Terms and Conditions

Canalfriends.com

Last updated : 05.04.2016

1. definition

2. Services offered by Canalfriends.com

3. Creating an account to access Canalfriends.com

4. Terms & conditions for the site analfriends.com

  • Rules applicable to the entire site canalfriends.com
  • Publishing Rules of ad on canalfriends.com
  • Conduct Guidelines Forum Canalfriends.com
  • Conditions for the shop canalfriends.com

5. Canalfriends.com services, pricing and payment description

  • Forum
  • Ads/Listings

– Price list

– Payment

– Deleting ads/listings

– Retraction

  • Waterways Books

6. Archives

7. Rights & responsibilities of RIVIERE DEVELOPPEMENT

8. Intellectual Property

9. Cookies

10. Personal Data

11. Account deletion

12. Applicable law & language

Welcome to www.canalfriends.com.

These general conditions of sale and use apply fully and without restriction to all services offered on the website www.canalfriends.com.

Access to the site implies acceptance of the Terms & Conditions.

Canalfriends.com is published by RIVIERE DEVELOPPEMENT, addresse: Manau – 47310 Sainte-Colombe-en-Bruilhois – France.

RIVIERE DEVELOPPEMENT reserves the right to update, revise and or amend the Terms & Conditions. These amendments are binding on site users as soon as they are published online and do not apply to transactions concluded prior.

1 – Definition

• Ads/Listings: all data (visual, text, video, photos, drawings) posted by an Advertiser under his sole responsibility, in order to buy, sell, lease, exchange a good or service or an event submitted for diffusion on canalfriends.com

• Advertiser: any individual of adult age having registered for an account and having submitted an ad/listing on canalfriends.com

• Review: evaluation by a user of the services or products offered by an advertiser

• BoatStop: A RIVIERE DEVELOPPEMENT concept enabling the discovery of sailing by accompanying a boat owner on a journey.

• Terms & Conditions: general conditions of sale governing the use and sale of site services on canalfriends.com

• Personal account: account opened by any adult individual, wishing to access the canalfriends.com site. The account contains information allowing participation in the forum, post ad/listings or leaves reviews/comments.

• Waterways Bookshop: Offers partner’s products through an affiliate program, such as that of Amazon.fr. The user is directed to the partner’s merchant site offering the products or services; the user accepts the Terms & Conditions of the partner’s site when purchasing a product or service.

• Member: Anyone who registers for an account on Canalfriends’s.com and therefore accepts the site’s Terms and Conditions.

• Passenger: member who decides to use the BoatStop service as defined in the site’s terms & conditions.

• RIVIERE DEVELOPPEMENT: Company that publishes and operates the site Canalfriends.com

• Website: canalfriends.com, also referred to as “Canalfriends” or platform

• User: All visitors to the site including those that have not registered.

2 – Create an account to access services

To use Canalfriends services, the user must create an account by registering for free with his email and a password.

To validate the registration, the user simply clicks on a link that is sent to him by email. The user then becomes a “member” of Canalfriends.com

The member is fully responsible for all activities that occur on his account. It is up to him to protect and not to reveal his password.

A member who believes his account has been misused or that its security may have been compromised, must immediately inform RIVIERE DEVELOPPEMENT by email: contact@canalfriends.com

3 – Services offered by Canalfriends.com

The services offered by Canalfriends.com include:

• The publication of advertisements/Listings for activities, accommodation and events within 10 kilometres of a canal or river.

• The publication of ads/listings for the sale, purchase or exchange of goods and services within 10 kilometres of a canal or river

• The publication of reviews by members who have used a product or service advertised on Canalfriends.com

• Communication between members of the community Canalfriends through the forum.

• Advice and information for the preparation of holidays near a canal or river.

• Products for sale in the Waterways Bookshop through the site of our partner’s such as Amazon.fr. These products are sold by our partners.

4 – Rules and procedures for Canalfriends.com:

The user of the goods and services offered on the site Canalfriends.com is deemed responsible for:

• the use of the goods and services and for his conduct on the Site.

• the ads/listings he posts and any prejudice caused by his ads/listings.

• reviews and comments he posts,

• messages he posts on the forum

• his purchases in the online shop

Languages: Only French and English are permitted on the site.

