PREAMBLE
MyParkeep is a community service application for all motorists, making it easy to park on the roads of major cities and motorway rest areas quickly, cheaply and in an environmentally responsible way.
The main objective is to save time. Thanks to the algorithm developed by AUXIDEV, the MyParkeep application connects users in order to exchange places at the right time for both drivers.
This reduces the carbon footprint of motorists and thus reduces air pollution, but also reduces unnecessary energy wastage, as the MyParkeep application completely eliminates the search time, which lasts on average 30 minutes per day.
The service related to the parking search/proposal is only offered on the application. The partners will be visible on the application and the website.
Users who choose the premium or pro package will have additional access with a login and password to view all the actions carried out via the application, and will be able to obtain reports on their use and the amount of pollution not emitted.
These general conditions of sale apply without reservation and without restriction to all services offered by AUXIDEV, on its application and / or website MyParkeep.
The MyParkeep service is an intermediation service. Its role is to connect users of parking spaces (natural or legal persons).
The site allows registered users to be put in contact with each other to obtain a parking space more quickly.
Such provision is made free of charge or against payment.
The MyParkeep application allows you to offer parking spaces in exchange for GREENS points.
Acceptance of these general terms of service-general terms of use also implies acceptance of the general terms of use (online payment service).
GENERAL TERMS OF SERVICE – GENERAL TERMS OF USE – MyParkeep
1
1. LEGAL IDENTIFICATION :
These general conditions of use and services are proposed by the company AUXIDEV.
Application name : MyParkeep
AUXIDEV’s corporate purpose: “all operations relating to the design, development and marketing of all software”;
Head office 2B rue Edith Cavell, 92400 Courbevoie
SIREN : 948 304 45
Contact email: contact@auxidev.com
Hosting contact details: M Vives/ 01 46 91 01 15 / 2B rue Edith Cavell, 92400 Courbevoie.
AUXIDEV company phone number: ONGOING
2. DEFINITION :
The purpose of the application is to offer an intermediation service between users (natural or legal persons) of parking spaces (in France and throughout the world).
The terms used in these GCU/CGS are defined as follows:
- “Announcement”: proposal for the parking space;
- “Application”: means the mobile application (smartphone and tablet) developed and published by AUXIDEV, available for download on the Appstore or Googlepay platforms, allowing members to locate parking spaces that are about to become available, subject to availability;
- An “eco-responsible act”: offering your parking space to other users at a specific time, and waiting for the other user to show up with his or her vehicle to exchange the parking space;
- Customer”: Member purchasing a Service on the application;
- “Consumer”, as defined in the preliminary article of the Consumer Code: “any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity”;
- “User” can be either “user-offering” or “user-parking”:
- “Offering User” means a natural or legal person who wishes to offer a parking space;
- “Parking user” means a natural or legal person who wishes to take a parking space;
- “Publisher”: the legal or natural person responsible for the publication and content of the application;
- “Member Area”: means the account to be created by each member in accordance with Article 10 of these GTC-GU;
- “GREEN”: points obtained by user-members;
- “Member” means any natural or legal person registered on the MyParkeep application and/or website;
- “Service” means a paid service offered by the application;
- “Seller”: the company AUXIDEV whose details are given above; 3. Pre-contractual information : The User acknowledges that he/she has been informed, prior to signing any contract and purchasing any Product, in a legible and comprehensible manner, of these GTC- GU and of all legal information, in particular information concerning :
- the essential characteristics of the intermediation service ;
- the price of the various services and related costs;
- the date or time by which the Seller undertakes to deliver the service;
- information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
- The name of the Seller, the geographical address of its establishment and, if different, that of its registered office, its telephone number and its e- mail address,
- the terms of payment, delivery and performance of services, as well as the Seller’s arrangements for handling complaints,
- the absence of legal and contractual guarantees given the nature of the services offered;
- the possibility of resorting to conventional mediation in the event of a dispute under the conditions laid down in the Consumer Code 4. Application of the TOS and purpose of the Site This site is published by AUXIDEV. Legal information about the host and publisher of the site is provided in the legal notice of this site. The purpose of this site is to offer an intermediation service between different motorist users. The purpose of these GTC-GU is to define the conditions of access to the application and its use by Users. The Publisher reserves the right to modify the TOS-GU at any time. The new General Terms and Conditions of Service – General Terms and Conditions of Use will be published on the application and will be applicable as soon as they are published. The applicable GSC-GU are those in force on the day of their acceptance. The User of the application is invited to read these GTC-GU carefully, to print them out and/or to save them on a durable medium. Use of the application implies unreserved acceptance of these general terms of service and the general terms of use of the online payment service and use of electronic money.
