Terms of Service www.driverparis.fr (Version March 15, 2023)
Driverparis.fr is a platform for chauffeur-driven motorized vehicle transport services operating exclusively by reservation and operated by the company Hakkim BEN FADHEL:
- Registered with the RCS of Evry under number 878168897;
- Registered office: 111 RUE DE LA PAPETERIE 91100 CORBEIL-ESSONNES;
- Registered as a tourism vehicle operator under number EVTC091200023;
- VAT identification number FR89878168897;
Phone/Whatsapp: +33767756194.
(hereinafter referred to as “Driverparis”) aims to offer its customers, individuals and professionals, a solution allowing them to reserve various transport services, whether for a simple journey or a specific time slot, provided by drivers who are part of its network. These services include land transport of motorized vehicles and are carried out by drivers who are valid members of the Driverparis network. This concerns all natural or legal persons who, in accordance with French legislation and regulations, carry out paid activities linked to the operation of chauffeur-driven tourist vehicles (commonly called “VTC”) and/or the transport of passengers and of their luggage with a driver on board motorized vehicles and part of the network of the Driverparis driver platform (hereinafter referred to as the “Platform”).
These General Terms and Conditions of Service are intended to define the terms and conditions:
(i) that are binding on the Client, as well as, if applicable, on their employees and/or collaborators (hereinafter individually referred to as « User » and collectively as « Users ») who wish to access the Platform and benefit from the services offered therein (hereinafter referred to as the « Services »); and
(ii) under which Driverparis will provide the Services to the Client.
Access to and/or use of the Platform implies the acceptance and unconditional compliance with all the provisions of these General Terms and Conditions of Service.
If the Client and/or the User do not wish to accept all or part of these General Terms and Conditions of Service, we kindly request that they immediately refrain from using the Platform.
These General Terms and Conditions of Service govern all commercial, contractual, or pre-contractual relationships between Driverparis and the Client regarding the subscription to the Services. Therefore, they constitute a contract between the company Driverparis and the Client (hereinafter referred to as the « Contract »).
By accepting these General Terms and Conditions of Service, the Client also accepts that they apply to each Course or Availability Request placed on the Platform. Consequently, the validation of each Order is equivalent to a new confirmation of their acceptance of these General Terms and Conditions of Service.
These General Terms and Conditions of Service prevail over any contrary agreement or provision, including the Client’s general purchasing conditions. They supersede and replace any prior general service terms and conditions that may have governed the relationship between the Parties.
These General Terms and Conditions of Service, and any annexes thereto, constitute the entire binding documents between the Parties.
DriverParis reserves the right to modify the content of these General Terms and Conditions of Service at any time. Such modifications will result in a new version that will automatically apply to Services ordered and provided thereafter.
Registration and Access to the Platform Terms
1.1 For the Client
1.1.1 In order to benefit from the Services and, where applicable, to extend them to its employees and/or collaborators, the Client must:
a. Carefully review and unconditionally accept these General Terms and Conditions of Service by checking the box next to the statement « I have read and accept the terms of use and services of DriverParis.fr. »
b. Create a customer account on the website www.driverparis.fr, using the mobile application DriverParis.fr and clicking on the « Registration » button, or by uploading data provided directly by the DriverParis team.
c. Provide all the mandatory information requested during registration.
1.1.2 When entering the registration form or uploading data in bulk, the Client undertakes to accurately complete the form, ensuring that only accurate, up-to-date, and complete information is provided.
1.1.3 Once DriverParis has validated their registration, the Client will receive an email containing a key code (hereinafter the « Client Code »). This code will allow each User to create a user account, access the Platform, and benefit from the Services.
1.1.4 It is expressly agreed that the Client will be the company employing the Users registered on the Platform using its Client Code, and it will be responsible for ensuring that each of them complies with these General Terms and Conditions of Service vis-à-vis DriverParis.
1.1.5 The Client acknowledges full responsibility for the confidentiality of the Client Code provided by DriverParis. In the event of unauthorized use of this Client Code, the Client undertakes to immediately inform DriverParis of any unauthorized use of their account.
1.1.6 The Client is solely responsible for the use of their account. Any connection or data transmission made using the Client’s Client Code will be considered as having been made by the Client and under their sole responsibility. It is also specified that the Client is fully and exclusively responsible for the use of the Platform by any third party who registers using the Client’s Client Code, regardless of their identity.
1.1.7 DriverParis shall not be held liable if the data related to the Client’s registration does not reach it for reasons beyond its control (e.g., Internet connection problems or mobile connectivity issues related to the Client or the relevant operator, temporary server failure, etc.) or if this data is unreadable or impossible to process (e.g., due to inadequate computer hardware or software environment for the Client’s registration).
1.2 For Users
1.2.1 Access to the Platform is subject to the User’s registration on the website www.driverparis.fr or the DriverParis.fr mobile application.
