Legal and contractual information
Legal Notice
(March 02, 2022)
Meteo-Parapente.com ("the Site") and the Meteo-Parapente mobile applications ("the Applications"), collectively referred to as "Meteo-Parapente", are published by:
Meteo-Parapente SASU ("the Publisher")
110 Impasse de Pre Baron
73110 La Chapelle Blanche, France
Intra-community VAT: FR68848908646
RCS Chambéry 848 908 646
Share capital 1,000.00 Euros
Contact: support@meteo-parapente.com
Publication director: Nicolas Baldeck
Host: BPZ Labs, 110 Impasse de Pre Baron, 73110 La Chapelle Blanche, France
General Conditions of Use of Meteo-Parapente
(March 02, 2022)
This document is a machine translation of an official French document. This translation is provided for your convenience. In case of any uncertainty, it is the original French version that has the binding value.
If you notice any error in the translation, please let us know
1. Scope and opposability of the General Conditions of Use
The purpose of these General Conditions (hereinafter the "GTU") is to define the services offered on the Site and their conditions of use for all users (hereinafter individually the "User" or collectively the " Users".
Meteo-Parapente is a service offering weather forecasts for outdoor activities (hereinafter individually the "Service" and collectively the "Services").
The User can access the Site free of charge. However, in order to be able to use the Services in their entirety, he must subscribe to a Subscription.
The purpose of these T&Cs is to define the rights and obligations of any User in the context of their access to and use of the Site, and in particular in the context of the provision of the Services.
It is specified that in the case of Users who have subscribed to a Subscription, their relationship with the Publisher will be governed by these T&Cs, which will be supplemented by the Specific Subscription Conditions.
2. Description of Services
The Services offered on the Site are as follows:
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The provision of weather forecasts based on digital models designed by the Publisher or its partners.
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On an experimental basis, other Services may be offered. These may be Services relating to other territories or other functionalities. If so, this will be indicated. The Publisher does not undertake to maintain them.
It is specified that within the framework of the Services freely provided by the Publisher (hereinafter the "Free Services"), the User's access to the forecasts is restricted. Thus, the User of Free Services will not necessarily be able to access all of the forecasts on the Site.
The Publisher reminds that it sets at its sole discretion the days during which the Services are freely accessible. As such, the time(s) of the week during which access to forecasts on the Site is restricted may be modified from one week to another, without justification of any sort of the Editor.
For example, the Publisher may decide to restrict access to forecasts for Free Users on Tuesday one week, then restrict access to forecasts on Thursday and Saturday the following week.
This description of the Free Services is neither exhaustive nor definitive. The Publisher reserves the right to modify the terms of implementation of the Services or to add new functionalities, and in particular with the aim of improving the quality of the Services offered.
3. Acceptance of the General Conditions of Use
The User acknowledges having read these T&Cs prior to any access to and/or any use of the Site.
Consequently, continuing to browse the Site implies unreserved acceptance of the T&Cs.
To this end, information is presented to Users during the first visit, in order to obtain their consent.
Refusal of these T&Cs entails a ban on accessing the Site and using the Services it offers.
4. Modification of the T&Cs
The Publisher reserves the right to modify these T&Cs at any time, such modifications taking effect as soon as they are put online.
The User is informed of these modifications by all appropriate means.
In order to be able to continue to access and use the Site after the updated T&Cs have been put online, the User will be invited, on their next connection to the Platform, to read the new version of the T&Cs, and to accept them without reservation.
5. Conditions of access to the Platform
Viewing the Site (subject to the provisions of Article 3) does not require any registration or creation of an account or profile by the User beforehand.
Provided that the User has the material and technical means allowing him to access the Site (equipment, connections), the Platform is therefore open to any User with an Internet connection, subject to compliance with these T&Cs.
6. Availability and operation
The User acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions on the Internet.
The Publisher implements its best efforts so that the Services are available at all times, 24 hours a day and 7 days a week, without interruption or error.
