GENERAL TERMS OF USE

The use of the Website www.parkego.com edited by PARKEGO implies full acceptance of the following provisions by the normal visitor or any individual wishing to use the services offered on the Website, the latest version to date will apply.

ARTICLE 1 – Legal identification

The www.parkego.com Website is edited by the company PARKEGO (hereinafter referred to as « PARKEGO »), Société par Actions Simplifiée (Simplified Joint Stock Company), registered in the Nice Trade and Companies register under the number 804 962 850, with registered offices at 1, Boulevard Maître Maurice Slama - Immeuble Premium - 06200 Nice, represented by Irfan GHAURI, acting as Chief Executive Officer duly hereto authorized.

ARTICLE 2 – Definitions
Advertisement:

Designates the Space offer suggested by the Lessor and destined to be published on the Website once they are validated by PARKEGO.

Lessee account:

Designates the account from which the Lessee can log in to his dedicated administration interface, containing various follow-up and management tools, as well as a number of other features as described herein the GTU and in the General Terms of Service (http://www.parkego.com/terms.php), made available by PARKEGO for the duration of the Contract

Lessor account:

Designates the account from which the Lessor can log in to a dedicated administration interface, containing various follow-up and management tools, as well as a number of other features as described herein the GTS as well as in the General Tems of Service (http://www.parkego.com/terms.php), and to the documentation provided on the Website, made available by PARKEGO for the duration of the Contract ;

Cookies:

Files recording the User’s computer browsing information in the Website (pages viewed, date and time of visit, etc.)

User data:

Information recorded in the User account, under his full and entire responsibility and displayed on the servers administrated by PARKEGO ;

Personal data:

Data which, in the direction of the IT laws and liberties of January 6th, 1978 (as modified by the decree of November 4th, 1991 and by the law of August 6th, 2004 implementing EC directive 95/46/CE), which directly or indirectly permit the designation or identification of a natural person ;

Space:

Designates the space made available to the Lessee by the Lessor via the Website and meant to receive light vehicles for parking.

Availability schedules:

Days and hours during which the Space is available, communicated by the Lessor in this advertisement and regularly updated

Lessee:

Natural person of legal age, having the legal capacity to contract, meeting the conditions as per the General Terms of Sales and Use, agreeing to rent a parking Space via the Website ;

Lessor:

Designates the natural person, of legal age, having the legal capacity to contract, meeting the conditions as per the General Terms of Sales and Use, and making available a parking Space, whether his own or one that he rents, to the Lessee via the Website ;

Service(s):

Designates the service that PARKEGO commits to provide the Lessor with, in compliance with the conditions of this Agreement, as this service delivery is previously defined on the Website at the time of his subscription;

Website or Platform:

Designates the following Website: www.parkego.com.

User:

Designates the normal visitor or any other natural person registering on the Website.

ARTICLE 3 – User’s consent

These General Terms of Use (herein referred to as « GTU ») are expressly agreed and accepted by the User, who declares and acknowledges having perfect knowledge of them. In any event, the User’s registration on the Website and/or any beginning of the use of the Services offered by the Website subject the User to these GTU. The User is therefrom deemed to accept the integral application of the rules contained hererin, as well as the ones in any document available on the Website, integrated in these GTU by reference and governing its relations with third-parties and PARKEGO. The present GTU are enforceable for the entire duration of the use of the site until new GTU supersede them. The User also acknowledges having viewed the legal notice displayed on the Website prior to using any service offered via this Website.

ARTICLE 4 – Evolutions

PARKEGO reserves the right to revise these GTU, according to the technical progress of the Website or the Service offers, or because of law changes, in its sole discretion. Generally, the use of the Website is ruled by the most recent version of the GTU posted on the Website and available to the User at the time of use. It is the User’s responsibility to read as often as necessary the available GTU for the public part of the Website as well as for the zone made for each registered User (herein referred to as « User »).

ARTICLE 5 – Violation

Any violation of these GTU may authorize PARKEGO, in the future, to refuse to the User the access to the Services offered on the Website, and to close up any account that grants access to one of his sites, without prejudice of compensations that may be claimed from the author of the violation by PARKEGO.