1.2.2 To register, each User must:
- Review and fully adhere to these Terms of Service by checking the box next to the statement « I have read and unconditionally accept the terms of use and services of DriverParis.fr. »
- Create a user account on the website www.driverparis.fr or the DriverParis.fr mobile application by clicking on « Registration. »
- Provide all the mandatory information requested, including the Client Code that will have been communicated to the Client.
1.2.3 When completing the registration form, the User undertakes to correctly fill out the form, providing only accurate, up-to-date, and complete information.
1.2.4 During registration, the User will be prompted to select and provide personal and confidential access codes, which DriverParis will use to identify the User and enable quicker login during the use of the Services.
1.2.5 The User will choose their username and password, subject to compliance with French legislation, particularly legislation regarding public order and good morals.
In this regard, DriverParis reserves the right to refuse any username and password that do not comply with the legislation as defined above.
1.2.6 The User acknowledges full responsibility for maintaining the confidentiality of their access codes. Thus, in the event of fraudulent use of these passwords, the User agrees to immediately inform the Client and DriverParis of the unauthorized use of their account.
1.2.7 The User is solely responsible for the use of their account; any connection or data transmission made using the Platform will be deemed to have been made by the User and under their responsibility, as well as, if applicable, the responsibility of the Client. It is also specified that the User is entirely and exclusively responsible for the use of the Platform from their user account by themselves and by any third party.
1.2.8 DriverParis cannot be held responsible if the data related to a User’s registration does not reach them for any reason not attributable to DriverParis (for example, an internet or mobile internet connection problem due to any reason on the User’s side, a temporary failure of its servers, etc.) or if the data arrives unreadable or impossible to process (for example, if the User has inadequate computer equipment or software environment for their registration).
Access to the Platform
2.1 Access to the Platform is achieved by:
- Using the Client’s and Users’ computers and/or mobile devices; or
- Using the phone numbers provided by DriverParis; and
- Using the User’s credentials.
2.2 Except during maintenance periods, Users can connect to the Platform (except for the phone) at any time, specifically:
- 24 hours a day,
- 7 days a week,
- Including Sundays and public holidays.
2.3 The User will use their credentials for each login to the Platform.
2.4 The credentials are intended to reserve access to the Platform and Services for the Client’s Users, protect the integrity and availability of the Platform, as well as the integrity, availability, and confidentiality of the Client’s data transmitted by Users.
2.5 The credentials are personal and confidential. They can only be changed at the request of the Client or at the initiative of DriverParis, provided that the Client is informed in advance.
2.6 The Client undertakes to take all necessary measures to keep their credentials and those of their Users secret and not to disclose them in any form.
2.7 In general, the Client is responsible for the security of individual access points to the Platform.
2.8 In the event of loss or theft of any credentials, the Client will use the procedure established and communicated by DriverParis for the recovery of these credentials.
2.9 All costs related to access to the Platform, whether hardware, software, internet access, or any usage fees, are exclusively the responsibility of the Client.
2.10 The Client is solely responsible for the proper functioning of the Users’ computer equipment and their internet access.
2.11 DriverParis reserves the right to unilaterally deny access to the Platform, without prior notice, to any User who does not comply with these Terms of Service.
2.12 DriverParis makes every reasonable effort to ensure quality access to the Platform but is not obligated to do so. DriverParis cannot guarantee the continuity of services performed remotely via the Internet, telecommunications networks, or mobile internet, as acknowledged by the Client.
2.13 Furthermore, Driverparis cannot be held responsible for any network or server malfunctions or any other events beyond reasonable control that would prevent or degrade access to the Platform.
2.14 Nevertheless, Driverparis is committed to making reasonable efforts to provide reasonable assurance that the Client can access and use the Platform at the specified times in these Terms.
2.15 Driverparis reserves the right to interrupt, temporarily suspend, or modify access to all or part of the Platform without notice, for maintenance purposes or any other reason, without such interruption entailing any obligation or compensation.
Use of the Platform
3.1 License
www.driverparis.fr grants the Client and Users a personal, non-exclusive, non-transferable, and non-assignable right to use the Platform and the Services accessible on the Platform worldwide for the duration of the Contract.
The Client may only use the Platform for their professional needs and in accordance with the documentation (including all documents prepared by Hakkim BEN FADHEL describing the Platform and the Services, detailing their specifications and terms of use).
This license is granted solely for the purpose of allowing the Client and Users to order and enjoy the Services as part of their professional activities, to the exclusion of any other purpose.
The Client may not, under any circumstances, make the Platform available to a third party other than the Users and strictly refrain from any other use, including but not limited to adaptation, modification, translation, arrangement, dissemination, decompilation without the express, written, and prior consent of Hakkim BEN FADHEL.
The Client and/or the User also agree, without obtaining the prior written permission of Hakkim BEN FADHEL, and without limitation:
- Not to use the Platform for promotional purposes or, in general, to offer products and services for direct or indirect remuneration.
