Terms and conditions of use
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS OF USE”) CAREFULLY PRIOR TO USING
AIRCARBON. AIRCARBON IS INTENDED TO USERS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD. THUS, BY
USING AIRCARBON, YOU CONFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND YOU ARE DEEMED TO
HAVE READ AND ACCEPTED THESE TERMS OF USE EXHAUSTIVELY AND UNCONDITIONALLY.
IN CASE OF DISAGREEMENT, IN WHOLE OR IN PART, WITH THESE TERMS OF USE, YOU MUST IMMEDIATELY
CEASE ANY AND ALL USE OF AIRCARBON.
EFFECTIVE VERSION AS OF JANUARY 1ST 2024.
ARTICLE 1 – DESCRIPTION OF AIRCARBON AND SERVICES
1.1. Description of AirCarbon. AirCarbon provides real-time estimates of an airport’s
carbon emission and information regarding fuel efficiency of the aircraft operating on the
airport. Carbon emissions are usually classified into three different scopes that sum up as
follows:
- Scope 1 corresponds to direct emissions produced by fix and mobile sources;
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Scope 2 corresponds to indirect emissions related to electricity and heat consumption;
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Scope 3 corresponds to other indirect emissions. In the case of an airport, indirect
emissions can be either related to the air transportation (aircraft, luggage handling,
ground vehicles, etc.) or induced by the airfield (industrial activities, administrative
offices, people and cargo transportation).
95% of airports’ carbon emissions originate from Scope 3, mainly corresponding to aircraft
operations and passengers’ transport to access the airport. AirCarbon mainly focuses on
these sources of emissions.
1.2. Services. Depending on the current availability of the Services, the User may access,
consult and/or download the Carbon Emissions and Fuel efficiency data for various airports in
the world.
ARTICLE 2 – PURPOSE OF THE TERMS OF USE
These Terms of Use rule the binding relationship between Ardian and any User willing to access
and/or use AirCarbon and the Services. As such, the Terms of Use constitute a contractual
agreement between Ardian and the User.
ARTICLE 3 – EFFECTIVE DATE AND DURATION
The Terms of Use enter into force upon first access by the User to AirCarbon and shall remain
into force and applicable for the entire duration of the User’s utilisation of
AirCarbon.
ARTICLE 4 – DEFINITIONS
The terms and expressions used with a capital letter in the Terms of Use shall have the meaning
defined in this Article 4, used either as singular or plural:
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“AirCarbon” shall mean the platform developed, operated and owned by
Ardian, accessible at https://app.air-carbon.com, which gives Users access to Carbon
Emissions and Fuel Efficiency Data.
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“Ardian”: shall mean Ardian France, Société anonyme à
Directoire et Conseil de Surveillance with a share capital of €269,447, registered at
the Paris trade register (RCS Paris), under the number 403 201 882 RCS, having its
registered office at 20, place Vendôme - 75001 Paris.
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“Carbon Emissions and Fuel Efficiency Data”: shall mean the carbon emission and
fuel efficiency data related to specific airports, processed by Ardian according to the
best-practice emissions calculation methdologies from the Airport Carbon Accreditation and
displayed on AirCarbon.
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“Intellectual Property Rights”: shall mean trademarks, service marks, trade
names, domain names, logos, get-up, goodwill, patents, inventions, registered and
unregistered design rights, copyrights (“droits d’auteur”) and related
rights, software, semi-conductor topography rights, database rights, rights in information
(including know-how and trade secrets) and all other similar rights in any part of the
world, including, where such rights are obtained or enhanced by registration, any
registration of such rights and applications and rights to apply for such registrations
(comprising corresponding priority rights), together with all associated rights to sue for
infringement, passing off or unfair competition.
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“Access Link” shall mean the link the User was personally granted by Ardian or
on its behalf in order to access AirCarbon.
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“Parties” shall mean Ardian and the User, each individually referred to as
“Party”.
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“Services”: shall mean any and all functionalities of AirCarbon, available to
the User, including but not limited to, accessing, consulting and, where applicable,
downloading the Carbon Emission and Fuel Efficiency Data.
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“User”: shall mean any natural person using AirCarbon in order to benefit from
the Services. “You” refers to the User.
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‘User Data”: shall mean the data, i.e., all information created, acquired,
aggregated or archived by the User, including personal data, through or for the purpose of
using AirCarbon and the results of processing carried out with this information regarding
the use of AirCarbon by the User.