ARTICLE 6 – Services Description
6-1 – Background and general points

The company PARKEGO offers, an innovative solution enabling the owner or the lessee of a parking Space to publish advertisements in order to enter in relation with Lessees wishing to occasionally rent the Spaces made available to them. As such, PARKEGO has implemented a system with:

The details of the Services can be viewed on the Website.

In this regard, PARKEGO does not directly contract with the Lessee on behalf of the Lessor. In such cases, as an attorney of the Lessors, PARKEGO only enables them to post Advertisements in order to rent their available Spaces to potentially interested Lessees who viewed the Advertisements on the Website, does not act neither as an intermediary nor as a real estate agent.

6-2 – Registration – Subscription to the Services

Any User wishing to become Lessee or a Lessor is to register on the Website via the available form in the « Register » tab to become a Lessee and « Offer parking space » to become a Lessor. The registration on the Website gives access to two different interfaces depending on whether the User wants to register as a Lessor or as a Lessee.

Following the User identification process and filling out, in good faith, the registration forms for Lessor or Lessee Account, the User has access to his personalized account after a confirmation e-mail is sent to the address provided. PARKEGO reserves the right to refuse a registration request on the Website from a natural person that does not agree to comply with these GTU or not filling out the registration form in full or in good faith, or not entirely providing all documents required from them.

During the registration, the User certifies being at legal age, and having free consent.

The User commits to fill out, with good faith, all required fields which are his:

6-2-1 – Lessor Account

In addition to the above-listed common items, the Lessor shall provide the following information at the time of his registration:

On the Website, only fields preceded by asterisk are compulsory. PARKEGO is free to refuse the publishing of an Advertisement if the Lessor did not fill in all required fields.

Advertisements shall be published on the Website after the final validation of PARKEGO. The publishing of an Advertisement is confirmed to the Lessor by e-mail at the address given during registration. The Lessor can publish untimited number of Advertisements if he meets the above-mentioned criterion thanks to the forms made available to him on this Account, published after the validation of PARKEGO.

6-2-2 – Lessee Account

In addition to the above-listed common items, the Lessee shall fill in the following fields at the time of his registration:

The Lessee can also freely access his account in order to delete or enter new criterion for the Spaces research, and thus have access to numerous wider range of Advertisements. The Lessee should be in adequacy with the General Terms of Sale specific to him (https://www.parkego.com/lesee_terms-en.php).

6-3 – Accounts applicable rules
6-3-1 – Provision

The Users can access a personal account by activating the connection settings (e-mail address and password they have chosen when registering to the Services), that are valid from the time PARKEGO validates their registration on the Website.

In this respect, after the registration process, the User receives an e-mail with an activation link. It is the responsibility of the User to click on the link in order to confirm his registration to the Services and thus activate his account. Consequently, it is the responsibility of the Users to verify the validity of the address e-mail they communicate in the registration form as this e-mail is an identification element for the Account, and to verify any filter his e-mail address to prevent the e-mails sent by PARKEGO to be categorized as SPAMS. In case of wrong e-mail address, or in case the filter rules are not verified, the User may not be able to access his account without the responsibility falling to PARKEGO.

Each User is responsible of the regular change of his confidential code that he chose when he registered and of making sure that his code comprises letters and digits and is of adequate length.

6-3-2 – Responsibility of the connection settings

Each user shall keep his connection settings confidential (login and password). He is responsible of any use, expressly or not expressly authorized by him. The User is not permitted to assign, lend or transfer his connection settings to any third party to access his account.

In addition, the User commits to:

6-3-3 – Account content

PARKEGO shall not own any proprietary rights on any of the data or information the User submits to the Service when using it (the « User Data »). The User, not PARKEGO, is the sole responsible of the accuracy, the quality, the legality, the reliability, the appropriateness and the intellectual property or image rights for all User Data. 

PARKEGO shall not be held responsible of any deletion, correction, destruction, damage, loss or lack of storage of any User Data that would result in his direct fault and that would not be the consequence of the application of a court ruling or the violation of these GTU by the User.

6-4- User data protection

PARKEGO shall not own any proprietary rights on any of the data or information the User submit to the Service when using the Service. The User, not PARKEGO, is the sole responsible of the accuracy, the quality, the legality, the reliability, the appropriateness and the intellectual property or image rights for all User Data. 

