Yespark.fr is published by Yespark SAS with a capital of 1308€ registered with the Paris Trade and Companies Registry on number 801 558 495. Its registered office is located at 10 rue de Penthièvre, 75008 Paris.
Its publication director is Mr. Thibaut Chary.
Hosting of the site
Yespark.fr is hosted by the company Heroku Inc., 650 7th Street, San Francisco, CA. The storage of users' personal documents is exclusively carried out on the data centres (« clusters ») located in European Union Member States of Amazon Inc, whose registered office is located at 10 Terry Avenue North, Seattle, WA.
If you have any questions, you can contact us at [email protected]
Information Technology and Liberties
In accordance with Deliberation No. 2006-138 of 9 May 2006 deciding on the exemption from the declaration of processing operations constituted for information or external communication purposes (Exemption from No. 7) registered in the Official Journal n°128 of 3 June 2006, Yespark has taken note of the regulations relating to this exemption and complies with it. The recorded information is reserved for Yespark's use only and cannot be communicated to third parties. In accordance with articles 39 and following of law n°78-17 of 6 January 1978 relating to data processing, files and freedoms, any person can obtain communication and, if necessary, rectification or deletion of information concerning it, by contacting Yespark. For more information on the French Data Protection Act, you can consult the CNIL website.
The site, texts, images, photographs, logos, graphics, downloadable files and more generally all objects contained on the site are the exclusive property of Yespark and the authors mentioned. This site and its components constitute works protected by French law and the international conventions relating to copyright and intellectual property. Reproduction of the site or its individual components is prohibited without permission.
All the information accessible via this site is provided as it stands and is offered subject to errors and omissions. The information contained in the site may include the object of modification or deletion at any time and without notice.
Privacy and Confidentiality Policy
Version dated December 21, 2018
1. Preamble and scope of application
YESPARK SAS is committed to protecting the confidentiality of your personal information and attaches great importance to protecting the privacy of users of its services.
3. Person in charge of processing Personal Data
The processing of Personal Data of Users registered on the Yespark.fr website is subject to French law, in particular to amended Act No. 78-17 of 6 January 1978 on data processing, data files and individual liberties (known as the Data Protection Act), as amended, as well as to the General Data Protection Regulations (RGPD)
The "controller", as defined by the said Law, of the Personal Data of Users of the Yespark.fr website is: Société YESPARK SAS - RCS Paris under number 801 558 495 - 10 rue de Penthièvre, 75008 Paris - France.
In this capacity, we undertake, in the course of our activities, to comply with the provisions of the applicable laws and to process your Personal Data lawfully, fairly and transparently. In particular, to process data for specified, explicit and legitimate purposes, without further processing incompatible with those purposes, for a period of time which does not exceed the period necessary for the purposes for which they are collected and processed.
4. Personal Data collected and processed via the Yespark.fr website
We collect Personal Data from Internet users who wish to: learn more about our activities (via the various contact forms), receive our news, subscribe to a parking space available on the Yespark.fr Site or Yespark Mobile Applications (registration and order forms).
Access to and use of the Site and Yespark Mobile Applications involves the collection and processing of your Personal Data, including, but not limited to, surname, first name, telephone number, payment details, e-mail and postal addresses, license plate, etc. Some information is mandatory (followed by an asterisk) and others are optional as indicated in the forms.
5. Conditions of use of Personal Dataa) Purposes of the collection and processing of your Personal Data
Users' Personal Data is collected and processed according to defined and precise purposes, such as: (i) Provide and manage our services; (ii) Contact the User when necessary; (iii) Improve the quality of our services, i.e. answer your questions and keep you informed of our news; (iv) Combat online fraud; and (v) Resolve any potential disputes or resolve any problems in the use of our services.
The legal bases are diverse:
When the processing is necessary for the performance of the services (contact with the Client, invoicing, monitoring of the contractual relationship, resolution of a dispute, prospecting in connection with the service...) the legal basis is the contract, materialized by the general conditions you have accepted.
When you send an email to the contact page, the legal basis for processing your data is our legitimate interest in responding to you. The same legal basis is used when the purpose is to combat online fraud.
Finally, when we process your data for the purpose of sending newsletters, the legal basis is your consent.
b) Period of retention of your Personal Data
We undertake to keep your Personal Data only for as long as strictly necessary for the processing operation(s) declared for the purposes mentioned above, and in any event within the limits imposed by law. Also, depending on the type of Personal Data, the storage period may vary from a few days to several years.
In any event, we undertake to delete your Personal Data from our databases at the end of these different periods.
However, we may retain certain information for a period after the closure of your personal account in order to comply with our legal, accounting and tax obligations and, in particular, to prevent possible illegal behaviour after the deletion of your personal account (reuse of your old account by a third party). In this case, your data will be deactivated and will no longer be accessible online.
- - Purpose of setting up services, invoicing, customer relations and prospecting for an equivalent service: your data are kept for five (5) years from the end of the contractual relationship.
- - Data only necessary for prospecting purposes are kept for three years from the last contact we have with you. The deadline is renewed with each new contact we have with you if this contact is requested by you.
- - "Contact" purpose: your e-mail address transmitted when you ask us a question is deleted as soon as we have sent you an answer, as long as this address is not used for any other purpose.
- - Purpose "Transmission of the newsletter": your data are deleted on the day you inform us that you no longer wish to receive the newsletter.
