Summary
Article 1 – Introduction the Site
Article 2 – Conditions of Site access – Caveat
Article 3 – Liability – Limitations
Article 4 – Personally Identifying (Nominative) Data
Article 5 – Intellectual Property
Article 6 – Third Party Websites
Article 7 – Applicable law and relevant jurisdiction
These Conditions Générales d’Utilisation (Terms & Conditions of Use) (hereinafter referred to as “T&CU”) are intended to define the terms and conditions of access to and use of the website indigostg.brainsonic.com (hereinafter referred to as “the Site”).
By accessing and using the Site and its content, the website user (hereinafter referred to as “the User”) accepts and agrees to abide by these T&CU. Use of the Site implies full and complete acceptance of these T&CU.
Indigo reserves the right to modify or amend these T&CU at any time. In case of modification, the applicable T&CU will be those in effect at the time of the visit to the Site. The User is also advised to consult the T&CU regularly in order to keep abreast of the most recent updates and changes made to them.
Article 1 – Introduction to the Site
The Site is an informational site which presents various services provided by Indigo and by its intermediary partners including, but not limited to: car park subscriptions, parking space reservations, electric vehicle charging etc.
Article 2 – Conditions of Site access – Caveat
Access to the Site and its various sections is open to all internet users. For optimal use of the Site, it is recommended that the User access it via a broadband internet connection. The User agrees to abide by these rules of use of the Site and, where necessary, the relevant Terms & Conditions of Sales applicable to services offered on the Site by Indigo, in addition to all applicable laws and regulations in force.
The User shall refrain from any fraudulent, abusive or excessive use of the site and/or the information and data provided therein. While respecting the stipulations of Article 5 (Intellectual Property), Indigo formally opposes the use of any of the information appearing on this Site, notably information in reference to the car parks, their features, contact details, and applicable tariffs, by a User or any third party, in order to provide the public with a directory or call forwarding service via an intermediary premium-rate number.
Indigo does not have any agreements with companies that publish information from websites offering this type of service, and warns its customers and visitors against the unfair practices of these third parties, and the complete absence of any type of guarantee on the part of Indigo regarding any information published by these third parties concerning Indigo’s car parks.
Article 3 – Liability – Limitations
Indigo does not guarantee that the Site will be free from defects, errors or bugs, nor that any defects, errors or bugs will be corrected, nor that the Site will function without any discontinuity, failure or interruptions, nor that it will be compatible with the particular hardware or configuration of the Customer. Indigo is in no way responsible for failures due to third party software. Indigo will not be held liable for any damages, foreseeable or unforeseeable, tangible or intangible (including loss of profits or opportunities) arising from the use of, or total or partial inability to use, the Site.
The User acknowledges being fully aware of the lack of reliability of the internet, particularly the lack of guaranteed access, the absence of security with respect to the transmission of data, and the lack of guarantee of performance with respect to the transmission of data. Indigo is bound only by a simple best-effort obligation concerning the information that it makes available to Users accessing the Site. Indigo cannot guarantee the correctness, accuracy or completeness of the information available on the Site. Consequently, although Indigo makes every effort to ensure the reliability of the information on the Site, Indigo will not be responsible for:
– any ambiguities, inaccuracies or omissions in the information available on the Site
– any damages, direct and/or indirect, foreseeable or unforeseeable, regardless of cause, origin, nature or consequence, caused as a result of anybody accessing the Site, or as a result of anybody being partially or totally unable to access the Site, or owing to any amount of reliability attributed to any information coming either directly or indirectly from the Site.
Accordingly, the User acknowledges that the use of this information is their sole and exclusive responsibility.
The Site is normally accessible 24 hours a day, 7 days a week. In situations including, but not limited to, a case of force majeure, computer or hardware problems, problems relating to the telecommunications network structure, or for maintenance purposes, partial or complete access to the Site may be suspended or withdrawn by a simple decision on the part of Indigo.
Article 4 – Personally Identifying (Nominative) Data
The information that the User communicates with the Site allows Indigo to respond for information request and to respond by email. Navigation of the Site may result in the installation of cookies on your computer. The aim of cookies is to make visits to the Site easier and simpler. The cookie’s goal is to take note of the User’s passage on the Site, and to allow the User to access the purchase area of the Site. Cookies are used by Indigo only in order to improve the personalised service it provides to its Users. The User can refuse the installation of cookies on their computer, but such a refusal can impede access to certain services on the Site. In order to do this, the User should refuse the installation of cookies on his computer.
In accordance with the French equivalent of the Data Protection Act (la loi “informatique et libertés”) of 6th January 1978, in its latest applicable version, the User has the right to access, modify, update or delete any information concerning them, and may exercise this right by emailing: service.clients@parkindigo.com or by calling: AZUR 0 810 26 3000 (calls charged at local rates).
Article 5 – Intellectual Property
The Site is a piece of intellectual work, and as such is protected by intellectual property laws. The Site as a whole and each of its components (such as text, databases, tree structures, software, animations, images, photographs, illustrations, diagrams, logos, sounds, music) are the exclusive property of Indigo and/or companies within the Indigo Group who are authorised to enforce the relevant intellectual property rights, as well as the specific rights of the database producer.
Consequently, under the provisions of the Code de la Propriété Intellectuelle (Intellectual Property Code) and international conventions, it is forbidden to represent, reproduce, modify, publish, change or use all or part of the Site or any of the Site’s elements, regardless of format or medium, for any purpose other than your personal and private non-commercial use, without prior written consent from Indigo.
Any persons violating these provisions will be subject to the penalties of the Code de la Propriété Intellectuelle (Intellectual Property Code) and the Penal Code with respect to copyright and trademark law, as well as those penalties set out in the Civil Code concerning civil responsibility.
The brands, logos and domain names (such as Indigo, parkindigo.com, etc.) which appear on the Site are the exclusive property of Indigo and/or companies within the Indigo Group. Any manner of reproduction or use of these brands or domain names for any purposes whatsoever is forbidden. Hypertext links to the Site may only be created with Indigo’s prior written consent, which may be revoked at any time without compensation.
Article 6 – Third Party Websites
The Site may include links to other sites or other internet sources. Insofar as Indigo does not have control over these sites and external sources, Indigo can not be held responsible for their content, and declines all responsibility for any content, advertising, products, services or any other material available on or from these sites or external sources. These links are provided with the sole aim of facilitating the User’s search for information.
Article 7 – Applicable law and relevant jurisdiction
These T&CU are subject to French law. Any dispute in the formation, interpretation and/or enforcement of these T&CU should be, first and foremost, and to the greatest extent possible, settled through friendly negotiations. Failing an amicable resolution in the month following the notification of the dispute by either Party to the other, they must submit the dispute to the discretion of the French courts.