- Not to create archives from the content on the Platform.
- Not to reproduce, represent, use, reference (including in search engine meta tags), all or part of the content, trademarks, logos, distinctive signs appearing on the Platform.
The rights granted to the Client under these General Terms of Service will be extended to any update or new version that replaces and/or complements the Platform, unless the corresponding update or new version contains its own terms of use.
3.2 Interactive Services
The User is authorized to post comments on the Platform related to the Services and/or Hakkim BEN FADHEL in the designated areas.
Comments posted by Users through the dedicated interactive portal on the Platform represent their sole opinions or comments and in no way those of Hakkim BEN FADHEL or its employees and agents.
Once a comment is published, it may be distributed on all digital platforms, both on the Platform and on mobile applications published by Hakkim BEN FADHEL that use the Platform’s content.
Hakkim BEN FADHEL encourages Users to exercise moderation and caution in expressing the comments they wish to publish on the Platform. In this regard, Users undertake not to publish on the Platform any content that is contrary to applicable laws and regulations.
Notably, Users are prohibited from:
- Disseminating information contrary to public order or morality.
- Misusing the service for propaganda, proselytism, solicitation, or recruitment.
- Publishing commercial, advertising, or promotional information or engaging in propaganda for tobacco, alcohol, or any other regulated substance, product, or service.
- Disseminating content that violates the personal rights of third parties or is defamatory, insulting, obscene, pornographic, pedophilic, offensive, violent, or incites discrimination, political violence, racism, xenophobia, sexism, or homophobia.
- Publishing information that violates data protection legislation, enabling the identification of individuals without their consent, including their last name, postal and/or email address, telephone number, photograph, sound recording, or audiovisual recording.
- Infringing on the intellectual property rights of third parties, including removing or erasing any copyright or trademark notices, as well as any restrictive legends.
Non-compliance with these General Terms of Service may result in the immediate and automatic removal of the contentious content, a warning, and/or the closure of the respective user account as well as the client account, without prejudice to any other legal action and/or damages that Hakkim BEN FADHEL may be entitled to initiate or claim.
Content and Ordering Terms for Services
4.1 Driverparis platform offers its user clients the opportunity to enjoy a premium and tailor-made service, allowing them to book online, for a single ride or for several hours, a chauffeur-driven car chosen based on specific criteria such as the type, brand, model, or segment of the vehicle, the driver’s quality rating, and onboard services offered.
The services provided by Driverparis include real-time ride booking and transportation services, which are, in practice, provided by the chauffeurs who are members of its network, as expressly acknowledged and accepted by the Client.
4.2 For each transportation service they wish to order (instant ride, advance booking, provision of a vehicle), interested Users are required to provide all the requested information on the Platform for this purpose, such as, notably, the date, time, and pick-up location, the destination, any potential stops, the desired vehicle type, and the number of passengers. Hakkim BEN FADHEL then suggests the closest and available driver to the User on the Platform. The User can then finalize their choice. The User always has the option to cancel the ride by logging out of the Platform. Once the selection has been made and the payment has been completed by the User, a summary of the order, including the previously provided information, is sent to the User via email and SMS.
When the User clicks the « Confirm Reservation » button, they access the summary of their order, where all the information is reiterated.
Contractual information is presented in the English language (translatable by the tool provided by the platform) and will be subject to confirmation, restating this contractual information, upon validation of the reservation by the Driver to whom they are attached. Driverparis reserves the right to cancel or refuse any User’s Order (i) if their profile does not meet the quality conditions for benefiting from the Service as defined herein, (ii) if there is a dispute regarding payment of a previous order, and, in all cases, (iii) if the User has not accepted the general terms of use.
4.3 Cancellation Policy
Any cancellation made more than 2 hours before pick-up is free of charge. If the ride is canceled between 1 and 2 hours before the scheduled departure, a cancellation fee of 60% of the ride amount will apply. In the case of cancellation less than one hour before the scheduled departure or a last-minute no-show, the full value of the reserved ride is charged to the Client.
Rates – Financial Terms
5.1 Rates
Access to the Platform and the booking service is provided to the User free of charge.
Transportation Services (rides or provision of vehicles) are sold by Driverparis at the prevailing rate on the Platform on the day they are performed. Prices are in Euros, including all applicable taxes (10% VAT when applicable for rides and 20% for provisions). Any change in the applicable VAT rate may be passed on to the price of the service ordered by the Client and/or the User.
The price of transportation services is provided as an estimate on the Platform at the time of the Order (hereinafter the « Estimated Price ») and remains subject to change due to the factual circumstances of the service (for example, but not limited to, changes in schedules, changes in routes, etc.).
The Platform’s ordering process allows the User to review the details of their Order and the amount of the Estimated Price to be paid for the service ordered.