6. Sharing information with third parties
a) Communication to the owner of a parking space
For security reasons, we may share your Personal Data with the owner of any parking space for which you have subscribed. This information and Personal Data are used exclusively for the proper performance of our services and may under no circumstances be sold to third parties without your express prior consent.
Third parties undertake not to use your data for any purpose other than the proper performance of the services.
b) Communication for legal and legal reasons
In addition, your information and Personal Data may be disclosed to a third party if YESPARK SAS is required to do so by law, a regulatory provision, or a court order, or if such disclosure is necessary for the purposes of an investigation, injunction or judicial proceedings, within the national territory or abroad.
c) Communication to subcontractors
Your data may be communicated to our subcontractors who are involved in the processing operations specified above.
Thus, the data is hosted under contract by Heroku, Inc. whose servers are based in the United States of America.
Our subcontractors may not use your data for purposes other than those we have indicated to you. They guarantee compliance with the regulations on personal data.
7. Personal Data Security
We implement all necessary security measures to protect your Personal Data from unauthorized access, disclosure, modification, damage or destruction of the data we hold.
To this end, YESPARK SAS and its technical and hosting service providers have deployed appropriate measures to ensure the integrity, confidentiality and security of your Personal Data (including, for example, through compliance with ISO standards for some of them) according to an obligation of means. However, we cannot fully ensure that your communications and other Personal Data will not be intercepted or disclosed by a third party.
Finally, we inform you that your Personal Data is stored on servers located in the European Union.
8. Respect for the rights of Users of the Yespark.fr website
At any time you can:
- - request access to your data;
- - request the rectification of your data;
- - request the deletion of your data to the extent that it is no longer necessary for the purpose for which we may have needed to process it;
- - request the limitation of the processing of your data, which implies that in some cases you may ask us to temporarily suspend the processing of the data or to keep it beyond the time necessary if you need it;
- - provide us with instructions regarding the retention, erasure or disclosure of your personal data after your death.
When the data processing is based on your consent, you have the right to withdraw it at any time.
For processing operations based on your consent or the execution of the contract, you will also have the right to request the portability of your personal data. This means that you will have the right to receive the personal data you have provided to us in a structured, commonly used and machine-readable format, in order to be able to transmit them to a third party, or to ask us to transmit them directly to that third party. This third party must verify that it has the right to process all the data you ask us to provide.
You can exercise these rights at any time according to two methods of your choice:
- - By post to the address mentioned in section 3 above,
- - By e-mail to: [email protected]
If you exercise these rights, we will endeavour to respond to your requests as soon as possible.
A "cookie" (or "tracer") is a cookie that refers to a text file that may be stored in a dedicated area on your device's hard drive (computer, tablet, or smartphone) when you access a service that is accessible online. A cookie allows its issuer to identify the device in which it is stored, during the validity or registration of the cookie. The cookie therefore does not identify you as such; it is used to record your browsing information on the Yespark.fr website.
When you visit the Yespark.fr website, information relating to your browsing may be stored in "Cookies" files installed on your device, subject to the choices you have made regarding cookies, which you can modify at any time. These cookies allow the User to navigate in a personalised way and are also used for analytical purposes (audience measurement).
The Site only installs the type of cookies indicated below on the User's computer or mobile device:
Required cookies: These cookies are essential to provide you with the Services available on the Site and the Mobile Applications and to use some of its features, including to access certain secure areas (Personal Account). Without these cookies, tools necessary to meet the needs of the service (creation and access to Customer Account, registration of bank details) could not be provided.
Functionality cookies: These cookies have different purposes related to the presentation, performance and functionality of the Site and Mobile Applications. However, their general purpose is to improve the User experience and the usability of the Site.
Analysis cookies: The information collected is aggregated information that does not identify individual visitors. This information includes, for example, the number of visitors to the Site and Mobile Applications, the sites that directed them to the Site and Mobile Applications, and the pages they viewed on the Site and Mobile Applications. The Company uses this information to ensure that the Site is operating properly and to monitor the level of activity on the Site.
You will be informed of the existence of cookies and their purpose(s) as soon as you connect to the Yespark.fr website, by the presence of an information banner placed at the bottom or top of the home page.
General Terms and Conditions of Use
Version updated to March 20, 2019
Article 1 - Identification
The These General Terms and Conditions of Use and Sale (hereinafter''CG'') are offered by Yespark (hereinafter the "Company"), a SAS with a capital of 1,308 euros, whose registered office is located at 10 rue de Penthièvre, 75008 Paris and is registered in the Paris Trade and Companies Register under number 801 558 495.
La company is the owner and publisher of the site www.yespark.fr (hereinafter the "Site") and the Yespark application (hereinafter "Application ") that it has developed and owned by it.
Article 2 - Definitions
In herein, the terms below have the meaning given to them is given here :
Application : refers to both the website and the Yespark application on which the Service is accessible.
CG : the present general conditions of use and sale of the Application applicable to the Users of the Application.
Client : any User who has paid to access a car park.
>Content : elements inserted by Users on the Application. Each User remains the owner and responsible for the Content he/she inserts.
Location refers to a space within a referenced car park by Yespark that Users can use to park their vehicle and referenced by Partners
Parking refers to a parking lot to which the User has access in the context of its use of the Yesparkservice
Partner refers to a company or organization that owns or manages one or more several car parks referenced by Yespark
Service refers to all services whose marketing is proposed to the Client by Yespark on the Site and the Application for parking of light vehicles and motorised two-wheelers.
