Terms and conditions of use of the Personal Account - Parc du Futuroscope

FOREWORD

The aim and purpose of the Terms and Conditions of Use of the Personal Account herein is to set out and define the scope of the conditions of access to and use of the Personal Account.
The Terms and Conditions of Use of the Personal Account herein are agreed between the Personal Account User and Parc du Futuroscope (referred to hereinafter as the Parties).
The Terms and Conditions of Use of the Personal Account herein complement the Legal Notice on the Parc du Futuroscope website and the Parc du Futuroscope policy on the processing of personal data. Should a contradiction arise, the Legal Notice shall prevail.
A Personal Account can be accessed after it has been set up with a user-defined username and password. 

Article 1. DEFINITIONS

Personal Account: part of the Parc du Futuroscope website reserved for the User of the Personal Account and which can be accessed by means of a unique username and password entered on the website.
Services: all the services offered by Futuroscope relating to orders for brochures, admission tickets, breaks at Parc du Futuroscope made by the User of the Personal Account.
Website: the http://www.futuroscope.com site and all related links, web pages and other features.
User: any natural person browsing the website and accessing his or her Personal Account.

Article 2. PURPOSE

2.1. Purpose of the Terms and Conditions of Use

The terms and conditions of use of the Personal Account herein govern all the uses and features of the Personal Account on the Parc du Futuroscope website (referred to hereinafter as the "Personal Account") that can be accessed at https://monespace.futuroscope.com/en/user/edit and is published by Parc du Futuroscope. 
They apply to all Users of the Personal Account.

2.2. Purpose of the Personal Account

The Personal Account provides Users of a Parc du Futuroscope Personal Account with ticket- and/or break-ordering services and a certain number of services relating to the ordering of breaks at and/or of admission tickets to Parc du Futuroscope.
Users with a Personal Account may use the following online services: 
-    Set up a customer account
-    Order admission tickets
-    Order brochures
-    Order breaks (admission & hotel)
-    Manage their user account
-    Latest Parc du Futuroscope news 
-    Save their favourites

2.3. User options

The online services available via the Personal Account are optional and are not indispensable for keeping the User Account open. Admission tickets to and breaks at Parc du Futuroscope can also be booked, and the Club Card or the Futurochèque Gift Cards can also be ordered over the telephone on the following number:
Futuroscope Destination
Tel: +33 (0)5 49 49 30 80

Personal Accounts are available 24/7. However, Parc du Futuroscope reserves the right to perform maintenance, checks and updates without prior notice to users.

Article 3. ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE OF THE PERSONAL ACCOUNT

You must accept the Terms and Conditions of Use of the Personal Account herein before you can set up a Personal Account. Use of the Personal Account in any way necessarily implies that the User unconditionally accepts the terms and conditions of use herein. Acceptance shall be deemed to be effective from the time the Personal Account is set up and the Terms and Conditions of Use herein shall be enforceable upon their acceptance. 
Parc du Futuroscope may make any amendment it deems appropriate to the Terms and Conditions of Use of the Personal Account herein and may notify the User beforehand by e-mail at the e-mail address used to set up the Personal Account, although it is under no obligation to do so.
As such, the said amendments shall be deemed to be accepted when the Personal Account is logged into for the first time following an amendment to the Terms and Conditions of Use herein.

Article 4. SETTING UP A USER ACCOUNT FOR THE PERSONAL USER ACCOUNT

A user account must be set up in order to access a Personal Account and use the aforementioned services and features. This requires the User to enter a valid e-mail address and a password. The user will then receive a confirmation e-mail at the address provided.
Users are responsible for the data they provide for the purpose of setting up their Personal Account. As such, they undertake to provide information that is correct and not to disclose their login details. Parc du Futuroscope cannot be held liable in the event that failure to do so results in a third party using their login details to access or use the features of their Personal Account. Any access to a User’s Personal Account shall be deemed to have been performed by the User.
Users undertake to access and use their Personal Account in good faith and not to commit fraudulent acts intended to hinder its operation or deviate it from its intended purposes. Parc du Futuroscope reserves the right to block access to the account and to the Personal Account in the event of repeated misuse by the User.
Parc du Futuroscope shall not be liable for theft of a User’s identity. Furthermore, Users are liable for loss or misuse of their login details or access to their Personal Account by a third party, and are required to notify Parc du Futuroscope thereof by any means and in the shortest possible time if they wish.

