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General terms of use for Les Fontaine mobile application

These general terms of use (hereinafter referred to as “TOU”) aim to set out the rules for the use of the mobile application “Les Fontaines” (hereinafter referred to as the “Application”) published by the company Capgemini Gouvieux S.A.S. for its website Capgemini Campus Les Fontaines (hereinafter referred to as “Les Fontaines”) applicable to anyone who has downloaded the Application or is using the Application or one of the Services provided on the Application (hereinafter referred to as “You” or “User”).

By installing the Application on your device and/or by accessing the Application, You accept unconditionally and without restriction the entire TOU detailed hereafter. If You do not accept these TOU, You are not authorized to access the Application.

Any visit and/or use of the Application must be done in accordance with these TOU.

 

Article 1. APPLICATION PURPOSE

 

The Application purpose is to give You access to news and information on the services offered by Les Fontaines (hereinafter referred to as the “Services”).

Several Services could be offered to the User, and in particular:

  • The geolocation
  • The list of activities of Les Fontaines Campus
  • The train schedule for Chantilly-Gouvieux train station
  • The local weather

This list is non-exhaustive and could be modified at any time by Les Fontaines without being held liable in this regard.

 

Article 2. APPLICATION ACCES

In order to access and use the Application, You must have a compatible phone or mobile device and an active internet connection.

The Application is downloadable from the « Apple Store » and « Google Play Store » on the following mobile devices:

  • Apple® iPhone® mobile device running on the operating system iOS under iOS 8 or iOS 9
  • Mobile device running on the operating system Android® OS 4.4 up to OS 4.4

 

The application is freely provided to the Users excluding connection and internet access charge and possible extra charge for the loading of data.

 

The Application maybe subject to a regular update at the discretion of Les Fontaines to modify the features and/or the Services without being held liable in this regard.

 

Taking into consideration these updates and the possible technical, legal and regulatory evolution, to which Les Fontaines has no control, any Application downloaded by a User as a limited period of validity.

 

Article 3. GEOLOCATION

The use of the Application’s geolocation feature requires the express prior consent of the User to be geolocated. For this purpose, the User must activate, if desired, the geolocation feature directly in the settings of its mobile device and accept that the Application can use it. This can, at any time and without charge, be disabled or enabled.

The acceptance of the mobile phone’s GPS geolocation feature allows the User to:

  • Be guided in Les Fontaines Campus
  • Be informed of the services available during its stay
  • Contact the reception
  • Order a taxi
  • Consult the upcoming trains departure from Chantilly-Gouvieux train station
  • Receive practical notifications during its stay

 

Article 4. APPLICATION’S INTELLECTUAL PROPERTY

Les Fontaines is the exclusive owner of all intellectual property rights relating to the Application and its content. The icons have been created by [www.freepik.com] and downloaded on [www.flaticon.com].

 

Without prejudice of the dispositions of article 4, none of the provisions of the TOU shall be construed as an assignment, transfer, sale, concession, license, loan, lease, operating authorization granted directly or indirectly by Les Fontaines in favor of the User on the Application, its content, and/or Services as well as on the intellectual property rights belonging to the Group Capgemini.

 

Article 5. LICENSE

Les Fontaines grants the User a personal right of use of the Application, content and Services, non-exclusive, revocable, non-assignable, non-transferable, worldwide and free only for its own needs in the context of the use of the Application and Services, and for no other purpose.

 

It is strictly forbidden for the User to access and/or use the source code of the Application and/or software components of the Application.

The User does not acquire any intellectual property right on the Application, content and/or Services or any right other than those conferred hereby.

 

The User expressly agrees that use of the Application does not affect in any way the rights of Les Fontaines, and in particular that such use does not constitute an act of infringement, unfair or abusive competition of the content.

 

The User will refrain from using the trademarks which belong to the Group Capgemini, its commercial name, logo, business name, copyrights and any other ownership right, and to refrain from making reference to its codes, designs or specifications in any communication or promotional medium without the previous written consent of Capgemini.

 

The Application provides links to websites which are published and/or administered by third parties. To the extent that no control is exercised over these external resources, the User acknowledge that Les Fontaines take no responsibility regarding the provisions of these resources, and shall not be held liable for their content.

 

The Application may include software modules that are licensed (or sublicensed) to the User, under the MIT license or other open source software licenses which, among other rights, permit the user to use, copy, modify and distribute modules, or portions thereof, and to include a specific copyright notice and a permission notice in all copies or substantial portions of the software. All open source software modules are licensed free of charge. There is no warranty for these modules, to the extent permitted by applicable law. The copyright holders provide these software modules “as is” without warranty of any kind, either expressed or implied, including but not limited to: the warranties of merchantability, fitness for a particular purpose and non-infringement. In no event will the author or copyright holder for the open source software be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, including any special, incidental or consequential damages arising out of the use or inability to use the software modules, even if such holder has been advised of the possibility of such damages.
 

