Contents
Article 1 – Presentation
Article 2 – Access to the Site
Article 3 – Site management
Article 4 – User obligations
Article 5 – Liability – Limitations
Article 6 – Personal data
Article 7 – Intellectual property
Article 8 – Third-party sites and/or services
Article 9 – Language
Article 10 – Applicable law and jurisdiction
The purpose of these General Conditions of Use (hereinafter the ” GCU “) is to define the terms and conditions of access to and use of the group-indigo.com website (hereinafter the ” Site “) published by Indigo Group (hereinafter the ” Publisher ” or ” Indigo “).
By accessing and using the Site and its content, you (hereinafter the ” User “) fully accept and agree to abide by the TOU.
Indigo reserves the right to adapt or modify the TOU at any time. In the event of modification, reference will be made to the GCU in force on the day of connection to the Site. The User is therefore invited to consult the GTCU regularly in order to keep abreast of the most recent changes made to them.
Article 1 – Presentation
The Site provides information on the Indigo Group and on the services offered by Indigo and its subsidiaries.
The Site also allows users to apply for a job offered by Indigo via the dedicated space “carriere.group-indigo.com” accessible from the “Candidates” section.
Article 2 – Access to the Site
Access to and use of the Site is for strictly personal use only. You undertake not to use this Site or the information or data contained therein for commercial, political or advertising purposes or for any form of commercial solicitation, in particular the sending of unsolicited e-mails.
Article 3 – Management of the
Site For the proper management of the Site, the Publisher may at any time:
– suspend, interrupt or limit access to all or part of the Site, or restrict access to the Site, or to certain parts of the Site, to a specific category of Internet user;
– remove any information that may disrupt its operation or contravene national or international laws;
– suspend the Site in order to update it.
Article 4 – User obligations
The User undertakes to comply with the GCU in addition to all applicable laws and regulations.
The User shall refrain from any fraudulent, abusive or excessive use of the Site and/or the information and data it contains.
Without prejudice to the provisions of Article 7 (Intellectual Property), Indigo expressly objects to the use by a User or any third party of the information contained on the Site, in particular concerning the parks, their characteristics, contact details, applicable rates, to provide the public with a directory service or telephone connection with the parks via a premium rate number. Indigo has not entered into any partnership agreement with companies publishing websites offering this type of service and warns Users against the unfair practices of these third parties and the total absence of any guarantee provided by Indigo regarding the information published by these third parties concerning the parks.
Users undertake not to use the Site and/or the information and data it contains and the services that may be offered therein for fraudulent or illegal purposes or in an illegal manner, and in particular not to :
– contravenes public order or morality, in particular by consulting or distributing elements such as (this list is non-exhaustive and not limited to) pornography, pimping or paedophilia, or violent content likely to be seen by minors;
– which has the character of a call to murder, incitement to racial hatred or denial of crimes against humanity;
– which contravenes the legitimate interests of Indigo or any third party, in particular by way of insult or defamation, or which violates privacy, personality rights or property rights or extrapatrimonial rights;
– which consists of acts of piracy, whatever their form (intrusion into systems, propagation of viruses, spamming, phishing, etc.).
Article 5 – Liability – Limitations
Indigo does not guarantee that the Site and the services presented therein are free from anomalies, errors or bugs, or that these can be corrected, or that they will function without discontinuity, breakdowns or interruptions, or that they are compatible with the User’s equipment or configuration. The publisher cannot be held responsible for any failure, breakdown, difficulty or interruption in operation, preventing access to the site or any of its functions.
The User is aware of the characteristics and limits of electronic communications networks, in particular their technical performance, response times for consulting, querying or transferring data and the risks associated with the security of such communications.
The equipment used by the User to connect to the Site is under the User’s sole responsibility. The User must take all appropriate measures to protect his equipment and his own data, in particular from viral attacks via the Internet. The User is also solely responsible for the sites and data he/she consults.
Indigo shall not be liable for any legal action taken against a User:
Indigo is not responsible for any damage caused to a User, third parties and/or a User’s equipment as a result of the User’s connection to or use of the Site and waives any claim against Indigo as a result.
In the event that Indigo is the subject of amicable or legal proceedings arising from a User’s use of the Site, Indigo shall be entitled to recover from the User all damages, sums, judgments and costs that may arise from such proceedings.
Indigo is not responsible for malfunctions attributable to third-party systems or software or to force majeure. Indigo shall not be liable for any foreseeable or unforeseeable damages, material or immaterial (including, but not limited to, loss of profits or opportunity…) arising out of the use or total or partial inability to use the Site or any of the services or features offered directly or indirectly therein.
The Site is normally accessible at all times. However, access to it may be suspended or withdrawn at Indigo’s sole discretion, in particular in the event of force majeure, computer difficulties, difficulties related to the structure of telecommunications networks, technical difficulties, or for maintenance reasons, without this list being exhaustive.
