Legal

Tomato News Terms & Conditions

These Terms & Conditions were last updated on September 12th, 2017.
 
 

1.   In General

Editor
CMITI SARL (capital 5138 euros)
37 lot les Valérianes
84700 SORGUES
FRANCE
RCS AVIGNON 353 235 864
TVA FR64353235864
contact@tomatonews.com

Site design and hosting
KIC
3 Bis Rue Charlemagne
30000 Nîmes 
FRANCE
Site hosted by OVH

Site launched on 7 July 2017
 
CMITI SARL (“ www.tomatonews.com ”) owns and operates this Website.  
This document governs your relationship with www.tomatonews.com (“Website”). Access to and use of this Website and the services available through this Website (the "Services") are subject to the following terms, conditions and notices (the "Terms & Conditions").

By using the Services, you are agreeing to all of the Terms & Conditions, as may be updated by us from time to time (with a notice period of 30 days). You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
www.tomatonews.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
 
This Website contains links to other websites (the "Linked Sites"), links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties, which are not operated by www.tomatonews.com.  
We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

2.   Privacy Policy

By using this Website, you consent to the processing described below and warrant that all data provided by you is accurate.
www.tomatonews.com has the discretion to update this privacy policy at any time. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Data collection

You have the right to access the information we keep about you and your company.
CNIL declaration: Dhp2220617B

Data Protection 

This Privacy Policy governs the manner in which www.tomatonews.com collects, uses, maintains and discloses information collected from users (each, a "User") of the www.tomatonews.com website ("Site"). This privacy policy applies to the Site and all products and services offered by www.tomatonews.com

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, subscribe to the newsletter and in connection with other services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information,
Users may, however, visit our Site anonymously.
We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

How we use collected information

www.tomatonews.com collects and uses Users personal information for the following purposes:
  • To improve customer service
    Your information helps us to more effectively respond to your customer service requests and support needs.
  • To improve our Site
    We continually strive to improve our website offerings based on the information and feedback we receive from you.
  • To send periodic emails
The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include news, updates, related service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Your membership account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. www.tomatonews.com and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

3.   Disclaimer of liability 

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.tomatonews.com and its content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.tomatonews.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

4.   Intellectual Property, Software and Content

Use of information
The information contained in this website is for general information purposes only. The information is provided by Tomato News SAS and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Tomato News SAS. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, Tomato News SAS takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.tomatonews.com and are protected by copyright laws and treaties around the world. All such rights are reserved by www.tomatonews.com.
 
  • Except as is otherwise indicated on the Site, www.tomatonews.com owns the copyright in all the Information featured on this Site and all related intellectual property rights, including but not limited to all database rights, unregistered and registered trade marks, service marks and logos. You should not infer any affiliation, sponsorship or endorsement from the use of third party marks on the Site, as such marks are used solely to designate certain products or services as belonging to their owners. Nothing in this Site is intended to grant, by implication or otherwise, any licence or right under any patent, trademark or other intellectual property owned by www.tomatonews.com or third party. Citations should mention Tomato News as the source.
  • You are permitted to download, print, store temporarily, retrieve and display Information from the Site on a computer screen, print individual pages on paper and store such pages in electronic form on disk (but not on any server or other storage device connected to the network) for your personal use or for internal use within your organisation.
  • You are not permitted (except where we have given you express permission to do so or you are otherwise permitted to do so by law) to adapt, modify, copy, reproduce, distribute, republish, disassemble, decompile, reverse engineer, create derivative works from, download, post, broadcast, transmit or re-transmit in any other way any of the Information on the Site.

5.   Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.tomatonews.com and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.tomatonews.com.

6.   Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.tomatonews.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
 
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

7.   Terms of Sale

By placing an order you are offering to purchase a Service on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Publication times may vary according to availability and subject to any delays resulting force majeure for which we will not be responsible. 
 
In order to contract with www.tomatonews.com, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us, or a bank account from which you can issue a monetary transfer. www.tomatonews.com retains the right to refuse any request made by you. If your order is accepted, we will inform you by email.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit/debit card or bank account used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract 

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the payment has been received by us. Only those services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices, which appear on this Website are accurate, errors may occur. If we discover an error in the price of any services that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
No delivery costs, handling or shipping charges will be charged in addition for our digital services.

(c) Payment 

Upon receiving your order, we carry out a check to ensure we received your payment, either by credit/debit card or by bank transfer. The monies received upon the debiting of your card / the bank transfer shall be treated as a deposit against the value of the services you wish to purchase. Once the services have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of services you have purchased as listed in the confirmation email.

(d) Right to cancel 

You may cancel the purchase of a Service within seven working days of the day after the date the item is delivered to you. To cancel your purchase of a Service you should notify Us in writing within the seven working day period. Where you are cancelling the purchase of a Service We will refund the relevant part of the purchase price for that Service.

8.   Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page.

9.   Your acceptance of these Terms of Use 

By using this Site, you signify your acceptance of this policy and terms of use. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

10.                 Applicable law

By visiting www.tomatonews.com, you agree that the laws of France, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and www.tomatonews.com.

11.                 Disputes

Any dispute relating in any way to your visit to www.tomatonews.com or to services you purchase through www.tomatonews.com shall be submitted to confidential arbitration in France, except that, to the extent you have in any manner violated or threatened to violate www.tomatonews.com’s intellectual property rights, www.tomatonews.com may seek injunctive or other appropriate relief in any federal court in France, and you consent to exclusive jurisdiction and venue in such courts.

12.                 Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please email contact@tomatonews.com using your email program or follow the Contact Us link at the end of the webpage on www.tomatonews.com
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