ARTICLE 5 – AMENDMENT OF THE TERMS OF USE
The Terms of Use may be updated from time to time as Ardian may deem necessary or useful. The
User shall be notified by any appropriate means of the latest update and will be required to
agree to the Terms of Use as amended to pursue the use of AirCarbon.
In the event the User does not agree to the Terms of Use, including as amended, the User shall
cease any and all utilisation of AirCarbon.
ARTICLE 6 – BREACH OF THE TERMS OF USE
If the User’s utilisation of AirCarbon, the Services and/or Carbon Emissions and Fuel
Efficiency Data is deemed in breach of the Terms of Use, whether as a result of a substantial
violation or repeated minor violations, Ardian reserves the right to take, with or without
notice, any remedial action it deems appropriate.
In particular, in accordance with Article 11 “Suspension and Termination”, Ardian
reserves the right to:
- Delete, revoke, suspend and/or terminate the User’s access to AirCarbon;
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Limit, suspend and/or terminate all or part of the Services available to the User; and/or
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Limit, suspend and/or terminate the User’s right to use the Carbon Emissions and Fuel
Efficiency Data.
Such actions may be taken individually or in combination with others, including any legal action
that may be available to Ardian.
User acknowledges that any breach of the provisions of Article 8 “Undertakings of the
Parties” and Article 9 “Intellectual Property” shall be deemed substantial
violations of the Terms of Use.
ARTICLE 7 – CONNECTION TO AIRCARBON
7.1. Connection to AirCarbon. The User should connect to AirCarbon through the Access Link
sent by e-mail.
7.2. Authentication. Access to AirCarbon is limited to Users who have previously entered
their e-mail address on the form at www.air-carbon.com.
The User is the sole responsible for the Access Link security. Consequently, the User shall
comply with the following obligations:
The User commits to take all appropriate measures to ensure that the Access Link remains
confidential, personal and safe, notably by refraining from sharing the Access Link with anyone
else (including, without limitation, colleagues and co-workers);
7.3. Access to AirCarbon. Users are personally responsible for setting up the IT and
telecommunications resources required to access AirCarbon. They shall bear the cost of
telecommunications when accessing the Internet using AirCarbon.
Ardian reserves the right to, without notice nor compensation, temporarily or permanently, close
AirCarbon or access to one or more Services in order to perform maintenance operations.
Ardian may carry out any changes and improvements to AirCarbon and Services that it deems
necessary.
ARTICLE 8 – UNDERTAKINGS OF THE PARTIES
8.1. Undertakings of the User. The User hereby represents, warrants, and agrees that, when
accessing and/or using AirCarbon and Services, the User shall refrain from any act and/or
omission which could, in any way whatsoever:
- damage Ardian’s interests, rights and/or reputation;
- damage third parties’ interests, rights and/or reputation;
- violate any legal and/or regulatory rules or requirements applicable;
- be deemed contrary to public order;
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be deemed harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or
otherwise objectionable;
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jeopardize the security of AirCarbon or anyone else’s; attempt, in any manner,
to obtain any security information from any other User; violate the security of any computer
network, or cracks any passwords or security encryption codes; run any form of
auto-responder or “spam” on the Services, or any processes that run or are
activated while the User is not logged into AirCarbon; disturb, hinder and/or prevent the
proper functioning of the Website by actions or omissions of any kind whatsoever (notably by
downloading viruses or malicious code whatsoever or by performing hacking activities of any
nature or that otherwise interfere with the proper functioning of AirCarbon and Services);
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use AirCarbon in a manner that may damage, disable, overload or impair the proper
functioning of AirCarbon and its Services;
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use any Intellectual Property Rights contained in or accessible through AirCarbon for the
purpose of building a competitive product or service or copying its features or user
interface;
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use AirCarbon and Services, including the Carbon Emissions and Fuel Efficiency Data, for
commercial or mercantile purposes or for the purpose of monitoring AirCarbon and
Services’ availability, performance, functionality or for any other benchmarking or
competitive purposes;
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extract or reuse all or part of the data contained in AirCarbon, with the exception of
Carbon Emissions and Fuel Efficiency Data in accordance with Article 9 “Intellectual
Property”;
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where applicable, communicate false information, impersonate any other person or entity,
falsify or conceal the User’s identity or invade the privacy of any other User or
third-party.
and in general, undertakes to make fair use of AirCarbon and the Services, in compliance with
the Terms of Use.
The User acknowledges that any violation of these provisions entitles Ardian to take any
remedial actions it deems necessary, including termination, revocation, suspension and/or
limitation of the User’s right to access and use AirCarbon, the Services and/or the Carbon
Emissions and Fuel Efficiency Data, as per Article 11 “Suspension and Termination”,
and to take any legal action against such violation.