It is prohibited to :

• Violate any laws, French or that of the country of origin of the user;

• Use language (words, expressions ..) that are offensive and contrary to legal and regulatory standards: Or contrary to social norms of conduct and regulations governing the content of the site and likely to offend or disturb public order.

• Post messages or ads/listings of a political, sectarian, discriminatory, sexist … .. nature.

• Give false information or information likely to mislead the recipient;

• Violate the rights held by third parties;

• Copy, modify or distribute any other person’s content;

• Disseminate spam or offer MLM marketing systems and pyramids;

• Spread/distribute viruses or any other technologies to violate or cause harm to Canalfriends.com or to the interests or property of Canalfriends.com’s uesrs

• Interfere with the sites proper functioning

• Use a robot or any other electronic means to collect the site content for use without written permission from RIVIERE DEVELOPPEMENT

• Collect or obtain information on users of the site, including email addresses without being prior authorisation

• bypass measures used to prevent or restrict access to Canalfriends

Reviews of listings and online boutique products

The site allows users of services and products offered on the site to post a review after use.

To write a review, the user must have an account on Canalfriends.com. The user undertakes to provide truthful information and to respect the Terms & Conditions concerning posting on the site.

It is forbidden for advertisers to post reviews on themselves or by friends and relatives.

Once published, the review cannot be edited. It is permanently saved on the advertiser’s profile and can be accessed by all users of the site.

RIVIERE DEVELOPPEMENT does not check the reviews before publication, but reserves the right to modify it for better comprehension.

Should a user abuse the use of reviews or fail to respect the terms and conditions of posting, RIVIERE DEVELOPPEMENT reserves the right to delete the review.

Once published on the site, the member may request that RIVIERE DEVELOPPEMENT remove the review by deleting it. The deletion will be effective within eight days from receipt of the request by RIVIERE DEVELOPPEMENT

• Rules: posting listings on Canalfriends.com

• Listings should only be for legal products and services and the advertiser should be the lawful owner of the good and services offered.

• The advertiser must hold an insurance policy, if required for the sale of their good or service.

• The listing must be placed within the correct category for the product or service offered. In case of error, RIVIERE DEVELOPPEMENT will notify the Advertiser to modify and place his listing within the correct category as specified in the terms and conditions and rates schedule below.

• The site is bilingual (French and English), a listing may be written in French and/or English; no other language is accepted. On request, a listing may be translated by Canalfriends.com from French to English or vice versa, under the conditions mentioned in the price list of these Terms / Conditions.

• A listing may be published only once during the same period.

• An old listing should be removed before posting a new one of the same product or service.

• A listing may not be simultaneously posted in multiple categories.

• Advertisers (activites, accommodations) on multiple sites should contact Canalfriends.com in order to determine the best promotional formula for them.

• All listings prices should be in EUROS (inclusive of taxes).

Boatstop Listings

•BoatStop is a system of co-navigation on our inland waterways with the sharing community spirit.

•BoatStop makes it possible for enthusiasts to accompany boat owners on their normal journey on our waterways.

•The participant accepts the owner’s terms and conditions in terms of security and conduct on board.

• It is not a cruise. The journey is not organised by the passenger but decided in advance by the boat owner.

•The boat owner may ask for a modest contribution towards costs in order to maintain the participative and community spirit of BoatStop; an opportunity for rich and rewarding encounters by discovering a new environment and participating in the costs. As an example, the contribution requested may include participation in fuel costs, food …. It is also advisable for the owner to clearly specify the rules and conditions to be observed on board before accepting participants

• The owner must possess adequate insurance cover for the service offered and provided.

•All participants under 18 years of age must be accompanied by an adult.

• The site owners (RIVIERE DEVELOPPEMENT/ Canalfriends.com) are not involved in the decision between the parties (boat owner and participant) for the co-navigation.

• In the initial phase of the platform, contributions will be paid directly by the participant to the owner. Subsequently, an online booking system will be set up.

• Like any innovative service, BoatStop will evolve overtime

• Do not hesitate to send us your comments and suggestions… we will get back to you as soon as possible.

