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EDITOR

Les THERMES D'AVENE, SAS capital of 1 057 212,00 €
CENTRE THERMAL AVENE, Les Bains d'Avène - 34260 AVENE
Listed with the Registre du Commerce et des Sociétés (RCS) in Montpellier n° 423 907 732

EDITORIAL DIRECTOR

Sophie MERY

WEBMASTER

To contact the webmaster click HERE

HOST

OVH a simplified joint stock company with capital of 10,069,020 euros, registered at 2 rue Kellermann - 59100 Roubaix - France,
registered under number 537 407 926, located at 2,
headquartered at 2 rue Kellermann - 59100 Roubaix – France

I. PURPOSE OF THE GENERAL TERMS OF USE

The general terms and conditions of use contained herein (collectively, the "Terms") are intended to define the conditions of access and use of the site https://www.avenecenter.com (the "Site") the exclusive property of LES THERMES D’AVÈNE that users (the "Users") unreservedly accept simply by accessing or using the Site. If they do not, LES THERMES D’AVÈNE asks Users to leave the Site.

If you are a minor, you agree to consult the Site only in the presence of your parents or guardian who will have previously accepted the Terms.

The Terms are available at any time on the Site. The use and access to the Site are for personal and non-commercial purposes only. As a general rule, the User will not use all or part of the Site for illegal purposes (copyright) or purposes in conflict with the Terms.

By accessing the Site, the User agrees to comply with the Terms as they are posted on the date of consultation.

The Terms are opposable to any User who accesses the Site.

II. THE PURPOSE OF THE SITE

The Site is made available to Users for their personal information and to provide better knowledge of the missions of LES THERMES D’AVÈNE and also of its activities. The use and consultation of the Site is therefore for personal purposes only.

Users undertake to use the Site in accordance with the purposes described in the Terms and to not use the Site in breach of the purposes of the Site. The Site can not constitute a contractual offer. The Site is free of charge and does not provide the means to any on-line purchases.

The Site provides non-contractual information about LES THERMES D’AVÈNE with the aim of presenting the available care treatments without aiming to offer direct purchase of products and/or services (unless expressly stated otherwise) (hereinafter the "Information").

The Site does not provide any medical advice and can in no way replace a medical consultation; this alone can establish a diagnosis and implement a protocol of care appropriate for each individual case. The Site aims to improve, and not replace, the existing relationship between the health professional and the subject and does not replace a consultation with a health professional.

The Site does not provide any medical advice and can in no way replace a medical consultation; this alone can establish a diagnosis and implement a protocol of care appropriate for each individual case. The Site aims to improve, and not replace, the existing relationship between the health professional and the subject and does not replace a consultation with a health professional.

III. CONTENT OF THE SITE

The Information is made available to Users on the Site. This posting does not imply the transfer of any right of ownership attached to the Information. Users are solely granted, free of charge, a personal non-exclusive, revocable, non-transferable, non-marketable, worldwide right to use the Site and Information, for the legal duration of the intellectual property rights, only for their own needs in the framework of the use of the Site, to the exclusion of any other purpose.

Users are prohibited from accessing and/or using the Site’s source code.

The content is given for information only and is non-contractual.

LES THERMES D’AVÈNE does not guarantee the accuracy and completeness of the Site content. LES THERMES D’AVÈNE agrees to make appropriate rectifications. The information posted may, moreover, have been updated between the moment the Users accessed them and that when the Users read them. LES THERMES D’AVÈNE does not in any way guarantee that this information is accurate, complete and up-to-date.

In this regard, Users are prohibited from copying or reproducing in whole or in part, the Information by any means and in any medium, existing or to be discovered in the future, translating the Information in any other language or tongue or adapting the Information.

LES THERMES D’AVÈNE cannot be held liable for any direct or indirect consequences and/or for any harm that may occur as a result of the defect or piracy of the Information. Moreover, LES THERMES D’AVÈNE does not claim an obligation of results but rather of means with respect to the information and advice posted for Users.