Article 6. OBLIGATIONS OF THE USER

The User expressly undertakes to:

  • Download the application on its equipment solely for personal and non-commercial use;
  • Not reproduce permanently or temporarily the Application, wholly or in part, by any means and in any form;
  • Not use software or processes to copy the content without the prior written consent of Les Fontaines;
  • Not make any adaptation, modification, translation, transcription, adjustment, compilation, decompilation, assembling, disassembling, transcoding, nor applying reverse engineering of all or part of the Application, Services and/or content; 
  • Not export the Application, to merge all or part of the Application with other computer programs; 
  • Make short quotations, analyzes and reproductions for press reviews as well as other uses expressly authorized by law within the limits and conditions laid down by the latter and subject notably, to quoting the name of the authors and the editorial source;
  • Expressly renounce to use software or devices that could disrupt the proper functioning of the Application, or to engage actions that may impose a disproportionate burden on Les Fontaines’ infrastructure;
  • Not extract or reuse, including for private purposes, without Les Fontaines’ prior written consent, a part of the database content and archives constituted by the Application, whether substantial or not;
  • Not set up systems that can hack the Application and/or the content wholly or in part, or likely to violate these TOU;
  • Inform Les Fontaines, as soon as it comes to its knowledge, of an act of piracy and in particular any illegal or non-contractual use of the Application and/or content regardless of the transmission modality;
  • Not sell, lease, sublicense or distribute in any way the Application and/or the content to third parties. 

 

Article 7. DATA PROTECTION

Any personal data that may be collected in connection with the use of the Application will be processed and stored in accordance with French data protection law No. 78-017 “Loi Informatique et Libertés du 6 Janvier 1978”. The refusal to provide certain personal data is likely to deprive You from access to certain Services. In case of disclosure of personal data, You have a have the right to access, modify, rectify or delete any of your personal data by filling the form available on the privacy policy of Les Fontaines website.
 

Article 8. APPLICATION AVAILABILITY

Les Fontaines is committed to use its best efforts to secure access, consultation and use of its Application Services. The Application is available 24 hours a day and 7 days a week except in case of force majeure, as defined by the French jurisprudence and courts, or in case of the occurrence of an event beyond the control of Les Fontaines and subject to any failures and maintenance necessary for the proper functioning of the Application. Maintenance operations can be performed without the Users having been previously warned.

 

Article 9. LIMITATION OF LIABILITY

Access uses of the Application are at the User’s own risk. The Application and software are provided "as is" and "as available" without warranty of any kind.

It is the responsibility of every User to take all appropriate measures to protect their data and/or software stored on their computer and telephone equipment against any harm.

The User acknowledges and accepts the characteristics and limitations of the internet network and, in particular, its functional and technical performance; the problems with the connection and/or access to the internet network and/or websites; the problems relating to the network availability and congestion; the problems associated with the network failure or saturation; the problems relating to the transit time, access to the information posted online, the response time to display, consult, query, or otherwise transfer data; the risks of interruption; the absence of protection of certain data against possible misuse or piracy; the risk of contamination by viruses circulating on the said networks, etc. for which Les Fontaines shall not be held liable .

 

Les Fontaines shall not be held liable:

  • In case of data transmission default, loss, delay or errors which are beyond its control
  • For sending messages and/or data to a false, incorrect or incomplete address
  • If the data did not reach it for any reason, or if the data it received were illegible or impossible to process
  • If the User couldn’t manage to access or use the Application and/or Services for any reason whatsoever
  • If, for any reason, the connection should be interrupted

 

Furthermore, Les Fontaines is not responsible for the services contracted with websites which are administered by third parties through the Application.

 

Moreover, Les Fontaines declines all liability for misuse of the terminal and/or incident related to the use of the terminal when using the Application. Les Fontaines shall in no event be held liable for any damages, of any kind, caused to the Users, their terminals, their computer and telephone equipment and to the data stored on them, neither for the consequences thereof on their personal, professional or commercial activity.
 

Article 10. CHANGE OF TERMS OF USE

The applicable TOU are those in effect on the date of the connection and use of the Application by the User.

Les Fontaines reserves the right to modify, at any time, all or part of the provisions of the TOU without prior notice or information to the Users, in order to adapt them to Services evolution, to technical, legal or jurisprudential evolution or during the implementation of new services.

Potential changes to the TOU by Les Fontaines will be brought to the attention of Users solely by their publication on the Application. They are deemed to be accepted without reservation by any User who accesses the application subsequent to that publication. Les Fontaines consequently invites any User to regularly consult the TOU.

Article 11. CONTACT

Any questions relating to the Application and/or Services has to be sent by postal mail to the following address: Les Fontaines - Service Marketing - 67 route de Chantilly, 60270 Gouvieux.

 

Article 12. APPLICABLE LAW

These TOU are governed by French law, with the exception of the conflict of law provisions. Any dispute concerning the interpretation or execution of these TOU which could not be resolved between the parties, will be subject to the relevant courts under jurisdiction of the Appeal Court of Paris (“Cour d'appel de Paris”)

 

Photo credits © Alexis Narodetsky, Justin Smith, Frédéric Pierron et Capgemini Gouvieux  

 

Done in Paris, on the 2nd September of 2016.

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