However, the User accepts that the Services may be temporarily interrupted in the event of a breakdown or to allow maintenance, updating and improvement of the Site.
The Services may also be suspended in the event of the unavailability of meteorological data providers (and in particular Météo-France). Meteo-Parapente uses many sources of data that it does not control and which can, in the event of alteration of this data, modify the functioning of the Site.
The User acknowledges that the Publisher, like any other worker, has the right to take vacation. The Publisher will take precautions to avoid any cuts during his absence. However, if, despite these precautions, a breakdown or disruption should occur, it is possible that the Services will remain disrupted or unavailable until his return. This is particularly valid in the case where the publisher does not have stable access to the Internet during his vacation (eg: offshore navigation or hiking in an isolated environment). In the event of such a disturbance, article 11 of the Specific Subscription Conditions is applicable to Subscribers.
To access the Site, you must use a browser with a version less than three years old.
The responsibility of the Publisher cannot be sought in the event that the conditions of access to the Site cannot be satisfied. The Publisher will nevertheless take all necessary measures, as soon as it becomes aware of the occurrence of the incident, to remedy as quickly as possible any failure that may be attributable to it, as well as to reasonably prevent the occurrence of such malfunctions.
Similarly, the Publisher cannot be held responsible for non-functioning, impossibility of access or poor conditions of use of the Site for reasons external to the Publisher such as network congestion, unsuitability of your equipment or failure of your access provider.
7. Responsibilities
The forecasts available on Meteo-Parapente are made using data from a large number of weather operators and calculations made by the Publisher and its partners.
These are forecasts resulting from an automated process, not appraised, carried out without control, intervention, or human analysis a posteriori.
The Publisher does not offer a meteorological service and has no particular qualification in meteorology.
The User therefore acknowledges that the information made available to him on the Site may be incomplete and non-exhaustive.
The User acknowledges that the information available on the Site and the Services offered are the result of automatic data processing, the reliability of which the Publisher and its partners cannot guarantee.
In addition, the Publisher reminds the User, who accepts it, that it makes every effort to provide the Services, but that it necessarily remains dependent on the various meteorological data operators.
The Publisher therefore does not guarantee the availability of forecasts at all times, regardless of access to the Platform, and its liability can never be engaged in the event of unavailability of the Services due to lack of meteorological data operators. .
The User accepts that the use of the information and Services is carried out under his sole and entire responsibility, direction and under his sole control.
The information available on the Site and the Services offered must be used in addition to other information.
The decision to fly, or to carry out an outdoor activity must in no case be taken solely on the basis of the information available on the Site and the Services offered.
The information available on the Site must be supplemented by real-time observation of weather conditions at the departure site or any other available information relating to flight conditions or the practice of any other outdoor activity.
The User acknowledges that he is aware of the safety rules concerning the practice of paragliding or the outdoor activity he practices. In particular, the User acknowledges having sufficient knowledge of meteorology and aerology to practice paragliding or any other outdoor activity. The User acknowledges that he should only fly or practice an outdoor activity under conditions adapted to this activity and his level.
The User acknowledges that the decision to fly or the decision to practice any other outdoor activity is taken at his own risk.
The Publisher is bound by an obligation of means, and its liability can only be engaged on proven fault on its part. This obligation of means only concerns the fact of providing the forecasts, without however guaranteeing their reliability, precision or veracity.
When the User uses the Site and the Services in the context of his professional activity, he acknowledges that the responsibility of the Publisher cannot, in any way whatsoever, be engaged in the event of direct or indirect damage which would be caused to him. due to the use of the information and Services offered by the Site or the impossibility of accessing the information and Services offered by the Site. In particular, the loss of turnover, commercial damage, loss of order, any commercial problems, damage to brand image and any action taken by third parties are considered to be indirect damages.
Consequently, the User declares and recognizes the limits that any reasonable person attaches to the weather forecasts, and consequently to those provided within the framework of the Services. As such, the User declares:
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Be solely responsible for the use he makes of the forecasts obtained within the framework of the Services,
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In no case or in any situation can the Publisher be held liable for compensation for any direct or indirect damage resulting from the use of the forecasts provided,
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To be fully aware of the uncertainties necessarily linked to the Services, in particular in view of the provisions of this article.