Finally, LES THERMES D’AVÈNE does not give any explicit or implicit guarantee, and assumes no responsibility for the use of this Information, these recommendations. These are given for information only.

For any additional information and/or in case of doubt, Users may write to LES THERMES D’AVÈNE via the contact form on the Site.

IV. ACCESS TO THE SITE

No registration is required on the Site to read its content.

In order to take advantage of the services of the Site (e.g.: make a booking), Users are invited by LES THERMES D’AVÈNE to post some of their personal data which will be treated in accordance with the confidentiality policy of LES THERMES D’AVÈNE available at following address: LINK

In the event that LES THERMES D’AVÈNE have good reason to believe that a User has not complied with these Terms, LES THERMES D’AVÈNE reserves the right to suspend or block this User’s access to the Site, without prior notice.

V. HOW TO USE USER SUBMISSION SPACES ON THE SITE

The Site’s submission spaces:

The Site provides Users with spaces for expression with the possibility of contacting or addressing questions to LES THERMES D’AVÈNE at the following address: contact.avenecenter@pierre-fabre.com

All the messages posted on these submission spaces express the ideas of the Users. Users are solely responsible for the information, messages, images and in a general way for any content that they post via the submission spaces.

When Users of submission spaces formulate medical and/or scientific claims on said submission spaces, they must have been verified beforehand and thus a priori be true and honest. Each User is invited to indicate, if possible, sources and evidence (references, links, scientific article, medical or general press, etc.) of the medical and/or scientific data posted if they do not come from his personal experience, in which case the User's comments shall be free from any ambiguity as to their origin.

LES THERMES D’AVÈNE reminds Users that all messages can be read and used by all and be repeated and quoted in other messages and this, once the message is published.

The discussions held within the framework of the submission spaces are archived.

In the event of repeated violation of Terms, LES THERMES D’AVÈNE reserves the right to lodge a complaint and will make the Internet Protocol (IP) addresses of the Users implicated available to the legal authority.

Being specified that LES THERMES D’AVÈNE has the possibility delete or simply not respond to the messages considered reprehensible, illegal, or not conforming with the Terms.

Thus, the Users guarantee not to transmit content which:

is disguised advertising material;
is false or misleading material;
publishes advertising or promotional content;
is likely to constitute an infringement of literary, artistic, trademark and industrial property rights or other rights of third parties, such as the right one’s personal image and the right of privacy;
is insulting, defamatory, slanderous, racist, xenophobic, revisionist or damaging to the honour or reputation of others. Encouraging discrimination, hatred of a person or a group of people due to their origin or belonging to or not belonging to a particular ethnic group, nation, race or religion;
is threatening to a person or group of people;
adversely affects law and order, is liable to lead to civil or criminal prosecution, or is of a defamatory nature; unconstitutional, extremist or emanating from groups that are prohibited by law; incites to commit offences or crimes, suicide or acts of terrorism or defends crimes, acts of terrorism, war crimes or crimes against humanity; is pornographic in nature, immoral or violates human dignity;
enables third parties to directly or indirectly obtain pirated software, software serial numbers, software enabling hacking and intrusion into IT and telecommunications systems and generally any software or other tool that makes it possible to violate the rights of others and the security of persons and property;
introduces viruses or any other application intended to disrupt or damage, software, hardware and computers of the Site or its Users;
constitutes chain e-mails;
engages in politics, propaganda or proselytism;
uses the Site in breach of its purpose;
posts information or content that may offend the sensitivity of younger people
interferes in any way whatsoever with the operation of the Site;
infringes the laws and regulations in force.

Users undertake to respect the image and reputation of the Site and not to engage in any declarations and/or actions adversely affecting the Site.

Moderation of the Site:

The Site’s submission spaces are moderated a posteriori by LES THERMES D’AVÈNE.