The general conditions of use of the online payment service are available at the following address
https://play.google.com/intl/fr_fr/about/play-terms/
https://www.apple.com/fr/legal/privacy/data/fr/apple-pay/
In order to accept the general terms and conditions of service and use of the application and/or website, the User must tick the box corresponding to the sentence accepting these GTC-GU.
Checking this box will be deemed to have the same value as a handwritten signature by the User.
The User acknowledges the value of the automatic recording systems of the Editor of the present application as proof and, unless he/she provides proof to the contrary, he/she waives the right to contest them in the event of a dispute.
Acceptance of these GTC-GU assumes that the user has the legal capacity to do so.
If the User is a minor or does not have this legal capacity, he/she declares that he/she has the authorisation of a guardian, curator or his/her legal representative.
5. Intermediary status of the Site
The Editor of the application acts only as an intermediary between the various motorist users.
The latter enter into a service contract with the Publisher, the purpose of which is to provide a technical tool for establishing contact.
The Website Editor is therefore only an intermediary and is not the agent of either of them.
6. Proposal of the parking space via an advertisement
The offering User is offered the possibility to contribute to the content of this application by announcing that his parking space will be available at the time set by him and at a position he has mentioned on the application.
The offering User must provide his location and give his position so that exchanges can be made between the different users.
The Application Editor has a responsibility as a host and must remove any proposal of a manifestly illicit nature, and reported as such.
The Publisher shall not be held responsible, a priori and without notice of such content, for any content that is erroneous or violates the law and/or these TOS-GU.
7. GREENS points
The Editor allows GREEN points to be earned by the user who offers parking spaces. The Greens are obtained as rewards for the eco-responsible action taken.
A user-offerer can accumulate Greens for each place kept and given up. He can obtain a maximum of 4 Greens per day.
The user-offerer can choose to benefit from products and services at low rates or to plant a tree anywhere in the world for 10Greens.
Our partner for tree planting is Reforest’action. Our partners offering advantageous rates:
See the list of our partners here.
If the user’s parking proposals are not in accordance, illegal etc., the publisher reserves the right, at its discretion, not to award GREEN points
8. Duration of the ad
The advertisement ends at the time announced by the offering user when he/she leaves his/her location.
The spaces offered can be offered up to 2 days before the exchange between the different users. Following this exchange, the new User-offerer offers, on the day and at the time available, the parking space in the same continuity.
9. Obligations of the User
The user undertakes to do everything in his power to meet his obligations in an optimal manner by providing a suitable parking space.
The user guarantees that he/she does not contravene any applicable laws, regulations and standards, whether mandatory or not, and that he/she does not infringe the rights of third parties.
10. Member’s area
The User registered on the application (member) has the possibility to access it by logging in with his identifiers (e-mail address defined at the time of registration and password) or by using systems such as third party social network connection buttons.
The user is entirely responsible for protecting the password he/she has chosen. The User is encouraged to use complex passwords. If the User forgets the password, he/she can generate a new one.
This password guarantees the confidentiality of the information contained in the “my account” section and the User is therefore prohibited from transmitting or communicating it to a third party.
Failing this, the Site Editor cannot be held responsible for unauthorised access to a User’s account.
The creation of a personal space is an essential prerequisite for any order or contribution by the User on this Site.
To this end, the User will be asked to provide a certain amount of personal information. The User undertakes to provide accurate information.
The purpose of collecting data is to create a “member account”. This account allows the User to consult his contributions, his orders made on the Site and the subscriptions he holds.
