representatives or partners, or VINCI group companies, be held liable for indirect damage resulting from the use of the Website, the services proposed, and the content published on it, including any opportunity cost, loss of profit, loss of a chance or damage resulting from a loss of data caused by an inability to use the Website and its services.
5. MODIFICATION
The T&Cs have a precise date and may be modified and updated by VINCI Construction at any time, including when changes are made to the Website or to the applicable regulations.
The applicable T&Cs are those published on the Website when the User accesses the Website. Accordingly, the User is invited to consult the T&Cs each time he/she accesses the Website.
This version of the T&Cs supersedes all previous versions.
6. DISCONTINUATION OF THE WEBSITE
VINCI Construction reserves the right to prevent access, temporarily or permanently, to some or all of the Website or to the services offered on it, including in the event that the activity related to the provision of the Website is discontinued and in the event of insolvency proceedings.
7. ASSIGNMENT
Subject to applicable laws, the User agrees that these T&Cs that binding him/her to VINCI Construction may be assigned or transferred in any way. If the company is transferred to a third party, these T&Cs binding the User to VINCI Construction will automatically be transferred to the transferee.
8. HYPERTEXT LINKS TO OTHER WEBSITES AND EXTERNAL SOURCES
The Website may include hypertext links to websites or internet sources other than those published by VINCI Construction. Insofar as VINCI Construction cannot control these external sites and sources, it cannot be held liable for enabling access to these external sites and sources. Accordingly, VINCI Construction shall not be liable for the content, advertising, products, services or any other material available on or from these external sites or sources. Accordingly, the decision to activate the links resides solely with the User.
VINCI Construction reminds the User that non-affiliated external websites and sources are subject to their own terms and conditions of use.
If the User wishes to create a hypertext link to the Website, he/she must obtain prior written authorization from VINCI Construction by sending an email to contact@carmacks.com.
VINCI Construction may accept or reject any request sent to it for that purpose at its discretion. VINCI Construction has no obligation to accept any such request or to provide any reason for rejecting any such request.
9. VALIDITY OF THE T&CS
Each article of the T&Cs shall apply separately. Any amendment of the applicable regulations, or any decision by a court or competent authority that invalidates one or more articles of the T&Cs, shall not invalidate the T&Cs as a whole. In no event shall such an amendment or decision authorize the User to disregard the valid provisions of the T&Cs.
10. LANGUAGE
These T&Cs were originally drafted in French. If they are translated into one or more other languages, only the French-language version shall prevail for litigation purposes.
11. APPLICABLE LAW / JURISDICTION
These T&Cs and the operations that result from them shall be governed, interpreted and applied in accordance with French law.
In the event of a dispute regarding their interpretation or performance, VINCI Construction and the User shall seek an out-of-court agreement before commencing any contentious proceedings and shall provide each other with all information necessary for that purpose.
If VINCI Construction and the User fail to reach an out-of-court agreement within two (2) months of the other party being notified of the dispute, jurisdiction is expressly attributed to the courts of Nanterre.
12. FIGHTING AGAINST FORCED LABOUR AND CHILD LABOUR IN SUPPLY CHAINS ACT
The federal Fighting Against Forced Labour and Child Labour in Supply Chains Act S.C. 2023, c. 9 came into effect on January 2024.
This Act requires from Canadian entities covered by the Act to submit a Report on the risks and measures related to the use of forced labour and child labour in the supply chain of the said entities.
The Group’s Canadian entities’ Report can be viewed here.