The role of the moderator is not to censor but to check that the comments posted on the Site remain polite, respectful and above all in accordance with the laws in force. Moderators can therefore immediately delete messages which (this list is not exhaustive):

are insulting, defamatory,
have advertising or promotional purposes
are racist, homophobic
include addresses or telephone numbers
are unintelligible, unrelated to designated topics or posted in multiple threads at one time.

LES THERMES D’AVÈNE may take the initiative, without prior notice, to remove, in whole or in part, any content posted in the submission spaces, if this content is likely to violate the laws and regulations in force or public decency.

LES THERMES D’AVÈNE reserves the discretionary right to publish or not your opinions or websites on its submission spaces, to modify them, to adapt them or to translate them into any language in any format and on any support, to keep them online or delete them at any time without having to keep you informed.

The conditions of imposing a ban on a User vary according to the case (seriousness of the remarks, frequency of disruption, profile, etc.). However, LES THERMES D’AVÈNE strives in general to notify the Users concerned with a warning before any sanction.

Any Users of the submission spaces who are concerned, surprised or shocked by certain messages posted in the submission spaces can send an email to the following address: contact.avenecenter@pierre-fabre.com

LES THERMES D’AVÈNE is not in any manner responsible for the quality and the legal compliance of the featured content, whatever the nature (texts, audio/sound, videos, graphics, photographs or other), posted freely by the Users.

LES THERMES D’AVÈNE may communicate, in accordance with their legal obligations and on formal request from the legal authorities, Materials enabling them to identify Users who have contributed to this content.

VI. INTELLECTUAL PROPERTY

Except as otherwise provided herein, all materials featured or displayed on the Site and the Site itself (including but not limited to texts, data, databases, graphics, logos, trademarks, brand names, cartoons, images, videos, audio/sound, software and all other items) (hereinafter called the "Materials") are the exclusive property of LES THERMES D’AVÈNE and/or third parties having granted it a licence, and is under the jurisdiction of French and International law of copyright and more broadly, of intellectual property rights.

These Materials are protected by moral rights, copyrights, trademarks, patents, database rights, trade secrets and/or any other intellectual property rights.

All rights of reproduction, representation and public communication are reserved, including visual, photographic, iconographic or other representations. The reproduction of all or part of the Site on any electronic medium whatsoever is strictly prohibited unless expressly authorised by the director of publication.

Users do not acquire any intellectual property ownership rights to the Site. Users are therefore prohibited from copying, reproducing, displaying, adapting and/or exploiting one or more Site Materials, in whole or in part, by any means and on any medium, existing or to be discovered in the future, or to translate the Materials into any other language or tongue, to adapt the Materials.

Users expressly undertake that their use of the Site does not in any way constitute an infringement of the rights of LES THERMES D’AVÈNE, and in particular that this use does not constitute an act of counterfeiting, unfair or parasitic competition.

LES THERMES D’AVÈNE grants Users a free of charge, non-exclusive, non-transferable, licence to them personally and for their private use only, for the access, use and viewing of the Site and its Materials. This right is granted for an exclusively personal, private and non-commercial use and is subject to the retention of all statements regarding rights of reproduction and intellectual property.

Any other use of the Materials is strictly prohibited and constitutes a violation of the provisions of the Intellectual Property Code.

Users are not authorised to sell, rent, place on the market, transfer, assign or modify or adapt the Site, merge all or part of it with another software, translate, decompile, disassemble or create any software, any derived functions of the Site, without the express written permission of LES THERMES D’AVÈNE.

No copy of the Site is possible without the authorisation of LES THERMES D’AVÈNE. Failure to comply with these rules would amount to a copyright infringement.

