Terms and Conditions

5. WARRANTIES AND LIMITATION OF LIABILITY

The RT Content is only for your general information and use and is not intended to address your particular requirements. In particular, the RT Content, including User Content and any other content provided by third parties and distributed by Rivieratimes.com, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by RT and is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) Rivieratimes.com are at your sole risk and responsibility. Any information that you receive via Rivieratimes.com whether or not it is classified as ”real time”, may have ceased to be current by the time it reaches you and share price information may be rounded up/down and therefore not entirely accurate. RT is not responsible for any use of the RT Content by you outside its scope as stated in these terms and conditions.

LIMITED WARRANTY

What we can guarantee: RT SHALL DEVELOP AND OPERATE RIVIERATIMES.COM WITH REASONABLE SKILL AND CARE AND HAS REASONABLE SECURITY PROCEDURES IN PLACE.

What we cannot guarantee: EXCEPT AS SET OUT IN THE PARAGRAPH ABOVE, RT DOES NOT GIVE ANY WARRANTIES IN RESPECT OF RIVIERATIMES.COM OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH RIVIERATIMES.COM.. TO THE EXTENT ALLOWED BY APPLICABLE LAW, RT HEREBY DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER (EXCEPT ANY DUTIES OF GOOD FAITH), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE, AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT. NEITHER DO WE PROVIDE ANY WARRANTY THAT RIVIERATIMES.COM IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

OUR LIABILITY EXCLUSION

TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT RT WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR INVESTMENT CHOICES OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF RIVIERATIMES.COM (INCLUDING LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING RIVIERATIMES.COM OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.

IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT RT WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF RIVIERATIMES.COM.

YOUR REMEDIES

RT SHALL USE REASONABLE ENDEAVOURS TO PROMPTLY REMEDY ANY FAULTS IN RIVIERATIMES.COM OF WHICH IT IS AWARE.

YOU AGREE THAT YOUR ONLY OTHER REMEDY (INCLUDING FOR NEGLIGENCE) FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF RIVIERATIMES.COM (TO THE EXTENT THAT RT'S LIABILITY IS NOT EXCLUDED BY THIS SECTION 5) IS AS FOLLOWS:

• IF YOU HAVE SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, YOUR REMEDY IS LIMITED TO THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF RIVIERATIMES.COM. THIS IS SUBJECT TO A LIMIT EQUAL TO THE FEE PAID BY YOU TO RT PURSUANT TO THESE TERMS AND CONDITIONS DURING THE YEAR IN WHICH THE DAMAGE IS INCURRED. YOU MAY AT YOUR OPTION RECEIVE PAID FOR SERVICES TO THE EQUIVALENT VALUE OF THIS LIMIT IN PLACE OF MONETARY DAMAGES.

• IF YOU HAVE NOT SUBSCRIBED TO RECEIVE ANY PAID FOR SERVICES, THEN TO THE EXTENT WE CANNOT REMEDY THE RELEVANT FAULT IN RIVIERATIMES.COM, YOUR REMEDY IS LIMITED TO RECEIVING PAID FOR SERVICES AT NO COST UP TO THE VALUE OF THE DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF RIVIERATIMES.COM. THIS IS SUBJECT TO A LIMIT EQUAL TO THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL RIVIERATIMES.COM SUBSCRIPTION FEE. YOU MAY NOT RECEIVE MONETARY DAMAGES.

IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT EITHER OF THE ABOVE LIMITS ON OUR LIABILITY ARE UNENFORCEABLE, THEN YOU AGREE THAT IN ANY EVENT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED DAMAGES GREATER THAN TWICE THE VALUE OF THE HIGHEST THEN APPLICABLE ANNUAL RIVIERATIMES.COM SUBSCRIPTION FEE.

The above disclaimers and restrictions on liability apply equally to your use of Rivieratimes.com and all RT Content.

OTHER INFORMATION

Without limiting the above, RT is not liable for matters beyond its reasonable control. RT does not control postal or courier services, telephones, third party communications networks (including your Internet Service Provider), the Internet, acts of God or the acts of third parties.

Notwithstanding anything else contained in the provisions of this Section 5, RT's liability will not be limited in the case of death or personal injury directly caused by RT's negligence.

Rivieratimes.com contains links to other Internet websites or online and mobile services provided by independent third parties ("Third Party Sites"), either directly or through frames. Third Party Sites may be co-branded with RT and so include RT's trade mark. RT is not responsible for the availability or content of Third Party Sites and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Sites. If you purchase products or services from a Third Party Site your contract for such products or services will be with the third party and not with RT. Our Privacy Policy does not apply to Third Party Sites. This provision also applies to any Recruiters that users of the Jobs & classifieds section of Rivieratimes.com may conta

Copyright in any software that is made available for download from Rivieratimes.com belongs to RT or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. RT is not responsible for any technical or other issues that may arise if you download third party software. Do not install or use any software unless you agree to such licence agreement.