Unauthorized Listings and Content:

• Any services or products prohibited by the regulations in force in France and in the countries of residence of the advertiser

• Intellectual property services or trademarks linked or not to waterways including territorial business development consulting

• Arms and weapons of any kind, and / or related items

• Dangerous products

• Tobacco, drugs, dangerous and illegal substances

• Drugs, pharmacy, cosmetics, food supplements

• Adult Content/pornography

• Massage services and any related services intended for the ‘adult market’

• Counterfeiting and distribution of material protected by copyright. The sale of copying or reproduction of any kind is likely to constitute an act of infringement, punishable by three years imprisonment and a 300,000 euros fine on the basis of Article L.335-2 paragraph 2 of the Code of intellectual property.

•Services or products related to marketing companies (multi-level marketing)

• Calls for private financial donations or humanitarian purposes. (Only the Partnership Search listings for specific and concrete projects on or along waterways are permitted).

• Photos with recognizable minors or representations unrelated to the proposed offer.

4.2 –Canalfriends.com Forum Conduct Guidelines/Terms of Use

• Registration on canalfriends.com gives access to the forum and requires the acceptance of the terms and conditions of use below.

• On registering, the user/member is redirected to their profile page and may then define the level of confidentiality of personal information, which may be either public ( accessible to “everyone”) or reserved for friends or members of the community.

• The canalfriends.com forum aims to enable a discussion platform between members of the Canalfriends community to exchange, learn and question on waterways related topics

. • Registration is free

• The forum is open to any adult who registers by sending their email address and a username / avatar, accepts and respects the forum guide of good contact/terms of use. Members who violate the code of conduct will have their account blocked should warning not be heeded. Registration under various Usernames for the same user is not prohibited. Also prohibited: the use of names of famous people, famous brands, products, phone number, e-mail, web site name, …

• The member may publish his email address, name, surname, website and mailing address; but is solely responsible for the consequences of such disclosure. (For information, the user’s attention is drawn to the fact that any public data is indexed and stored by major search engines)

• According to Article 34 of the Data Protection Act of 6 January 1978, each member has a right to access, modify, rectify and delete data concerning him

• All messages must be written in French and English. Messages written in another language will be deleted by the Canalfriends team.

• TYPING ONLY IN CAPITAL LETTERS: Please DO NOT write only in capital letters – this is considered as raising your voice in forum language.

• Keep to the topic of the original thread and do not post multiple threads on the same. To have more chance of being read and to get answers, the title of the message should be clear, with short keywords as the problem. Similarly, the questions should be short and precise to facilitate understanding.

• Several topics should not be addressed in the same discussion. Any message that prevents or disrupts forum exchanges will be deleted. In the event of repetition, the Canalfriends team will close without notice Canalfriends the member’s account

• To encourage contributions, you should thank the people who respond.

• Members are encouraged to adopt a friendly attitude, to write messages in an intelligible language, not to make personal attacks against other members.

• Contributors with a different opinion must disagree in a constructive and polite manner.

• The Canalfriends team is responsible for moderating the forum. The aim is to ensure that the principles of the forum conduct guidelines are applied, whilst providing a forum for free expression open to members.

• Moderation is carried out after posting and may include moving a message to the most appropriate category, its removal if it does not respect the conduct guidelines or even the deletion of the member’s account.

• Objections: You may object to a post by clicking on the ‘Report’ button on that post. This report will be dealt with by a moderator as soon as possible. This ‘Report’ facility should not be abused as this will lead to being banned from the forum.

• Members run the risk of being banned without notice by RIVIERE DEVELOPPEMENT should they:

• Advertise by direct or indirect methods, activities, accommodation, sale, lease, exchange any product or services

• Advertise or promote intellectual property services, linked or not with waterways including the field of territorial development consulting.

• . Advertise products or services on the forums. Do not spam the forums with links to your site or product, or try to self-promote your website, business or forums etc. All spam and advertising will be removed. Spam is defined her as unsolicited advertisement for goods, services and/or other web sites, or posts with little, or completely unrelated content

• Include personal information about others, or publish private correspondence or report conversations where there has been a reasonable expectation of privacy from other parties.

• Post defamatory statements against persons or organisations. He will be liable for defamation and must provide proof of his statements or the legality of his comment

• Infringe copyright.

• Bully members- Do not bully, threaten, intimidate or harass members.

• Incite discrimination based on race, sex, sexual orientation, religion, political opinion, hatred, violence, racism or revisionism.