VII. HYPERTEXT LINKS

         Hypertext links on the Site:

LES THERMES D’AVÈNE may provide the Site with hypertext links for the consultation of other, external websites managed by third parties. However, as LES THERMES D’AVÈNE does not publish these websites, it has no control over their content. Consequently, LES THERMES D’AVÈNE gives no guarantee regarding the information available on these other sites and is not responsible for their content, products, services, advertising, or with regard to any personal data collection and transmission, installation of cookies or any other process intended for the same purposes, carried out by such websites. The use of a link to any other website is therefore the sole responsibility of the Users

         Hypertext links to the Site:

It is possible to insert a hypertext link to the Site on the site of a User.

However, the creation of hypertext links to the Site can only be done with the express written authorisation of LES THERMES D’AVÈNE. The lack of response from LES THERMES D’AVÈNE can in no way be interpreted as constituting authorisation.

All requests for authorisation must be sent via the contact form on the Site.

No authorisation shall in any circumstances be granted, without this list being exhaustive, to a website publishing information and/or content of an illicit, illegal and/or political, polemical, religious, pornographic or xenophobic nature, it being understood that such content and/or information is in any event unlawful.

The permission to insert a hyperlink does not in any way allow:

neither the reproduction of one or more Materials of the Site;
nor the presentation on the User’s website, of one or more of the Materials of the Site in frames (technique consisting of dividing a web page into several small windows in each of which it is possible to display a document under html format or other) and/or related systems.

VIII. GUARANTEES AND RESPONSIBILITY

A. RESPONSIBILITY

The use of the Site is under the sole and entire responsibility of the User. Users undertake to use the Site in accordance with its intended purpose.

LES THERMES D’AVÈNE guarantees that the content of the Site complies with current French legal provisions and the industry standards applicable to websites.

LES THERMES D’AVÈNE guarantees the uninterrupted use of the Site to Users and guarantees in particular that the Site does not infringe any intellectual property right held by a third party.
Users undertake not to voluntarily or even involuntarily introduce viruses, bugs or files of any kind whatsoever causing harm to the operation of the Site; if such were the case they assume sole responsibility for it. In the spirit of respect for all, LES THERMES D’AVÈNE could criminally prosecute unscrupulous Users.

The User declares and guarantees that he/she is fully aware of the characteristics and limitations of the Internet, and in particular that data and information transmissions via the Internet are only relatively technically reliable, circulating as they do on heterogeneous networks with varying technical characteristics and capacities that disrupt access or make it impossible at certain times.

LES THERMES D’AVÈNE is not responsible for any damage occurring as a result of connection to the Site or the use of the Site by a User.

LES THERMES D’AVÈNE is not liable for any damage that may be suffered by Users as a result of use of the Site.

LES THERMES D’AVÈNE, the directors or the employees of LES THERMES D’AVÈNE are not responsible:

- For any harm resulting from a connection, access or use of the Site;

- Direct or indirect harm resulting from the consultation of the Site or use of the Information available on it;

- Direct or indirect harm resulting from use of the Site, and in particular any operating, financial or commercial loss or loss of software or data in any IT system, even if LES THERMES D’AVÈNE have been informed of the possible occurrence of such harm.

Under no circumstances may LES THERMES D’AVÈNE be held responsible for any loss of Information or any deterioration related to this Information. Any information or advice provided by the Site cannot be interpreted as guaranteed in any way.

B. SITE MODIFICATIONS OR TERMINATION

LES THERMES D’AVÈNE endeavours to keep the Site accessible 24 hours a day, 7 days a week, but are under no obligation to do so. They can therefore interrupt access, notably for maintenance and upgrading. LES THERMES D’AVÈNE also reserves the right, at any time and without notice, to modify, suspend or even terminate the services of all or part of the Site. LES THERMES D’AVÈNE is in no way responsible for all these breaks and the consequences that may result for the User or any third party.

Even though LES THERMES D’AVÈNE has taken the necessary steps to ensure the reliability of the information and services contained on the Site, they cannot be held responsible for errors, omissions, viruses or results that could be obtained by misuse of these. LES THERMES D’AVÈNE in fact only claims a simple obligation of means.

