The website www.aka-marine.com (hereinafter referred to as the “Website”) has been set up for you by the company Z Nautic. Your access to the Website implies your acceptance of the following terms and conditions of use:
The Website www.aka-marine.com was created to provide information to its visitors for personal use. The data provided may not be used for commercial reasons, even partially, without the prior written consent of Z Nautic.
Copyright, database rights and intellectual property
The Website contains information and advertisements that are protected, in particular by intellectual property rights, trademark rights and other legislation in force. Users may not use this information or advertising in full or in part, for any reason whatsoever, including for the creation, in full or in part, of derivative works. Users shall also refrain from reproducing, marketing or using any part of the Website for any reason whatsoever, commercial or otherwise. The presentation and the contents, in particular, (graphics, text, images, photos, logos, gifs and icons, etc.) of the Website, which is owned by Z Nautic, form a body of work protected by current intellectual property legislation. Consequently, the Website is protected by copyright, intellectual property rights, patents and/or database rights. Z Nautic, or its service providers or suppliers, are the sole owners of the related copyright and intellectual property rights. As a result, Website users may only download the information provided for strictly personal use. Unless otherwise stated, you are not authorised to download, load, copy, print, display, use, reproduce, publish, modify, cancel, add, grant a licence over, post, transmit or distribute all or part of the information protected by the European and French intellectual property right (in particular relating to text, image, sounds and data) covering this Website for public or commercial use, without first obtaining specific written consent from Z Nautic. You may not fully or partially reuse, reproduce or represent information from the Website for any use that is not strictly personal without first obtaining the express written consent of Z Nautic.
Similarly, any non-authorised reproduction of literary, musical, audio-visual or photographic work or, more generally, any work that may be protected by copyright and is available on the Website, is forbidden, subject to civil and/or criminal prosecution, in accordance with the provisions of article L 122-4 of the French Intellectual Property Code, unless such reproduction is for strictly personal use.
AKA MARINE ® are registered trademarks. Any other trademarks or logos featured on the Website belong to either Z Nautic or our service providers, partners or suppliers.
Consequently, express written consent from Z Nautic must be obtained before any use of trademarks registered by Z Nautic or over which Z Nautic holds a licence. The same applies to any product, service or company name or logo featured on the Website, for which written consent must be sought from their owner before any use. You are not authorised to modify or remove a trademark, copyright or any other ownership information featured on the Website.
The exclusive products, equipment and models presented on the Website are protected by all the necessary patents or utility model filings. All models (boats, accessories, life rafts and canoes, etc.), designs, photographs, images and text appearing on the Website are covered by industrial and/or intellectual property rights and are the property of Z Nautic. It is strictly forbidden to reproduce them in full or in part without the prior written consent of Z Nautic, except for media requirements.
Z Nautic continually strives to improve its products and, as such, reserves the right to modify or delete any model presented on this Website without prior notice. Indicated measurements may vary by +/- 3%, except for weight measurements, or +/- 5%. All features are listed in accordance with ISO 6185. They may be more restrictive in some countries (measurements and load capacity). Our models are sometimes presented with optional accessories. Please check the standard equipment supplied with each model. The availability of certain models, as well as certain equipment details, may vary from country to country. Please contact your local distributor for up-to-date information.
In order to access certain sections of our Website, you will need to register with Z Nautic. You can do this on-line by filling out the registration form that appears on the page in question. You will be asked to provide your name, address, telephone number and email address along with some other additional information. You may be asked to choose an account name and password or user ID. It is your responsibility to keep this account number and password safe and not disclose them to anyone else. If you give someone your account number and password, they would be able to access our services and easily obtain or falsify information about your account. We would not be able to control this.
You must seek prior express authorisation to set up links to the Website or frame the Website. This authorisation may be revoked at any time at our sole discretion.
Z Nautic reserves the right to (i) request the removal of any link to the Website that was not, or is no longer, authorised and to (ii) claim damages for any resulting harm suffered.
The Website contains links to other websites. Z Nautic refuses all liability as regards the content of websites that may be accessed by users through the links published on the Website. Providing a link to another website or to service providers or suppliers does not imply that we in any way approve, recommend or are advertising the website or the products or services presented on that website.
The presence of hyperlinks on the Website does not imply that Z Nautic has any control over, or approves, the content of the websites accessible through said links. We only provide such links for your convenience and are in no way responsible for the content of any website linked to our own or for the products or services that can be obtained from those third party companies.
We do not provide any express or statutory guarantee as regards the accuracy, availability, legality, reliability or validity of any content on any other website or the quality of services offered by those third party companies. Use of our Website implies a waiver of any claim you might make in respect of the websites reached by said links.
