MEMBERS’ AREA UNDER CONSTRUCTION; MEMBERS’ TERMS OF USE BEING DRAFTED.
GENERAL TERMS OF USE OF THE MEMBERS’ AREA (CGUM)
Our website address is: https://dive.explo360.fr
Owner, Creator, Webmaster and Publication Director: Jean-Luc Delon
Hosting: OVH, 2 rue Kellermann - 59100 Roubaix - France.
The website dive.explo360.fr (hereinafter the "Site") is a website dedicated to underwater fauna and flora and scuba diving, accessible over the Internet and open to any Internet user. Use of the Site implies full and unconditional acceptance of the following general terms of use, hereinafter the "CGUM"
01.
Presentation of the Members’ Area.
The Site (as identified in the legal notice) operates a website accessible at the main address https://dive.explo360.fr.
The Site offers users (hereinafter the "Users" or "theUser") access to a members’ area (hereinafter the "Member area") with limited access, also called "My account", accessible through the home page of the Site or any other page of the Site.
Registration for theMember area is subject to payment of an annual subscription and is open to any adult individual residing in a country covered by the Site. Access costs (particularly Internet subscriptions) remain the sole responsibility of theUser.
Registration for theMember area offers users access to the following documentary resources (a non-exhaustive list that may change over time):
- The EAU 2 WEB e-learning area.
- The EAUDIO MARE audio guide.
- Virtual dive logs for VR headsets
A user registered in theMember area also receives information about:
- Diving news (regulatory updates, notable facts or events).
It is specified that Users are not authorised to add information or content to theMember area other than information necessary for registration in theMember area.
02.
Scope of the General Terms of Use of the Members’ Area.
These general terms of use of theMember area are intended to govern the conditions of use of theMember area by Users.
They are supplemented by the privacy policy of the Site (hereinafter the "Privacy Policy"), available on the Site, which informs Users about the processing that may be carried out on their personal data.
They are also supplemented by the general terms of use of the Site (hereinafter the " Site terms of use"), which apply mutatis mutandis to theMember area since theMember area is a component of the Site.
Any access to or use of theMember area requires prior, complete and unconditional acceptance of these CGUM, the Site terms of use and the Privacy Policy.
The Site reserves the right to amend these CGUM at any time. The CGUM that apply are those in force on the date of registration in theMember area.
If one or more provisions of these CGUM are held invalid or declared invalid under a law, regulation or final decision of a competent court, the other provisions retain their full force and effect.
03.
Registration for the Members’ Area.
Access to theMember area requires prior registration. Before registering, theUser declares that they have all the skills necessary to access and use theMember area in compliance with the CGUM.
To register, theUser wishing to become a member must go to the “Registration” section of the Site. Once in the “Registration” section, theUser is invited to complete an online form. All mandatory fields are marked with an asterisk. TheUser sends this information to the Site by clicking “Receive a verification email”. A verification email containing a hyperlink is sent to the email address provided by theUser.
To continue registration, theUser must click this link and then complete an online profile (hereinafter the "Member profile"), providing the following information: username, password and diving level.
When creating their Member area, theUser undertakes (i) to provide all information requested in the fields provided, (ii) to provide complete, accurate and current information, and (iii) to update this information so that it remains complete, accurate and current until deletion of their Member profile.
To confirm registration, theUser must also read and accept the Site terms of use, the CGUM and the Privacy Policy by ticking the box provided.
TheUser therefore declares that they have the legal capacity to enter into a valid commitment under these CGUM and the Privacy Policy.
The Site reserves the right in all cases to refuse or cancel registration by a User who does not meet the registration conditions or has not provided all the requested information completely and accurately.
04.
Updating information, temporary suspension and deletion of the Member Profile.
4.1 Changes to information and deletion of the Member Profile at the User’s initiative
TheUser may at any time change the information entered in their Member profile and delete their Member profile.
To change their information or delete their Member profile, theUser must go to the “Log in” and “Edit your Profile” sections of the Site. TheUser may also request deletion of their Member profile by sending an email using the designated form.
4.2 Deletion of the Member Profile at the Site’s initiative
Deletion of the Member profile may be initiated by the Site in the event of (i) a breach by theUser of these CGU, (ii) use of the Site or theMember area for purposes or under conditions that do not comply with these CGUM or the Site terms of use, (iii) harm to the Site or to theMember area (particularly infringement of intellectual property rights in the Site or theMember area or interference with the operation of the Site or theMember area), (iv) inappropriate behaviour or remarks by theUser and (v) a dispute with theUser. In this case, deletion of the Member profile will be notified by email to theUser. Deletion will take effect within 48 hours of sending theUser this notification.