Ardian reserves the right to take any action it may deem appropriate (including notably
investigating and bringing legal action) to remedy the User’s non-compliance with the
User’s obligations as specified under these Terms of Use.
8.2. Undertakings of Ardian. Ardian shall make its best efforts to deploy the necessary
resources to ensure Users’ access to and effective operation of AirCarbon twenty-four
hours a day (24/24h) and seven days a week (7/7).
However, given the limitations related to the Internet, Ardian cannot exclude that access and
operation of AirCarbon may be interrupted, in particular in event of force majeure, malfunction
of the Users’ equipment, malfunctions of the Users’ Internet networks and/or
maintenance operations designed to improve AirCarbon.
ARTICLE 9 – INTELLECTUAL PROPERTY
9.1. Property of AirCarbon. AirCarbon and its content, including the Carbon Emissions and
Fuel Efficiency Data, are the exclusive property of Ardian. The Terms of Use shall under no
circumstances be interpreted as a transfer of any of Ardian’s rights of any kind.
Any content not provided by the User or expressly licensed by Ardian, including data,
functionality, text, names, designations, images, photographs, graphic elements, trademarks,
sounds, files, technologies, know-how, and, more generally, all Intellectual Property Rights
relating to AirCarbon and its content, are the exclusive property of Ardian and/or its
licensor.
None of these elements shall be downloaded, extracted, copied, modified, deleted, distributed,
transmitted, broadcast, sold, rented, conceded or exploited in any way whatsoever, except as
expressly authorized in these Terms of Use or by prior and written consent of Ardian.
9.2. License to use AirCarbon. Subject to the User continued and strict compliance with the
Terms of Use, Ardian grants the User a worldwide, royalty-free, non-exclusive, non-transferable,
non-sublicensable and revocable right to access and use AirCarbon and its Services, for the
duration of the Terms of Use, and for non-commercial purposes only.
The rights granted to the User in relation to AirCarbon are limited to those described in the
Terms of Use. Ardian reserves all rights related to AirCarbon not expressly granted to the
User.
In this regard, Users shall not, directly or indirectly, without being expressly authorised in
these Terms of Use or by prior and written consent of Ardian, in any way whatsoever:
- use AirCarbon and its Services for commercial or mercantile purposes;
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copy, modify, communicate, transmit or create any derivative work, use or reproduce all or
part of AirCarbon (including the Carbon Emissions and Fuel Efficiency Data), and related
Intellectual Property Rights of Ardian;
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decompile, disassemble AirCarbon, reverse engineer or attempt to discover or reconstruct the
source code, the ideas on which it is based, the algorithms, the file formats or the
programming or interoperability interfaces of AirCarbon except to the extent permitted by
the legislation in force, in any manner whatsoever. In the event the User wishes to obtain
the information necessary to implement the interoperability of AirCarbon with other software
developed or independently acquired by the User, for use in accordance with the destination
of AirCarbon, the User undertakes, before relying on a third party, to first consult Ardian
which may provide the necessary information for the implementation of such interoperability.
The User acknowledge that, where appropriate, the exact cost generated internally at Ardian
for providing this information will be invoiced by Ardian to the User;
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proceed alone, or with help of a third-party service provider, to the correction of any
errors in AirCarbon in order to make it conform to her/his own purposes, Ardian alone
reserving for itself the exercise of this right in accordance with exceptions provided by
legislations in force;
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remove or modify any reference or indication relating to the property rights, including
Intellectual Property Rights, of Ardian or any third-party;
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integrate or combine AirCarbon with other software or documents or create composite or
derivative works with help of all or parts of AirCarbon; and/or
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in general, access, download, upload, share, communicate any content and/or use AirCarbon in
a way that may infringe the rights, including Intellectual Property Rights, of Ardian or
third parties or damage the reputation of Ardian.
9.3. License to use the Carbon Emissions and Fuel Efficiency Data. Subject to the User
continued and strict compliance with the Terms of Use, Ardian grants the User a worldwide,
royalty-free, non-exclusive, revocable, transferable and sublicensable right to access, consult,
use and exploit the Carbon Emissions and Fuel Efficiency Data in any way or medium whatsoever,
except for the data collected directlty from airport operational databases which is only
available for the customer airport, for the legal duration of the Intellectual Property Rights
and for non-commercial purposes only.