• Incite illegal activity including the praise or promotion of terrorism or incitement to racial hatred.

• Generate data piracy; allowing access to passwords and personal accounts of other members.

• Link to and/or references content prohibited under these guidelines.

• Readers must respect the intellectual property rights of authors. They must not reproduce or distribute contributions published on this forum without the permission of their authors.

• Members are free to leave the Canalfriends forums at any time, so there is no need to ‘threaten’ to leave via a post on the forum

RIVIERE DEVELOPPEMENT reserves the right to amend the present guide of good conduct/terms and conditions at anytime without prior notice.

5 – Description des services canalfriends.com, tarification et paiement

5.1 Forum

Registration on Canalfriends.com gives free access to the Canalfriends.com forum

5.2 Listings publications

5.2.1 – Listings rates

5.2.1.1 – Accommodation–  3  listings packages

Categories : Apartment, Camping, Room, Bed and Breakfast, Gite/Cottage, Unusual accommodation, accommodation for fishing & on boats, hotel, holiday village

  • H1: Basic : free listing: Description in 500 characters, Geolocation, telephone, 60 days published, 1 image
  • H2 : seasonal: 20€ inc vat: Description 2000 characters, Geolocation, Telephone, Email, Website, 180 days of publication, 5 images
  • H3 : Standard: 50€ inc vat:   Description 2000 characters, Geolocation, Telephone, Email, Website, social networks (FB, twitter …), 365 days published, 10 images

5.2.1.2 – Activity – 4 listings packages

Categories; Air sport, night business, local crafts, rowing, boat rentals, boat ride, Canoe / Kayak, Canyoning, Horseback riding, Cinema, Food shops, Cooking Courses, Golf, Guide, speaker, Market, Museum, Tourist Office, leisure park, Heritage, Fishing, Port and nautical halt, local products, Repair Boat & bike, Restaurant, Cures & health.

  • A1 : Basic : Free: Description in 500 characters, Geolocation, Telephone, 60 days, 1 image
  • A2 : Seasonal : 20€ inc vat : Description 2000 characters, Geolocation, Telephone, Email, Website, 180 days of publication, 5 images
  • A3 : Standard: 50€ inc vat:  Description 2000 characters, Geolocation, Telephone, Email, Website, social networks (FB, twitter …), 365 days of publication, 10 pictures
  • A4 : Cruises with accommodation : 150€  : Description in 4000 characters, Geolocation sites, Telephone, Email, Website, social networks (FB, twitter …), 10 images, 365 days of publication

5.2.1.3- Events – 3 listings packages

Categories: Children’s Animation, Film & Theater, Dance, Tasting, Water Event, Sports Event, Exhibition & Conference, Local festival, Music, Fishing, Guided visits

  • E1 : Free Events or cosing less than 5€/pp: Free Listing: Description 500 characters, Geolocation, telephone & and mail, 1 image, 90 days after publication
  • E2 : classique : 20€ : Description 2000 characters, Geolocation, Phone and mail, web, social networks, video, 5 images, 180 days

5.2.1.4 – BoatStop, Property, Boats & Other Listings – 4 listings packages

Catégorie : BoatStop

  • AA1 : Free listing: Description in 2000 characters Geolocation Site, Email Phone, 60 days published, 5 images

Categories : boat equipment, DIY equipment, gardening equipment, fishing equipment, music equipment, sports equipment, telephone equipment, Equipment vehicle, Household goods, Books / CD / DVD, Exchange, Don, offer employment, training offer, Partnerships, Clothing /accessories

  • AA2 : Basic: Free listing: Description in 1000 characters, Geolocation, Email, 30 days published, 1 image
  • AA3 : Standard: 20€ : Description in 2000 characters, Geolocation, Telephone, Email, Website, 90 days of publication / 180 days, 3 images

Categories : Property & Boats:  New & secondhand boats, commercial & residential property, lockkeepers cottages

  • AA4 : 45€ : Description in 4000 characters, Geolocation, Telephone, Email, Website, 365 days published, 5 Images

5.2.1.5 – Extra options

  • Canalfriends enters your listings from the elements you provide via email : 20€
  • Canalfriends translates your adverts (English to French) : 20€ per 1000 characters

RIVIERE DEVELOPPEMENT reserves the right to change the above rates at any time and offer promotional rates. The rates are those in effect on the day of Listings purchase.

