General terms and conditions of use of the ‘Puy du Fou’ mobile application
These general terms and conditions of use (hereinafter referred to as the ‘GTC’) are intended to provide a legal framework for the terms and conditions of use of the ‘Puy du Fou’ mobile application (hereinafter referred to as the ‘Application’) and the definition of the conditions of access and use of the services offered to the user (hereinafter referred to as ‘the User’).
Any registration or use of the Application implies the acceptance without any reservation or restriction of the present GTC by the User. When downloading the Application, each User expressly accepts these GTC by ticking the box preceding the following text: ‘I acknowledge that I have read and understood the GTC and accept them’.
In the event of non-acceptance of the GTC stipulated in this contract, the User must relinquish access to the services offered by the Application.
Article 1: Legal notices
The version of the Application provided by the GRAND PARC DU PUY DU FOU company, a simplified joint-stock company with capital of €50 000 000, whose registered office is located at Puy du Fou, 85590 LES EPESSES and is entered in the LA ROCHE-SUR-YON trade and companies register under number 347 490 070,
Hereinafter referred to as ‘Puy du Fou’.
Article 2: Registration and access to the Application
The Application allows the User to access free content, requiring neither registration nor connection.
The Application also allows the User privileged access to exclusive and interactive content which is regularly expanded and updated by Puy du Fou.
Access to the Application is subject to a fee. Online payment is made by the User upon registration. As payment is made directly through the application's download platforms, Puy du Fou cannot be held responsible in the event of a complaint concerning online payments.
The User undertakes to accept the general terms and conditions of use of the download platform used at the time of payment.
The Application is accessible in any location to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) shall be borne by the User. Puy du Fou has no responsibility in the event of an interruption in access to the Application, due to connection problems or any deficiency in the download platforms.
The User must register by filling out the form. By accepting to register, the User-member undertakes to provide true and accurate information concerning civil status and contact details, and email address in particular.
To access the content of the Application, the User must then identify themselves using their username and password, which was chosen at the time of registration.
Any User who is a regularly registered member may also request deregistration by going to the dedicated page on their personal space. This will be carried out within a reasonable period of time.
Article 3: Collection of data
The User is guaranteed that personal information will be collected and processed by the Application with respect for privacy in accordance with Law No. 78-17 of January 6, 1978 relating to data processing, records and freedoms.
In accordance with the French Data Protection Act of 6 January 1978, the User has the right to access, rectify, delete and question their personal data.
This right can be exercised by writing to the Seller at the following address: Puy du Fou, Pôle Communication, CS 70025, 85590 Les Epesses, specifying his surname, first name and place of residence.
Subject to the User's acceptance when registering on the Application, this personal data is subject to computer processing enabling the User to be provided with information on Puy du Fou’s services and offers.
Article 4: Alterations to the GTC
Puy du Fou reserves the right to unilaterally alter the content of the present GTC at any time.
Article 5: Intellectual property
Puy du Fou retains full and complete ownership of its intellectual property rights, in particular concerning its trademarks and other identification marks. The User shall refrain from copying or imitating them, directly or indirectly. Any reproduction of the trademark and identification marks belonging to Puy du Fou is subject to prior written validation by Puy du Fou.
The User commits to using the contents of the Application in a strictly private context, any use for commercial and advertising purposes is strictly prohibited.
Any total or partial representation of the Application by any process whatsoever, without the express authorisation of Puy du Fou would constitute an infringement punishable by article L 335-2 et seq. of the Intellectual Property Code.
It is underscored that in accordance with Article L122-5 of the Intellectual Property Code that the User who reproduces, copies or publishes the protected content must cite the author and its source.
Article 6: Liability
Sources for the information disseminated on the Application are deemed reliable. However, Puy du Fou does not guarantee that it is free of faults, errors or omissions.
The information provided is presented for general information purposes only and has no contractual value. Despite regular updates, Puy du Fou cannot be held responsible for changes in administrative and legal provisions occurring after publication. Similarly, Puy du Fou cannot be held responsible for the use and interpretation of the content of the Application.
The User commits to keeping their password secret. Any disclosure of the password, regardless in what form, is prohibited. The User accepts the risks associated with the use of their username and password. Puy du Fou accepts no liability, if should be the case.
Puy de Fou cannot be held responsible for any viruses that may infect the User's mobile phone or any of the User's computer equipment as a result of using, accessing or downloading from the Application.
Puy de Fou’s liability cannot be invoked in the event of force majeure or the unforeseeable and unavoidable act of a third party. Therefore, any event due to a case of force majeure resulting in a malfunction of the Application or the server, and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of Le Puy du Fou.
Article 7: Hypertext links
Hypertext links may be present on the Application. The User is told that clicking on these links exits the Application. Puy du Fou has no control over the web pages to which these links lead and cannot, under any circumstances, be held responsible for their content.
Article 8: Applicable law and jurisdiction
The GTC are governed by French law.