User refers to a natural or legal person who has validated his registration on the Site or the Application and/or having regularized a sublease agreement with Yespark and[or] having regularized a rental contract with a Partner through Yespark.
Article 3 - Object
The The purpose of these GTCs is to define the conditions for registration and use of the Site and the Application in order to be able to benefit from the Services offered by Yespark.
La Company offers through its Site and its Application different Service offers to legal or natural persons concerning the parking in car parks. The Company has only one role as an intermediary between Partners and Customers in the setting at the disposal of the Locations. The Company is not then party to the Agreement concluded between the Partner and the Client.
The Terms and Conditions must be respected by any User registering on the Site or the Application. They must be accepted at the time of subscribing to a subscription. Any account creation and any connection to the Site implies full and complete acceptance of these GTC. The Client expressly waives any claim to its own purchase conditions or other conditions, by accepting these Conditions.
The Terms and Conditions applicable to a Client are those in force on the day of payment of the Client.
La The Company reserves the right to modify these GTC at any time. time. The new GTC must be accepted by the User if he wants to be able to continue using his account. For the Customers, on the other hand, the applicable GTCs for their current subscription remain those in force on the day of the Client's first payment, unless the Client agrees otherwise in order for the new GTCs to be applicable to him right away.
A Note : For some parking lots, these Conditions are supplemented by a sublease or rental agreement binding the Client and Yespark which will be sent to the Client by email. The Client must return it signed within 48 hours, under penalty of seeing each other suspend access to the car park and then terminate his subscription to the end of the current monthly payment. In the event of a contradiction between the these Conditions and the rental lease, the clauses of the lease of rental prevail.
Article 4 - Definition of Service
La subscription to the Service grants the User an authorization to access a given Parking and Location, for the purpose of to park a vehicle.
Article 5 - Access to the Site and Application
Access to the Site and the Application requires the User to have Internet access and at least a smartphone. All of them the costs necessary for the equipment, the connection to Internet are the sole responsibility of the User.
Before any use of the Site and the Application, the Customer must ensure that it has the technical and computer resources allowing it to use the Site and the Application, and that its browser allows secure access to the Site. The Client must also ensure that the computer configuration of its material/equipment is in good condition and contains no viruses.
The User declares that it is aware of the characteristics and limitations described below :
Because data transmissions over the Internet only benefit of relative technical reliability and that no one can guarantee the proper functioning of the Internet ;>
Because the Company has taken significant measures to secure access to the Site and the Application according to an obligation to but that data circulating on the Internet can do the object of misappropriation, and that thus the communication of words passwords, confidential codes, and more generally, any sensitive information is provided by the User at his own risk ;>
What is the Internet is an open network and that the information transmitted by this are not protected against the risk of diversion, fraudulent, malicious or unauthorized intrusion into the User information system, hacking, unauthorized alteration or extraction of data, data, information or modifications, malicious alterations of programs or files or contamination by computer viruses. That it belongs to therefore the User to take all measures appropriate in order to protect its own data and/or software stored on its servers from contamination by viruses as attempts to intrude into his system by third parties via the access service.
In consequence of the above, and with full knowledge of the characteristics of the Internet, the User waives the right to engage the liability of the Company for one or more of the facts or events mentioned above.
The Application runs on iOS, Android or any other operating system for Smartphone up to date.
The User acknowledges that it has been sufficiently informed about the conditions required to access the Site and the Application.
Article 6 - Registration
6.1. Obligation of information
The User acknowledges that it has verified that the Service meets its needs and to have received all the information and advice that was available to him necessary to register in full knowledge of the facts.
6.2. Registration conditions
Finish to be able to create an account, the User must be able to to contract (adult, capable). He acknowledges that he is registered in his name and on his personal account. Each User may not hold only one account.
The User certifies that the information concerning him/her is accurate. In case of of incorrect information, the User will have to modify them. He must In addition, update them as soon as necessary.
The opening of an account on the Site where the Application is made, free of charge, by the User.
The information requested are mandatory and allow the Company to and Partners to have all the information on the identity of the Client when a Location is assigned to it.
The account can only be used by the Registered User. Access to the account is by means of identifiers and words of passes that are strictly personal and confidential. The User undertakes to keep them secret and not to disclose them. If you the Registered User is a legal entity, the latter will be required to maintain a list of persons with access to the account. The legal entity is committed to ensuring that these GTCs are respected by all person to whom access to the account is authorized.
In in the event of loss or theft of the username or password the User must notify the Company without delay to [email protected], or by letter addressed to: Yespark, 10 rue de Penthièvre, 75008 Paris.
Access to the Service is charged.
6.4. Service Enrolment
For subscribe to the Service, the User must indicate his first name, surname, telephone number and license plate of the vehicle concerned.
Finish to validate his registration to the Service, the Customer must certify that his vehicle is validly insured by an automobile insurance policy mandatory subscribed with a company known to be solvent during the entire period of use of the Service.
The Customer is required to register a valid credit card.
The Client certifies the veracity of the information provided during the registration and subscription and Yespark reserves the right to verify their accuracy. In case of insufficient information or guarantee on their veracity, Yespark reserves the right to delete the Client Account under the conditions indicated below.
The User also undertakes to inform Yespark of any changes in the information provided at registration and subscription.
Yespark reserves the right to refuse any registration that does not meet the following criteria not to the obligations of this article.
Finish to subscribe to a Service offer, the User must:
Dispose a valid User Account, i. e. filled in with all the information necessary for registration>
Choose the Parking(s) covered by the subscription>
Fill in his credit card information and authorize the withdrawal of the amount of the subscribed offer and any cancellation fees, overruns or other charges as set out herein Conditions.
