The purpose of these general conditions of use (hereinafter “CGU”) is to define the terms and conditions applicable to the use of the “CARSUP” website (hereinafter “the Site”):
> published by CARS-UP, a simplified joint stock company with a capital of 175,877.91 euros, registered in the Orléans Trade and Companies Register under number B 851 614 594, having its head office at 1 rue des Hauts 45380 La Chapelle-Saint-Mesmin, France and referred to below, for the purposes of these Terms and Conditions, under the term “Publisher”,
> by the users of the Site, (hereinafter the “User”).
The Publisher and the User are individually referred to as the “Party” and collectively as the “Parties”.
The use of the Site by the User is subject to acceptance and compliance with the T&CGU.CARSUP reserves the right to modify these T&Cs at any time, in particular to provide, modify or delete certain functionalities of the Site. The version of the CGU, applicable between CARSUP and the User, is the one in force at the time of connection and use of the Site. It is therefore advisable for the User to refer before browsing to the latest version of the CGU, accessible at any time on via the page: www.carsup.io/general-conditions-of-use
In the event of reservations or disagreement with the CGU, the User must no longer use the Site. The abbreviations and terms (beginning with capital letters) used but not specifically defined in the CGU have the meaning defined in the terms of the CGS accepted by the USER CLIENT at the time of signing the CARSUP Contract. These T&Cs are accessible at any time on the Site and can be downloaded by the User in order to store them.
The Site allows the User to:
> Get to know Carsup and its Services
> Request information on CARSUP Services by completing a contact form
> Access the Vehicles on sale at CARSUP
> Access information related to the automotive world.
These functionalities may be enriched or modified at any time by CARSUP, at its discretion.
To access the Site, the User must have a computer or a mobile terminal and access to the Internet network. The User must also have an Internet browser.The Site is accessible via the majority of available browsers (Microsoft Edge, Google Chrome Safari, Mozilla, Opera,...) in the versions currently supported by the editors.The quality of navigation on the Site is subject to the conditions of use specific to the chosen browser.
The use of the Site by the User is governed, in addition to the Terms of Use, by the Privacy Policy, relating to the processing of personal data and the way in which Cookies are used in connection with the Site. When filling in contact forms on the Site, the User will be asked to confirm whether he agrees to the CARSUP Privacy Policy, which can be accessed directly at any time via the link https://www.carsup.io/privacy. The express acceptance of the CARSUP Privacy Policy is essential for the use of the Site and its forms by the User, which necessarily require the collection and processing of certain personal data of the User by CARSUP.
The structure and content of the Site (including the texts, graphics, images, images, images, photographs, sounds, videos and computer applications that constitute it) are protected as such by the laws in force and applicable to copyright and intellectual property.
Any representation, reproduction, adaptation, distribution, extraction, decompilation, decompilation, disassembly, use, or exploitation, total or even partial, by any process whatsoever, of the contents, registered trademarks, content of any kind present or appearing on the Site (with the exception of elements designated as being free of rights), without the prior and express authorization of the Publisher and/or any holder of the intellectual property rights concerned, is prohibited and may be the subject of legal proceedings.
Access to the Site and its use do not constitute recognition of any intellectual property right to the User on the Site and/or on any element appearing on it or the component, of which the Publisher holds the intellectual property rights, in ownership or enjoyment.
At most, the User benefits from a license to use the Site and its content, which is strictly and personally granted to him, on a strictly personal and non-commercial basis, non-transferable and non-transferable, revocable, and non-exclusive, for the sole purposes of his use of the Site.
It is strictly forbidden for the User to access and/or to use and/or to attempt to access or use the source codes or objects of the Site, just as it is forbidden for him to enter data on the Site that would modify it or that would be likely to modify its content or form.
Users are also strictly prohibited from copying and/or diverting the concept, technologies or any other element of the Site for their purposes or those of third parties.
The Site may contain or refer to hypertext links pointing to Internet sites over which the Publisher does not exercise control. Even if the Publisher carries out regular checks, it is not possible for him to give any guarantee whatsoever as to the content of these sites and the Publisher declines all responsibility in this regard.
Any referral by the User to his website or on social networks to the Publisher's Site (in whole or in part), through hypertext links, meta tags, code or other devices is subject to the prior and express approval of the latter. In any event, the Publisher reserves the right to have a hypertext link pointing to its Site deleted at any time, if the site on which this link appears does not comply with the editorial line chosen by the Publisher.
The Publisher makes its best efforts and implements the technical solutions at its disposal to allow access to the Site 7 days a week and 24 hours a day. However, for technical reasons or in the event of difficulties related to the Internet network and the influx of Users on the Site, CARSUP cannot guarantee permanent accessibility and continuity of service to the Site. However, CARSUP may temporarily suspend, limit or interrupt access to the Site in order to update, modify its content, or any other action deemed necessary to resolve technical problems or to ensure the proper functioning of the Site (such as maintenance operations), without any liability being incurred. Except in the event of a sudden and unpredictable technical incident, CARSUP will make its best efforts to inform Users in advance of the unavailability of the Site related, for example, to an update or a scheduled maintenance operation.
Except in cases of Force Majeure, the User is responsible for:
> the conservation, under his supervision, of his equipment and his connection information. As such, the User undertakes to keep them confidential and not to transmit them to third parties. If the User is aware of an unauthorized use of his Account or without his knowledge, he undertakes to immediately inform CARSUP by writing to the following address: contact@carsup.io. The User acknowledges that CARSUP has the right to take all appropriate measures in such cases.
> the use he makes of the Site or the services offered there;
> compliance with the CGU.
The Publisher is only responsible for the content that he himself has published on the Site and cannot guarantee, in all circumstances, the accuracy and completeness of the information published there.
Except in cases of Force Majeure applicable to him, the Publisher is not responsible for:
> technical, computer or compatibility problems or failures of the Site resulting from the installation or use by the User in parallel of any hardware or software whatsoever;
> the intrinsic characteristics of the Internet, in particular those relating to the lack of reliability and the lack of security of the information circulating on it;
> possible malfunctions on the mobile terminals used by the User and/or the download platforms;
> illegal content or activities using his Site, and of which he is not aware and/or over which he cannot exercise any control; ·
> to the fullest extent authorized by applicable law and except for proven fault or gross negligence, damages, including foreseeable, material or intangible, in connection with or resulting from the use, the impossibility of using or the unavailability of the Site. CARSUP's liability is limited, in any event, to proven direct material damage suffered by the User.
The fact that one of the parties (the Publisher or the User) does not rely on a breach by the other party of any of the obligations referred to in these T&Cs cannot be interpreted for the future as a waiver of the obligation in question.
These CGU are subject to French law.
In the event of a dispute that may arise during the interpretation or application of the CGU, the User is invited to refer to the provisions of Article 10 “Applicable Law and Disputes” of the CSSLs (accessible through the “Legal Information” tab dedicated to the Application) which also govern the procedures for resolving disputes in connection with these T&Cs.
For any question or request for information concerning the Site or any report of illegal content or activities, the User may contact the Publisher at the following email address: contact@carsup.io.