The rights granted to the User in relation to the Carbon Emissions and Fuel Efficiency Data are
limited to those described in the Terms of Use. Ardian reserves all rights related to the Carbon
Emissions and Fuel Efficiency Data not expressly granted to the User.
In this regard, Users shall not, directly or indirectly, without being expressly authorised in
these Terms of Use or by prior and written consent of Ardian, in any way whatsoever:
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use, exploit, transfer and/or sublicense all or part of the Carbon Emissions and Fuel
Efficiency Data for commercial or mercantile purposes or in a way that would involve any
kind of financial consideration or profit;
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alter or otherwise undermine the accuracy of the Carbon Emission and Fuel Efficiency Data;
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use and/or exploit all or part of the Carbon Emissions and Fuel Efficiency Data without
reference to Ardian as originator of such data; and/or
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in general, use and/or exploit the Carbon Emissions and Fuel Efficiency Data in a way that
may infringe the rights, including Intellectual Property Rights, of Ardian or third parties
or in any way damage the reputation of Ardian.
9.4. Rights granted by the User. The User hereby grants Ardian a worldwide, transferable,
sublicensable, irrevocable and royalty-free right to host, store, use, copy, display, reproduce,
adapt, translate, edit, publish, distribute and modify the User Data and all information the
User provides to Ardian when accessing AirCarbon and/or using the Services.
User represents and warrants that User Data and all information provided to Ardian are accurate
and up to date and that the User has the right to communicate such information.
9.5. Disclosure. User acknowledges and agrees that Ardian may access, retain, disclose
and/or make available the Carbon Emissions and Fuel Efficiency Data and/or User Data and any
information or content provided by the User if Ardian is required to do so by law, or if it
deems it necessary in order to:
- comply with a legal process;
- enforce these Terms of Use;
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respond to any claim related to the Carbon Emissions and Fuel Efficiency Data and/or User
Data or information and content provided by the User;
- respond to the User’s requests for customer service or assistance;
- preserve the rights of Ardian as well as those of third parties.
ARTICLE 10 – WARRANTY AND LIABILITY
10.1. Liability of Ardian. It is expressly agreed that Ardian’s obligations under
these Terms of Use are obligations of means (“obligation de moyens”).
The User expressly acknowledges that AirCarbon, Services and Carbon Emissions and Fuel
Efficiency Data are provided by Ardian “as is”. Other than as provided in these
Terms of Use and to the fullest extent permissible by applicable law, Ardian makes no other
warranties or representations, express or implied, and hereby disclaims all implied
warranties.
No Information provided on AirCarbon is ever guaranteed in any way whatsoever. The User
expressly acknowledges that all figures used in relation to AirCarbon come from various sources
of information. Consequently, information provided (including Carbon Emissions and Fuel
Efficiency Data) is provided for information purposes only and has no contractual value nor
constitute any recommendation of any kind from Ardian. Ardian does neither represent nor warrant
that such information is ultimately complete, accurate, up-to-date and/or fitted to the
User’s individual requirements, needs and situation. As a result, the User shall take any
and all steps to check and verify the completeness, accuracy, validity and suitability of any
and all information accessible on AirCarbon.
Ardian is in no way liable in respect of any hypertext links to other companies that may be
accessible on AirCarbon. In this respect, please note that Ardian neither has any control over
the content published by such third parties nor monitors such content. As a result, Ardian shall
in no event be held liable in respect of any content published by third parties whatsoever. The
User is hereby invited to read the terms and conditions governing third-party pages and websites
the User accesses after clicking on hypertext links displayed on AirCarbon and related website
pages.
Ardian does not warrant that the User’s access and use of AirCarbon and the Services will
be uninterrupted, timely and free from errors, malfunctions, viruses and malicious codes of any
kind whatsoever.
The User expressly acknowledges and accepts that electronic communications may not be free from
interferences with third parties. Ardian shall in no event be liable for any damages, losses,
costs, expenses and loss of profit, of whatever nature and kind, resulting from or arising out
of such interference with third parties through the Internet network.
10.2. Limitation of liability. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT DAMAGES CAUSED TO THE OTHER PARTY IN
RELATION TO ACCESS AND/OR USE OF AIRCARBON.
ANY LIMITATION OF THE USER’S LIABILITY ARISING FROM GENERAL TERMS AND CONDITIONS OR ANY
OTHER SIMILAR DOCUMENT OF THE USER IS DEEMED UNWRITTEN FOR THE PURPOSE OF THESE TERMS OF USE.