Once the User has validated the Order as described above, the Order is final and binding.
Any validated Order constitutes acceptance of the Estimated Price and the carrier’s rate schedule based on the descriptions of the ride or provision.
The final amount of the ride or provision price (hereinafter the « Final Price ») is determined by Driverparis after the service based on the actual transportation conditions, according to Driverparis’s rate schedule to which it is attached, and after any applicable cancellation penalty, late penalty, or punctuality guarantee.
Furthermore, it is specified that:
For rides:
The User pays the Final Price for a single ride on a single route; The determination of the Final Price for the ride varies depending on the route and Driverparis’s rate schedule for the selected Chauffeur, based on pick-up, per-kilometer cost, and surcharge based on time and day;
For provisions:
The User chooses to set a time slot during which the Chauffeur is exclusively at their service; The determination of the Final Price for the provision varies depending on the duration of use and Driverparis’s rate schedule for the respective Chauffeur, based on a time-based package with a surcharge based on the time. If the User is eligible for a special offer, they must enter a code that has been assigned to them in the designated field. In case of the User’s delay, the User may be subject to a Late Penalty, which corresponds to a penalty with an amount that progressively increases depending on the duration of the User’s delay compared to the agreed departure time for the service.
Each of these penalties is applied at the initiative of Driverparis, provided that the following cumulative conditions are met: (i) Driverparis has made available on the Platform a specific rate schedule related to the Cancellation Penalty or Late Penalty, and (ii) the User has had access to it prior to any booking confirmation. If applicable, the Cancellation Penalty or Late Penalty will be offset against the Estimated Price charged at the time of the Booking and/or will be debited additionally, directly from the User’s bank account without requiring additional authorization from them.
The User may also be granted a Punctuality Guarantee in case of the Chauffeur’s delay, corresponding to a discount on the selling price of the service, with the amount progressively increasing depending on the duration of the Chauffeur’s delay compared to the agreed departure time for the service.
This discount is applied at the initiative of Driverparis, provided that the following cumulative conditions are met: (i) Driverparis has made available on the Platform its specific rate schedule related to its Punctuality Guarantee, and (ii) the User has had access to it prior to any Booking confirmation.
5.2 Payment Terms and Security
Payment of the Estimated Price will occur automatically upon validation of the Booking and will serve as a deposit towards the Final Price of the service, either by bank debit from the Client’s account if registered with Driverparis, or by online credit card payment on the Platform at the time of Booking, or by end-of-month billing.
The Client expressly authorizes Driverparis to use the STRIPE, PAYPAL, or any other secure online payment system of its choice on the Platform for the settlement of all sums owed by the Client for the ordered services, and expressly authorizes Driverparis to take, if necessary, all necessary steps to open an account in the name of and on behalf of the Client with the STRIPE company.
The Client acknowledges that they have read, before signing these terms, the terms and conditions of use of STRIPE and PAYPAL, and that these terms and conditions will apply to any payment made through these systems on the Platform.
Driverparis undertakes to inform the Client of any change in the online secure payment system on the Site and to provide the Client with the applicable terms and conditions of use.
Billing to the Client is based on the above-mentioned Final Price of the service (including any Late Penalty, if applicable) or, if applicable, based on the Cancellation Penalty.
The difference between the Estimated Price already paid by the Client and the Final Price billed to the Client will be subject to additional payment by the User through debit or refund to the credit card used during the Booking or directly on the end-of-month billing statement.
« Online » Bookings are issued via the Internet, mobile Internet, or through dedicated software applications provided by Driverparis. Driverparis will send the Client the invoice for the service. An invoice will be issued for each completed service unless the Client has an account with Driverparis and has agreed on a different billing frequency or terms.
Driverparis takes all necessary measures to ensure the confidentiality and security of data transmitted on the Platform. Data related to credit cards are not stored by Driverparis after payment. In order to ensure payment security, the Platform uses the secure payment services of STRIPE and PAYPAL. These services incorporate the SSL (Secure Socket Layer) security standard. Confidential data (16-digit credit card number and expiration date) is directly transmitted in encrypted form to the STRIPE and PAYPAL servers without passing through the physical servers of Driverparis.fr.
When bank details are validated, the secure payment manager sends an authorization request to the credit card network. The secure payment manager issues an electronic certificate. For more information, it is advisable for the Client to refer to the terms and conditions of use of STRIPE and PAYPAL.
Validation of the Booking using the credit card number, expiration date, and the CVV (additional number digits provided on the back of the card) constitutes a mandate to pay that the payment server transmits to the Client’s credit institution.
Any delay in payment by the Client may result in the application of penalties equal to the interest rate of the European Central Bank plus 10 percentage points. Furthermore, in accordance with the provisions of Article L.441-6 of the Commercial Code, any delay or default in payment at the due date will result, automatically, in the application of a fixed legal indemnity of 40 euros for collection costs, in addition to the already applicable late penalties. In the event that the collection costs incurred by Driverparis exceed the amount of this fixed legal indemnity, Driverparis shall be entitled to directly claim from the Client full compensation for the expenses incurred for the collection of outstanding invoices.