Article 5. CLOSING THE USER ACCOUNT OF THE PERSONAL ACCOUNT

Should a User decide to close down his or her Personal Account, he or she must submit a request to Parc du Futuroscope asking for their data to be erased, together with a copy of their proof of identity, at the following address: 
Parc du Futuroscope, Protection des Données Personnelles, JAUNAY-CLAN – 86130 JAUNAY-MARIGNY.
[email protected].fr

Article 6. INTELLECTUAL PROPERTY

The various elements of the Personal Account (form, layout, background, structure, etc) are protected under design law, copyright, trademark law, and image rights, and may not be copied or imitated in part or in full unless expressly permitted by the publication manager.
Therefore, any use (reproduction, modification, download) in part or in full of these elements without the permission of the holder of the related intellectual property rights is forbidden and constitutes an act of forgery under the meaning of the intellectual property code. Any person who does not comply with the applicable legal provisions is guilty of forgery and may be subject to criminal sanctions by law. 

Article 7. PERSONAL DATA

For the purposes of accessing their Personal Account and using the features therein, Users are required to provide personal data as defined in regulation 2016/679 (GDPR), i.e. any data that can identify a person or make a person identifiable.
This data is subject to processing for which Parc du Futuroscope is the controller and all the procedures of which are explained in the Privacy Policy of the Personal Account.

Article 8. PERSONAL DATA OF MINORS

The Parc du Futuroscope website can be visited by anybody using a personal computer. As such, it is possible for minors to set up a Personal Account by entering their personal data. This data will then be collected by Parc du Futuroscope in the same way as the personal data of users of legal age, even though the Parc du Futuroscope website is not directly aimed at them. Once a User who is a minor has set up a Personal Account, he or she will be able to use the same features as a User who is of legal age.
The legal guardians or any person with parental authority are responsible for deciding whether a minor may set up a Futuroscope Personal Account and access the related features. Consequently, the legal guardians of or the person, of any kind, with parental authority over a User who is a minor shall be solely responsible for any act carried out from this Personal Account.

Article 9. AMENDMENTS TO THE TERMS AND CONDITIONS OF USE

Parc du Futuroscope reserves the right to make any necessary amendments to the Terms and Conditions herein at any time. The amendments will take effect when they are published online in the Personal Account on this page. Users will be notified of amendments via their Personal Account or by Email at the address used to set up their account. Users are deemed to have accepted the new Terms and Conditions if they continue to use their Personal Account after notification.

Article 10. EXCLUSIONOF LIABILITY

Parc du Futuroscope shall not be liable under the following circumstances: 
-    Maintenance work on http://www.futuroscope.fr and/or the Personal Account preventing access to the Personal Account and its features;
-    A cyber attack or any external attack that blocks access to or the features of the Futuroscope website;
-    Any content on third-party websites that is accessible via a link in the Personal Account;
-    A failure to comply with the Terms and Conditions herein;
-    A delay in the fulfilment of or the non-fulfilment of an obligation following a case of force majeure as defined by French law and case law;
-    Any external cause beyond the control of Parc du Futuroscope;
-    Any claim for indirect and/or consequential losses such as loss of opportunity.

Article 11. TERMS OF ACCESS

Access to the Personal Account and use of the features provided are free of charge. Internet access charges are borne by the User.

Article 12. PRECEDENCE

The Terms and Conditions of Use herein shall prevail over all other Terms and Conditions.

Article 13. APPLICABLE LAW AND JURISDICTION

The Terms and Conditions of Use of the Personal Account herein are governed by French law.
Any dispute or claim in relation to the performance or interpretation of these Terms of Use of the Personal Account that cannot be settled amicably by the Parties shall be referred to the courts of Poitiers.