PARKEGO shall not be held responsible of any deletion, correction, destruction, damage, loss or lack of storage of any User Data that will result in his direct fault and that would not be the consequence of the application of a court ruling or the violation of these GTU by the User.

ARTICLE 7 – Equipments

The use and the maintaining of all telephone, IT, printing and other equipment necessary to the access to the site, is the responsibility of the User, who will bear all costs. PARKEGO shall not be held responsible in case of damage of any equipment when using the Website.

ARTICLE 8 – Personal data

8-1 – In compliance with the Law of January 6th, 1978, the collection of personal data and IT treatments that these data may possibly be subject to within the Website have been previously declared to the National Commission for Data Protection and Liberties (Commission Nationale de l'Informatique et des Libertés, CNIL -France) under the number: _1802134 v0_. Any individual can have access to it by writing to the National Commission: CNIL, 21 rue Saint Guillaume, 75340 Paris cedex 07, or by e-mail à decweb@cnil.fr.

8-2 – The creation of an account implies collecting some personal data from the Users. These data can be used by PARKEGO in order to : 1) verify that the Website is correctly displayed from the User’s side, 2) Establish general browsing statistics (origin of the people connecting, frequency of visit, etc…), 3) deal with all or part the proposed service (including advertisements follow-up), 4) follow up the volume, the type and the setting of the traffic using the Website, 5) develop the design and the layout and for other administrative and planning purposes, 6) give the User a quicker and more efficient access to the headings that have his interest and enable him to benefit from offers. The collection of Personal Data may be done via the usage of the « cookies » files saved by the server hosting the Website, on the hard disk of the Visitor in order to facilitate his browsing on the Website or establish general statistic data on the visits on the Website. Although they do not enable a direct identification of the web surfer, the National Commission for Data Protection and Liberties (Commission Nationale de l'Informatique et des Libertés, CNIL -France) considers them as Personal Data. The Users acknowledge and expressly agree that their collected Personal Data may be communicated and/or sold by PARKEGO to any third party partner of his choice. However, any User keeps at registration, the right to refuse such use of his Personal Data. In addition, he will be able to unsubscribe from any e-mailing list, within which his Personal Data would have been included, by clicking on the links provided for that purpose.

8-3 – Each User may refuse the possible logging of these cookies by selecting this option in the toolbar of his browser. If it is his will, he is urged take this action. In this case, the browsing experience, loading web pages, as well as the execution of some applications may be altered.

8-4 – In compliance with the article 39 of the law n°78-17 of January 6th, 1978, on IT, files and freedom, as amended by the law n°2004-801 of August 6th, 2004 (art.5), any User has a right to access, to modify, to amend and delete his information. These rights can be exercised with PARKEGO by sending a mail to PARKEGO, 1, Boulevard Maître Maurice Slama - Immeuble Premium - 06200 Nice, by e-mail : contact@parkego.com or by calling at the number 0972 475 841.

ARTICLE 9 – Intellectual Property
9-1 – Respect of distinctive signs

All distinctive signs (marks, commercial name, domain name…) used for operating the Website, and generally all reproduced items or used on the Website are protected by way of intellectual property. They are the entire and full property of PARKEGO or its partners. It is strictly forbidden to reproduce, represent, use or modify, irrespective of the form of all or part of these Signs, without prior written agreement from PARKEGO. The fact PARKEGO does not initiate any proceeding as soon as aware of these unauthorized use shall not be deemed to constitute acceptance of these use and accepting these use and discretionary non-prosecution.

9-2 – Copyright © - Links owned by PARKEGO

This Website respects copyrights, as well as associated rights, hereinafter termed « copyrights ». All copyrighted work reproduced and communicated on this Website, are reserved for the whole world. Unless authorized to do so, any use of the works other than for individual and private reproduction and consultation is prohibited.

9-2-1 – Reproduction on paper

Reproducing (printing) the pages of this Website on a paper is authorized for strictly personal and non-commercial use.

9-2-2 – Reproduction on electronic supports

Reproducing all or part of this Website on an electronic support is forbidden.

