Terms of service of use

of the ParkingMap mobile application

 

ARTICLE 1 : PRESENTATION

The general conditions of use for the use of the “ParkingMap” mobile application and the services provided by PARKING MAP.

EDITOR

The “ParkingMap” application is published by PARKING MAP, a simplified joint-stock company with a capital of € 68,830.00; APE code 6201Z; VAT FR63531735587, registered at the Paris RCS under the number 531 735 587 and whose head office is located at 36 boulevard Gouvion Saint Cyr – 75017 PARIS.

PUBLICATION DIRECTOR

Mr. Clement Rossigneux
Phone number: 01 84 25 29 50
Email: info@parkingmap.fr

HOST

The “ParkingMap” application is hosted by OVH, a simplified joint-stock company with a capital of € 10,069,020.00; APE code 2620Z; VAT FR 22424761419, registered with the RCS of Roubaix under the number 424 761 419 and whose head office is located at 2 rue Kellermann – 59100 Roubaix.

 

ARTICLE 2 : DEFINITIONS

In the body of these Terms of Use, words beginning with a capital letter refer to the definitions below:

Application: Refers to the software developed by PARKING MAP under the name “ParkingMap” and available under iOS 8.1+ and Android 4.03+. The Application can be downloaded on the Download Platforms APPLESTORE and PLAYSTORE.

Contract: Refers to these Terms of Use and any accompanying documents.

Locations: Refers to the different parking spaces referenced in real time on the Application.

Information: Refers to the parking information presented on the Application. It can include the following data:

The distance separating the User from the desired Location
The capacity of the Location
The rates
The address of the Location
The height and width of the vehicles allowed to park on the Location
Services offered by the Location
Scope: Refers to the cities for which PARKING MAP has been approved, which are therefore referenced on the Application.

Services: Refers to all the services offered by PARKING MAP in application of these Terms of Use.

Website: Refers to the website published by PARKING MAP whose address is http://www.parkingmap.fr

User: Refers to any natural person who accesses the Application and who uses the Services offered on the Application.

 

ARTICLE 3 : ACCEPTANCE AND MODIFICATION OF TERMS

By accessing the Application, the User acknowledges having read the Terms of Use and having accepted them without restriction or reservation.

This acceptance does not require a handwritten or electronic signature on the part of the User given the electronic nature of the Contract.

PARKING MAP reserves the right to modify these General Conditions of Use at any time and without notice, it being specified that the modifications will come into effect immediately after the new General Conditions of Use are put online.

The General Terms of Use enforceable against the User will be those available on the day of the visit on the Application.

If one (or more) of the stipulations of the General Conditions of Use are held, rendered or declared invalid due to a law, regulation or decision of a competent jurisdiction, all other provisions shall continue to apply, provided that the invalid or invalid provision has not been a decisive condition of the User’s consent at the date of the conclusion of these Terms.

 

ARTICLE 4 : DESCRIPTION OF SERVICES

PARKING MAP offers an Application to guide the User in the search for parking space (s) for a simplified motoring experience.

The referencing of the Locations on the Application is done with partners and is therefore destined to evolve and / or to be modified.

PARKING MAP has in no way the enjoyment or disposal of the Locations referenced on its Application.

The Application allows on a searched Perimeter to locate the Available Locations and to have access in some cases to the Information.

The User can consult the “Help” section available on the Application in order to be guided in the use of the Application.

The Information and other data provided on the Application are only indicative and are therefore subject to change or modification.

Consequently, PARKING MAP can not be responsible if the Information or other data indicated on the Application is erroneous or absent and does not guarantee that this Information or data is exact, complete or that it will not be modified.

PARKING MAP thus disclaims any direct or indirect liability for any error or omission of any content appearing on the Application.

 

ARTICLE 5 : OBLIGATIONS OF THE USER

By accessing the Application, the User guarantees to have full legal capacity to use the Services offered on the Application.

The User is also informed that the Services are accessible on IOS only by using the “Google Map” application. Accordingly, the User acknowledges having read the Terms of Use “Google Map” and have accepted without restriction or reservation.

The use of the Application involving the driving of a motorized land vehicle, the User undertakes to respect all the provisions of the Highway Code and the law n ° 85-677 of July 5, 1985 tending improving the situation of road traffic accident victims and speeding up compensation procedures.

The User also agrees to comply with all regulations and instructions imposed on the Locations.

The driving of the vehicle and the parking is therefore under the sole responsibility of the User and PARKING MAP can not be responsible for any offense and any damage that may be caused to the vehicle of a User or the User himself .

 

ARTICLE 6 : AVAILABILITY OF SERVICES

The Application is accessible 24H / 24H, 7 days / 7 days, except in cases where the Services would be suspended or interrupted for the following reasons:

Application Maintenance
Events dependent on the fact of a third party and especially any difficulty related to telecommunication operators and computer systems used by the User
Events of force majeure, as defined by the jurisprudence of the French courts
Events depending on the fact of the User and especially in case of non-compliance by the latter with any of its obligations under these Terms of Use.
PARKING MAP does not guarantee that the Application is free from any bug, error or anomaly and declines any responsibility in case of malfunction, interruption or unavailability of the Service.

In case of inaccessibility to the Application due to malfunctions, PARKING MAP will nevertheless make its best efforts to resolve these malfunctions as soon as possible and to keep its Users informed.

PARKING MAP can not in any case be responsible for the damages resulting from the impossibility or the difficulties to have access to the Application (in particular loss of data, direct or indirect damages …).

 

ARTICLE 7 : LIABILITY

PARKING MAP may only be held liable to the extent provided by the law of contractual civil liability, that is to say by reason of the damages that are the direct consequence of the non-performance of the obligations incumbent upon it.

