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TERMS AND CONDITIONS OF USE (T&Cs) FOR THE ICIGO WEBSITE

Last updated: 18 December 2024

1. INTRODUCTION TO THE WEBSITE

The ‘ICIGO’ website (hereinafter ‘the Website’) is owned by Etineria Inc. (hereinafter ‘the Owner of ICIGO’) and is operated by Etineria Tours, a simplified joint-stock company (SASU) with a share capital of 7,500 euros, registered with the Pointe-à-Pitre Trade and Companies Register under number 919531707, whose registered office is situated at Savannah - Bat B - APT 48 - Le haut du bourg - 97118 Saint-François (hereinafter “Etineria”).

2. ACCEPTANCE OF THE TERMS AND CONDITIONS

By accessing the Website, browsing it or using any of its services, you (hereinafter ‘the User’ or ‘you’) fully and unreservedly accept these Terms and Conditions of Use (TCU). If you do not accept these Terms and Conditions, please do not use the Website.

Access to and use of the Website may be subject to other specific terms and conditions, for example when ordering services (see our General Terms and Conditions of Sale – GTC) or regarding the protection of personal data (see our Privacy Policy). We invite you to familiarise yourself with all of these documents.

3. SCOPE

These Terms and Conditions of Use govern the use of the Website, including access to content, information, images, audiovisual material, software, and the services and features offered by the Owner of ICIGO or Etineria. They apply regardless of the territory from which you access the Website.

4. TERMS AND CONDITIONS OF ACCESS AND USE OF THE WEBSITE

  • You agree to use the Website strictly for personal and informational purposes.
  • You must not copy, reproduce, publish, retransmit, distribute, modify, create derivative works, sell or exploit the content of the Website without the prior written authorisation of the owner of ICIGO or Etineria.
  • You must not post on the Website or via the Website any content that is harmful, inaccurate, unlawful or infringes the rights of third parties.
  • You undertake not to disrupt the normal operation of the Website, in particular by attempting to introduce viruses or malware onto it, or by hindering other Users’ access to it.

5. AVAILABILITY AND CHANGES TO THE WEBSITE

  • The owner of ICIGO or Etineria reserves the right, at any time and without prior notice, to amend, suspend or discontinue access to all or part of the Website, or to change its features, content or terms of access.
  • The owner of ICIGO or Etineria also reserves the right to remove any content available on the Website, including links to third-party websites, if it contravenes its guidelines or is deemed inappropriate.
  • The Website may contain links or references to other websites operated by third parties. These links are provided for convenience only.
  • The owner of ICIGO or Etineria has no control over these third-party websites, does not necessarily endorse their content, products, services or policies, and accepts no responsibility for their accessibility, accuracy or relevance.

7. INTELLECTUAL PROPERTY

  • All content appearing on the Website (text, images, logos, trade marks, databases, audio, videos, software and presentations) is protected by the applicable legislation on intellectual property.
  • Any unauthorised use of these materials, without the written consent of the owner of ICIGO or Etineria, is strictly prohibited.
  • The trade marks, logos and distinctive signs appearing on the Website belong to their respective owners and may not be used without prior authorisation.

8. USER-GENERATED CONTENT

  • Users may contribute to the Site’s content by providing material (comments, photos, videos), provided they comply with applicable laws and respect the rights of third parties.
  • By submitting content to the Website, you declare that you hold all necessary rights and authorisations and grant the Owner of ICIGO and Etineria the worldwide, non-exclusive, royalty-free, irrevocable right to use, reproduce, modify, display, distribute, communicate and promote it in connection with the Website’s activities.
  • You waive all moral rights in your content and any remuneration arising from its use, including in connection with promotional activities.

9. PERSONAL DATA AND PRIVACY

  • The processing of your personal data is governed by our Privacy Policy, which is available at: https://www.icigo.com/politique-donnees-personnelles
  • By using the Website, you accept this policy and acknowledge that the use of your data, as described, does not constitute an infringement of your rights of publicity or privacy.
  • By continuing to browse and interact with the Website after reading the Privacy Policy, you confirm that you have fully understood its contents and fully accept its terms and conditions.

10. EXCLUSIONS FROM WARRANTIES

The Website, together with its services, content and information, is provided ‘AS IS’ and without warranty.

  • The owner of ICIGO and Etineria do not guarantee that the Website will be free from errors, viruses or faults, or that it will be accessible without interruption or disruption.
  • The Owner of ICIGO and Etineria do not guarantee the accuracy, reliability, completeness or relevance of the information made available on the Website.
  • You use the Website and its content at your own risk.

11. LIMITATION OF LIABILITY

  • Under no circumstances shall the owner of ICIGO, Etineria, their licensors, directors, employees, service providers or partners shall not be held liable for any direct, indirect, special, incidental or consequential damages arising out of the use, inability to use or the reliability of the Website and the information contained therein.
  • Your sole remedy in the event of dissatisfaction with the Website is to stop using it.

12. SEPARABILITY OF CLAUSES

If any provision of these Terms and Conditions is declared invalid or unenforceable by a competent court, such invalidity or unenforceability shall not affect the other provisions, which shall remain in full force and effect.

13. APPLICABLE LAW AND COMPETENT COURT

These Terms and Conditions are governed by French law. Any dispute relating to the interpretation, application or enforcement of these Terms and Conditions shall be subject to the jurisdiction of the French courts.

14. ENTIRE AGREEMENT AND WAIVER

These Terms and Conditions, together with any other legal notices or policies appearing on the Website, constitute the entire agreement between you and the Owner of ICIGO/Etineria regarding the use of the Website.

The fact that the Owner of ICIGO or Etineria does not exercise any of its rights under these Terms and Conditions does not constitute a waiver of that right.

15. CHANGES TO THE TERMS AND CONDITIONS

The Owner of ICIGO and Etineria reserve the right to amend these Terms and Conditions at any time and without prior notice. The applicable Terms and Conditions are those in force at the time you use the Website.

16. PRECEDENCE OF THE TERMS AND CONDITIONS

These Terms and Conditions of Use (TCU) govern access to and use of the Website, as well as all the features and content it offers. For any booking, purchase or transaction made via the Website, the General Terms and Conditions of Sale (GTCS) shall take precedence and shall prevail over the GTC in the event of any contradiction or discrepancy between these two documents.

In other words, if a provision of the Terms of Use conflicts with a provision of the Terms and Conditions of Sale, the latter shall take precedence, insofar as they specifically govern the contractual relationship between Etineria and the Customer in relation to the sale of tourism services.

17. CONTACT

If you have any questions or would like further information regarding these Terms and Conditions, please contact us at:

Email: [email protected]

Address: Etineria Tours, Le Savannah No. 48, Block B, Le Haut du Bourg, 97118 Saint-François