Terms and conditions for accessing and using the website

1. PURPOSE

1.1 This website (the website) is an information website concerning cars in general and the leasing, all costs included, and management of vehicle fleets in particular.
1.2 These General Conditions (the “Conditions”) govern the user’s access (“you” or “your”) to and the use of the content which is offered to you by ALD SA and Axus Luxembourg (“ALD”, “us”, “our”) on this Website.
1.3 The Website: energie.aldautomotive.lu
is hosted by:
Synalabs
46 Rue de Douai, 75009 Paris
Legal representative: Mr. Jean-François Chanal
Assisted by:
AXUS Luxembourg, a company operating under Luxembourg law, with the trading name ALD Automotive, registered in Luxembourg (Grand-Duchy of Luxembourg) under the company registration number B 23 299, registered office : 270, route d’Arlon 8010 Strassen, Luxembourg.
Legal representaive : Mr. Dominique Roger
Local webmasters: Locila Ramos and Catherine Leurquin
1.4 Please read these Conditions carefully. By accessing this website and using its content, you acknowledge that you have read and understood these Conditions and agree to be bound by each of them.

2.OWNERSHIP RIGHTS

2.1 You shall only use the terms and trademarks which are connected to ALD in an appropriate manner, including but not restricted to stylized representations, all associated logos and symbols and combinations of the above components with other terms or marks, (“trademarks”) and you shall not use the trademarks : (i) As your own Trademarks or parts of your own Trademarks ; (ii) In a way which may create confusion ; (iii) to identify products and services which you have no connection with ; (iv) to promote or otherwise products and services which they have no connection with ; or (v) in any way which negatively affects or could negatively affect the image of ALD or of one of its subsidiaries or affiliated companies (the “Affiliated companies”)
2.2 You acknowledge and accept that the content including, without limitation, data, database, information, materials with text, images, photographs, software, functionalities, and the graphic content which is in or accessible via the Website (the “Content”), presented to you by ALD or third parties, is protected by copyright, industrial and commercial property rights, service marks, patents and other property rights or laws. All rights are expressly reserved.
2.3 Unless you are expressly authorised by the law in force or an agreement (totally or partially) you are not authorised to:
– grant licences for, transmit, sell, execute, publish, transfer, create links for, inverse, conceive and decompile the Content ;
or
-Or make any use of any material obtained whilst using this website, apart from an express stipulation to the contrary ;
or –
copy or use the Content for commercial purposes ;
ou
-delete or modify any reference to copyright, trademark or any other intellectual property right specified in the content.
2.4 You are authorised to access and to use the Website exclusively in accordance with these Conditions
2.5 Unless otherwise stipulated, nothing in these Conditions will be considered to grant an exclusive license or any other transfer of intellectual property rights to you or owners other than ALD or its affiliated Companies, or any third party.
In particular, you shall not sell, supply, lend or rent all or part of the content to third parties, grant utilisation licences for it or make the content available in any way, by any legal means without ALD’s prior written consent.
2.6 A titre exceptionnel, certaines parties du Contenu sont / peuvent être la propriété de leurs auteurs respectifs.

3. THE CONTENT OF THE WEBSITE

3.1 The Website’s content is offered to you for information purposes. You must ensure that the website is up-to-date and corresponds to your needs before you access and use the Website. The Content is periodically updated, and/or modified and you must regularly check the content to ensure that you possess the latest updates and/or modifications. ALD reserves the right to update and/or to modify the content at any time. By continuing to access and use the content, you agree to the updates and/or the modifications.
3.2 Although we do everything in our power to supply you with accurate Content, neither ALD or its suppliers or employees or its affiliated companies or their suppliers or employees can supply any explicit or implicit guarantee or assume any legal liability (within the limits stipulated by law) or make any undertaking regarding the appropriate, reliable, current, accurate or complete nature of the Content.
3.3 Access to and use of the content may be restricted for certain people and in certain countries, and you must therefore check that you are legally entitled to access and use the Content.
3.4 We cannot be held liable for the hypertext links which are created to other websites and in particular for the content of the said websites. We will not be held liable for hypertext links which are created to this Website and we prohibit any person from creating any hypertext links without our express prior authorisation. You will also refrain from making any deep links towards the Site for any purpose, unless authorised by us in writing.
3.5 We also reserve the right to include advertisements of our choice on the pages of the Site.

4. LIABILITY

4.1 ALD does not guarantee that the Website will function correctly without any interruptions or operating errors. In particular its service may be momentarily suspended to carry out maintenance, updates or technical improvements. ALD also disclaims all liability for any malfunction, inability to access or poor conditions for using the Website notably caused by inappropriate equipment, disruptions connected to the Internet service provider, network saturation or any other reason outside of its control.
4.2 Neither ALD or any of its Affiliated companies can be held liable for any loss of enjoyment, profits or data or for any indirect, special damage or consequential loss whether the said loss or damage comes within the scope of a contract, negligence or a prejudicial action, which includes, without limitation, any loss connected to:
– The use you make of the Website or the trust in the Website or any loss of content resulting in delays, non-deliveries, missed deliveries or suspensions in service ;
and
– Faults which may exist or for any costs, loss of profit or consequential loss resulting from your use or inability to use or access the Website or from a breakdown, suspension or withdrawal of all or part of the Website any time ;
and
– A failure by you or the companies or entities you represent to install the Website software correctly.
4.3 We shall, within the limits authorised by the law in force, supply you with this website and its content “as is” and we exclude any condition, representation or warranty which may be implicit or incorporated into these Conditions by law or otherwise. Your only remedy under these conditions is to stop using the Website.
4.4 ALD will do its best utmost, insofar as its reasonably possible, to ensure the Website does not contain any inaccuracies, mistakes, viruses or defects. However, ALD does not provide any guarantee regarding this.