In addition, the User must take all appropriate measures to protect his equipment and data when using the Site, and in particular to prevent any computer virus attack.
8. Mobile Apps
Meteo-Parapente mobile applications are available on the Google Play Store and Apple App Store portals. These Applications are provided as a complement to the Site.
The Publisher does not undertake to maintain these Applications. The Publisher may decide to replace these Applications with another technical solution allowing the Services to be used from a tablet or smartphone.
The Publisher may decide to withdraw the Applications from the portals on which they are made available, at its discretion and without any obligation to replace them with any other technical solution.
The User acknowledges that each Application is an accessory technical solution to the Services offered on the Platform. As such, the User has no right to have the Applications kept available by the Publisher, nor any right to reimbursement or compensation in the event of non-maintenance.
Access to the Applications and their use are subject to these T&Cs, under conditions strictly identical to those governing access to and use of the Site.
9. Forums
A forum is available on the Site.
In this context, the User undertakes to:
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Not send messages or post content that is contrary to laws and regulations, in general to public order and morality, and in particular messages contrary to the protection of minors;
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Not to make remarks or transmit any content of a political, racist, xenophobic, discriminatory, malicious, rude, abusive, defamatory, hateful, obscene, pornographic, violent nature, infringing people, privacy, confidentiality, institutions, laws and regulations in force;
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Do not send content elements (in particular photos, videos, sound recordings) (i) reserved for an adult audience (in particular elements containing sexual or pornographic references), (ii) allowing to identify a person other than you- same, (iii) comprising personal information concerning third parties (iv) comprising elements protected by copyright or any other intellectual property right;
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Not to hinder or interfere with the normal operation of the Services, in particular by the use of viruses or the sending of mass messages.
In the event of non-compliance with these provisions, the Publisher reserves the right to suspend or terminate the User's account without notice or formal notice. This termination will not give right to reimbursement.
The Publisher reserves the right, without prior notice, to delete, in whole or in part, any content that it disseminates or that is sent to it via the forum if this content is likely to infringe the laws and regulations in force, morality, or is unrelated to the purpose of the Services.
The User agrees to assign to the Publisher all the property rights of reproduction and representation, adaptation, modification, arrangement, transformation, translation, distribution and marketing relating to the elements he makes available on the forum (photographs, observations, etc.) for the legal duration of copyright protection and for the whole world. The User acknowledges that these elements may be subject to commercial use.
10. Intellectual Property
All the elements appearing on the Site and on the Applications (in particular, meteorological data, texts, graphic illustrations, photos, videos) are protected by the intellectual property code in France and by foreign legislation governing copyright and neighbors, the law of trademarks, designs and models. Any reproduction, adaptation, and representation in any form whatsoever and in particular the exchange, rental and transfer to a third party are strictly prohibited.
11. Hypertext links
The Site contains hypertext links to other websites or other sources of information managed by third-party sites.
The hypertext links set up on this Site to other websites have been subject to prior, express and written authorization.
The Publisher cannot exercise control over these external sources, the direct or indirect links contained on these sites, and referring to other websites.
Consequently, the Publisher declines all responsibility for the availability and content of these sites and external sources, and in particular all advertisements, products, services or any other material available on or from these sites or external sources.
12. Personal data
As part of the use of the Site, the Company is required to process some of the User's personal data as data controller.
For any information concerning the processing carried out by the Company on personal data, we refer you to the Privacy Policy .
13.Cookies
The Site uses cookies that are essential to its operation, but it does not use any tracking or advertising cookies.
When the User consults the Site, cookies may be placed on their terminal (computer, mobile, tablet).
For any information regarding cookies, we refer you to the Privacy Policy .
14. Technical Support
Technical support is provided only by email and exclusively at support@meteo-parapente.com
No request by post, telephone or sent to another email address will be processed.