Availability of the Website
We are not responsible for the availability (or unavailability) of the network, links, websites or any interconnection points between our Website and other networks and/or websites managed by third parties. You understand and accept that access to our Website may sometimes be disrupted or even impossible. We will do everything we can to take appropriate action to avoid or remedy such situations. However, we cannot guarantee that they will not occur and therefore refuse all liability for any harm resulting from or relating to such a situation.
All users must make responsible use of the Internet and treat the rights of other Internet users with respect and courtesy. As such, users accessing the Z Nautic Website must refrain from, in particular:
– uploading to the Website, displaying, sending by email or transmitting by any other means content that is illegal, damaging, threatening, injurious, harassing, tortious, defamatory, vulgar, obscene, disrespectful, invasive of another’s privacy, hateful or objectionable or shocking from a racial, ethnic or other point of view;
– uploading to the Website, displaying, sending by email or transmitting by any other means unsolicited or unauthorised advertising or promotional items, “printed advertisements”, “misleading information”, “chain letters” or any other form of solicitation;
– uploading to the Website, displaying, sending by email or transmitting by any other means any item that contains software viruses or other codes, files or computer programmes designed to disrupt, destroy or limit the functionality of any software or hardware or any telecommunications equipment;
– disturbing or disrupting the Website or the servers or networks connected to the Website, or violating the requirements, procedures, rules or regulations of networks connected to the Website;
– trying to interfere with the service of any user, host or network, including, but not limited to, by exposing the Website to a virus, creating saturation, flooding the server, saturating the email inbox or falsifying the TCP/IP packet header or any other part of header information included in any email or forum entry;
– accessing data not intended for viewing by the user or entering a server/account to which the user does not have authorised access;
– trying to probe, examine or test the vulnerability of a system or network, or violate the security or authentication measures without authorisation;
– stealing another person’s identity;
– carrying out an activity, or encouraging another person to carry out an activity, that is illegal or that would infringe the rights of Z Nautic, its suppliers, partners, distributors or advertisers or other users;
– transmitting or transferring (by any means) information or software derived from the Website, particularly to other countries or to certain foreign citizens in breach of a national or international law or regulation.
In recognition of the global nature of the Internet, all users agree to adhere to all local and international rules and procedures relating to on-line behaviour and acceptable content and, in particular, all laws in force relating to the transmission of technical data.
When you upload any type of communication or information to our Website, you authorise us to publish, distribute, adapt, modify, disclose, copy, patent, display, sell, transmit or use them anywhere in the world, through any means whatsoever, and without time limitations, without paying any compensation or making any other type of payment. Where required, Z Nautic reserves the right to reveal any information that you have announced or supplied to Z Nautic at any time in response to a request from the authorities.
You are solely responsible for all risks involved in your decision to download or otherwise obtain any programme when using this Website. You shall be solely liable for any loss or damage, including damage to your computer system or loss of data. As a result, you shall be solely liable for any costs or damage resulting from your downloading or otherwise obtaining such programmes.
Z Nautic may, at any time, without notice and for any reason, take steps to prevent your use of the Website or any of our services as a result of behaviour that violates these terms and conditions of use, without prejudice to any damages that Z Nautic reserves the rights to claim from you for your failure to adhere to the terms and conditions of use of the Website.
Protection of your personal data
Z Nautic respects the personal data of all users visiting this Website.
See our legal information
We know that you care about how your personal data is used. We thank you for the confidence you have placed in Z Nautic and shall scrupulously protect your data.
In fact, the protection of your personal information is one of our main concerns. As the Website is based in France, we protect personal data communicated to us by our users in accordance with the security and confidentiality standards in force and in particular those recommended by the French data protection authority (CNIL) and the French Law of 6 August 2004. Our employees are given access to information about you so that they can personalise and continually improve our response to your requirements. We may also use your personal data to examine a request from you in relation to products or services or when we are exercising our rights in accordance with the law or the agreement entered into with you. We regularly implement new technology in order to provide the best protection possible for your personal information. All of our employees undertake to respect these important principles.
When is personal information collected?
When you ask to be contacted by our company through our Website, we collect personal information in our “Contact us” form. This includes your name, address, email address and telephone number. Information relating to your user profile is kept by our company and only used internally, mainly to carry out market research. We may also ask you to choose a username and password or user ID in order to access certain sections of our Website. When a visitor asks to view pages on the Website, our servers automatically recognise the browser name and IP address. Similarly, our servers record any email addresses you provide to us.
We reserve the right to gather and publish generic information relating to our visitors’ profiles, but not personal information, such as the visitor’s name and addresses. By way of example, this may include information such as product or service preferences in certain sectors of our catalogues.
