Introduction. These General Terms and Conditions of Use (hereinafter T&C) apply to the GRAVITAO site accessible at the URL address https://www.gravitao.com/, (hereinafter the "Site"), published by the Company NOW-W, a simplified joint-stock company, registered with the Bordeaux Trade and Companies Register under the number 892 137 738, whose head office is located at 26T Allée de Campes, 33470 GUJAN-MESTRAS, (hereinafter "NOW- W")
Application of these conditions. These Terms define the conditions of use of the Site applicable to all users of the Site (hereinafter "you" or "user"). By using the Site, the user acknowledges having read these T&C and accepting them without reservation.
Other conditions that may apply. These T&C also refer to the following policies that apply to the use of the Site:
a) The accessible personal data protection policy (https://www.gravitao.com/page/donnees-personnelles). This policy sets out how NOW-W uses your personal information when you visit the Site.
1. ACCESS THE SITE
Availability of the Site. NOW-W strives to do everything possible to ensure that the Site is accessible 24 hours a day, 7 days a week. However, no commitment is made as to the permanent availability and accessibility of the Site.
For this purpose NOW-W may be forced to temporarily interrupt access to the Site, in particular for technical maintenance needs, without incurring its liability in any way whatsoever.
Furthermore, NOW-W reserves the right to suspend or withdraw the availability of all or part of the Site without notice, for commercial or operational reasons. In this case NOW-W will endeavor to provide reasonable notice on the Site of any planned suspension or withdrawal.
NOW-W is not liable for damages of any kind that may result from these changes and/or temporary unavailability or even the permanent closure of all or part of the Site.
Acceptable use. When using the Site, you must comply with the provisions of these terms. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms and comply with them.
You are responsible for making all arrangements necessary for you to access the Site. To this end, you must have a terminal and a subscription to telecommunications networks that comply with the standards and regulations in force, allowing you to browse and/or connect to the Site. In addition, you must have personal computer equipment free of any virus, Trojan horse, logic bomb, computer virus and any other undesirable program known and unknown to date likely to disrupt the operation and use of the Site.
2. PURPOSE AND OPERATION OF THE SITE
The purpose of the Site is to present to users the various offers for the sale of campsites and hotels offered by NOW-W.
It is possible to filter your search, in particular according to the type of property (campsites or hotels), the different locations desired, the personal contribution you wish to make, new offers and offers whose price has dropped.
You have the possibility of adding to your selection properties that you have selected via the "Add to my selection" feature.
When you want information about a property, you can send a message to the NOW-W agent in charge of this property. The data thus transmitted will be processed in accordance with the NOW-W data protection policy accessible here:
3. YOUR RELIANCE UPON THE CONTENT OF THE SITE
NOW-W strives to provide information on the Site that is as accurate as possible. However, the Site may contain omissions, inaccuracies and deficiencies in updating information.
Furthermore, NOW-W is not responsible for content published by third parties on the Site, such as user reviews. Consequently, in accordance with Article 6-I-2 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy (hereinafter the "LCEN"), the responsibility of NOW-W does not cannot be held liable for the activities or information stored on the Site by its users unless NOW-W does not promptly render them inaccessible after their manifest illegality has been notified to it under the conditions provided for by the LCEN.
4. VIRUSES, HACKING AND ACCEPTABLE USE
Misuse of the Site. It is forbidden to use the Site in an abusive manner in the introduction knowingly using viruses, Trojan horses, spyware, adware, logic bombs or other malicious or technologically harmful computer content or code, including when designed to interfere with the operation of any known and unknown computer software or hardware day.
Prohibited activities. It is prohibited, without this list being exhaustive, to: (i) engage in spidering, "screen scraping", "database scraping", collecting e-mail addresses or other personal or contact information, or to use any other automatic means of accessing, logging in to, or registering with the Site or any service or feature offered on or through the Site, or obtaining lists of users or obtaining or access other information or functions on, from or through the Site, including, without limitation, any information residing on any server or database connected to the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or services available on or through the Site by any means; (iii) use the Site in any way with the intention of interrupting, damaging, disabling, overburdening or impairing the Site, including, without limitation, the mass sending of unsolicited messages or flooding of servers with requests; (iv) use the Site or its Site in violation of NOW-W's intellectual property rights or other legal proprietary rights or those of a third party; and more generally (v) to use the Site in violation of any applicable law.
