Terms of Use

Article 1 - Presentation

These General Terms of Use (“Terms of Use”) define the conditions and methods of access and use of the parkshare.net website and all its subdomains, including app.parkshare.net (together, the “Site”), published by Parkshare SAS (the “Publisher”).

By accessing and using the Site and its content, you (“User”) fully accept and agree to comply with these Terms of Use.

Parkshare reserves the right to adapt or modify the Terms of Use at any time. In the event of modification, the applicable Terms of Use are those in force on the day of connection to the Site. Users are therefore invited to consult the Terms of Use regularly to stay informed of any changes.

Article 2 - Access to the Site

Access to and use of the Site are strictly for personal use. You agree not to use this Site or the information and data it contains for commercial, political, or advertising purposes, or for any form of commercial solicitation, especially unsolicited emails.

Article 3 - Site Management

For the proper management of the Site, the Publisher may at any time:

• Suspend, interrupt, or limit access to all or part of the Site, or reserve access to certain parts to a specific category of User;
• Remove any information that could disrupt its operation or contravene national or international laws;
• Suspend the Site to perform updates.

Article 4 - User Obligations

The User agrees to comply with the Terms of Use and all applicable laws and regulations.

The User is prohibited from any fraudulent, abusive, or excessive use of the Site and/or its information and data. The Publisher strictly opposes any use of information from the Site, especially regarding parking locations and their details, for unauthorized purposes.

Users agree not to use the Site or its information/services for fraudulent or illegal purposes, including content that:

• violates public order or morality (e.g., pornographic, pimping, pedophilia, violent content potentially seen by minors);
• incites murder, racial hatred, or denies crimes against humanity;
• Contradicts the legitimate interests of the Editor or any third party (e.g., insult, defamation, privacy infringement, damage to personal or patrimonial rights);
• Involves hacking (e.g., system intrusion, virus propagation, spamming, phishing).

Article 5 - Liability – Limitations

The Publisher does not guarantee that the Site and its services are free from anomalies, errors, or bugs, nor that these can be corrected, nor that they will function without interruptions, breakdowns, or discontinuities, or that they are compatible with the User’s hardware or configuration. Therefore, the Publisher’s liability cannot be engaged in the event of failure, breakdown, difficulty, or interruption that prevents access to the Site or any of its features.

The User is aware of the characteristics and limitations of electronic communication networks, especially their technical performance, response times for consulting, querying, or transferring data, and the risks related to the security of such communications.

The equipment used to connect to the Site is the sole responsibility of the User. The User must take all appropriate measures to protect their equipment and data, especially from internet-based viral attacks. The User is also solely responsible for the sites and data they consult.

The Publisher cannot be held liable in the event of legal proceedings against a User:

• due to the use of the Site or any service accessible via the Internet;
• due to the User’s failure to comply with these Terms of Use.

The Publisher is not responsible for damages caused to a User, third parties, and/or the User’s equipment as a result of connecting to or using the Site and waives any action against the Publisher in this respect.

If the Publisher is subject to amicable or judicial proceedings due to a User’s use of the Site, it may seek compensation from the User for all damages, amounts, judgments, and costs arising from such proceedings.

The Publisher is not responsible for malfunctions attributable to third-party systems or software or to force majeure. The Publisher cannot be held liable for foreseeable or unforeseeable, material or immaterial damages (including, but not limited to, loss of profits or opportunities) resulting from the use or the total or partial inability to use the Site or any of its services or features, whether directly or indirectly provided by them.

The Site is normally accessible at all times. However, access may be suspended or removed at the Publisher’s discretion, especially in cases of force majeure, IT difficulties, issues related to telecommunications networks, technical difficulties, or for maintenance reasons, without this list being exhaustive.

The Publisher is only subject to a best-efforts obligation regarding the information and/or services it provides to Users via the Site and assumes no responsibility for information and partner services provided by partners. The Publisher’s liability cannot be engaged for information provided by partners or in the event of their fault.

The Publisher strives to ensure the reliability of information provided on the Site but cannot guarantee its accuracy, precision, or completeness. Consequently, the User acknowledges that they use this information at their own risk.