We use “cookies”, alphanumeric codes that we save on your hard drive via your browser. They enable our system to recognise your browser and so offer you a customised experience of our Website. You can consult the help section of your browser to find out more about your cookie settings.
This process informs our efforts to improve our Website and adapt it to the needs of our users. We also use the information gathered, and any other information resulting from your past and present actions on the Website, to correct any technical problems experienced by you or other users and, where necessary, to check that you are adhering to the general terms and conditions of use and to offer you similar services or products that may interest you. Z Nautic shall only disclose personal data collected as mentioned above to its employees or affiliated company or to companies, such as our service providers, that have signed a relevant non-disclosure agreement.
How does Z Nautic use your personal data?
Z Nautic shall not transfer, sell or rent personal data to unaffiliated third parties unless we have first informed you in communications or agreements, obtained your consent or are required to do so by law. Where possible, we shall inform you if we are obliged by the law or by a court decision to reveal personal data about you (unless we reasonably believe that we are not authorised to do so). It is not possible, given the current level of technology, particularly that generally used for telecommunications networks, to guarantee the confidentiality in particular, nor the integrity or authentication, of emails or voice messages that you send or receive. We use the email address that you provide in the context of services rendered or at your request to send you information on our products and services through our newsletters and to invite you to take part in surveys on our products or services. If you are acting on behalf of a commercial company and you do not want to participate in our surveys or if you do not want to be contacted, you may ask to be placed on the “exclusion list” by placing the message “No, I do not want to added to the Z Nautic mailing list” in the “Contact us” section. If you want to send one or more pages of our Website to a friend by email, we will collect the recipient’s email address in order to send this information. Z Nautic may contact you by email, via a general notice on the pages of our Website or by post to the address featured in Z Nautic’s registration database.
Z Nautic and minors
By using this Website, you represent that you are an adult or a person over the age of 18. Z Nautic does not knowingly solicit personal data from children or minors. Furthermore, children are not included in our target customer base. Only adults or people over the age of 18 may register or contact us. If we have reason to believe that information has been supplied to us by a minor, we will not collect said personal information without consent or notification from the minor’s parent or guardian, in order to give the latter the opportunity to prevent the information from being used or to prevent the child or minor from participating in our aforementioned activities. We understand the importance of protecting children on-line. Parental responsibility is particularly important in this respect.
YOU EXPRESSLY UNDERSTAND AND ACCEPT THAT:
The information provided on the Website is supplied to you “as it stands” without any kind of implicit or explicit guarantee, particularly as regards its soundness, accuracy, currency, non-infringement or exhaustive nature or whether the information, products, accessories or services comply with your intended use. You use our services at your own risk. We may not be held liable for any harm that comes to you or another user following such use. We shall not be held liable for the disclosure of information about you to any individual that has used your password and username.
Z Nautic does not provide any guarantee as to the truthfulness, accuracy, availability or reliability of information relating to the products, accessories or services appearing on our Website.
CONSEQUENTLY, Z Nautic REFUSES ALL LIABILITY FOR ANY DIRECT OR INDIRECT DAMAGE, WHETHER FORESEEABLE OR NOT, CAUSED BY THE USE, OR IMPOSSIBILITY OF USE, OF THIS WEBSITE OR BY ANY FAULT AFFECTING ITS AVAILABILITY.
Z Nautic does not provide any guarantee as to the accuracy, reliability or soundness of information accessible on, or via, the Website. Information is provided on the Website for informational purposes only. As such, Z Nautic may not be held liable for any error or omission in relation to the information provided on its Website or any failure to update the same.
Furthermore, Z Nautic does not provide any guarantee as to the information and may not be held liable in relation to decisions of any kind that may be taken on the basis of the supplied information.
In the event that one of the clauses contained in these general terms and conditions of use relating to the Website is declared null and void by a competent court, this shall not affect the validity of the other clauses contained in these general terms and conditions of use, which shall remain in force. The titles of clauses are not legally or contractually binding.
Applicable law – jurisdiction:
These terms and conditions of use are governed by French law. French courts shall have jurisdiction to rule on any dispute relating to the use of any AKA MARINE Website.
Z Nautic does not at all claim that its Website, products, accessories or services comply with all national legislation in force in the relevant sector. It is possible that you could be breaking the law by accessing the Website, products, accessories or services in some countries. If you access this Website outside of France, you do so at your own risk. You are solely responsible for complying with the laws in force in your jurisdiction.
Any complaint filed by a user against Z Nautic must be made within 6 months following the start of the event that is the subject of the complaint.
Amendments to these terms and conditions of use:
Z Nautic reserves the right to amend and update these terms and conditions of use without notice. We advise you to regularly refer to the terms and conditions of use in order to remain abreast of any amendments. Use of the Website shall be subject to the terms and conditions of use in force at the time of use.