Client’s Obligations
6.1 The User must board the Driver’s Vehicle or as soon as it arrives at the specified address and agreed-upon time. In case of the User’s absence at the agreed-upon time, the Driver is deemed authorized to leave the agreed-upon location without prior notice.
6.2 The Client agrees to actively cooperate with Driverparis and undertakes, in particular, to:
Provide Driverparis with, or facilitate access to, the elements, documents, and information in their possession that are necessary for the execution of the Services or the use of the Platform;
- Promptly communicate any new information that may influence the provision of the Services;
- Comply with Driverparis’ requests and recommendations to enable it to provide the Services in accordance with these General Terms of Service;
- Immediately inform Driverparis of any errors or malfunctions affecting the Platform and/or the Services in order to limit any potential consequences of these errors or malfunctions;
- Submit to Driverparis, by any means, an error report consisting of a document outlining the observations made regarding said errors, and Take all necessary measures without delay to implement the procedures communicated by Driverparis for the correction of errors or malfunctions.
6.3 The Client undertakes to behave inside the vehicle and towards the Driver with politeness, respect, and courtesy, and to strictly adhere to all safety rules imposed by regulations or indicated by the Driver.
In the event of damage to the equipment or the vehicle attributable to the Client or the Users, the Client shall be automatically required to reimburse Driverparis and/or the Driver for the costs of repairing the damaged vehicle or equipment.
6.4 The User undertakes, whenever they are accompanied by a child during the journey(s) covered by the ordered service, to have and use their own safety equipment required by current regulations for the transportation of babies and children (baby seat, child seat, booster seat, etc.). Driverparis reserves the right to refuse to transport the User and accompanying children if the User does not have the necessary mandatory equipment, without this decision entitling the User and/or the concerned Client to any compensation.
Partner Services
7.1 DriverParis may offer links to other websites managed by partner sites (hereinafter « Partner Services »).
Given that Driverparis cannot control Partner Services, Driverparis makes no commitment regarding the availability of these sites and external sources and assumes no responsibility for the content, advertisements, products, services, or any other material available on or from these sites or external sources.
7.2 Similarly, Driverparis cannot be held responsible for any proven or alleged damages or losses, whether consequential or related to the use of the content or services available on these Partner Services or external sources.
Intellectual Property
8.1 Driverparis is and remains the exclusive owner of the intellectual property rights over the Platform and its content. The only rights granted to the Client are those defined in Article 3.1 above.
8.2 The Platform and its content (including data, databases, software, photographs, information, illustrations, logos, trademarks, etc.) that appear or are available on the Platform are protected under copyright law, trademark law, patent law, database producer rights, or any other rights recognized by applicable law.
8.3 Any unauthorized copying, reproduction, representation, adaptation, alteration, modification, unauthorized dissemination, in whole or in part, of the Services and/or the content of the Platform, belonging to Driverparis, a third party, or another User, is illegal and may result in criminal and civil liability for the User and/or the infringing Client.
8.4 Driverparis grants the Client and the User the right to use the Platform for strictly professional purposes, to the exclusion of any other use.
8.5 The Client must not in any way sell, resell, or exploit in any way and for any purpose any part of the content on the Platform other than their own.
8.6 The temporary provision of the Platform under the conditions provided herein shall not be construed as the transfer of any intellectual property rights to the benefit of the Client, within the meaning of the intellectual property code.
8.7 If suggestions, concepts, or developments proposed by the User or the Client are implemented by Driverparis in its Services, the User or the Client hereby acknowledges and accepts that Driverparis shall be the owner of all rights, titles, or interests that may result from them. The User or the Client agrees to preserve Driverparis’s trademarks or any other distinctive sign on the Services and to refrain from any parasitic behavior towards Driverparis.
8.9 The Client expressly authorizes Driverparis to quote or include in its communications, including on its website, the Client’s name and the nature of the services performed for the Client under these terms and conditions, and to reproduce its trademarks.
Warranties and Liability of Driverparis
9.1 Access to the Platform is provided on an « as is » basis and is available as is.
9.2 The Client acknowledges being fully aware of the particular risks associated with the specificities of the Internet and networks, including the fact that information concerning personal data may be intercepted and/or transferred, particularly to countries that do not provide an adequate level of protection for personal data, and accepts these risks. Driverparis cannot be held responsible for any damages resulting from the transmission of any information, including its identifier and/or password via the Platform.
9.3 Driverparis provides no express or implied warranties, including, but not limited to, warranties of quality and compatibility of the Platform for a specific use and non-violation of the rules of use of the Platform by the Client and/or the Users.
9.4 Driverparis does not guarantee the relevance and accuracy of the information published on the Platform by third parties.