The advertiser chooses the formula that corresponds to the type of offer, information he wants to mention and publication time.

A few days before the end of the ad serving, email offers the advertiser to renew its purchase to extend its publication. Otherwise, the publication of the advertisement continues after its expiry.

5.2.2. – Payment

The advertiser may pay for his listing using :

• PayPal

• bank transfer

• cheque made payable to RIVIERE DEVELOPPEMENT

Payment is made when placing a paid listing.

Paypal sends the advertiser an acknowledgment email.

If the Advertiser does not pay the due fees RIVIERE DEVELOPPEMENT reserves the right to restrict access to services. If the payment method fails or if the account is overdue, RIVIERE DEVELOPPEMENT may appeal to a third party to recover the amounts due or have recourse to deduct the amount from the PayPal account balance.

Whatever the method of payment chosen, RIVIERE DEVELOPPEMENT will send an invoice or receipt to the advertiser via email.

5.2.3. Deleting Listings

There is no refund (full or partial) for a listing deleted by the advertiser before the expiry period.

Listings deleted by RIVIERE DEVELOPPEMENT, at the time of validation for non-compliance with the Terms and Conditions may block the payment made for the listing.

There is no refund for a non compliant listing already posted and subsequently deleted by RIVIERE DEVELOPPEMENT.

In all cases, the advertiser will be informed by email.

There is no refund for a listing deleted by RIVIERE DEVELOPPEMENT, due to subsequent information received concerning non compliance of said listing.

5.2.4. Retraction

Pursuant to Article L121-21 of the Consumer Code, the Advertiser has a period of fourteen (14) days to retract. However, on validating the order, the Advertiser accepts that RIVIERE DEVELOPPEMENT will proceed with delivery and expressly waives his right of retraction.

5.3 Waterways Bookshop

RIVIERE DEVELOPPEMENT promotes works related to the waterways and the business activities of advertisers on site canalfriends.com. It is for this reason that RIVIERE DEVELOPPEMENT participates in the Amazon EU Partner Programme, an affiliate programme designed to allow sites to earn advertising fees by linking to www.Amazon.fr.

Thus, all purchases made via Canalfriends Waterways Bookshop are redirected to the site Amazon.fr. The buyer accepts the terms and conditions of Amazon.fr sales. All claims related to such purchases should be directed to Amazon.fr

6 – Archiving

RIVIERE DEVELOPPEMENT archives purchase orders and invoices on a reliable and durable systeme in accordance with article 1348 of the Civil Code.

The records of RIVIERE DEVELOPPEMENT will be considered by all parties as proof of communications, orders, payments and transactions between the parties.
7 – Rights, responsibilities and obligations of RIVIERE DEVELOPPEMENT

The activities of RIVIERE DEVELOPPEMENT :

:

• Develop and maintain www.canalfriends.com, a platform allowing Canalfriends community members to exchange via a forum, the the sale of products offered for sale by by RIVIERE DEVELOPPEMENT or by its partners

• Canalfriends cannot be held responsible for the condition, quality or performance of goods and services offered by Advertisers.

The site is accessible 24h / 24 and 7/7.

However, RIVIERE DEVELOPPEMENT reserves the right, without notice or indemnity, to

temporarily or permanently close the Site or access for the purpose of updates, maintenance and so forth.

Depending on technological evolution, RIVIERE DEVELOPPEMENT reserves the right to amend the site and it’s services at any time.

For information in case of inability to use the Site, the user can send an email to contact@canalfriends.com.

The Company shall not be held responsible for:

• the accuracy, authenticity or completeness of information from users; it is the responsibility of users to be prudent when entering into a contract with other users.

• the state, compliance or quality of services offered by Advertisers

• any dispute between the parties relating to the sale, purchase, lease or exchange of goods or services offered on the site

• in the event of fraudulent or abusive use or due to voluntary or involuntary disclosure of access codes to other members or non members

• breach of these Terms and Conditions by a member / user of the services offered on the platform

• in case of direct or indirect damages resulting from the use of services.

• the quality of the service, the service is offered “as is”. Any disruption of the use of the online service can not engage the responsibility of the Company.