If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the application and its Publisher could not be engaged, as this information has no probative value but only an informative character.
Each User is free to close his account and data directly on the application.
No recovery of its data will then be possible.
The Publisher reserves the exclusive right to delete the account of any User who has contravened these GCS-GU or any account that has been inactive for at least two years.
Such deletion shall not constitute damage to the excluded User who shall not be entitled to claim any compensation as a result.
This exclusion is not exclusive of the possibility, for the Publisher, to undertake legal proceedings against the User, when the facts justify it.
11. Paid service offered by the application
The Services offered by the application to the Customer are those listed in the catalogue published on the application.
The Customer may place an order for these Services and may pay by credit card or bank transfer.
Payments by credit card are made through secure transactions provided by an online payment platform provider.
The Site Editor has no access to any data relating to the Customer’s means of payment. Payment is made directly to the service provider.
The prices listed in the catalogue are in Euros and include all taxes, taking into account the VAT applicable on the day of the order.
The Publisher reserves the right to pass on any change in the VAT rate to the price of the products or services, and to modify its prices at any time.
Nevertheless, the price appearing in the catalogue on the day of the order will be the only one applicable to the Customer.
The user has the possibility to subscribe to a paying option. Unless otherwise stated, a paid option is only subscribed to for one user.
The price of each paying option varies according to the type of option subscribed to and the quality of the User (private individual or professional). Where applicable, the price scale for paying options by user status is announced on the application
The Publisher shall archive the order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article L.221-1 of the French Consumer Code. The computerised registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
12. Payment of Benefits
The “Shopping Cart” will be defined below as the immaterial object grouping together all the Services selected by the Client of the application with a view to a purchase by having clicked on these elements.
In order to proceed with the order, the Client chooses the Service(s) he wishes to order by adding them to his “Basket”, the content of which may be modified at any time.
Once the Customer considers that he has selected and added to his basket all the Services he wishes to purchase, he will be able to validate his order by clicking on the button provided for this purpose.
He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Services ordered, as well as their unit price.
If he wishes to validate his order, the Customer must tick the box relating to the ratification of these GST and click on the validation button. The Customer will then be redirected to a page where he/she must fill in the order form fields. In the latter case, he/she will have to fill in a certain amount of personal data concerning him/her, which is necessary for the proper processing of the order.
All orders placed on the Site must be duly completed and must specify the necessary information. The Customer may make changes, corrections, additions, or cancel the order until it is validated.
Once the Customer has filled in the form, he/she will be invited to make his/her payment using the payment methods listed in the section of these T&Cs relating to payments. After a few moments, the Customer will receive an e-mail confirming the order, reminding him/her of the content of the order and the price.
13. Provision of the Services and termination of the Client
The provision of a Service by the application is immediate, or requires a short moderation period. This delay may not exceed 2 hours.
Furthermore, in accordance with Article L221-28 of the Consumer Code :
“The right of withdrawal may not be exercised for contracts: 1. for the provision of services fully performed before the end of the withdrawal period and if the contract places the consumer under an obligation to pay,
the performance of which has begun with his prior and express agreement and with his acknowledgement of the loss of his right of withdrawal, when the service has been fully performed by the trader”.
If the paid options are withdrawn, this will be a termination, with cancellation of the contract and future settlements only.
In the event that one of the parties (Publisher or Client) fails to fulfil its contractual obligations, the contract may be terminated by the other party by operation of law after sending a letter of formal notice by registered mail with acknowledgement of receipt which has remained without effect. The formal notice shall indicate the default or defaults observed.
In the event of termination, the Customer will no longer be able to use the application.
14. Tariff
The Website Editor is remunerated on the basis of the connection between the various users.
In remuneration of the service of putting in contact provided by the Publisher, the user agrees to pay to the latter a fixed amount payable in one time of 1.99 euros including VAT. The fixed amount is valid at the time of its publication in the catalogue.
Paid options are included in the application’s catalogue.
15. Personal data
The Publisher undertakes to ensure that the User’s Personal Data is collected and processed in accordance with t h e amended Act No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, known as the “Informatique et Libertés” Act, and Regulation (EU) 2016/679 of the Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the Processing of personal data and on the free movement of such data, and any legislation adopted in implementation of this Regulation.