9.5 Driverparis disclaims all liability for any disputes, actions, or claims by third parties who may assert rights, in particular proprietary rights, to any content not created by Driverparis.
9.6 Driverparis does not warrant that the uninterrupted operation and/or continuity of the Platform can be ensured in the event of force majeure or unforeseen circumstances as defined by applicable regulations. Force majeure events include, but are not limited to, exceptional weather conditions, natural disasters, fires, floods, lightning, attacks, disruptions, unavailability, and blocking of telecommunications networks, damage caused by viruses for which security means existing on the market do not allow eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities that would substantially modify these General Terms and Conditions of Service or any other event of force majeure or unforeseen circumstance within the meaning of the case law of the Court of Cassation.
9.7 Driverparis undertakes to verify the availability of the services offered. Driverparis makes every effort to find an available chauffeur for the User as quickly as possible. In this regard, Driverparis is only held to an obligation of means. Driverparis shall not be held responsible if the search for a chauffeur does not succeed due to the unavailability of all chauffeurs, even in the case of an Advance Booking.
9.8 In the event that Driverparis’s liability is incurred by the Client due to a breach of its obligations under these General Terms and Conditions of Service, the compensation shall only apply to direct, personal, and certain damages, expressly excluding compensation for any indirect and immaterial damages and/or losses, such as financial losses, commercial losses, loss of business or turnover, loss of data, or loss of opportunity.
Responsibility of the Customer and/or User
In the event that Driverparis’s liability is incurred under the Contract, the amount of damages awarded to the Client shall not exceed the amount paid by the Client for the Order in which the damage occurred.
Client and/or User Liability In the event of breaches of these General Terms and Conditions of Service, Driverparis reserves the right to remove the Client and/or User who is in breach from the Platform by deleting their account, either temporarily or permanently, without prejudice to any legal action that Driverparis may take against them.
Duration of registration
Duration of Registration Any registration is made for an indefinite period, and client and user accounts remain active until they are closed under the conditions set out in Article 14 below.
Termination – Closure of Accounts
12.1 Termination at the Initiative of the Client and/or User
The Client may terminate their client account with or without cause at any time by sending a notification by email to Driverparis at contact@driverparis.fr or by contacting the account manager.
This notification shall be effective upon receipt and shall result in the closure of the client account as well as all user accounts opened by Users who used the Client’s code during their registration.
Similarly, each User may terminate their user account with or without cause at any time by sending a notification by email to Driverparis at contact@driverparis.fr or by contacting the account manager. This notification shall be effective upon receipt and shall result in the closure of the User’s account.
Any early termination at the initiative of the Client shall not entitle the Client to a refund of any sums already paid by them and shall result in the immediate and automatic enforceability of all invoices issued by Driverparis that have not yet fallen due.
12.2 Termination at the Initiative of Driverparis
Without prejudice to any damages that Driverparis may seek, Driverparis reserves the right to suspend the access of a User (including the Client and each of its Users) to the Platform and/or terminate its Client account automatically, without notice or compensation, for any breach of contractual obligations, including:
- Non-compliance by the Client or one of its Users with these General Terms and Conditions of Service.
- Providing false information during registration.
- An inactive account (no service orders) for a consecutive period of 15 months.
- Actions contrary to the commercial interests of Driverparis.
Termination at the initiative of Driverparis shall not entitle the Client to a refund of the fee by Driverparis. All sums paid under these terms shall remain permanently acquired by Driverparis, and all unpaid invoices shall become immediately and automatically due and payable to Driverparis.
Personal data
Personal Data DriverParis is committed to protecting the personal information provided by Users (the « Personal Information »). In this context, DriverParis undertakes to respect the confidentiality of the Personal Information transmitted.
This article explains: (i) how Personal Information is used; (ii) how the User can correct, modify, or delete the Personal Information that Driverparis holds about them; (iii) to whom Driverparis may disclose it; and (iv) the security measures implemented by Driverparis to protect the confidentiality of Personal Information.
13.1 Purpose of Collection
Personal Information is processed by Driverparis for the purpose of managing User profiles, conducting marketing and statistical studies, and monitoring the quality of the Services to provide Users with the most suitable Services.
Driverparis may also use Personal Information to send Users email or SMS communications and information about Driverparis, its services, and its offers, which the Client/User acknowledges and accepts.
In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, as amended by Law No. 2004-801 of August 6, 2004 (the « Data Protection Law »), the Client and/or User have the right to access, rectify, delete, and object to data concerning them. To exercise this right, the User and/or Client must send a letter to the following address: Driverparis, Hakkim BEN FADHEL, 111 rue de la Papeterie, 91100 Corbeil-Essonnes, France.
All Personal Information is sent and stored with the Platform’s host, whose servers are located in France, and whose contact information is available on the Platform under « Legal Notices. »
13.2 Access to Personal Information
Personal Information can be accessed at any time in the « My Account » section using the client and/or User’s email address, login, and password.