If you the User has registered a fake or opposite credit card, or if his credit card expires in less than 10 days after the date at the beginning of the subscription, the Subscription cannot be accepted.
The rates of Service offers are specified on the Application or the Site. The validation of a subscription implies the acceptance of rates presented. A User who benefits from an offer will only be able to use it for a subscription. If he would terminate his subscription and then subscribe a second one to benefit a second time from the offer, Yespark will be in right not to apply the promotion to him/her.
>6.5. Duration of an account
Registration on the Site where the Application is valid for a period of time indefinite, the User may request the closure of his counts when he wants. The Parties are bound by the present as from the day of acceptance of the GTC by the User.
6.6. Duration of an authorization
Authorization granted by the subscription to the Service is valid for a period of one (1) month tacitly renewable, unless terminated by the from the Client or Yespark no later than seven (7) days before the end of the current month by mail or email.
The User has forty-eight (48) hours to try the parking at As from the date of subscription.
Un The user may benefit from a maximum of two trial periods, in the same parking lot. Beyond these two trial periods, it will be automatically debited.
Sub under certain conditions, and in quite exceptional cases, Yespark may unilaterally decide to extend the User's trial period. This one will then last in all five (5) days. Under no circumstances will Yespark have the possibility of extend the trial period beyond five (5) days. The trial period may only be extended if the User is still on probation. It may under no circumstances be extended if the User has already exceeded the first two trial days.
The User may terminate its subscription at any time by any means under subject to one (1) month's notice.
If the User subscribes to the " Notice " option, the price of the subscription will be less, but the notice period at to be respected to terminate the subscription will be three (3) months to As from the receipt by the Company of the termination letter.
Article 7 - Financial conditions
The rates for the Services published on the Site and the Application are indicated in euros, including VAT. Billing for the Service provided is made in accordance with the rate in effect at the time of the subscription to the Service. Prices include VAT. applicable on the day of subscription subscription. All change in the applicable rate of VAT is automatically reflected in the price of the Services. Payment of the full amount of the price must be realized on the first day of each monthly payment. At no time can the sums paid be considered as as a deposit or down payments.
Yespark reserves the right to change the price of the Services at any time. The price change will then have no impact on the monthly payment in progress but will concern the following monthly payments.
In in the event of non-compliance with the rules for using the service, Yespark will reserves the right to add flat-rate penalties to the price user monthly payments (see below).
If the Client has subscribed as a professional (or is a person moral), any delay in payment leads to the application of a penalty equal to three (3) times the legal interest rate and a flat-rate recovery fee of €40, as well as any additional information on justification.
All the subscriptions subscribed to on the Site and the Application are payable at subscription by credit card only (cards Visa and MasterCard networks are accepted), via the interface secure payment "Stripe" based on the technology of SSL security.
One electronic or mobile invoice will be transmitted to the User for each payment made on the Site or Application.
7.3. Securing payments
The online payment for the Services is made via the secure system payment by remote credit card "Stripe" which is based on on the use of SSL encryption and transfer technology of data. All information collected during the operation of remote payment are immediately encrypted and recorded, 24 hours a day, 7 days a week.
The User is informed that the provisions relating to the possible fraudulent use of his credit card are those resulting from the agreement concluded between the User and the establishment issuer of the said bank card and Yespark is not in no responsible case in case of problems related to the regulations.
All request for information, clarification and possible complaints must be addressed to the Site, under the heading Contact.
In At the limit of the cases listed below, the User having subscribed a subscription will be entitled to request to be offered, without being invoiced, a parking period equivalent to the period being the object of the damage. In the event of unavailability of a Parking space reserved via Yespark (the Sites are not reserved for are not necessarily privatized, but the User must have access to to an available location in the car park he has booked)
In in no event shall the User be entitled to claim a refund of the all or part of a monthly payment after the beginning of the period concerned. Under no circumstances may the User claim reimbursement of incidental expenses incurred by him following his subscription.
All complaint must be made in writing within 15 days after the event that justifies it.
In case cancellation of the subscription before the start of the subscription, the User will not be charged.
The User is likely to be liable for the housing tax in the conditions of articles 1407 et seq. of the General Code of Taxes. In this case, he undertakes to pay the payment of the tax due for the Parking Sites put at its disposal disposition.
Article 8 - User's obligations
8.1. Use of the Site
The User undertakes not to use the Site and the Application to others purposes than those specified in these T&Cs, and by not to use them for commercial purposes.
8.2. Respect for property rights and the Protection of Rights author
Except to the contrary, the elements accessible on the Site and Applications such as databases, texts and more generally all the information made available of the User are the full, entire and exclusive property of of the Company. In particular, the User shall refrain from
From copy or reproduce, decompile, in whole or in part the Site and/or the Application by any means and under any circumstances which form>
Use the Site and/or the Application other than in accordance with the provisions strictly interpreted from these GTC.
The Registration of the User only confers a right of private use personal, non-transferable, non-exclusive and for the entire duration of his registration.
The User who has a personal website and wishes to place, for personal use, on its own website a simple link referring directly to the Site, must request one the authorization to Yespark. Any hypertext link to the Site and using the "framing" or "in-line" or "in-line" technique deep linking" is strictly prohibited. In any case, everything link, even tacitly authorized, must be removed by simple Yespark's request.