Link creations to www.parkego.com:

The website authorizes the implementation of a hyperlinks linking to its content, provided:

Links inserted on www.parkego.com redirecting to other websites:

This website may contain links, to Websites of third parties, which are not under the control of PARKEGO. PARKEGO shall not be held responsible of the content of other websites that the User may access from the Website. When the User accesses a website other than PARKEGO, he does so at his own risk and PARKEGO shall not be in any way held responsible neither on the accuracy or the reliability of the information, data, opinions, advice or statements on that other website, nor on the quality of any products or services offered on the site. PARKEGO provides these links only for practical purposes, and the presence of these links does not imply in any way that PARKEGO bears or accepts responsibility for the contents or the use of these websites.

9-3 – Limitations

All distinctive Signs and other intellectual property rights on all the content of the Website (including data, texts, images, copyrights, drawings and models) and on the structure of the Website belong to PARKEGO, or have been licensed by their owner to PARKEGO. It is not permitted to use any of the content and the related intellectual property rights unless firstly obtaining written and express consent from PARKEGO. All these rights are expressly reserved.

The User commits to respect the intellectual property rights of PARKEGO in each of PARKEGO’s Service and uphold these rights with third parties.

To this end, the User commits to such matters as:

The User commits to inform PARKEGO, without any delay, of any infringement of PARKEGO’s intellectual property that PARKEGO possibly needs to be aware of. The User acknowledges and agrees that access to the Website and to the Services made available by PARKEGO shall not mean cession or concession of the intellectual property rights (mark and copyrights) and other rights to the benefit of the User.  Thus, it is strictly prohibited to reproduce, distribute, transfer, publish, permit access via a link or a hyperlink, modify, adapt or correct the Website, in any way, without written express authorization from PARKEGO. Failure to meet this clause may result to a copyright, mark or other intellectual property rights violation that may expose the User to punishment and/or penalty.

ARTICLE 10 – Confidentiality

Are considered as being confidential all information, data, document of any nature, communicated by one of the Parties to each other for Contract purposes, be it spoken, in writing or by electronic means, including, without any restriction, any concept, industrial strategy, marketing plan, meeting minutes, memorandum, analysis, miniature model, drawing, prototype, sample, improvement, perfecting, development, methodology, trademark, software, software package, know-how, that these information are or are not copyrightable regarding intellectual and industrial property.  Data that are not specifically designated as being confidential are treated as such when it is possible to reasonably estimate that they may provide any financial or competitive advantage or if disclosed may result to a financial prejudice to one or another of the herein Parties. None of the parties shall be held responsible of illegal actions of Third Parties or any other action independent from their will that may result to violating the confidentiality duty. 

However, the duty of confidentiality does not apply to information:

The preceding notwithstanding, each Party may, in a reasonable way, mention the name of the other Party as well as an objective description of the nature of the services, covered by this Contract, in his reference lists and proposals to the prospective clients and clients, in the communication with his employees, internal management planning documents, annual reports to shareholders, as well as in case of legal, regulatory or accounting that requires so.  The provisions of this article shall remain in full force for five (5) years following the communication of confidential information or the Contract termination howsoever caused. 

ARTICLE 11 – Notifications

All notice and notifications under this Contrat shall be sent to the address provided at the heading of this document which is PARKEGO and to the address provided by the User when he subscribed to the Services, regularly updated when necessary, in compliance with these requirements.  All notifications made in application of these requirements shall validly be carried out and will be considered as received under the following conditions:

ARTICLE 12 – Litigation and Jurisdiction

These GTU are exclusively subject to the French law excluding any other legislation, even for resident Users or nationals from other countries.  The official language of these GTU is French. The usage of any other language is only for information. In the case of interpretation difficulties, the Parties shall refer only to the French texts. 

For litigation arising from the interpretation or the execution of these GTU, the Parties commit themselves to seek an amicable solution. If they fail to find such a solution within thirty (30) days from the date the litigation started, the dispute shall be the exclusive jurisdiction of materially qualified French courts located within PARKEGO’s territorial jurisdiction, shall there be plurality of defendants or guarantee call, even for emergency or interim proceedings, on summary procedure or on application. 

This clause applies, except otherwise provided, and without compromising PARKEGO’s rights to initiate proceedings against any person having prejudiced their rights, before a competent jurisdiction which is qualified without the above-mentioned clause.