15. Applicable law
These general conditions are governed by French law.
ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION, OR EXECUTION OF THESE GENERAL TERMS AND CONDITIONS FALLS UNDER THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF CHAMBERY.
16. Consumer mediation
In accordance with article L612-1 of the Consumer Code, the Publisher offers its users, in the very exceptional context of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows: DEVIGNY MEDIATION - contact@devignymediation.fr
Specific Conditions of Subscription
(January 24, 2024)
This document is a machine translation of an official French document. This translation is provided for your convenience. In case of any uncertainty, it is the original French version that has the binding value.
If you notice any error in the translation, please let us know
1. Definitions
Access -- Username and password, communicated to the Subscriber following his Subscription.
Subscriber -- Natural person having subscribed to a Subscription.
Subscription -- Made for a User to register on the Site, and to pay the Contribution allowing him to access the reserved Services
CGU or General Conditions of Use -- Refers to the General Conditions of Use governing access to the Site and the Free Services, available above.
Contribution -- Amount paid by the User in order to subscribe to the Subscription.
Publisher -- Meteo-parapente SASU, operating the Website, and offering free and reserved Services.
Entity -- Any legal person, whether public or private, regardless of its purpose or purpose.
Ancillary Services -- Services made available to Subscribers and/or Users as the case may be, at the complete discretion of the Publisher, and the performance of which is never guaranteed. These Accessory Services are offered free of charge by the Publisher without constituting any consideration for a Subscription.
Free Services -- Services available on the Site and accessible to any User without a Subscription condition, access to which is subject to the T&Cs.
Reserved Services -- Specific services reserved for Subscribers.
Site -- The meteo-parapente.com website, as defined in the T&Cs.
User -- Person browsing the site in the absence of any Subscription, and only benefiting from access to generic Services.
Unauthorized Use -- Use of the Site in contravention of these Specific Conditions, and in particular use of the reserved Services without being a Subscriber.
2. Purpose
The purpose of these Specific Conditions is to define the terms of Subscription. Thanks to this Subscription, Subscribers can benefit from the Services Reserved on the Site.
The Subscription is conditional on the prior acceptance of the General Conditions of Use, which are supplemented by these Specific Conditions.
In the event of a conflict between the T&Cs and the Specific Conditions, the latter will prevail over the T&Cs.
3. Description of reserved Services
By subscribing, the Subscriber obtains access to the Reserved Services, which are:
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Release of weather forecasts: the Subscriber has access to all days of weather forecasts as soon as they are available,
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Accessory Services: Access to training and exchange sessions: face-to-face, videoconference, implementation of an application, etc.
The Publisher makes every effort to allow training and discussion sessions to be held in order to provide the Subscriber with ancillary services. However, the Subscriber acknowledges that these additional services are Accessory Services and not guaranteed as to their supply: they will be set up and maintained at the Publisher's sole discretion.
The Subscriber is informed in advance, by any suitable means of communication, of the organization of an event within the framework of the Accessory Services.
4. Subscription and acceptance of general and specific conditions
On the occasion of any Subscription, the User registers and creates a personal space, by completing an online form available on the Site.
The User undertakes on this occasion, to provide accurate and sincere information on his situation, to carry out a regular verification of the data concerning him, as well as to inform the Publisher of any necessary modification.
The Subscription is reserved for natural persons having the legal capacity to contract.
By validating their Subscription via the validation click at the bottom of the page, the User expressly and irrevocably accepts these Specific Conditions, subject to the provisions of Article 9.
5. Access to Services
The Access (username and password) of the Subscriber will be sent to him by email and by SMS immediately after validation of the payment or the use of a single-use code. This information allows the Subscriber to access the Reserved Services, and can be modified on the Site directly in the Subscriber's personal space.
6. Sharing credentials
Access is provided to the Subscriber on a strictly personal basis. As such, they are confidential and non-transferable. The Subscriber can however use them on one or more of his own devices (computer, tablet, mobile, etc.).
