Legal terms

Terms governing the use of the Website

Welcome to the « www.bollore-africa-logistics.com » website (referred to hereinafter as the « website).

The purpose of the website is to provide you with information on the activities of the division of the Bolloré Group responsible for transportation and logistics primarily on the African continent.

In accordance with law, we ask that you examine these « terms of use » (referred to hereinafter as the « Terms »), as well as all terms. These Terms concern your rights and legal liability which apply as soon as you utilize this Website.

This Website is placed at your disposal for your personal use, subject to the respect of the Terms defined below.

By accessing this Website, by visiting it and/or utilizing it, you acknowledge that you have read, that you have understood and that you accept to be bound by these Terms, and you undertake to comply with all of the laws and regulations which apply. If you do not accept these Terms, please do not use this Website.

You undertake to access the information appearing on this Website solely for a personal, non-commercial use.

You may utilize the Website only for lawful purposes. No utilization or misappropriation is authorized.

The contents of this notice may change. Therefore we ask that you consult it regularly, verifying the date of the last update.

Legal Information

This Website is published by the BOLLORÉ Company, a joint stock company with a capital of € 395,218,416, registered in the Quimper Companies Register under number 055.804.124, with registered offices in Odet, ERGUE GABERIC (29500), FRANCE, and administrative offices at Tour Bolloré, 31-32 Quai de Dion Bouton, in Puteaux (92800), FRANCE : Tel : 01.46.96 44.33, hereinafter referred to as « BOLLORÉ ».

The Website’s publication director is Mrs. Sabine BUREAU-PERRARD. She is in charge of Communications at the Division Terrestre International.

The Website is hosted on the BOLLORÉ company’s servers in Puteaux.

Intellectual Property

The Website is governed in its entirety by French copyright laws, trademark laws and generally speaking, by the laws governing intellectual property.

BOLLORÉ’s trademarks and logos (semi-figurative trademarks) appearing on the Website are registered trademarks. Any reproduction or total or partial representation, alone or incorporated into other elements, without BOLLORÉ’s prior express written permission, or that of its subsidiaries and affiliates, is strictly prohibited.

Unless otherwise stipulated, the overall structure, software, texts, images, videos, sounds, know-how, animations and more generally speaking all the information and content appearing on the Website are the property of BOLLORÉ, its subsidiaries or affiliates or are subject to a utilization or exploitation right. These elements are subject to the laws protecting copyright.

Any total or partial representation, modification, reproduction, conversion of the Website or of its content, using any process whatsoever, and on any medium whatsoever, would constitute an infringement and would be sanctioned by Articles L 335-2 and the following of the Code of Intellectual Property.

These Terms grant you no license to utilize the trademarks, logos or photographs of BOLLORÉ, its subsidiaries or affiliates

The data bases which may appear on the Website are protected under the provisions for the legal protection of data bases. In this capacity BOLLORÉ expressly prohibits any re-use, reproduction or extraction of elements from these data bases. Any unauthorized re-use, reproduction or extraction incurs the user’s liability.

BOLLORÉ reserves the right to immediately delete, without prior notice, any content, message, text, image, graphic which might violate the laws and regulations in force.

In the event that you wished to utilize some of the content on the Website (text, image…), you must obtain the prior express written authorization of BOLLORÉ, its subsidiaries or affiliates, by writing to the address provided in the § entitled “legal information”.

Respect of privacy

As user of the Website, you are required to respect governing law, and in particular the provisions of the law governing data processing, data files and individual liberties, the violation of which incurs legal sanctions.

In particular, you must refrain from collecting, making any improper use, in particular of the nominative data which you access, and generally speaking, from any act liable to undermine the privacy, honor, sensitivity, brand image, notoriety of any individual or legal entity, and in particular BOLLORÉ, its subsidiaries, affiliates and management, by avoiding any slanderous, provocative, ill-intended, disparaging or threatening reference, message or text on any medium whatsoever.

Personal data

In order to meet your needs, while you are navigating on the Website, BOLLORÉ may gather personal data concerning you, processed by computerized means.

The personal data which we may gather are intended exclusively for BOLLORÉ’s Communication Department, to permit you to benefit from the services proposed on the Website and to inform you on its products and services. BOLLORÉ may also communicate these data to other companies in its group, to its brokers, its insurers, as well as to third parties or sub-contractors, but solely for management or canvassing purposes, unless you oppose such communication. No other personal data concerning you is transferred to third parties or utilized for unforeseen purposes. In accordance with the Data Protection Act of January 6, 1978 (loi “Informatique et Libertés” n°78-17), you have a right to access, modify, rectify and delete personal data which we may have occasion to gather (Art. 34 of the “Data Protection Act”).

To exercise it, please contact:

BOLLORE
DTI Communications Department
Tour Bolloré
31-32 Quai de Dion Bouton
92800 Puteaux
France

As recalled above, you may, at no expense, oppose the use of the data concerning you for canvassing purposes.

The Website is not designed to receive confidential data from you. Consequently and with the exception of the personal data referred to above, any information regardless of its form – document, data, graphic, question, suggestion, concept, remark, or other – which you communicate on the Website, will in no event be held as confidential. Consequently, the mere transmission thereof by you confers upon us the right to utilize it, reproduce and circulate it, amend or transmit it in order to handle your request.