PARKING MAP can not be held liable for indirect damages caused to the User, such as image damage, loss of income, turnover and customer, loss of opportunity, etc.

In any case, PARKING MAP incurs no liability when the damage results:

Acts, negligence or errors of the User or third parties and non-compliance with the obligations resulting from these Terms of Use;
Force majeure (Article 9)
A foreign cause not attributable to PARKING MAP.

 

ARTICLE 8 : INTELLECTUAL PROPERTY

PARKING MAP is the exclusive owner of the intellectual property rights on the Application without that it concerns the third party software possibly present in the Application, for which PARKING MAP declares in any case to have sufficient rights.

All components of the Application, its documentation and any other information given by PARKING MAP to the User remain the exclusive property of PARKING MAP.

Similarly, all corrections, updates and new versions are the property of PARKING MAP.

PARKING MAP grants the User a non-exclusive license to access and use the Application solely for personal use in the context of viewing the Application and the use of the Services.

This license does not grant the User any right of ownership in the Application.

Consequently, the User prohibits any action and any act likely to infringe directly or indirectly the intellectual property rights held by PARKING MAP on the Application.

The User can not in any way:

Modify, translate, arrange, adapt or transform the Application including under the conditions provided by Article L.122-6-1-I of the Intellectual Property Code,
Proceed with or authorize the decompilation or reverse assembly of all or part of the Application,
Distribute, disclose, market, lease or assign to a third party all or part of the Application or documentation, and use the Application or documentation as part of a third-party training processing activity;
No license and no rights in the trademarks and logos relating to the Application and specifically the PARKING MAP brand are granted hereunder.

Any unauthorized use constitutes infringement and is punishable under the Code of Intellectual Property.

 

ARTICLE 9 : FORCE MAJEURE

PARKING MAP can not be held responsible for the non-performance or the delay in the execution of an obligation placed under its responsibility under the present Contract which is due to the occurrence of a case of absolute necessity, defined by the jurisprudence of the French courts as an event of unpredictable nature when concluding the Contract and irresistible in its execution.

In such a case, the obligations arising under this Contract shall be automatically suspended for a period of thirty (30) days following the occurrence of the case of force majeure. If such a case continues beyond a period of thirty (30) days, these Terms of Use would then be terminated automatically, without any compensation being due.

 

ARTICLE 10 : LINKS TO OTHER SITES

Any use or insertion of a link to the Website http://www.parkingmap.fr must first be authorized by PARKING MAP which can be contacted through the “Contact us” section or at the following address: 16 Athens street – 75009 PARIS.

Therefore, because PARKING MAP has no means of controlling the content of third-party sites that remain completely independent, the existence of a link between the Website http://www.parkingmap.fr and a third-party site does not mean in any way PARKING MAP approves for whatever reason the content of this site and the use that could be made of it.

 

ARTICLE 11 : PROTECTION OF PERSONAL DATA

PARKING MAP may collect personal information about the User while browsing the Application.

It is therefore the responsibility of the User to verify that the information provided is accurate and complete.

PARKING MAP undertakes to respect the confidentiality of the personal data communicated by the User and to treat them in the respect of the law n ° 78-17 of January 6th, 1978 and modified by the Regulation (EU) n ° 2016 / 679 known as “RGPD” (General Data Protection Regulation) which entered into force on May 25, 2018.

PARKING MAP informs the user that the data will be used:

To contact the User if needed
To inform the User about the Services
To respond to an injunction of the legal authorities and in particular to fight against fraud and more generally against any criminal activity reprehensible.
The collected data can not thus be used for other purposes than those which are targeted or which could be developed later by PARKING MAP.

PARKING MAP does not collect personal data such as last name, first name and e-mail address unless these are given voluntarily by the User.

PARKING MAP undertakes not to sell and not to rent its client file. Each User has a right to access, modify, rectify or delete data concerning him (Article 16 Right of Rectification and Article 17 Right to the Cancellation of the RGPD). To exercise this right, the User can contact PARKING MAP by entering the section “Contact Us” (indicating your last name, first name, e-mail and message) or send his request to the following address: 16 rue d Athens – 75009 PARIS.

 

ARTICLE 12 : COOKIES

The current Application does not use cookies. Nevertheless, the User is warned that the selected filters and the search history will be saved on his computer in order to simplify the user experience. This data will not be stored in the PARKING MAP servers.

If cookies are used, PARKING MAP undertakes to comply with the provisions of article 32-II of the law of January 6, 1978 modified by the ordinance n ° 2011-1012 of August 24, 2011.

The User will be informed in this case:

That the continuation of its navigation on the Application is worth agree to the deposit of cookies on its terminal
The purpose of the cookies used on the Application
The means he has to oppose the installation of cookies on his terminal.

 

ARTICLE 13 : GENERAL PROVISIONS

SECURITIES

The titles of the paragraphs and articles of the Contract are inserted for ease of reading but can not be used to guide their interpretation.

ENTIRETY

The General Conditions of Use constitute all the agreements entered into between PARKING MAP and the User regarding the use of the Application.

They cancel and replace any previous oral agreement, correspondence or declaration, and may only be modified by a written agreement signed by the duly authorized representatives of each party.

NO RENUNCIATION

The fact that one of the parties to the General Conditions of Use has not required the application of any clause, whether temporarily or permanently, can in no way be considered as a waiver of that part arising from that clause.

APPLICABLE LAW – JURISDICTION

These Terms of Use are subject to French law.

Any dispute that may arise in connection with these Terms of Use will be assigned to the competent court within the jurisdiction of the Paris Court of Appeal.