The Subscriber irrevocably agrees not to share or distribute their Access to third parties. As such, he acknowledges that such sharing constitutes a fraud on the Publisher's rights.
The Subscriber acknowledges having full control over his Access, and thus being personally liable vis-à-vis the Publisher for any Unauthorized Use of the Reserved Services, under the conditions provided for in b. of this article.
Constitutes Unauthorized Use, any use of its Accesses by a natural person other than the Subscriber himself.
a. Professional clubs and structures
The Subscription is individual. Only a named natural person can subscribe to it. The fact that the Subscriber is himself a member of an Entity, exercises any profession whatsoever within it, or occupies any function whatsoever or a management or management position, does not authorizes under no circumstances to share its Accesses with other members of the said Entity.
The Publisher does not offer a collective subscription, except in the case of a special agreement signed between the parties.
b. A posteriori invoicing in the event of sharing
If the Publisher observes Unauthorized Use, a formal notice to immediately cease the sharing of its Access will be sent to the Subscriber, to the email address provided by the latter when registering. This formal notice will also invite the Subscriber to immediately modify his Accesses in order to prevent any risk of fraud from a third party.
If after this formal notice, the Publisher finds new Unauthorized Uses of the Reserved Services, it reserves the discretionary right to:
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Suspend or terminate the Subscription without notice or refund of amounts paid;
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Bill Subscriber for Unauthorized Use, up to the amount of a Standard Subscription per Unauthorized Use detected;
The Publisher may freely choose to apply one, the other or both sanctions referred to in this article when it detects an Unauthorized Use.
The Publisher reserves the right to implement this procedure at any time.
The lack of implementation of this procedure following an Unauthorized Use does not in any way constitute a waiver by the Publisher of its power to sanction, nor an implicit authorization of the action at the origin of Unauthorized Use detected.
These penalties do not in any way replace any action for damages that the Publisher may bring against the Subscriber.
The Publisher cannot be held responsible for any direct or indirect damage suffered by the Subscriber or by third parties, resulting from fraudulent access to his Personal Space following the disclosure of his Access.
7. Duration of Subscription
The Subscription is valid for a period of 365 days from the date payment is made,
In this case of early renewal, the new Subscription is valid for a period of 365 days from the end date of the previous Subscription.
At the end of the Subscription period, the Subscriber who wishes to continue as a Subscriber and to benefit from the Reserved Services must proceed to a new Subscription directly on the Site, again paying the Contribution provided for in Article 9.
As of the effective date of his Subscription, and as long as it is in force, the Subscriber has access to the Reserved Services, as defined in Article 3 (excluding in particular the period of interruption temporary service for maintenance, network disruption or force majeure, as described in the T&Cs available on the Site).
The Subscriber may terminate his Subscription at any time by sending an email to the following address, and only to the following address: support@meteo-parapente.com.
Termination of the Subscription outside of the cases provided for in Articles 10 and 12 cannot give rise to any reimbursement.
8. Mobile Apps
When, in accordance with Article 8 GCU, Applications are made available to the Subscriber by the Publisher, the Subscriber benefits from these Applications from the Reserved Services, in the same way as when they are provided by the site.
The Publisher reminds that as provided for in the context of Free Services, the provision of Applications by the Publisher constitutes an Accessory Service. Consequently, the fact of being a Subscriber does not give any right whatsoever or in particular to the maintenance of the Applications, nor to reimbursement or compensation in the event of non-maintenance.
Access to the Applications and their use are subject to these Specific Conditions, as well as to the T&Cs.
9. Contribution, payment conditions and billing
The Minimum Contribution applicable to the Subscription is that displayed on the Site at the time of payment.
The Subscriber has the option of contributing a higher amount. However, he acknowledges that this higher contribution only constitutes financial support for the project carried out by the Publisher, without this giving him any access to additional services.
If the Subscriber lives in a country of the European Union, the amount of the contribution displayed on the site must be inclusive of VAT. If the Subscriber resides in a country outside the European Union, the contribution displayed on the site must be inclusive of VAT.