In accordance with Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, as amended by Law No. 2004-801 of August 6, 2004 (the « Data Protection Law »), the Client and/or User have the right to access, rectify, delete, and object to data concerning them. To exercise this right, the User and/or Client must send a letter to the following address: Driverparis, Hakkim BEN FADHEL, 111 rue de la Papeterie, 91100 Corbeil-Essonnes, France.
All Personal Information is sent and stored with the Platform’s host, whose servers are located in France, and whose contact information is available on the Platform under « Legal Notices. »
13.3 Disclosure to Third Parties
Driverparis may be required to disclose Users’ Personal Information to legally authorized organizations and authorities, to the extent that disclosure is required or authorized by law, or when Driverparis deems it necessary or appropriate to comply with applicable laws and other regulations, or to protect or defend its rights or those of its employees, clients, or any other person.
Driverparis may transmit Users’ Personal Information to third parties in the event of an assignment, asset transfer, reorganization, or liquidation. Driverparis will then notify the client if their Personal Information will be subject to a different privacy policy.
The Personal Information collected may be shared with third parties related to Driverparis by contract for the execution of subcontracted tasks necessary for the management of User and/or client profiles or the provision of Services.
Unless expressly agreed by the User and/or the Client when collecting their Personal Information, Driverparis cannot transmit Personal Information to its partners for prospecting purposes, including electronic, postal, or telephone communication.
Even after giving their consent, the Client and/or Users may object to further communication by sending a letter to Driverparis at the following address: Driverparis, Hakkim BEN FADHEL, 111 rue de la Papeterie, 91100 Corbeil-Essonnes, France.
13.4 Retention
Personal Information will only be retained for the duration strictly necessary for managing the user relationship established with Driverparis using the Platform and will not exceed the duration during which the Client’s and/or User’s accounts are active.
For your information, it is reminded that any account that remains inactive (no service orders placed) for a consecutive period of 15 months will, unless otherwise indicated by DriverParis, be automatically deleted, and associated Personal Information will be erased.
13.5 Security
Driverparis has implemented technical and organizational security measures to protect Personal Information from alteration, destruction, and unauthorized access.
However, as the Internet is an open system, Driverparis cannot guarantee the security of the information transmitted or received by the User and/or the Client through the Platform. Therefore, the User and/or the Client assume this risk, which the Client/User accepts and acknowledges.
Communication between the Client and Driverparis
Any notification or communication to Driverparis under these General Terms of Service must be sent to Driverparis at the following email address: contact@driverparis.fr. Any notification or communication to the User or the Client will be made by Driverparis to the email address provided by the User or the Client during registration, unless otherwise expressly indicated.
Advertising
15.1 The Client agrees to be informed about promotional offers by receiving emails, SMS, or newsletters from Driverparis. If the Client no longer wishes to receive such information, they can unsubscribe by clicking on the designated link at the bottom of each email they receive.
Miscellaneous
16.1 These General Terms of Service are governed by French law, excluding the provisions of the Vienna Convention.
16.2 In the event of a dispute or disagreement regarding the interpretation, execution, and/or validity of these General Terms of Service, the parties agree to attempt an amicable resolution.
16.3 If an amicable solution cannot be reached, any dispute or controversy related to the validity, interpretation, execution, termination, cancellation, and/or termination of these General Terms of Service shall be submitted to the exclusive jurisdiction of the courts of Paris, even in the case of third-party proceedings or multiple defendants, regardless of the place of delivery and the accepted mode of payment, notwithstanding any contrary clause.
16.4 In the event that a provision of these General Terms of Service is declared null or unenforceable in whole or in part, the other provisions shall remain in effect and continue to have their full force.
16.5 Neither party shall be deemed to have waived its rights under these General Terms of Service in the event of a breach by the other party of any of its obligations under these General Terms of Service.
Cookies and Web Beacons
14.1 Cookies
A « cookie » is a file installed on the User’s device, allowing the storage of information related to their navigation on the website and applications of www.driverparis.fr, with the purpose, among others, of authenticating users, remembering their preferences and settings, determining the popularity of content, delivering advertising campaigns, measuring their effectiveness, analyzing website and application traffic, and more generally, understanding the online behaviors and interests of individuals interacting with the services of www.driverparis.fr.
Cookies can have varying lifespans. « Session cookies » only persist while the User’s browser is open and are automatically deleted when the User closes their browser. Other cookies are « persistent cookies, » which means they remain active even after the browser is closed. For example, they can recognize the User’s device when they open a new browsing session.
The paragraphs below aim to provide the User with information regarding the cookies used by www.driverparis.fr or its partners when the User uses the website or applications of www.driverparis.fr and offer them a solution to customize their choice.