8.3. Intervention on the Site
The User commits itself in its written interventions and evaluations to respect the rights of third parties, in particular the rights of the personality, intellectual property rights or industrial. The User guarantees the Company in the event of recourse against him for comments inserted by the User.
If a Client leaves a notice on a Parking lot, this notice must be justified and respectful. The Parking lot will have a right of reply. The notice may be freely deleted by the Company if it contravenes these GTC
The User undertakes, in particular, without this list being able to be considered as restrictive, not to use any content and not to not to disseminate any abusive messages or information, defamatory, racist, xenophobic, revisionist or damaging the honour or reputation of others, encouraging the discrimination, hatred of a person or group of people persons because of their origin or membership or their non-membership of an ethnic group, nation, race or ethnic group religion, advertising, threatening a person or a group of people a group of people, of a pornographic or paedophile nature, inciting to commit a crime, a crime or an act of terrorism or other, infringing the rights of others and the safety of the people and property. The User undertakes not to make any advertisements in its messages or to insert links to other sites.
When the User is aware that such comments appear on the Site or Application, he undertakes to inform the Company at the email address [email protected]
In accordance with in article 6-I, 2 and 3 of law n° 2004-575 of 21 June 2004 for confidence in the digital economy, the Company cannot to be held liable for the content rendered available on the Site by Users.
From the very beginning when the Company is informed that non-compliant comments appear on the Site, the Company will delete them without delay and without notice.
Article 9 - Customer's obligations
9.1. Authorized vehicles
The Service is only for light vehicles and two-wheelers.
The User may not use the Yespark Service with electric vehicles (including hybrid vehicles) or LPG vehicles (liquefied petroleum gas).
The User may only use the Yespark Service with passenger vehicles whose height does not exceed the maximum use height of the Parking and whose dimensions are compatible with the dimensions of the traffic lanes and parking manoeuvring areas, allowing access to the allocated space.
The measurement of the height is the responsibility of the User. The maximum height indicated on the Site and Application is only indicative, and is in no way contractual. Under no circumstances can Yespark be held liable if the height indication is incorrect or absent, or if it is only adapted to a part of the Parking area.
Any damage to the vehicle will be the responsibility of the User. Any damage caused by the vehicle to the Parking lot will be the responsibility of the User.
9.2. Authorization access - access by smartphone
Once a subscriber has subscribed to a car park allowing access by smartphone, the Customer accesses it thanks to the Application, which allows the automatic opening of the door of the car park concerned.
The User subscribing to a car park may enter and exit the car park as many times as desired, as long as Yespark or the Customer has not cancelled the subscription.
The Client accepts that, for security reasons, all door openings associated with his Account may be consulted by Yespark. This data will be kept for an unlimited period of time.
Yespark reserves the right to block a Customer's right of access to the Parking in real time and remotely.
9.3. Access authorization - access by badge
Some car parks are only accessible with a badge or issuer. They are clearly identified as such on the Site and Application.
The deposit will be fully refunded to the Client following the return of the badge (and other means of access necessary for accessibility to the car park) from the Client to Yespark according to the terms specified to the Client following termination. In the event of a delay in returning the badge (and other means of access necessary for accessibility to the car park), Yespark reserves the right to apply penalties to the Customer.
The deposit will be kept in full in case of loss or breakage.
The Subscriber Customer has one (1) business day from the end date of the subscription to return the badge to the address indicated.
9.4. Pedestrian entry and exit
The User undertakes to follow the Yespark signs inside and outside the Parking lot as well as the indications given on the Site and the Application when travelling in the parking lot as a pedestrian.
9.5. Rules for the use of Car parks
>9.5.1. General provisions
This Regulation lays down requirements in the common interest of users of car parks and adjoining buildings. It is the responsibility of the users and all occupants of the building, in any capacity whatsoever, their visitors or employees to comply with the rules of propriety, hygiene, safety and good citizenship mentioned therein.
These requirements apply to the entire building: private areas, common areas, annexes, green spaces, roads and parking areas.
>9.5.2. Representation of the Partner
When acting as an employee of the Partner, owner of the Parking, in charge of ensuring the proper maintenance of the common areas, annexes and surroundings of the building, the security personnel is authorised to represent the owner in order to ensure compliance with the application of these rules. It is mandated to issue all injunctions to call to order in the event of a breach of the regulations. Insults, threats or dangerous acts against him will give rise to legal proceedings (article 433-3 of the Penal Code).
If complaints from the Guardian are reported to Yespark, the Customer's account may be closed for misconduct.
>9.5.3. Traffic and Parking
The Customer shall ensure that he uses the parking space allocated to him individually, to the exclusion of any other. Boxes and garages are strictly reserved for parking passenger vehicles in working order, to the exclusion of any other use.
The following are prohibited:
vehicles running on LPG
Vehicles not belonging to the category "passenger vehicles" subject to a car driving licence
Passenger vehicles whose height does not allow access to the car park and whose dimensions do not allow for unobstructed movement and manoeuvring.
The Partner reserves the right, after formal notice has remained unsuccessful, to have any vehicle removed at the owner's expense, as well as any material or furniture stored on said car parks (and, more generally, in the common areas).
No repair or maintenance operation of any kind whatsoever may be carried out on the service roads, parking areas, common areas of the building.
Vehicles parked in car parks and boxes must be insured. The Partner may not be held liable in the event of material damage or theft.
The User must ensure that the parking door or gate closes properly after passing through it.