5. INDEMNIFICATION

You will on request, release ALD and its affiliated companies from all liability in the event of a claim by third parties and you will indemnify the said third parties for any loss, cost, action, proceedings, complaint, damage, expenses (including legal costs and expenses) or liability which is directly or indirectly borne or incurred by ALD following access or use of the Website or the breach or non-respect of these Conditions by you.

6. MODIFICATION OF THE CONDITIONS

ALD Reserves the right to modify the Conditions online at any time. The modifications will come into force one (1) month after they are published on the website. By accessing and using the website you agree to be bound by the Conditions which are inforce when you access or use the Website. You are responsible for consulting these Conditions every time you access or use the Website.

7. SUSPENSION AND TERMINATION OF THE ACCESS TO AND USE OF THE WEBSITE

7.1 ALD can suspend access to and use of the Website (i) for maintenance and repair works and (ii) to update and/or to modify the Content if necessary and (iii) if ALD believes that you or any other person with knowledge of your password is liable to breach these Conditions.
7.2 ALD can terminate access to and use of the site if ALD stops publishing the website for any reason whatsoever.
7.3 ALD will do its utmost, as far as is reasonably possible, to inform you as quickly as possible of the reason for the termination. You conserve the right to contact the Webmaster in all circumstances.
You can never claim any indemnification or financial compensation for any reason whatsoever.

8. PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY POLICY

8.1 Data protection.
We take the protection of your personal data very seriously and we ensure that the personal data which is collected when consulting this Website is processed in accordance with the provisions of the law of August 2, 2002 relating to protecting the processing of the private data collected on people.
8.2 Your personal data.
In order to be able to process the information requests you send us when visiting our website, we have to collect, process (by computer), and store certain personal information about you (“Personal Data”). This information is intended exclusively for us and is not disclosed to any third parties in any way for advertising or marketing purposes, or for any other reason which is not associated with our services.
8.3 The declaration of your consent to the collection and processing of your personal data.
You expressly authorise us to use your personal data which is collected either via the “I agree to receive commercial offers from ALD Automotive” endorsemention or by participating in our quiz using the “Request for a personalised study”, in order to manage commercial relations, prospection and statistical studies, risk and selection management, prospection and performance of sales actions, and compliance with legal and statutory obligations especially combatting money laundering and terrorism.
The data will be used within the scope of the quiz exclusively for offers connected with the results of the quiz.
8.4 Transfer of data.
The process used does not involve your data being transferred outside the European Union.
8.5 Cookies
We may also store “cookies” on your computer to make browsing easier and for statistical purposes.
These cookies do not contain any personal information on visitors.
A “cookie” stores information on your browsing habits on this website (pages already consulted, the time and the date etc) which we can access when you next visit the Website.
By continuing your browsing you consent to the use of cookies.
You can disable the storage of cookies by following the explanations below.
For Internet Explorer 5:
On the menu bar, click on “Tools” and then on “Internet options”. Select the “Security” tab and then click on the “Customise the level” button. Check the “Authorise cookies stored on your computer” box in the scroll down menu. You can then choose one of the following options: Enable /Request/Disable.
For Netscape Communicator:
In the “Edition” menu select “Préferences”. Click on the “Advanced” category. You can then select one of the following options: Accept all cookies/Accept the cookies returned to the original server/Disable cookies. In addition you can check the option “Inform me before accepting a cookie”.
For Internet Explorer 6 or 7:
In the menu bar, click on “Tools” and then on “Internet options”. You can set the level of confidentiality in the “Confidentiality” tab from “Block all cookies” to “Accept all cookies”.
For Firefox 3:
In the menu bar, click on “Tools” and then on “Options”. A section is devoted to cookies in the “Confidentiality”section where you are free to accept or refuse cookies.
8.6 Data Security. All the data backed up on the ALD Group’s servers are protected against manipulation, loss, destruction or use by unauthorised people by security systems. The security measures taken are constantly improved , and incorporate technological developments.
8.7 Right of access to your personal data
In accordance with the law of August 2, 2002 on protecting the processing of personal data, you have a right to access your personal data in order to modify or prohibit the processing, recording, and use of it. You therefore have a right to withdraw this authorisation at any time by writing to : AXUS Luxembourg SA , 270 Route d’Arlon, 8010 Strassen or via local webmasters.

9. GENERAL POINTS

9.1 Governing Law and jurisdiction – These conditions are governed and interpreted in accordance with Luxembourg law and you hereby submit to the exclusive jurisdiction of the Luxembourg Courts of First Instance and Courts of Appeal.
9.2 Severability – These conditions are severable in the sense that if one of its provisions is held to be illegal or inapplicable by a competent court the provision in question will be considered to be null and void, but will not affect the other provisions of these Conditions.
9.3 Transfer – You undertake not to assign, resell, sublet or transfer your rights or obligations under these Conditions in any other way whatsoever. The failure to comply with this limitation any way, effectively or not, will result in the immediate termination of ALD’s services. ALD can assign all or part of these conditions to third parties at its sole discretion.
9.4 The whole of the agreement – These Conditions form the whole of the agreement between the parties concerning the subject matter of this agreement and cancel and replace all previous commitments, communications and agreements between the parties whether they are oral, explicit or implicit.
9.5 No waiver of the agreement or representation – Our failure to react to a breach of these conditions by you or by other people will not result in the waiver of our right to react to the said breach or to subsequent breaches or similar circumstances. Unless expressly stipulated to the contrary in these Conditions, no declaration, consent, abandonment or any act or omission by ALD or its Affiliated companies will be considered to be contractually binding on ALD or or its Affiliated companies.
Other information concerning our COOKIES