Rivieratimes.com contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on Rivieratimes.com complies with international and national law. RT will not be responsible for any error or inaccuracy in advertising or sponsorship material.

7. Choice of Law and Jurisdiction

These terms and conditions shall be governed by, and construed in accordance with, European law.

To the extent possible in the applicable

For the exclusive benefit of RT and to the extent possible in the applicable jurisdiction, RT shall retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.

8. General

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.

Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.

9. Paid For Services

9. (a) General

RT operates the following ”PAID FOR” services: Rivieratimes.com Subscription Services, RT Bundled Subscriptions (subscription to both RT newspaper and Rivieratimes.com) and RT E-paper. By subscribing to receive any of these Paid For Services, as well as the above terms and conditions, you are also agreeing to the terms in this Section 9. RT reserves the right to vary or terminate the Paid For Services and does not guarantee that a Paid For Service will remain paid for or that a free-of-charge service will remain free-of-charge.

The RT Bundled Subscription service is subje

You agree to pay any subscription fees at the rates in effect when the charges are incurred. If you already receive any Paid For Services through any corporate or business arrangement made with us, any payment terms below will not apply to you.

You must provide us with complete and accurate payment information. You can pay by credit card. By submitting credit card payment details you warrant that you are entitled to purchase the Paid For Services using those payment details. In the case of unauthorised payments RT reserves the right to suspend or terminate your access to the Paid For Services. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Paid For Services.

RT will try to process your subscription promptly but does not guarantee that the Paid For Services will be available to you by any specified time. RT makes no offer, either to enter into a subscription contract or to provide any other good or service. RT reserves the right to reject any offer for any reason and without giving any reason. A contract with you for receipt of the Paid For Services will come into effect when RT confirms this to you. RT may use third parties to assist in the provision of the subscription services.

There is no specific time limit applying to your use of the Paid For Services on these terms and conditions. However, RT reserves the right to suspend or terminate your subscription to the Paid For Services if you breach these terms and conditions, with or without notice and without further obligation to you.

RT will charge you in Euros.

As described in these terms and conditions, some RT Content is made available as part of a paid for subscription service. You are not permitted to deliberately attempt to access that content without paying the applicable subscription fee. Any attempt to do so is a breach of these terms and conditions and may also constitute an offence as a matter of law. RT fully reserves all rights it may have to enforce its rights under these terms and conditions or at law (any failure to do so is not a waiver of these rights). If you are using Rivieratimes.com in an ‘at work’ capacity you should also read the “At work use” section in Section 1 above.

9. (b) Rivieratimes.com and RT Bundled Subscription Services

Scope: You may purchase a combined and/or individual subscriptions to Rivieratimes.com and/or the RT newspaper. We recommend that you read the Frequently Asked Questions area of Rivieratimes.com for more details.

Pricing: The subscription price is set out on the pages which contain our subscription process. You can take out either an annual or monthly subscription which will automatically renew or any other fixed term or automatically renewing payment frequency that we may offer from time to time. RT will notify you in advance of any price increases. If a free trial is made available to you, you will only be charged with effect from the expiry of that free trial period. No more than one free trial per subscriber is allowed. We reserve the right without notice and at any time to terminate any free trial. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription.

Newspaper Delivery of The Riviera Times Newspaper portion of the RT Bundled Subscription: RT will aim to commence delivery of The Riviera Times newspaper to you regularly at the beginning of each month. With the exception of any cancellation rights you have, RT does not provide refunds for The Riviera Times Newspaper once delivered.

Cancelling or Changing your Subscription: You may cancel or amend your subscription at any time by contacting our Customer Services team at subscription@mediterra.com. Or alternatively, call + 33 4 97 00 11 22 For cancellations, RT will refund you on a pro rata basis. This means that RT will refund you or credit your account with any amounts you have paid us in advance that relate to any remaining period of your subscription. Any cancellation will be effective once RT receives notice of it. You may also use the telephone numbers to temporarily suspend newspaper delivery, although you must provide at least 5 business days advance notice for this to be implemented.

With regard to RT Bundled Subscription only, you will be contracting with the applicable entity listed below;

Mediterraneum Editions sarl, whose principal place of business is at 8, Avenue Jean Moulin, F-06340 Drap/Nice (France)

Notwithstanding the above, any use of Rivieratimes.com will in all circumstance be subject to these terms and conditions.

9. (c) Residents of Certain Countries

Depending on your country of residence, you may have additional cancellation rights. If applicable, details will be made available during the subscription process.