14.1.1 www.driverparis.fr Cookies
www.driverparis.fr makes use of cookies. A cookie is a computer file stored on the User’s hard drive. Its purpose is to indicate their previous visit to the Platform, and therefore, it does not allow for their identification or constitute Personal Information. Cookies are used by www.driverparis.fr solely to personalize the services offered to Users.
14.1.2 Third-Party Cookies
When the User accesses the Platform, one or more cookies from partner companies may be placed on their computer. These third-party cookies are intended to identify the User’s interests and collect browsing data to personalize the advertising offers addressed to them outside the Platform.
www.driverparis.fr has no access to and cannot exercise any control over third-party cookies.
However, www.driverparis.fr ensures that partner companies agree to process the information collected on the Platform in compliance with the « Information and Liberties » law of January 6, 1978, as amended, and commit to implementing appropriate measures to ensure data security and protection of confidentiality.
14.1.3 Managing Cookies
There are several options available for managing cookies. At any time, the User can express and modify their cookie preferences through the Help section of their browser’s toolbar. This section explains how to refuse new « cookies » or receive a notification when they are received, or how to disable « cookies » either systematically or based on their issuer. The User can also manually delete cookies.
The User can choose to disable or delete similar data used by browser add-ons, such as Flash cookies, by modifying the settings of these add-ons or by visiting the website of the publisher of these add-ons.
Please note that configuring the browser in this way may prevent the User from accessing certain content or significantly disrupt their browsing experience and the services they expect from the Platform. In such cases, www.driverparis.fr disclaims all responsibility for the consequences related to the degraded behavior of the Platform resulting from the inability to use cookies necessary for its operation.
For cookie management, each browser offers a configuration process. It is described in the browser’s help menu, which will allow the User to know how to express their cookie preferences:
For Internet Explorer™: Open the « Tools » menu, then select « Internet Options »; click on the « Privacy » tab, then the « Advanced » tab, and choose the desired level or follow this link: http://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies
For Firefox™: Open the « Tools » menu, then select « Options »; click on the « Privacy » tab, then choose the desired options or follow this link: http://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
For Chrome™: Open the settings menu (wrench icon), then select « Options »; click on « Advanced Options, » then in the « Privacy » section, click on « Content Settings, » and choose the desired options or follow this link: http://support.google.com/chrome/bin/answer.py?hl=en&answer=95647
For Safari™: Choose « Safari > Preferences, » then click on « Security »; in the « Accept Cookies » section, choose the desired options or follow this link: http://docs.info.apple.com/article.html?path=Safari/3.0/en/9277.html
For Opera™: Open the « Tools » or « Settings » menu, then select « Delete Private Data »; click on the « Detailed Options » tab, then choose the desired options or follow this link: http://help.opera.com/Windows/10.20/en/cookies.html
On Mobile:
To specify whether Safari™ accepts cookies or not:
On the home screen, choose Settings > Safari. Tap Accept Cookies and choose « Never, » « From visited sites, » or « Always. » To clear all cookies in Safari:
On the home screen, choose Settings > Safari. Tap Clear Cookies. To delete cookies on Android:
Menu > Settings > Clear all cookies
14.2 Web Beacons
Some web pages of the Platform may contain web beacons that count the number of visitors to the www.driverparis.fr website and/or provide www.driverparis.fr with certain indicators.
These web beacons may be used with some of our partners, notably to measure and improve the effectiveness of the Platform.
In any case, the information obtained through these web beacons is strictly anonymous and simply serves to gather statistics on the traffic of certain pages of the website.
14.3 Hyperlinks
Any hyperlink referring to secondary pages of the www.driverparis.fr website is strictly prohibited, except with the express authorization of www.driverparis.fr.
Furthermore, any link must be removed upon simple request from www.driverparis.fr.
Modification of the Terms and Conditions
15.1 www.driverparis.fr reserves the right to freely modify the Terms and Conditions.
Therefore, the Client and/or User is invited to refer to them on each visit in order to become acquainted with their latest version, which is available online on the Platform at all times.
15.2 The Client and/or User is then free not to access the Platform if the new conditions are not agreeable to them.
15.3 If the Client and/or User does not wish for the contractual relationship to be governed by the new version of the Terms and Conditions, they must notify www.driverparis.fr and, from the date on which the new version takes effect, cease to use the Platform.
15.4 Any modification will take effect immediately and will only apply to Users using the Platform after the said modification.
Applicable Law and Competent Jurisdiction
16.1 These Terms and Conditions are subject to French law.
16.2 All disputes arising from these Terms and Conditions, including their validity, interpretation, execution, termination, consequences, and outcomes, shall be submitted to the jurisdiction of the courts within the jurisdiction of the Court of Appeal of Paris.
Acceptance
These Terms and Conditions are an integral part of the Contract binding the Parties.
The Client and/or User acknowledges that they have read these Terms and Conditions, fully understand their content, and accept their terms and conditions.