The visitors to the Website are informed and agree that the data (connection evidence or « cookies ») can be kept temporarily on the hard drive of their computers, in order to facilitate navigation on the Website. Concerning the cookies, these are blocks of data which are not utilized for the purposes of identification but rather to record data concerning your navigation on the Website. They allow for frequentation analyses, measures of audience…in order to improve the quality of the Website. The user is free to refuse these cookies by configuring his navigator according to the procedures described in detail on the website http://www.cnil.fr. However, in the event of the refusal of the « cookie », certain services may no longer be accessible.

Limited liability & exclusion of liability

As a user of the Website, you acknowledge that you have the skills and necessary means for accessing and utilizing this Website.

BOLLORÉ and its contributors are doing everything to see to it that the data posted on this Website is accurate and up-to-date, reserving the right to amend the content thereof at any time without notice. Nonetheless, they cannot guarantee that these data are complete, or that they will not be modified by a third party (piracy, virus). BOLLORÉ and its contributors shall not be held responsible (directly or indirectly) in the event of delays, errors or omissions concerning the contents and use of these pages, or in the event of an interruption in or unavailability of the service.

You acknowledge that you have been informed that the Website is accessible 24 hours/day 7 days/week, with the exception of cases of force majeure, computer difficulties, difficulties linked to the structure of the telecommunications networks or other technical difficulties. For maintenance purposes, BOLLORÉ may interrupt the Website. It shall endeavor to inform users beforehand. BOLLORÉ is not responsible for delays, difficulty using, or the incompatibility of this Website and the files, your navigator or any other program providing access to the Website.

BOLLORÉ shall in no event be held responsible for any direct or indirect damage resulting from or consecutive to the circulation by a third party of a virus via its Website and apt to infect your computer system following your connection to this Website, the use of this Website or to the navigation on this Website. Similarly, BOLLORÉ shall not be held responsible for material or accessory damage (including but not limited to, technical failure, disclosure of confidential documents, loss of data), or for any other indirect prejudice whatsoever occurring during or linked to the use of the Website.

BOLLORÉ shall endeavor to guarantee, to the best of its ability, the accuracy and updating of the data circulated on the Website, the content of which it reserves the right to correct at any time without notice. However BOLLORÉ and its contributors provide no guarantee and assume no responsibility, in any event, concerning the adequacy, sequence, accuracy, absence of error, veracity, non-infringing nature, timeliness, fairness and commercial nature, quality, grounds, and availability of the data contained on this website. Each internaut assumes fully the risks linked to the credit he attributes to these data. Erroneous data or omissions may be ascertained due in particular to typographical errors or layout. If you note any errors, you are asked to report them so that the appropriate corrections can be made.

The elements on the Website are provided “as is” without any guarantee of any sort, be it implicit or explicit. BOLLORÉ rejects categorically any interpretation aimed at assimilating the content of the Website with purchase bids or incentives to purchase shares or other securities, whether listed or unlisted, in BOLLORÉ, any of its direct or indirect subsidiaries or affiliates.

BOLLORÉ reserves the right, at its sole discretion, to modify any element on the Website. In the framework of its policy of updating and optimizing the Website, BOLLORÉ may decide to amend these terms.

Any dated data published on the Website is valid only on the specified date.

It is recalled also that the secrecy of correspondence is not guaranteed on the network and that it is up to each Internet user to take all appropriate measures to protect his own data and/or software from the possible contamination of viruses circulating on the Internet.

The Website is a website giving access to other BOLLORÉ websites or to the websites of companies in the BOLLORÉ group, which may have their own legal notices, which must be read and respected.

Hypertext Links

The hypertext links provided to other websites shall not incur BOLLORÉ’s liability, in particular concerning the content of these Websites.

BOLLORÉ, its subsidiaries and affiliates state formally that they shall not be held responsible for the content of the websites to which they provide links. These links are proposed to the users of the Website or of the websites of its subsidiaries and affiliated entities as a service. The decision to activate the links is incumbent exclusively upon Internet users.

Warning on forecast data

The Website may contain certain non-historical data which constitute forecast statements, and in particular prospects concerning future events, trends, plans or goals. These statements are based on the management’s current views and assumptions and are subject to the considerable risks and hazards liable to entail a significant difference between the real results and those contained explicitly or implicitly in these statements (or previous results). Additional information concerning these risks and hazards may be provided, if needed, in the documents filed by BOLLORÉ with the competent authorities. The forecast statements are presented on a certain date and BOLLORÉ does not undertake to update or adjust them, whether it be due to new information, future events or for any other reason.

Governing Law

If, for any reason whatsoever, a competent court were to consider that a provision of these Terms is invalid, the invalidity of this provision will in no manner impact the validity of the remaining Terms, which will remain in force.

The Website is governed by French law. These Terms will be interpreted in accordance with French law. Visitors with access to the Website from abroad must see to the respect of the laws which apply locally.

These Terms are available in both French and English versions. In the event of any inconsistency between the two versions, the French language version shall prevail.

Last update: September 1st, 2008