The policy on Personal Data is detailed in the privacy policy available on the website:
www.myparkeep.app/politiquedeconfidentialite
16. Responsibility of the Publisher
The Editor is not responsible for the content of Users’ publications.
The Publisher cannot be held responsible for any damage that may occur to the User’s computer system and/or for the loss of data resulting from the use of the Site by the User.
The Publisher undertakes to constantly update the content of the Site and to provide Users with fair, clear, accurate and up-to-date information.
The Site is in principle accessible at all times, except during technical maintenance and content updating operations.
The Publisher shall not be liable for any damages resulting from the unavailability of the Site or parts thereof.
The Site Editor cannot be held responsible for technical unavailability of the connection, whether this is due to force majeure, maintenance, updating, modification of the Site, intervention by the host, an internal or external strike, a network failure, or a power cut.
The Editor shall not be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. Concerning the purchased Services, the Editor will not be held responsible for any indirect damage due to the present, operating loss, loss of profit, damage or expenses, which could occur.
The choice and purchase of a Service is the sole responsibility of the Client.
The total or partial impossibility of using the Services, in particular due to incompatibility of the equipment, shall not give rise to any compensation, reimbursement or liability on the part of the Seller, except in the case of a proven latent defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract concluded to acquire the Service allows for withdrawal, in accordance with Article L.221-18 et seq. of the French Consumer Code.
The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist.
In any case, the Publisher cannot be held responsible:
- malfunction, unavailability of access, misuse, incorrect configuration of the Customer’s computer, or the use of a browser not frequently used by the Customer;
- the content of advertisements and other external links or sources accessible by Customers from the Site;
- Or any other direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data, etc., which may result from the use of the Site or, on the contrary, from the impossibility of using it.
17. Responsibility of the Publisher for paid offers :
It is agreed that the Publisher acting as a service provider is only bound by an obligation of means under this contract.
The Publisher does not act as a lessor, broker, agent or property insurer. MyParkeep only acts as an intermediation service provider between the various Users.
In any case, the Publisher shall not be held responsible in any way: • The fraudulent behaviour or fault of a User ;
- Users providing incorrect information about the parking space;
- In case of cancellation of the availability of the parking space ;
- Fraudulent use of a parking space (e.g. disabled type when the User is not disabled etc.);
- Non-payment of the parking space by the User ;
- The legal availability of a parking space (e.g. a parking space is actually a private parking space etc.)
- The safety or quality of the parking space;
- No liability for misleading advertising or otherwise;
- Accuracy and timeliness of user announcements;
- The legal capacity of users ;
- In the event of personal injury, material or immaterial damage to persons or property such as accidents, theft or damage, even partial, which may occur on the parking space, particularly during the arrival and departure of the various drivers;
- Any other damage whatsoever which is the fault of the User or third party and in the event of force majeure.
18. Hyperlinks
The Site may include hypertext links to other sites.
The User therefore acknowledges that the Publisher cannot be held responsible for any damage or loss, whether proven or alleged, resulting from or related to the use or the fact of having taken cognizance of the content, advertising, products or services available on these external sites or sources. Likewise, the Editor of this Site shall not be held liable if the User’s visit to one of these sites causes him/her harm.
If, in spite of the Publisher’s efforts, one of the hypertext links present on the Site points to a site or an Internet source whose content does not comply with the requirements of French law, the User undertakes to immediately contact the Site’s publication director, whose contact details are given in the Site’s legal notice, in order to provide him with the address of the pages of the third party site in question.
19. Cookies
The Site may use “Cookies” mainly to
- – to obtain navigation statistics in order t o improve t h e User’s experience, and ;
- – a l l o w access to a member’s account and content that is not accessible without logging in. A “Cookie” may allow the identification of the User of the Site, the personalisation of his consultation of the Site and the acceleration of the display of the Site thanks to the recording of a data file on his computer. The User acknowledges being informed of this practice and authorises the Website Editor to use it. The Publisher undertakes never to communicate the content of these “Cookies
This means that it is not possible to “hand over” the information to third parties, except in the case of a legal requisition.