To ensure access for emergency vehicles, parking is prohibited in front of residential entrances, building and garage entrances, hydrants, fire hydrants, firefighting access, as well as on sidewalks and lawns.
In the event of danger in the car park, users must comply with the safety rules (use of emergency exits, fire extinguishers, etc.).
Traffic lanes and parking areas are subject to the rules of the Highway Code. The User undertakes to follow the instructions given by road signs and in particular not to use mopeds or motorcycles on corridors and private lanes reserved for pedestrians. It is prohibited to drive in pedestrian walkways with cars, scooters or any other motor vehicle. Cyclists are asked to step ashore to get ashore.
For all vehicles, the traffic speed must not exceed 10 km/hour.
>9.5.4. Halls and common areas
Access to the buildings is strictly restricted:
to tenants and their visitors,
to the personnel of the Partner and its service provider companies
Yespark Service Customers, unless otherwise specified in the building configuration.
Representatives, direct sellers and collectors are not allowed access to the building.
In buildings equipped with elevators, the Customer must strictly comply with the instructions posted in the cabins. In particular, the following are prohibited:
the use of the elevator as a toilet or play equipment,>
use of the elevator for unaccompanied children under 12 years old,>
the transport in the cabin of furniture or bulky objects including bicycles and mopeds,>
access to machinery or the operation of any controls other than those reserved for users.
In accordance with Decree No. 2006-1386 of 15 November 2006, smoking is prohibited in all enclosed and covered areas that accommodate the public or constitute workplaces. Also, this smoking ban applies in building lobbies, stairwells, elevators, car parks...
In order to respect the tranquillity of the buildings, it is requested not to stay for long periods in front of the entrances, or in the halls, corridors and landings of the common areas. Prolonged gatherings and conversations, especially at night, in the common interior areas of the building, parking areas and the building's surroundings are prohibited.
The Client undertakes not to install or connect any individual equipment (electricity, water, etc.) in cellars, car parks and common areas under penalty of criminal prosecution.
Access to service rooms, roofs and terraces of buildings is strictly prohibited.
Common areas, stairs, landings, corridors, cellars and garages must be kept perfectly clean. In particular, in the event of an accident, the tenant or occupant or visitor is asked to clean behind him/her.
Any tolerance or exceptional agreement cannot be considered final and does not modify these regulations.
>9.5.6. Malfunction of the car carrier
The Customer can report any malfunction of the car door to Yespark or the Partner directly.
In the event of an apparent malfunction of the overhead door giving access to the car park, the Customer may check whether or not it is disarmed. Handling is the responsibility of the Customer. Under no circumstances can Yespark be held liable if the Customer damages the door or opening system, or if he is injured during the operation.
>9.5.7. Other provisions
The Client undertakes to comply with the following rules for the use of car parks:
- respect the highway code and not to exceed a speed of 10km/h inside the car parks ;
- drive carefully and not to absorb any substance that could alter your driving;
- respect the car park in which it is parked, as well as other motorists or people who are there ;
- not to cause any nuisance to other persons or to the Parking lot itself, or to cars or other equipment located there ;
- comply with the instructions (safety instructions, code of conduct, internal regulations, etc.) of the Parking lot in which he uses a Parking Space.
- park in the locations planned and indicated by Yespark, without encroaching on a neighbouring square
- park in such a way as not to make it difficult for vehicles occupying other parking spaces to reach and manoeuvre
- park only one vehicle at a time per rented space. Motorised or non-motorised two-wheelers are considered as vehicles ;
- do not interfere with normal circulation ;
- do not store, directly on the Location or in the common areas, any object other than the authorized vehicle ;
- not to store, directly on the Site or inside its vehicle, dangerous, explosive or flammable products or illegal substances
- maintain and clean occupied parking spaces in a good state of maintenance and return them at the end of occupancy in the same state as their initial state, taking into account their normal wear and tear.
The Client generally undertakes to comply with the law.
Under no circumstances may the square, car park or common areas be used as a storage place, delivery or depot.
9.6. Flat-rate penalties
In order to guarantee a service that meets Customers' expectations, Yespark reserves the right to set up flat-rate penalties. These penalties are used to finance any management costs related to problems caused by Customers in the event of non-compliance with the rules.
Wrong parking : at the beginning of each subscription, users are assigned a specific place. In the event of non-compliance with this space, a penalty of twenty (20) € per day of unauthorized parking will be added to the Client's current monthly payment.
More vehicles present as well as the number of parking subscriptions : the number of vehicles authorized to park in the same parking lot is defined by the number of subscriptions to which a Customer has subscribed. If a Customer parks more vehicles than he has subscriptions, then a penalty of fifty (50) € will be added to the Customer's current monthly payment.
Plate registration number not indicated on the Yespark application: in order to guarantee safety in car parks, all Yespark Customers' vehicles must first be registered in the Application. If a Customer parks a vehicle in a car park without his plate being filled in, then a penalty of fifty (50) € will be added to the Customer's current monthly payment.
Non-compliance with Terms and Conditions or the Parking Regulations : if a Customer does not comply with the rules laid down or if one or more complaints are lodged against him with Yespark, Yespark may ban him from the Parking lot after having been given the opportunity to respond to the facts for which he is accused. He must leave the car park in question within five (5) calendar days.
9.7. Vehicle removal
In the event of an accident, or the involuntary or voluntary immobilisation of a vehicle, the Customer shall immediately take the necessary measures to store the vehicle in such a way that it does not interfere in any way with normal traffic in the Parking lot.
