GENERAL TERMS AND CONDITIONS OF USE OF THE SITE
EFFECTIVE NOV 14, 2019
The purpose of these general terms and conditions of use (“CGU”) is to provide legal guidance on how to make available the site and services by oceanopearls.com and to define the conditions for access and use of the services by ” the user “.
These conditions are available on the site under the heading “terms & conditions”.
Any registration or use of the site implies acceptance without any reservation or restriction of these conditions by the user. When registering on the site via the registration form, each user expressly agrees to these terms by ticking the box preceding the following text: “I acknowledge having read and understood the conditions and I accept them”.
In the event of non-acceptance of the conditions stipulated in this agreement, the user must waive access to the services offered by the site.
oceanopearls.com reserves the right to modify unilaterally and at any time the contents of these conditions.
ARTICLE 1 : Legal information
The oceanopearls.com website is published by Oltremare Ltd, a company with a capital of 200Rs, registered in Mauritius under number C16137489, whose registered office is located at Bel air Estate, Riviere des Anguilles – Mauritius.
Phone : +230-632-0856 or Email : firstname.lastname@example.org.
ARTICLE 2 : Access to the site
The oceanopearls.com site allows the User free access to the following services:
- Online purchase
- Customer service
The site is accessible free of charge in any place to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc. ) are at his expense.
The non-member User does not have access to reserved services. To do this, he must register by filling out the form. By agreeing to register for the reserved services, the Member User undertakes to provide sincere and accurate information concerning his civil status and contact details, in particular, his email address.
The User is responsible for updating the information provided. It is specified that he can modify them by connecting to his member space.
To access the services, the User must identify himself/herself using his/her user name and password that he/she has previously defined or that will be communicated to him/her after registration and that are strictly personal. As such, he refrains from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
The User may also request unsubscription by going to the dedicated page on his personal space or by sending an email to email@example.com. This will be effective within a reasonable period of time.
In the event of non-compliance with the general conditions of sale and/or use, oceanopearls.com site will have the possibility of suspending or even closing a User’s account after a formal notice sent electronically and without effect.
Any account deletion, for any reason, causes the outright deletion of any personal information of the User.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance does not engage the responsibility of oceanopearls.com. In such cases, the User thus agrees not to hold the publisher liable for any interruption or suspension of service, even without notice.
The User has the possibility to contact the site by email to the publisher’s email address communicated to ARTICLE 1 or via the online contact form.
ARTICLE 3: Intellectual Property
The brands, logos, signs, as well as all the contents of the site (texts, images, sound), are the subject of protection by the Intellectual Property Code and more particularly by copyright.
The Oceano Pearls brand is a registered trademark of Mauritius. Any representation and/or reproduction and/or partial or total exploitation of this trademark, of any nature whatsoever, is totally prohibited.
The User must request the prior authorization of the site for any reproduction, publication or copy of the various contents. He undertakes to use the contents of the site in a strictly private context, any use for commercial and advertising purposes is strictly prohibited.
Any total or partial representation of this site by any means whatsoever, without the express authorization of the website operator, would constitute an infringement punishable by article L 335-2 and following of the Intellectual Property Code.
In accordance with Article L122-5 of the Intellectual Property Code, it is recalled that the User who reproduces, copies or publishes the protected content must cite the author and his source.
ARTICLE 4: Liability
The sources of the information published on the oceanopearls.com site are considered reliable but the site does not guarantee that it is free of defects, errors or omissions.
The information provided is presented for information purposes only and in general without contractual value. Despite regular updates, oceanopearls.com cannot be held responsible for any changes in administrative and legal provisions that occur after publication. Similarly, the site is not responsible for the use and interpretation of the information contained on this site.
The User ensures that his password is kept secret. Any disclosure of the password, in any form, is prohibited. He assumes the risks associated with the use of his username and password. The site declines any responsibility.
The oceanopearls.com site cannot be held responsible for any viruses that may infect the Internet user’s computer or any computer equipment as a result of using, accessing or downloading from this site.
The site cannot be held liable in the event of force majeure or the unforeseeable and insurmountable event of a third party.
ARTICLE 5 : Hypertext links
Hypertext links may be present on the site. The User is informed that by clicking on these links, he will leave the oceanopearls.com site. The latter has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.
ARTICLE 6 : Cookies
The User is informed that during his visits to the site, a cookie may be automatically installed on his navigation software.
Cookies are small files that are temporarily stored on the User’s computer hard drive by your browser and are necessary for the use of the oceanopearls.com website. Cookies do not contain personal information and cannot be used to identify anyone. A cookie contains a unique identifier, generated randomly and therefore anonymous. Some cookies expire at the end of the User’s visit, others remain.
The information contained in cookies is used to improve the site, for example by :
- allowing a department to recognize the User’s device, so that it does not have to provide the same information several times, for example by completing a form or a survey.
- remembering that you the User has already given his username and password, so you don’t have to do it again on each new page.
- monitoring how users use the services, to make them easier to use and allocate enough power to ensure their responsiveness.
- analysing data to help understand how users interact with different aspects of online services and thus improve them
By browsing the site, the User accepts them. In the absence of acceptance, the User is informed that certain features or pages may be refused.
The User may deactivate this cookie by using the settings in his browser software.
ARTICLE 7 : Publication by the User
The site allows members to post comments under the articles and on its Blog.
In its publications, the member undertakes to comply with the rules of etiquette (rules of good Internet conduct) and the rules of law in force.
The site can exercise moderation on publications and reserves the right to refuse their publication online, without having to justify it to the member.
The member remains the owner of all its intellectual property rights. However, by publishing a publication on the site, it transfers to the company the non-exclusive and free right to represent, reproduce, adapt, modify and distribute his publication, directly or through an authorized third party, worldwide, in any medium (digital or physical), for the duration of the intellectual property. The member particularly assigns the right to use his publication on the Internet and on mobile telephone networks.
The publishing company undertakes to include the member’s name in the occurrence of each use of its publication.
Any content posted by the User is the sole responsibility of the User. The User undertakes not to put online any content that may harm the interests of third parties. Any legal action brought by an injured third party against the site will be taken care of by the User.
The User’s content may be deleted or modified by the site at any time and for any reason without notice.
ARTICLE 8: Applicable law and competent jurisdiction
Mauritian legislation applies to this contract. In the absence of an amicable resolution of a dispute between the parties, the Mauritian courts shall have sole jurisdiction to hear it.
For any question regarding the application of these conditions, you can contact the editor at the contact details provided in ARTICLE 1 or with the online contact form.