Security: NOW-W reminds users for all practical purposes that data circulating on the Internet and mobile networks is not necessarily protected, in particular against possible misappropriation or viruses. In addition, although making its best efforts to secure the Site, NOW-W cannot guarantee absolute security. The user therefore declares to accept the characteristics and limits of the Internet and mobile networks.
5. LINKS TO THE SITE
Users are permitted to link to the home page of the Site, provided they do so in a lawful manner and do not damage NOW-W's reputation or take advantage of it, however they are not permitted to establish a link in such a way as to suggest some form of association, approval or endorsement on the part of NOW-W where none exists.
If you wish to make use of the content of the Site other than that indicated above, please send your request to firstname.lastname@example.org.
6. LINKS FROM THE SITE
When the Site contains links to other sites such as Facebook, LinkedIn and Instagram, it is specified that these third-party sites are independent of the Site and NOW-W does not publish or control the sources, the content of these sites or their links to other sites. Links to these sites do not therefore constitute approval or endorsement by NOW-W of their content or an association with the managers or hosts of these sites.
7. INTELLECTUAL PROPERTY
The entire Site as well as all of its content and without this list being exhaustive, the architecture of the site, as well as all texts, articles, information, photographs, videos, images, illustrations, software, brands, logos contained in the site (hereinafter the "elements"), are protected by intellectual property law and are the full property of NOW-W or are licensed to it.
Any reproduction, representation, modification or total or partial adaptation of the Site and/or of all or part of the elements found on the Site or incorporated therein is strictly prohibited without the express prior consent of NOW-W.
No trading profit. The user must not use all or part of the Site and/or these elements for commercial purposes without having obtained a license to this effect from NOW-W or its licensors.
Permitted Uses. Subject to these Terms, you may print off one copy and download extracts of any page from the Site for your personal reference. NOW-W's status as the author of material on the Site must always be acknowledged.
No modification. You must not modify the paper or digital copies of any content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from the text who accompanies them.
NOW-W can only be held liable for facts which are directly attributable to it and which cause the user harm directly linked to these facts. It can in no way be held liable for consequential damages or, due to the misuse of the Site by the user or any fault attributable to him.
NOW-W cannot be held liable for the activities or information stored on the Site by users of the Site unless NOW-W does not make them promptly inaccessible after their manifest illegality has been notified to it under the conditions provided for by the LCEN.
NOW-W shall not be liable for any damage or virus that may infect the user's computer equipment or other property as a result of accessing, using or browsing the Site or downloading any content on the Site. The user is responsible for the configuration of his computer technologies, his computer programs.
User agrees to defend, indemnify and hold harmless NOW-W and its affiliates and their respective directors, persons in charge, employees and agents, with respect to any suit, claim or demand, debt, loss, and all settlements, damages, costs (including reasonable legal fees), arising in any way (i) from its use of the Site; (ii) its installation or transmission of any content or other material through the Site, or (iii) any breach or violation of any law or these Terms by the User.
10. OTHER IMPORTANT TERMS
Changes to these Terms. NOW-W may revise these T&C at any time without notice. These modifications come into force as soon as they are published on the Site.
NOW-W therefore recommends that users consult these conditions regularly.
Assignment and Transfer. NOW-W may assign or transfer its rights and obligations under these Terms to a third party at its discretion. In this context NOW-W will endeavor to inform you if this occurs.
Independence. If any of the provisions of the T&C is declared null or without object with regard to a legislative or regulatory provision in force and/or a court decision having the authority of res judicata, it will be deemed unwritten and not will not result in the nullity of the other provisions.
Waiver. The fact that NOW-W does not invoke against the user any of the provisions of these T&C cannot be interpreted as a waiver to invoke them later.
Jurisdiction and Applicable Law. These T&C are subject to French law to the exclusion of any foreign law (except for provisions of public order where applicable). The French courts will have non-exclusive jurisdiction over any dispute or claim arising from these conditions.
Consumer mediation. In the event that an amicable solution cannot be found in the event of a dispute, in accordance with article L.612-1 of the Consumer Code, the user who, as a consumer, has the right to have free recourse to a conventional mediation procedure or any other alternative dispute resolution method:
11. CONTACT NOW-W
You can contact NOW-W customer service at the following address:
Thank you for visiting the Site.
Date of entry into force: 31/01/2022
Last modification: 31/01/2022
12. GRAVITAO WIN-WIN LOYALTY PROGRAM
The Gravitao.com website is a referencing site for professional offers for people aiming to acquire a camping site or a hotel on a professional basis.
H&C France has set up a loyalty program which is exclusively intended for users of the Gravitao website who have registered a user account.