The Client authorizes Yespark and/or the Partner to move its vehicle or to have it moved, at the Client's expense and risk, in the event that:
it would not be parked on a location planned and indicated by Yespark>
it would be parked on a Site outside accessibility hours without Yespark's prior written consent or outside reserved hours ;>
it would constitute a danger to persons and/or property of others ;>
it would interfere with smooth or safe traffic>
operational or safety requirements would require it.
In these cases, travel expenses are fixed at a flat rate of two hundred and fifty (250) € including tax.
In addition, the Customer undertakes to collect his vehicle from the breakdown service company that will have collected it. It is agreed that the breakdown service company will be entitled to charge the Customer for parking fees after the legal deadline.
It is strictly forbidden to occupy a site that is not made available to you by Yespark. Any illegal squat on a site will be subject to impoundment and termination of contract without notice or refund.
The User is prohibited from renting or subletting a parking space reserved by a Customer via Yespark, or any other use contrary to its intended use (the mere parking of the vehicle on the space).
9.9. Disabled places
Parking lots can be rated by Users and Yespark. The first rating of a car park is assigned by Yespark.
Article 10 - User's responsibility
The non-compliance by the User with the points referred to herein, and in particular any broadcast content likely to generate a civil, professional and/or criminal liability will result in the right for the Company to close the User's account in the conditions specified below in article " Termination "..
The User is responsible for the use of its User Account. Any connection, subscription, data transmission, or opening a door from the latter is deemed to have been so by the User and in its entirety responsibility. In the event of a breach by the User of These General Terms and Conditions, Yespark reserves the right to delete its Account in accordance with this Agreement Conditions.
If one or more complaints concern the Client, the Company refrains from the possibility of closing the Client's account without refund or payment of compensation, after giving him/her the opportunity to respond to complaints.
The Company reserves the right to to initiate legal proceedings against any User.
The User undertakes to indemnify the Company against any conviction that could be pronounced against him, including the costs supported in its defence, due to the User's Content or any infringement of the rights of a third party.
Article 11 - Liability of the Company
La Company will do its best to ensure that the Site and the Application operates reliably and continuously, but does not can guarantee uninterrupted and error-free operation. In particular, the User acknowledges that no one can guarantee the proper functioning of the Internet network.
La The Company undertakes to take all reasonable precautions to that access to the Site and the Application is secured in accordance with an obligation of means.
The User undertakes to inform the Company within 24 hours to As soon as a technical malfunction is discovered preventing it from using the Site and/or the Application.
La Company does not guarantee that the Site and/or the Application will be free of anomalies or errors, nor that they may be corrected.
If you links inserted in the Site or Application refer to other websites, the Company may under no circumstances see its liability for the content of these sites.
The the Company's obligations are best efforts obligations.
La Company cannot be held responsible for any damage indirect and/or unpredictable caused to the User or a third party as a result of the use of the Platform, regardless of is the cause. The Company may not be held liable for for any damage caused by the User directly, a third party or by force majeure.
In No Yespark case guarantees the quality of the car parks. If a malfunction is reported to him, Yespark will do its best to forward the information to the owner. Under no circumstances Yespark is responsible for its correction. If a Client notices a risk imminent, it will have to refer to the appropriate public services, and not in Yespark. Yespark will not contact public services on the database of information provided by telephone subscribers.
Yespark does not under any circumstances ensure the custody or supervision of the car parks, the vehicles parked there and their contents. In addition, Yespark has not no control over the driving of Customers or any of their vehicles people circulating in the car park. Consequently, Yespark does not assume in no event shall liability for damages (including but not limited to theft, damage, etc.) that could be caused to the vehicle of a Customer, its content or a Customer himself to on the occasion of its use of the Yespark Service, and which does not would not be due to Yespark or its employees. The parking takes place under the sole responsibility of the owner of the vehicle, the fees collected being only parking and not security.
Yespark is in no way the manager of the Parking, but simply acts as as an intermediary. Yespark cannot therefore be responsible for any malfunction of the parking door, deterioration of the state of the car park, any disorder etc.
In no Yespark case can be held liable if the User cannot access his parking space, especially if it is occupied by another vehicle.
Article 12 - Suspension - Termination - End of contract
La Company may suspend the account for any delay in payment or non-compliance with these GTC, after formal notice by the User by email remained without effect for a period of three (3) days.
The User may request the Company to delete its account, as may the Company may terminate its service or decide for one of the above-mentioned reasons to suspend the User's account at at any time without compensation or damages.
The conditions of termination without fault for a Customer are specified in the article " Duration ".
Un subscription may also be terminated for fault of the Client or the Company after formal notice by mail or email remains without effect for a period of fifteen (15) days. If the subscription is terminated by the Client for the Company's fault, the subscription will be reimbursed on pro rata temporis, corresponding to the duration of the subscription remaining to run at From the day of termination. If the subscription is cancelled by the Company for the Client's fault, no refund will be made carried out for the benefit of the Client.
The Parties may have recourse to the judge to claim damages and interests.
Au termination of the Contract, for any reason whatsoever
Yespark will request the removal of the vehicle(s) parked by the Concerned customer in car parks>
si they have not been removed within two (2) days after the deletion of the User Account, Yespark reserves the right to the right to have them removed by the police.
Article 13 - Transfer
The User expressly refrains from assigning, whether for a consideration or free of charge, all or part of the rights and obligations it holds as a result of this Agreement.