The User may refuse the registration of “Cookies” or configure his browser to warn him before accepting “Cookies”. To do this, the User must set the parameters of his or her own browser.
20. Access and availability of the Site
The Publisher makes its best efforts to make the Site permanently accessible, subject to maintenance operations of the Site or the servers on which it is hosted. In case of impossibility of access to the Site, due to technical problems or of any nature, the User will not be able to claim any damage or compensation.
The Website Editor is only bound by an obligation of means; he cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break in service, or others.
The User expressly admits using the Site at his/her own risk and under his/her exclusive responsibility.
The Site provides the User with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. The Publisher shall not be held responsible for any damage caused by the use of the Site in any way whatsoever.
21. Site Support
MyParkeep shall provide the Member with standard support and maintenance for the resolution of malfunctions of the Platform application during the entire term of the contract. The Member may contact MyParkeep by telephone at (Pending) in France or by e- mail service.clients@myparkeep.app or by post at the address indicated in the legal notice.
22. Intellectual property rights
All elements of this Site are owned by the Editor or a third party agent, or are used by the Editor on the Site with the permission of their owner.
Any representation, reproduction or adaptation of the logos, textual, pictographic or video content, without this list being limitative, is strictly prohibited and is considered as counterfeiting.
Any User who is guilty of infringement may have his or her access to the site removed without notice or compensation and without this exclusion constituting damage to him or her, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the Editor of this Site or his or her agent.
The trademarks and logos contained in the Site are likely to be registered by the Publisher, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and rebroadcasts incurs the sanctions envisaged in articles L.713-2 and following of the Code of the intellectual property.
23. Notifications and complaints
Any notification or notice concerning these GTC-GU, the legal notice or the personal data charter must be made in writing and sent by registered or certified mail, or by e-mail to the address indicated in the legal notice of the Site, specifying the contact details, name and first name of the notifier, as well as the subject of the notice.
Any claim related to the use of the Site, the Services, the Site’s pages on any social networks or the TOS/GUI, the Legal Notice or the Privacy Policy must be filed within 30 days of the date the claim arose, regardless of any statute or law to the contrary. If such claim is not filed within 30 days, such claim will be forever barred in court.
It is possible that the Website and the Services offered may contain inaccuracies or errors, or information that is not in accordance with the GTC-GU, the legal notice or the personal data charter. Furthermore, it is possible that unauthorised modifications are made by third parties on the Website or on related Services (social networks, etc.).
In such a situation, the User has the possibility to contact the Website Editor by post or by e-mail at the addresses indicated in the legal notice of the Website, with if possible a description of the error and the location (URL), as well as sufficient information to contact him.
24. Independence of clauses
If one or more provisions of the GTC-GU are or become invalid, illegal or unenforceable in any way, the validitý, legalitý or enforcement of the remaining provisions of the GTC-GU shall not be affected in any way
or reached.
The GCS-GU replace all previous or contemporary written or oral agreements. They are not assignable, transferable or sub-licensable by the User himself.
The parties agree that all correspondence relating to these GCS-GU shall be written in the French language.
25. Applicable law and mediation
These GTC-GU are governed by and subject to French law.
In the absence of amicable resolution, all disputes relating to this contract will be referred to the competent courts.
Consumer mediation
According to Article L.612-1 of the Consumer Code, it is recalled that “any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and a
professional. To this end, the trader shall guarantee the consumer effective recourse to a consumer mediation mechanism”.
In this respect, the Publisher proposes to its Consumer Customers, in the event of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows
In accordance with the provisions of Title I of Book VI of the French Consumer Code, the Publisher has appointed the CMAP (Centre de Médiation et d’Arbitrage de Paris, 39 avenue Franklin D. Roosevelt, 75008 Paris) as a consumer mediator.
The CMAP may be contacted by the consumer with a request for mediation via the online form, accessible on the website www.cmap.fr; Consumer page, after having made written representations to the Publisher and if these have not been successful.
It is recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.