LEGAL NOTICE AND GENERAL TERMS AND CONDITIONS

Last modification: February 15, 2019

Legal information

The Urban Pulse application is published by: HOMEFRIEND
Headquarters: Tour Franklin – 100 – 101 Terrasse Boieldieu – 92 800 PUTEAUX La Défense 8
Trade and Companies Register: 810 495 101
Share capital: €37,000
Individual ID number (Intracommunity VAT no.): FR89810495101
E-mail: contact@homefriend.com
Telephone: 01 49 24 49 24
Name of the director or co-director of the publication: André CLAVERIE

Name of the hosting service: Online
Online SAS, simplified limited liability company with a capital of €214,410.50, a subsidiary of the Iliad group
Address of the hosting service: Online SAS - BP 438 - 75366 Paris CEDEX 08 - RCS Paris B 433 115 904
Telephone number of the hosting service: 0899 173 788

General Terms and Conditions of Use

Definitions

GTCU: refers to the General Terms and Conditions of Use;

Application: refers to the Urban Pulse mobile application;

User: refers to any unidentified and non-trading individual who uses the Application or one of the services proposed for the Application;

Member: refers to a non-trading individual identified for the Application;

User/Member Content: refers to the data transmitted by a User or Member in the various sections of the Application.

Purpose

The purpose of these GTCU is to define the means by which the Application shall be made available and the terms and conditions governing the use of the Application by a User and/or Member.

Description of the Application, proposed services and accessibility

The Application incorporates geolocated content updated in real time and mainly covering outings, promotions, bargains and transport. This Application can also sometimes be used to access various services (e.g.: bookings, ticket purchases, route calculations, etc.).

The Application is accessible by unidentified Users or previously identified Members using an e-mail address and password. Certain services will be exclusively available to Members.

The Application is accessed and used via a smartphone ("iPhone" or "Android") or tablet and requires an Internet connection and web browser.

To properly use the services available via the Application, a broadband connection is required and mobile internet (3G at minimum) for mobile option subscriptions. Internet charges remain payable by the User/Member.

Intellectual property

The Urban Pulse brand is trademark and copyright protected. Any reproduction or copy of all or part of the brand is strictly prohibited and must have the prior written authorization of the brand holder.

Any wording, illustrations, pictures, sounds and logos featuring in the Application are strictly reserved under copyright and intellectual property rights worldwide.

Any reproduction or copy without prior written authorization of all or part of the Application’s components is strictly prohibited.

Personal data

The information collected by HomeFriend (identification data, i.e. civil status and identity, log-in and location data) is limited to what is strictly required in order to supply the services proposed by the Application to the User/Member; it is processed solely for the purpose of providing access to the services proposed by the Application.

Pursuant to the Act on information technology, data files and civil liberties, any User/Member has the right to access and rectify any information pertaining to him or her and the right to oppose the use of any information pertaining to him or her. He or she may exercise such rights at any moment by sending an e-mail to the following address: veolia-eau-France.dpo@veolia.com or homefriend.dpm@homefriend.com.

Certain functionalities may be limited if the user does not authorize access to some of his or her data such as geolocation.

Responsibility of HomeFriend

HomeFriend strives to guarantee to the best of its ability the accuracy and updating of the information transmitted via the Application, for which it reserves the right to amend the content at any time and without notice.

HomeFriend cannot guarantee the precision, completeness and accuracy of the information made available via the Application or obtained following an Application search (e.g.: itinerary search) and such information does not constitute a guarantee or commitment on behalf of HomeFriend with regard to the User/Member.

HomeFriend may not held liable for the following:

HomeFriend has no control over the risks relating to the operation of the Internet and the constraints relating to Internet network limits (slow Internet connection and interruption) and draws the attention of Users/Members to the fact that there may be risks surrounding the confidentiality of the data transmitted via the Application.

User/Member responsibility – User/Member content

The User/Member undertakes to responsibly use the various services proposed by the Application in accordance with these GTCU and the applicable laws and regulations (laws, decrees and orders).

The User/Member is solely responsible for the User/Member content that he or she publishes online via the Application, as well as any wording and opinions that he or she may express, where applicable. He or she undertakes that this User/Member content shall not be likely to infringe the applicable laws and regulations (laws, decrees and orders) and in particular the rights, private life and reputation of any third parties.

HomeFriend reserves the right to delete all or part of the User/Member content, at any time and for whatever reason, without prior notice or justification.

Hypertext links

The Application may propose hypertext links to websites published and/or managed by third parties.

Insofar as these external resources are not verified, the User/Member acknowledges that HomeFriend accepts no responsibility for the availability of such resources, and cannot be held liable for their content.

Force majeure

HomeFriend may not be held liable in the event of a case of force majeure or events beyond its control.

Coverage

To date, the Application can only be accessed in metropolitan France.

Applicable law, relevant jurisdiction and arbitration proceedings

The GTCU are governed by French law. In the event of litigation, the French courts shall have sole jurisdiction.

In the event of a dispute between a User/Member and HomeFriend and following an unsuccessful written claim issued by the User/Member to HomeFriend or in the absence of any response from HomeFriend within a reasonable timeframe of (1) month, the User/Member may have recourse to arbitration proceedings by contacting the relevant ombudsman (not yet appointed) and/or accessing the online European dispute-resolution platform at the following address: http://ec.europa.eu/odr in an attempt to reach an amicable settlement independently and impartially. The User/Member remains free to accept or refuse the recourse to arbitration and, in the event of arbitration proceedings, each party is free to accept or refuse the solution proposed by the ombudsman.

Validation of the GTCU - Amendment / Development / Update

The User/Member hereby declares that he or she has taken due note of and accepted the GTCU when downloading the Application. The User/Member hereby declares that he or she has the full legal capacity or the necessary authorizations to accept these GTCU.

The User/Member hereby declares that he or she has been informed that the information pertaining to him or her shall be maintained throughout the term of the contract. He or she is expressly informed that the mere deactivation of the Application does not suffice to terminate these GTCU and should he or she uninstall the Application, he or she shall expressly notify HomeFriend, by sending an e-mail to contact@urbanpulse.fr, which shall then delete all his or her personal data.

HomeFriend reserves the right to amend, develop and update, at any time and without notice, the GTCU. The User/Member shall be notified and receive a consent request.