IX. PERSONAL DATA

LES THERMES D’AVÈNE do not require any User to communicate his personal data (name, address, email address, profession ...) at any time. However, and notably to obtain certain information, to receive documents, to participate in the submission spaces or to make a booking, Users may be required to register by providing some personal data, which the User accepts.

Personal data retention period: LES THERMES D’AVÈNE will keep personal data for the time required by French regulations in order to fulfil the purposes for which they were collected.

LES THERMES D’AVÈNE notifies Users the fact that its database which may contain these personal data is subject to processing in accordance with Regulation 2016/679/EU of the European Parliament and the Council of 27 April 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR).

Personal data will be processed automatically and may be used as follows:

- Follow-up of the contact: in the case of messages that Users send to LES THERMES D’AVÈNE, the data are kept and used to provide a response to the Users and to continue follow-up.

- Provided that they have obtained your prior consent, LES THERMES D’AVÈNE may send surveys or newsletters directly to Users by e-mail.

- To make a booking for the User.

The personal data that the User communicates on-line are intended for the sole use of LES THERMES D’AVÈNE or any other entity belonging to the Pierre Fabre group, who is responsible for their processing and storage. The data will be encrypted for anyone not authorised to view it. As a result, the data collected and stored will prevent the specific identification of an individual User.

LES THERMES D’AVÈNE does not transfer any personal data outside the territory of the European Union and will not transfer any data to external partners without the express authorisation of the User.

This data will not be communicated to other third parties excluding third parties hosting the Site or involved in its content or management.

LES THERMES D’AVÈNE undertake to take all reasonable measures at their disposal to preserve the confidentiality of personal data.

The User has a right of access to his data, rectification and erasure of his personal data under certain conditions. He also has a right to limit processing and a right of objection. To exercise these rights, the User can contact LES THERMES D’AVÈNE at the following address: contact.avenecenter@pierre-fabre.com

LES THERMES D’AVÈNE are in charge of any prior formalities with the competent authorities for the protection of personal data.

LES THERMES D’AVÈNE will respond to a User's requests concerning his data, recent access to his data and any processing that may have been carried out, within the legal deadlines.

Users may lodge a complaint with the national supervisory authority for the protection of personal data.

For more information on the processing of Users' personal data, LES THERMES D’AVÈNE invites Users to consult their Personal Data Policy accessible at: LINK

The User is responsible for the personal data that he posts on the Site. The User agrees as a general rule to take all useful and relevant precautions, especially in terms of security of access to his equipment so that said data are not accessible to unauthorised third parties. LES THERMES D’AVÈNE is not responsible for third-party access to the data entered on the Site.

X. COOKIES

For information on the use of Cookies on the Site, LES THERMES D’AVÈNE invites Users to consult the Cookies table accessible at the following address: LINK

XI. APPLICABLE LAW AND RESOLUTION OF DISPUTES

The Terms are subject to French law.

Any dispute that arises in connection with these Terms will be submitted to mediation, prior to any legal action or arbitration.

In case of failure of the mediation the dispute will be brought before the competent court within the jurisdiction of the Court of Appeal of Paris.

In case of translation of the Terms, only the French version is valid and applicable.

XII. MODIFICATION OF THE TERMS

Users declare and acknowledge that they have read the Terms and by using the Site the Users agree to total and unconditional acceptance of the Terms as a whole.

The Terms may be modified at any time by LES THERMES D’AVÈNE. The applicable Terms will then be those current on the Site at the date of its use by a User.

In case of disagreement on the modifications of the Terms, the User agrees not to access the Site.

XIII. MISCELLANEOUS PROVISIONS

If a provision of these Terms is invalidated or if the latter were found to contain a loophole, the provision in question would be replaced by that which is closest from the point of view of legal interpretation.

For any question concerning the Terms, or question or comment on the Site, Users may use the contact form on the Site to contact LES THERMES D’AVÈNE.