• breaches of computer security, which can cause damage to computer equipment users and their data.

• infringement of the rights of members/users

• “comments” or “reviews” by Users/members

8 – Intellectual Property

Fundamentals of RIVIERE DEVELOPPEMENT

These Terms / Conditions do not imply any transfer of any kind of intellectual property rights on the elements belonging to the RIVIERE DEVELOPPEMENT for the benefit of the user.

The site, trademarks, drawings, models, images, texts, photos, logos, templates, software and programs, search engines, databases, sounds, videos, domain names, design, or other information or materials presented by the RIVIERE DEVELOPPEMENT, but are not limited to, are the exclusive property of RIVIERE DEVELOPPEMENT and are protected by their copyrights, trademarks, patents and other rights of intellectual or industrial property rights which exist under the laws in force.

Any reproduction and / or representation of all or part of one of these rights without the express permission of RIVIERE DEVELOPPEMENT, is prohibited and constitutes an

infringement punishable by articles L. 335-2 and according to the Intellectual property Code. Consequently, the user prohibited from undertaking any action and any act likely to prejudice directly or indirectly the intellectual property rights of the Company. The user may not under any circumstances use, print or reformat the content of the Site for purposes other than for private or family use. The User undertakes not to download, reproduce, transmit, sell or distribute the content of the Website.

Everyone acknowledges that the information and databases accessible on the Site are the property of RIVIERE DEVELOPPEMENT.

Site fundamentals for users

The data supplied by the user, such as trademarks, designs, models, pictures, photos, logo without this list being exhaustive, are the exclusive property of their author and are protected as such by copyright , trademark law or any other rights recognised by the legislation.

When loading multimedia content on Canalfriends.com site, the Advertiser agrees that RIVIERE DEVELOPMENT has free, irrevocable, unlimited rights to use, under licence and over a geographically unlimited area. This right includes the right to edit multimedia content for the purposes of the Site and to make them accessible in the public domain in both online and offline forms.

The Company cannot read the contents of listings before posting. However, it will withdraw a content protected by copyright as soon as possible after the lawful owner has reported it. Illegal content must be notified via e-mail at contact@canalfriends.com

9 – Cookies

The company RIVIERE DEVELOPPEMENT reserves the right to collect user’s personal data and information on the site. They are necessary for a better management and improvement to services offered on the site when communicating through emails.

This data may also be sent to companies that contribute to these relationships such as those responsible for the execution of services, orders and payments.

This information and data is also stored for security purposes, to meet legal and regulatory obligations.

Managing cookies

When browsing the site Canalfriends.com, cookies are installed in your browser. These cookies are designed to gather information for navigation on the site (date and time of visit, page viewed, date and time of the click, click … the place). This information enables RIVIERE DEVELOPPEMENT to adapt the site in order to facilitate access to topics. Should you accept, Canalfriends can also treat your personal information to personalise the content offered, to share promotional offers or inform you about new offers.

10 – Personal Data

The personal data collected on the site and have been declared to the CNIL ( Commission Nationale Informatique et Libertés) under reference n°1855201 v 0. In accordance with article ‘Information technology and freedoms’ of 6 January 1978, the User has a right to access, rectify, modify and delete his personal data.

To exercise their rights, the user must send an email to contact@canalfriends.com or send a letter to RIVIERE DEVELOPPEMENT – Manau- 47310 Sainte-Colombe-en-Bruilhois, with name, email, phone number and copy of a valid ID.

RIVIERE DEVELOPPEMENT can use its IP address in cooperation with its Internet service provider to identify if it deems necessary to enforce its conditions of use or protect its services, its customers when requested by judicial authorities .

11 – Account deletion

By deleting his account on canalfriends.com, the user deletes his access to the forum and its free or paid ads, without any rights to a fund or compensation.

12 – Law and language of site

The Terms and Conditions are governed by and subject to French law regardless of the location of use.

The Terms and Conditions are written in French, the only language applicable to the matter. Translation in English for information only.

In the event of a dispute, the advertiser or the Customer must contact Rivière Développement and try to come to an amicable solution. In the event of a failure to reach an agreement, the designated jurisdiction is the locatio Rivière Développement’s headquarters, unless the conflicting parties agree on a different jurisdiction.