Deletion of a Member profile for any of the above reasons prohibits theUser from registering again in theMember area for at least one year. In such cases, depending on the nature of the fault or breach, new registration may be made subject to conditions by the Site.
Furthermore, if theUser does not log in to their Member profile for three years, the Site reserves the right to delete the Member profile.
05.
Access to the Members’ Area.
Once registered, theUser can log in to their Member profile and access theMember area by entering their username and password.
Access to theMember area is possible only after authentication.
The password of theUser is strictly personal and confidential. Storage and use of the password are entirely the responsibility of theUser who holds the Member profile. TheUser must take all necessary measures to prevent unauthorised or fraudulent use of their Member area.
PLEASE NOTE THAT THE SITE WILL NEVER ASK A USER TO DISCLOSE THEIR PASSWORD. ANY SUCH REQUEST MUST BE CONSIDERED FRAUDULENT.
Any operation carried out using the username and password of theUser will be presumed to have been carried out by theUser who holds the Member profile.
TheUser is informed that they are responsible for any access to or use of their Member profile by themselves or any other person using that profile, particularly their children or third parties, whether or not they authorised that access or use.
The Site is therefore released from liability in the event of fraudulent use of the Member profile of a User.
TheUser undertakes to inform the Site immediately in the event of loss, theft, unauthorised or fraudulent use, or suspected loss, theft, unauthorised or fraudulent use of their username and/or password. They also undertake to inform the Site of any unauthorised use by a third party of their Member profile.
Upon receiving this notification, the Site will, within a reasonable time, disable the Member profile.
However, aUser who has simply forgotten or wishes to change their password is invited to click “Forgotten password?” in the “Log in” section and follow the steps indicated on the Site to reset their password themselves.
The Site reserves the right to change the technical conditions for identifying Users on their Member area, particularly by replacing the password with any other technology it considers safer and more suitable.
The Site also reserves the right:
To set a timeout after which the email address and associated password will again be requested from theUser.
To require, within theMember area the member to identify themselves again.
06.
Availability of the Members’ Area.
As with the website, the Site undertakes to make its best efforts to keep theMember area accessible 24 hours a day, seven days a week. However, the Site cannot guarantee the permanent availability and accessibility of theMember area.
Furthermore, as a facility offered to Users, the Site reserves the right, at its sole discretion, to suspend updates, suspend or terminate access by theUser to all or part of theMember area or to change the content or benefits of theMember area, without prior notice and without this giving rise to any compensation for theUser.
07.
Security of the Members’ Area.
TheMember area is an automated data-processing system. Any unauthorised access to all or part of theMember area may result in criminal and/or civil penalties.
The Site makes its best efforts, in accordance with professional standards, to secure theMember area. Nevertheless, the Site cannot ensure complete security, since the security of theMember area also depends on the conditions of use by theUser who holds the Member profile concerned.
In particular, theUser is informed that they must log out and close their browser window after completing their actions on their Member area to prevent other Users from accessing their personal information. TheUser must also take particular care when accessing their Member area over Wi-Fi or a shared connection.
08.
Use of the Members’ Area.
TheMember area is strictly personal. It is attached to theUser who holds the Member profile and must never be shared with other members. TheUser undertakes to use theMember area and information accessed through it solely under the conditions of use defined by the Site in particular through these CGUM and the Site terms of use.
In particular, theUser who holds a Member profile undertakes not to disrupt the operation of theMember area or the operation of the Members’ Areas of other Users.
TheMember area is in all cases used at the sole responsibility of theUser who holds the Member profile and at their own risk.
09.
Personal data.
The Site may collect personal data relating to Users of the Site, particularly when a User identifies themselves to create or access their Member area.
In accordance with European Regulation No. 2016/679 of 27 April 2016, known as the “General Data Protection Regulation” or “GDPR”, and the amended French Data Protection Act (particularly Act No. 2018-493, known as “LIL 3”, of 20 June 2018, its implementing decree and the recasting Ordinance No. 2018-1225 of 12 December 2018), theUser may learn about the conditions for collecting and processing their personal data by consulting the privacy policy of the Site available on the Site.
10.
Liability.
The liability provisions of the Site terms of use apply equally to theMember area.
It is specified that providing theMember area creates no obligation for the Site.
The Site in particular owes Users no obligation concerning updates, completeness or accuracy of the information presented. The Site also provides no guarantee as to the quality or continuity of the service, or the absence of malfunctions or risks in using theMember area, theMember area being made available “as is”.
The liability of the Site may not, in particular, be invoked in the event of temporary or total unavailability of all or part of access to theMember area, a difficulty relating to response times or, more generally, any lack of performance.