ARTICLE 11 – SUSPENSION AND TERMINATION
11.1. Suspension and limitation. If the User’s utilisation of AirCarbon is deemed in
breach of the Terms of Use, whether as a result of a substantial violation or repeated minor
violations, Ardian reserves the right to limit or suspend, temporarily or permanently, as of
right, without any indemnification, compensation or refund whatsoever being owed and without any
prejudice to any legal action that Ardian may be entitled to, the User’s access to
AirCarbon, the Services available to the User and/or the User’s rights on the Carbon
Emissions and Fuel Efficiency Data as granted under these Terms of Use.
Ardian’ s liability shall not be incurred in the event the suspension or revocation of the
User’s rights results from a report by a third-party or a court injunction which
eventually turns out to be groundless.
Ardian shall inform the User, with a seven (7) calendar days prior notice, of its decision to
suspend or limit the User’s rights, by any available means, including email.
Restoration of the User’s rights shall only be effective once Ardian has established that
the conditions which motivated the suspension or limitation have disappeared and that the User
is deemed, to the sole discretion of Ardian, presenting the necessary guarantees to justify the
restoration of the User’s rights.
11.2. Termination. If the User’s utilisation of AirCarbon is deemed in breach of the
Terms of Use, whether as a result of a substantial violation or repeated minor violations,
Ardian reserves the right to terminate, ipso jure, without any compensation and prejudice to any
legal action that Ardian may be entitled to, the User’s access to AirCarbon, the Services
available to her/him and/or the User’s or related Partner’s rights on the Carbon
Emissions and Fuel Efficiency Data as granted under these Terms of Use.
User may terminate her/his access to AirCarbon at any time.
ARTICLE 12 – PERSONAL DATA
All information relating to the processing by Ardian of the User’s personal data is
integrated into these Terms of Use by reference to the applicable privacy policies available to
the link Privacy policy in the footer of the Website.
ARTICLE 13 – MISCELLANEOUS
13.1. Publicity. Without prejudice to the User’s obligations under Article 9.3 of the
Terms of Use, the User agrees to obtain the written consent of Ardian prior to the issuance of
any press release or other public disclosure regarding the existence of AirCarbon or any of the
terms and conditions hereof, which consent shall be within Ardian’s sole
discretion. Links to AirCarbon are only allowed with the express written agreement of
Ardian.
13.2. Assignment. Ardian may transfer all or part of its rights and obligations under these
Terms of Use to any entity, subsidiary or third-party, including, but not limited to, in case of
merger, division, partial asset transfer or full or partial business disposal.
The User shall not transfer all or part of its obligations under these Terms of Use, in any way
whatsoever, without the express prior written agreement of Ardian.
13.3. Relationships. The relationship established between Ardian, and the User is that of
independent and autonomous Parties. The Terms of Use shall apply exclusively for the purpose
defined above and do not contain any form or intention to set up a de jure or de facto company,
the Parties being devoid of any affectio societatis. No provision in the Terms of Use may be
interpreted as giving one of the Parties the ability to manage the other Party’s
activities.
13.4. Notices. Unless otherwise provided herein, any notice to be given hereunder must be
in writing and may be delivered by email. Notices are deemed to be received twenty-four (24)
hours after being sent, unless the sender is notified of the invalidity of the recipient’s
email address.
13.5. Validity. In the event any one or more of the provisions of these Terms of Use are
unenforceable, it shall be stricken from the applicable document, but the remainder of the Terms
of Use shall be unimpaired. The provisions declared unenforceable shall be replaced by the
provisions that are closest in meaning and scope to the initial provisions.
13.6. Electronic Communications. In accordance with the provisions of Articles 1365 and
subsequent of the French Civil Code, the User acknowledges and agrees that information exchanged
between the User and Ardian in electronic format (notably by email) shall be deemed valid means
of proof, equivalent to information in paper format.
13.7. Local rules and regulations. The laws and regulations of the country from which
the User accesses AirCarbon may contain restrictions on the distribution of the information
AirCarbon contains. If this is the case, this information may not be distributed or used by any
natural person or legal entity. Such natural persons and legal entities shall be obliged to
inform themselves of and to observe any such restrictions.
ARTICLE 14 – GOVERNING LAW
The validity of these Terms of Use and any of its terms and provisions, as well as the rights
and duties of the Parties hereunder, shall be governed, interpreted and enforced in accordance
with the laws of France.
In the event of a dispute arising between the Parties regarding the interpretation, execution or
termination of these Terms of Use, the Parties shall endeavour to resolve such issue through
amicable means. Failing so, the most diligent Party shall refer the dispute to competent
jurisdictions.