Article 6 - Personal Data

The information that the User provides on the Site allows the Publisher to process requests for information and respond by email.

In accordance with the General Data Protection Regulation No. 2016/679 of April 27, 2016 (GDPR) and the French Data Protection Act of January 6, 1978, as amended, the User has the right to access, rectify, object to, and erase their personal information, which can be exercised at: [email protected] or by writing to the Publisher: Parkshare, 50 avenue des Champs-Élysées, 75008 Paris, France.

For complete information on the processing of personal data, the Publisher invites the User to consult its Privacy Policy, which specifies:

• The legal bases for processing collected personal data;
• The types of personal data collected;
• The retention period for collected personal data;
• The purposes of processing collected personal data;
• The personal data shared by the Publisher with its partners.

The Privacy Policy also details the Publisher’s cookie policy, including:

• The definition and purpose of a cookie;
• The list of cookies issued by the Site and/or by the Publisher’s partners;
• The means to oppose the registration of cookies on their device;
• How the User can express their choices regarding cookies.

In accordance with the Privacy Policy, the User can at any time, where applicable:

• Oppose the processing of their personal data on legitimate grounds;
• Access, modify, rectify their personal data;
• Request the portability of their personal data;
• Request a limitation of processing by the Publisher.

In addition, the User has the option to communicate directives regarding the retention, deletion, and communication of their personal data after their death.

Article 7 - Intellectual Property

The Site as a whole and each of its components (such as texts, databases, structures, software, animations, images, photographs, illustrations, diagrams, logos, sounds, music, etc.), as well as all computer applications that may be used to operate this Site and, more generally, all elements reproduced or used on the Site, are protected by intellectual and industrial property rights and other proprietary rights held by the Publisher.

The Publisher is the sole holder of all intellectual property rights related to the Site, which belong to them or for which they hold usage rights. Access to the Site does not grant the User any intellectual property rights relating to the Site or its components.

Therefore, under the provisions of the French Intellectual Property Code and international conventions, it is prohibited to represent, reproduce, modify, publish, adapt, or exploit all or part of the Site or its components on any medium, by any means, for purposes other than the User’s personal and private use for non-commercial purposes, without the Publisher’s prior written authorization.

Violation of these provisions exposes the User to the sanctions provided for by the Intellectual Property Code and the Penal Code, particularly for copyright and trademark infringement, as well as those provided for by the Civil Code regarding civil liability.

The trademarks, logos, or domain names appearing on the Site are the exclusive property of the Publisher and/or its partners.

Any reproduction or use of these trademarks, logos, or domain names, in any way and for any purpose, is prohibited.

The creation of hypertext links to the Site may only be done with the Publisher’s prior written authorization, which may be revoked at any time without justification or compensation.

The Publisher is free to refuse this authorization without having to justify its decision in any way.

Any information accessible via a link to other sites is not under the control of the Publisher, who declines all responsibility for their content.

Article 8 - Third-party Sites and/or Services

The Site may include links to other sites, sources, and services, including partner services. Since the Publisher cannot control these sites and other external sources, the Publisher declines all responsibility for the content, advertisements, products, services, or any other material available on or from these sites or external sources. These links are provided solely to facilitate User navigation, access to information, or payment for services.

Article 9 - Language

These Terms of Use are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 10 - No Waiver

The fact that the Publisher does not invoke, at a given time, any of the provisions of these Terms of Use cannot be interpreted as a waiver by the Publisher of the right to invoke any of said provisions at a later date.

Article 11 - Partial Invalidity

Any provision of the Terms of Use that is declared null or unlawful by a competent judge shall be deprived of effect. The nullity of such a provision shall not affect the other provisions of the Terms of Use nor their overall validity or legal effects. The Publisher will replace it with a legally valid provision as close as possible to the intended meaning and purpose, both legally and economically.

Article 12 - Governing Law and Jurisdiction

The Terms of Use are governed by French law. Therefore, subject to any applicable legal provisions, any dispute falls under the jurisdiction of the French courts.

Alternatively, any dispute relating to the interpretation and/or execution of the Terms of Use may be settled amicably between the Publisher and the User (“the Parties”).