Indigo is bound only by a best-efforts obligation with respect to the information and/or services it presents to Users via the Site and assumes no responsibility for the information and Partner Services provided by the Partners. Indigo may not be held liable for information provided by Partners or in the event of fault on the part of Partners.
Indigo makes every effort to ensure the reliability of the information provided on the Site, but cannot guarantee its accuracy, precision or completeness.
Consequently, the User acknowledges that he/she uses this information under his/her own responsibility.
Article 6- Personal data
The information that the User communicates on the Site enables Indigo to carry out several processing operations aimed at
– responding to requests for information and replying to requests by email; or
– processing applications for job offers.
In accordance with the General Data Protection Regulation No. 2016/679 of April 27, 2016 (RGPD) and the French Data Protection Act of January 6, 1978 in its latest amended version in force, the User has the right to access, rectify, object to and delete information concerning him or her, which may be exercised at the email address: dpo.fr@group-indigo.com or by writing to Indigo Group – Délégué à la Protection des Données Personnelles -Immeuble The Curve – 48-50 Avenue du Général de Gaulle – TSA 43214 – 92919 LA DEFENSE CEDEX.
For complete information on the processing of Personal Data, Indigo invites the User to consult its Privacy Policy in which are specified:
In accordance with the Privacy Policy, the User may at any time :
In addition, the User has the possibility of communicating directives concerning the conservation, deletion and communication of his/her personal data after his/her death.
Article 7 – Intellectual property
The Site as a whole and each of its components (such as texts, databases, tree structures, software, animations, images, photographs, illustrations, diagrams, logos, sounds, music, etc.) as well as any computer applications that may be used to operate the Site and, more generally, all elements reproduced or used on the Site are protected by intellectual and industrial property rights and other proprietary rights held by Indigo and/or its subsidiaries.
Indigo and/or its subsidiaries are the sole owners of all intellectual property rights relating to the Site which belong to them or hold the related usage rights. Access to the Site does not confer on the User any intellectual property rights in respect of the Site or its component parts.
Consequently, in application of the provisions of the French Intellectual Property Code and international conventions, it is forbidden to represent, reproduce, modify, publish, adapt or exploit all or part of the Site or its component parts on any medium whatsoever, by any means whatsoever, for any purpose other than the User’s personal and private use for non-commercial purposes, without Indigo’s prior written authorization.
Violation of these provisions exposes the User to the penalties provided for by the French Intellectual Property Code and the French Penal Code, in particular for copyright and trademark infringement, as well as to those provided for by the French Civil Code in terms of civil liability.
The trademarks, logos or domain names (such as Indigo, Indigo Neo, group-indigo.com, indigoneo.fr, etc.) that appear on the Site are the exclusive property of Indigo and/or its subsidiaries and/or its Partners.
Any reproduction or use of these trademarks, logos or domain names, in any manner or for any purpose whatsoever, is prohibited.
The creation of hypertext links to the Site may only be made with the prior written authorization of Indigo, which may, if granted, be revoked at any time, without any obligation on Indigo to justify its decision and without compensation.
Indigo is free to refuse this authorization without having to justify its decision in any way whatsoever.
Any information accessible via a link to other sites is not under the control of the Editor, who declines all responsibility for their content.
Article 8 – Third-party sites and/or services
The Site may include links to other sites, sources and services, including Partner Services. Because Indigo cannot control these sites and other external sources, Indigo is not responsible for the content, advertising, products, services or other materials available on or from such sites or external sources. These links are provided solely to facilitate the User’s browsing and access to information and services that may be of interest.
Article 9 – Language
The present Terms of Use are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 10 – No waiver
Indigo’s failure at any time to enforce any provision of these TOU shall not be construed as a waiver by Indigo of any subsequent enforcement of such provision.
Article 11 – Partial nullity
Any provision of the GTU that may be declared invalid or unlawful by a competent court shall be null and void. The invalidity of any such provision shall not affect the validity of the remaining provisions of the TOS as a whole or their legal effect. Indigo will replace it with a legally valid provision that is as close as possible to its intended legal and economic meaning and purpose.
Article 12 – Mediation
If the User is a consumer, and in accordance with article L 211-3 of the French Consumer Code, the User is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution method.
The User must first submit a written complaint to Indigo.
The User must submit his request to the MOBILIANS mediator, whose contact details and procedures for referral are available on his website: mediateur-mobilians.fr, subject to compliance with the conditions for admissibility of his request and within a period of less than one (1) year from the date of his written complaint to Indigo.
If the User is a non-professional individual, he may use the European Online Dispute Resolution Platform available at ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
Article 13 – Applicable law and jurisdiction
The GCU are governed by French law, subject to the mandatory rules of the User’s country of residence. Any dispute relating to the interpretation and/or execution of the GTUs may be settled by amicable negotiation between the Publisher and the User (hereinafter the ” Parties “), or through the mediation procedure mentioned in article 12 hereof, if applicable. In all cases, and subject to any applicable legal provisions, any dispute may be referred to the competent French courts at the initiative of the most diligent of the Parties.
