General terms of use

Villa Djunah is a restaurant, a lounge bar, a beach, a rooftop and a club where each space is a unique and magical journey. Always inspired by its neo-Moorish past, our team is in search of originality and flavors of the Mediterranean basin, highlighting fresh products, sweet spices and playing on seasonality, Little by little, the spaces are transformed into a high party place with an ambient rhythm where dance and music mingle for a magical, privileged and unforgettable moment on the Côte d’Azur.

These General Terms and Conditions of Use therefore apply to any natural person browsing the Site.

Article 1 – Definitions

The terms defined below, when they are used within the General Conditions of Use and the Personal Data Protection Policy with a capital letter, invariably whether they are in the plural or in the singular, will have between the Parties the meaning next :

“General Conditions of Use” or “CGU”: all the stipulations set out in this document which is intended to define the rules of access and use of the Site by the User.

“Personal data”: any information relating to an identified or identifiable natural person, i.e. a person who can be identified, directly or indirectly.

“GDPR”: EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

“Site”: all the services offered and information available on the Internet accessible

“User”: any natural person browsing the Site.

Article 2 – Purpose

The General Conditions of Use define the technical and legal conditions under which the User is authorized in particular to:

● Browse the Site and use its features;
● Access content provided by O’Sullivans Development;
● Communicate to O’Sullivans Development its feedback.

Article 3 – Adherence to the General Conditions of Use

These T&Cs come into force from the date they are posted online and are binding on any User.
Any access to and use of the Site presupposes prior consultation and acceptance of these T&Cs as well as compliance with the legal and regulatory provisions in force.

The User has the ability to save or edit, under his sole responsibility, the T&Cs using the standard features of his browser or computer. O’Sullivans Development recommends that Users print and keep a copy of the T&Cs for future reference.

O’Sullivans Development reserves the right to modify the T&Cs at any time. These modifications commit the User as soon as they are put online. It is therefore recommended that the User regularly consult the T&Cs in order to be aware of these new conditions.

It is up to each User to carefully read these T&Cs as well as, where applicable, their successive versions, before accessing the pages contained on the Site.

Article 4 – Description of the services of the Site

The main purpose of the Site is to allow the User:

● Consult the events and sports agenda
● To benefit from special offers and events by subscribing to the newsletter
● To reserve, privatize a space within the establishment of his choice
● To request information by sending a contact form
● To apply to O’Sullivans
● To directly share an article with the contact of their choice
These sections may change and evolve according to the editorial choice of O’Sullivans Development

Article 6 – Rules of use of the Site

The user is prohibited, within the framework of his navigation on the Site, from engaging in acts, of any nature whatsoever, which would be contrary to the law, would undermine public order, or the rights of ‘O’Sullivans Development or third parties. In particular, without this list being exhaustive, the User undertakes, when browsing the Site, to respect the following rules:

● Provide accurate information when registering and using the Site;
● Update the data concerning him;
● Not to use a false identity in order to mislead others;
● Use the Site fairly and in accordance with the legal and regulatory provisions and the practices in force;
● Respect the intellectual property rights relating to the content provided by O’Sullivans Development as well as the intellectual property rights of third parties;
● Not to disseminate data, information or content of a defamatory, abusive, obscene, offensive, violent or inciting nature, or of a political, racist or xenophobic nature and in general any content that would be contrary to the laws and regulations in force or good morals.

Article 7 – Intellectual Property

The Site, its content and all the elements that make it up are creations for which O’Sullivans Development holds all the intellectual property rights.

O’Sullivans Development owns the rights to use all the elements that make up the Site, such as brands, logos, texts, photographs and images, graphics, video, sound and animation data, software, source codes, databases or has been granted the necessary licenses on the related intellectual property rights.
As such, any use of this mark or any similar sign is prohibited without the prior written authorization of O’Sullivans Development.

The user only benefits from a non-exclusive and non-transferable right to use the Site and its component elements.

The User is prohibited in particular, in a non-exhaustive manner, for a use other than private, from reproducing and/or representing, downloading, selling, distributing, issuing, translating, adapting, exploiting, distributing, broadcasting and communicating in whole or in part under in any form whatsoever, whether commercial or not, the trademarks, any original intellectual work or data contained on the Site.

The user is also prohibited from entering data on the Site which would modify or which would be likely to modify the content or appearance of the data, the presentation or the organization of the Site or the works appearing on the Site, and by any process whatsoever.

Article 8 – Availability of the Site

O’Sullivans Development cannot be held responsible for discontinuities on the Site, whether voluntary or not.

O’Sullivans Development also reserves the right to make any changes and improvements to the Site that it deems necessary or useful for its proper functioning.

O’Sullivans Development undertakes to make its best efforts to secure access, consultation and use of the Site in accordance with the rules of use of the Internet, in particular concerning protection against viruses.

The Site is accessible 24 hours a day, 7 days a week, except in the event of force majeure or the occurrence of an event beyond the control of O’Sullivans Development and subject to any breakdowns affecting the Site and maintenance operations necessary for its proper functioning. O’Sullivans Development specifically reserves the right, without notice or compensation, to temporarily or permanently close access to the Site to perform an update, modifications or changes to the operational methods, hours of accessibility, without this list is not exhaustive.

The User declares to accept the characteristics and limits of the Internet, and in particular to recognize that:

● Its use of the Site is under its sole responsibility; the Site is accessible to him “as is” and according to its availability;
● He is solely responsible for his downloads and any damage suffered by his computer and/or any loss of data resulting from his downloads or, more generally, from consulting the Site;
● It is his responsibility to take all necessary measures to protect his own data and/or software against contamination by any virus possibly circulating through the Site;
● The User is aware of the nature of the Internet, in particular its technical performance and the response times required to consult, query or transfer information;
● The communication of its Access Codes or in general any information deemed confidential is made under its own responsibility;
● It is his responsibility to take all necessary measures to ensure that the technical characteristics of his equipment allow him to consult the Site and download data.

Article 9 – Liability

The liability of O’Sullivans Development can only be engaged by the User in the event of proven fault and for the consequences of direct damages.

O’Sullivans Development can not in any case be responsible for the violation of the TOS by another user and the infringement of the rights of Users in general. It is the responsibility of the User to indicate exact contact details, in compliance with the regulations relating to the Protection of personal data.
O’Sullivans Development cannot be held liable:

● Due to the nuisance or damage inherent in the use of the Internet network, such as service interruption, external intrusion, presence of computer viruses or any event qualified as force majeure by the courts.
● Nor retained in the event of temporary or total unavailability of all or part of the access to the Site.
● Due to disruption of the use of the Site or computer security breaches.
● In case of violation of the GDPR by the User.

Article 10 – Protection of personal data

O’Sullivans Development collects and processes the Personal Data of Site Users.
A Personal Data Protection Policy is accessible at the bottom of each page of the Site to inform Users of the processing of their data by O’Sullivans Development: Personal Data Protection Policy.

Article 11 – Cookies

A Cookies Policy is available at the bottom of each page of the Site: Cookies Policy.

Article 12 – Contact

For any information or question relating to the use of the Site, O’Sullivans Development is at the disposal of the User who can write his request by means of an e-mail dedicated to this purpose:

Article 13 – Applicable law – Dispute

13.1 Applicable law
These T&Cs are governed by French law. This is the case for the rules of substance and the rules of form, notwithstanding the places of performance of the substantial or accessory obligations.
13.2 Jurisdiction
Any dispute relating to the T&Cs will be subject to the exclusive jurisdiction of the Courts of the Court of Appeal of Paris, even in the event of a warranty claim or multiple defendants.