Article 14 - Protection of personal data
14.1 Data processing
In accordance with the provisions of Act No. 2004-801 of 6 August 2004 amending the law n°78-17 of 6 January 1978 known as "Law Information Technology and Liberties", the personal information that is requested from the User are necessary for the proper functioning of the Application and the performance of this contract. They are only used for the proper performance of the Contract and for prospecting on these services. The legal basis is therefore this contract.
They may be forwarded to the Company's administrative services, to the managers of the car parks where the User makes a reservation, to IT service providers or others subcontractors and court officers in the event of litigation.
The data that must be transmitted are: name, address, telephone, e-mail, license plate.
Each computer connected to the Internet network has an IP address. As soon as a User browses the Site, the Company collects the IP address in order to analyze traffic on the Site and to monitor the User's activity on the Site in order to ensure that the latter does not carry out acts likely to damage the Site. The IP address is deleted in the forty-eight (48) hours after the connection. The legal basis of this processing is in the general interest of the Company to ensure the security of the Application and the Site.
If the User consents to it, Yespark may use it for the following purposes advertising any comment made about the Service or Parking by a User. In particular, if a User makes a comment by email, Yespark can include it on the website, the applications, or any content of its choice, without authorization of the User. Yespark will refrain from including the name of the User concerned.
The data processing is carried out by the Company. The data are not transferred to a third country.
For for security reasons, all the information provided by the User to Yespark, as well as all related data to his account, in particular his history of access to the car parks will be kept by Yespark for a period of 1 year, including after termination of his subscription, or after deletion of his account User. The data are kept in any case for the duration of the subscription or as long as the the User is open.
The data are deleted when closing the account of the User. Only the data last name, first name and email are kept for three years from the closure of the account by the User or from the last contact with the User, for prospecting purposes.
The User is informed that it may exercise, in accordance with the provisions of Act 78-17 of 6 January 1978 as amended and the General Regulations on Data Protection, and within the limits specified by these texts, its rights of access, limitation, rectification, correction, deletion or portability, deletion and opposition by contacting the Company by phone or e-mail.
All any possible complaint can be submitted to the CNIL.
In accordance with to the CNIL's deliberation n° 2013-378 of 5 December 2013, the Company informs Users that cookies are being stored certain information that is stored in the memory of their hard disk. This information is used to generate statistics of the Site's audience and to offer the User services in accordance with his or her interests. An alert message, under banner shape, asks each person visiting the Site to beforehand, if he wishes to accept cookies. These cookies do not contain no confidential information concerning the Users of the Site.
Article 15 - General
La nullity of one of the clauses of the GTCs in application in particular of a law, regulation or following a decision of a jurisdiction which has become res judicata will not result in not the invalidity of the other clauses of the GTCs which will remain in full force effect and scope between the parties.
No provision hereof shall not be deemed to have been waived, completed or amended by one of the parties without a deed and signed by the authorized officers of the parties in the form of an amendment to these GTC, relating to express decision to exclude the application of a clause contractual, to complete or modify it.
The that the Company does not at any time avail itself of one of the any of the clauses of this Agreement, and/or a breach of this Agreement by the User to any of his obligations cannot be interpreted as a waiver by the Company to subsequently avail itself of one of the any of the said contractual clauses or obligations.
Article 16 - Waiver of the right of withdrawal
In accordance with in articles L.221-18 et seq. of the Consumer Code, the Customer has a legal period of 14 days from payment on the Site or Application to exercise its right to withdrawal from the Company, without having to provide proof of reasons or to pay a penalty. This right of withdrawal is only open only to consumers and non-professionals.
Nevertheless, the reservation of a Site giving immediate access to the latter, the User must expressly waive his right of withdrawal, by checking the box provided for this purpose, as follows is provided for in Article L. 221-28 of the Consumer Code:
" Le right of withdrawal cannot be exercised for contracts:
1°°. Provision of fully performed services before the end of the deadline of withdrawal and whose execution has begun after agreement prior express consent of the consumer and express waiver of his right of withdrawal (...) ".
Article 17 - Agreement of proof
The "click" of the User made in respect of the acceptance of these general conditions, but also for payment constitutes acceptance of the contract.
The computerized records kept in computer systems of the Company, will be kept under reasonable conditions and considered as evidence of communications, orders and payments between the parties.
Archiving orders and invoices is carried out on a reliable and reliable support and that can be produced as evidence and to which the Customer has access to his account (and sending by email).
Article 18 - Applicable law
The These GTC are subject to French law.
Article 19 - Dispute resolution
All dispute arising from the interpretation or execution of these T&Cs, will be subject to an attempt to settle amicable.
Les Parties undertake to attempt conciliation before any recourse to the judge.
Si the User is a consumer or a non-professional
The User may use a conventional mediation procedure or any other alternative dispute resolution mechanism, including by using, free of charge, the consumer ombudsman competent according to the provisions of Title 5 of Book I of the Code of consumption.
The User can, in order to resolve your dispute, access the platform European Online Dispute Resolution Scheme provided for by the EU Regulation No 524/2013 of 21 May 2013 on the Regulation on the line of consumer disputes, particularly cross-border consumer disputes, in following the link http://ec.europa.eu/consumers/odr/.
En in case of failure of this mediation, or if the User does not do not wish to use it, he remains free to submit his dispute to the competent courts.
Si the User is a professional: All appeal shall be within the jurisdiction of the competent court of the jurisdiction of the Court of Appeal of Paris or the jurisdiction of the Court of First Instance of Paris commerce if the User is a merchant.