Preamble and Subject

The website www.tokay-ultimate.com (hereinafter named “The Website”) is the exclusive property of the company TOKAY (SASU), with a capital of €10,000, registered at the Chambéry Chamber of Commerce and Companies Register under number RCS CHAMBERY 828 356 071, headquartered at the following address: TOKAY, 18, Allée du Lac Saint-André, 73370 Le-Bourget-Du-Lac, FRANCE, phone number: +33 7 67 65 00 09, email address: info@tokay-ultimate.com

These Terms of Use apply to any person using The Website (hereafter referred to as “the USER” or collectively “the USERS”).

By using The Website, the USER expressly agrees to be bound by these Terms of Use as defined hereafter, to accept and respect them.

Information presented on The Website.

The information and pictures presented on The Website are non-contractual.

Hypertext links

The Website can contain hyperlinks or otherwise link to other websites, applications or webpages administered by third-parties. TOKAY is in no way responsible for their content and characteristics. The fact that TOKAY proposes these links does not imply in any case the implicit approval of the content of these websites, applications or webpages.

The creation of a link to The Website must be made the object of prior and written authorization from TOKAY.

Warranties and responsibilities

TOKAY waives all liability, and particularly for:

  • Any interruption in the operation of The Website: TOKAY endeavors to allow access to The Website 24 hours a day, 7 days a week, except in the case of an emergency situation or an event outside the control of TOKAY, without any warranty of availability and under all assumptions, and under reserve of any breakdowns that may occur or maintenance work necessary for the use of The Website;
  • for any occurrence of bugs;
  • any damage resulting from an outside party’s fraudulent intrusion resulting in any modification to the information available on The Website;
  • If any of the hypertext links referenced on The Website were to provide content contrary to the laws and practices in force.

In general, TOKAY declines any responsibility for any direct or indirect, material or immaterial damage, whatever be the causes, origins and consequences, including in particular the losses of profit, customers, data, or any other loss of intangible goods that may result from anyone accessing The Website or the inability to access or reliance upon any information gained directly or indirectly from it.

The USERS declare to know and understand the Internet, its hazards and its limits and in particular its functional characteristics and technical performances, the risks of interruption, the response time to consult, query or transfer information, the risks, whatever they are, inherent to any connection on the network.

Intellectual property

Are the property of TOKAY and subject to the laws governing the intellectual property, in particular the layout, the structure, the code and the graphical and textual elements of The Website.

The use of The Website does not confer any rights to the USERS. These rights remain the exclusive property of TOKAY.

Thus, all the texts, data, logos, images, photographs and trademarks reproduced on The Website as well as the database and its content as well as the computer programs (without this list being exhaustive) are reserved and protected by the provisions of the Intellectual Property Code.

Any use and/or reproduction are prohibited and constitute infringement punishable in accordance with the provisions of the Code.

Accordingly, the USERS may in no case and in any way, reproduce, represent, distribute, market, concede all or part of any of the elements reproduced on The Website and all or part of The Website in general, without the prior and express agreement of TOKAY.

In addition, USERS are prohibited from making copies of The Website without the prior permission of TOKAY.

Any unlawful use of all or part of The Website may lead to prosecution.

Finally, the products presented on The Website are models registered by TOKAY.

They constitute original works, property of the company TOKAY. Also, the USERS forbid reproducing or having reproduced, in whole or in part, models designed by TOKAY under penalty of prosecution.

Security

TOKAY pays particular attention to the protection of the personal data of USERS against any form of damage, loss, misappropriation, intrusion, disclosure, alteration or destruction.

This vigilance is carried out in particular:

  • By the use of cryptographic means in the transmission of data (SSL) and bank operations
  • A commitment to strict confidentiality of the TOKAY staff who would have access to the personal data of the USERS.

Modifications of the Present Terms of Use

TOKAY reserves the right to modify the provisions of these terms of use at any time without notice.

USERS will be automatically bound by these modifications and will therefore periodically have to check whether their use of The Website complies with the provisions of these general conditions of use.

Independence of clauses

In the event that one or more stipulations of the present conditions were to be held invalid, the validity of the other stipulations could not be questioned unless they were inseparable with the invalidated provision.

Applicable law, Jurisdiction

The exploitation and use of The Website are subject to French law.

In the event of a dispute concerning, in particular, the use or content of The Website, the USER is informed that he / she may make free use of a consumer mediator, after the failure of an amicable settlement attempt directly with TOKAY, in accordance with the provisions of the Consumer Code.

The USER will find information on this subject on the following website: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur

In the absence of mediation, the jurisdictional competence is that of the French courts. The competent court will be appointed according to the rules of procedure applicable in France.