These Terms & Conditions (“Terms”) govern your rights and obligations regarding the use of Turba SAS’ Software (“Software”) and service (both collectively referred to as the “ Service “) on the Internet or on mobile phones. These Terms constitute a fully binding agreement between Turba SAS (including its affiliates and subsidiaries, “Hurikat” or “We”) the proprietor of all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.
If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.
The service allow consumers to avoid waiting lines by using our directory of non busy periods and share their experience to help other members of the community of users. Mainly, the service is dedicated to stores, admin counters, touristic places or events (monuments, museums, temporary exhibitions, theme parks) as well as customers services (phone support).
The Service allows all users of the Software to submit and post information and content to other users (“Content”). Content can be « wait contributions » (indicating the wait experienced in a place), a comment, a picture of a waiting line or a tip added for the community. You assume sole responsibility for any Content you post and you alone are liable for the consequences when you post Content.
You can not add Content with a commercial purpose (including advertising), unless such posts belong to Hurikat, the Service, or Hurikat’s products, and such Content strictly complies with these Terms.
When you submit Content to be published by the Service, you must make sure it is lawful. For example, you may not submit Content is diminishing or infringing proprietary rights of others, including but not limited to copyright and trade marks; identifies other persons without obtaining such person’s express written consent to the disclosure of their personal information, or pertains to minors and identifies minors or their personal information, including their full name, age, address or contact information; is unlawful, defamatory, libelous or invades the privacy of people or companies; is harassing, offensive, threatening or vulgar; is characterized by, or that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class.
When you submit Content to be published on the Service, you represent and warrant that you own all intellectual property rights in the Content; that you are permitted to publish the Content and to permit Hurikat to publish the Content and exploit all intellectual property rights in and to the Content. Hurikat receives no ownership rights in and to the Content that you submit. However, by submitting Content to Hurikat, you hereby grant Hurikat and the users of the Service an irrevocable, worldwide, perpetual, non-exclusive, royalty-free, sub-licenseable and transferable license to use, copy, distribute, prepare derivative works, display in public and publicly perform the Content. The license granted to Hurikat in and to the Content you submit is not limited to personal use, but also extends to any commercial use of Content, at Hurikat’s sole and absolute discretion. However, other users may only use your Content for non-commercial purposes, unless Hurikat provides them with a prior written consent to use your Content for commercial purposes (for the purpose of which you authorize Hurikat to be your agent).
Hurikat may examine the Content before or after its publication, prevent publication of inappropriate or otherwise inadequate or erroneous Content, or remove such Content after its publication. Hurikat does not normally utilize its right to monitor Content and does so only in rare cases.
Hurikat retains sole discretion in determining which Content will be published, the duration of its publication, its location, how and when it appears on the Service, its design and any other matter pertaining to the publication of Content within the Service. Hurikat does not guarantee that all Content will be published, in general or for any limited time.
Content submitted by users for publication does not reflect the views of Hurikat. Publishing Content does not warrant its validity, reliability, accuracy, legality or it being up-to-date.
Hurikat PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF EACH AND EVERY USER. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
Additionally and without derogating from the above clause, Hurikat disclaims any warranties relating to the accuracy of the wait estimation, Content, opening hours presented or displayed in or by the Service. For instance, a store may be congested even if it’s displayed by the Service as uncongested; users may submit faulty or inaccurate Content or reports. Such errors and omissions are inherent to any community-based service that operates on users’ posts and on the information provided by them.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Service, and you further agree and acknowledge that your use of or reliance on the Service is made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws (including traffic laws) while using the Service.
THE INFORMATION PROVIDED BY THE SERVICE IS NOT INTENDED TO REPLACE THE INFORMATION PRESENTED BY THE VARIOUS ORGANIZATIONS LISTED IN OUR DATABASE. IN THE EVENT THAT THE INFORMATION PRESENTED OFFICIALLY BY THE ORGANIZATIONS THEMSELVES (ON THEIR WEBSITES, ON THEIR PREMISES ETC.) INSTRUCTS DIFFERENTLY THAN THE SERVICE, YOU MUST NOT RELY ON THE SERVICE.
Hurikat exerts efforts to provide you with a high quality and satisfactory service. However, we do not warrant that the Service will operate in an uninterrupted or error-free manner, or that it will always be available or free from all harmful components, or that it is safe, secured from unauthorized access to Hurikat’s computers, immune from damages, free of malfunctions, bugs or failures, including, but not limited to hardware failures, Software failures and Software communication failures, originating either in Hurikat or any of its providers.
Hurikat, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND IN LIGHT OF THE RELEVANT CIRCUMSTANCES.
Without derogating from any applicable law, you agree to indemnify and hold harmless Hurikat and its employees, officers, directors and agents, as well as all third party advertisers of Ads from and against all claims, damages, expenses, losses and liabilities that arise as a result of your violation of these Terms. In view of the fact that the Service is provided to you free-of-charge, this indemnity is intended to cover all expenses, payments, loss, loss of profits or any other damage, direct or indirect, monetary or non-monetary, incurred by Hurikat, its employees, officers, directors or agents as a result of your violation of the Terms, including but not limited to legal expenses and attorney fees.
Hurikat may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt or change the Software, the Service’s features, the user interface and design, the extent and availability of the contents in the Service and any other aspect related to the Service. You will have no claim, complaint or demand against Hurikat for applying such changes or for failures incidental to such changes.
Hurikat may, at any time, terminate the provision of the Service in its entirety or any part thereof, temporarily or permanently, at its sole discretion.
Hurikat may modify these Terms from time to time. If fundamental changes are introduced, a notice will be posted in the updated version of the Software as well as on the Service’s home page on the Site. Your continued use of the Service after the Terms have been modified signifies your assent to the updated Terms. If you dissent to the updated Terms or to any term within them, you must discontinue all further use of the Software.
These Terms, the Software and the Service will be governed solely by the laws of France, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in the Paris Chamber of Commerce (France).
Last edit: November 20th at 17h25 GMT+1.