At the time of payment, the Subscriber certifies that the country of residence entered is correct. Any payment of the contribution necessary for the Subscription will give rise to the issuance of an invoice sent by email.
The Subscriber can make the payment of the Contribution via the various means of payment offered on the site.
Any payment made online is completely secure, the entire transaction being sent in encrypted mode to the bank validation server managed by the Publisher's partner. The Publisher reserves the right, at any time, to delete, suspend or modify one or other of the payment solutions offered.
On the page following payment, the Subscriber will be asked to enter his/her personal information in order to receive an invoice. The Subscriber must ensure that the information provided is correct before validating the form.
Depending on the Subscriber's location, the invoice may contain VAT on electronic services in accordance with Directive 2006/112/EC. The country of taxation is calculated in accordance with the provisions of this directive.
If a Subscriber subject to intra-Community VAT wishes to make a tax-free payment, he/she must contact customer support to obtain a specific payment link. If this procedure is not followed, the VAT-registered Subscriber will automatically be invoiced VAT as indicated in the previous paragraph.
For legal reasons, once the invoice has been issued, it will no longer be possible to modify the information or change the VAT regime.
The contribution can also be paid by an offline means, in particular by purchasing a single-use code from a reseller. From then on, it is the reseller's conditions of sale that apply to the transaction.
10. Right of withdrawal
In the cases provided for in Article L 121-21 of the Consumer Code, the Subscriber has a right of withdrawal which he may exercise within fourteen calendar days of taking out a Subscription. This right of withdrawal is to be exercised by e-mail with acknowledgment of receipt to the following e-mail address: support@meteo-parapente.com, or by registered letter with acknowledgment of receipt to the address indicated in the preamble to these conditions. This article does not apply to professional users.
11. Service Availability and Indemnification
The Publisher implements all necessary means to ensure the availability of the Services at least 95% of the time (annualized). In the event of unavailability exceeding this threshold, the Publisher will propose a compensatory measure for the Subscriber.
12. Force majeure
The Publisher is not responsible for delays or failures in the performance of the Reserved Services resulting from acts, situations or events beyond its control and not due to a breach by the Publisher, which cannot be reasonably avoided or overcome, and which make it impossible for the Publisher to temporarily or permanently fulfill its obligations under these Specific Conditions.
These events include, but are not limited to, disruption of the supply of meteorological data necessary for the execution of the services, malfunction or disruption of the means of telecommunication necessary for the publication of energy indexes, natural disasters (storms , floods, weather damage, etc.), fires, total or partial workers' strikes, epidemics, transport blockages, computer failures, unavailability of systems, government order or third party, wars, economic sanctions, nuclear apocalypse, or any other event beyond Publisher's reasonable control.
If the Publisher is affected by a case of force majeure, the Subscriber will be notified electronically as soon as possible. If the case of Force Majeure leads to the interruption of the Reserved Services for a period of more than 3 consecutive months, either party will be authorized to terminate the Subscription by notification by e-mail.
In this situation, a reimbursement in proportion to the duration during which access to the Reserved Services was impossible will be made by the Publisher to the Subscriber.
13. Amendments and Waivers
The Publisher reserves the right to modify the Specific Subscription Conditions, and in particular its pricing conditions. The Subscriber will be informed of this the next time he uses Meteo-Parapente. In the event of refusal by the Subscriber of the new revised conditions, the latter may unsubscribe in accordance with the provisions of Article 7.
14. Technical Support
Technical support is provided only by email and exclusively at support@meteo-parapente.com
No request by post, telephone or sent to another email address will be processed.
15. Applicable law
These general conditions are governed by French law.
ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION, OR EXECUTION OF THESE SPECIFIC CONDITIONS FALLS WITHIN THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF CHAMBERY.
16. Consumer mediation
In accordance with article L612-1 of the Consumer Code, the Publisher offers its users, in the very exceptional context of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows: DEVIGNY MEDIATION - contact@devignymediation.fr