The present general terms and conditions, hereinafter called GTC are intended to determine the rules of use of the mobile application hereinafter referred to as “BIKESAPP PRO”.
By installing and/or using the BIKESAPP PRO application on their device, the User accepts unconditionally and without reservation the entirety of the present GTC and agrees to respect them without conditions.
ARTICLE 1- DEFINITIONS
ARTICLE 2- NOTICE REQUIRED BY THE LAW ON CONFIDENCE IN THE DIGITAL ECONOMY
The present application is published by the SARL P.H.I.
Legal information concerning the publisher of the application, including contact information and any capital and registration information, is provided in the legal notice of the application published on the bikesapp.fr site. The information about the collection and the processing of personal data (policy and declaration) is provided in the policy of protection of personal data accessible from the bikesapp.fr site and BIKESAPP PRO application.
The use of the application implies the acceptance, by the User, of the entirety of these GTCs that they acknowledge the very fact of having fully understood. This acceptance will be deemed to have the same value as a handwritten signature on behalf of the User. The User recognises the proof value of the automatic registration systems of the publisher of the application and, unless able to provide evidence to the contrary, will not contest this proof in the event of a complaint. Acceptance of these terms and conditions implies that users have the necessary legal capacity for this purpose.
ARTICLE 3 – APPLICATION OF GENERAL TERMS AND CONDITIONS
The present GTCs are applicable to any User of the BIKESAPP PRO Application as designated in Article 1 and provide a framework for the use of the Services and Functionalities made available to them. By downloading the BIKESAPP PRO Application, the User accepts the GTCs to which they can access via a hyperlink available on the BIKESAPP Application homepage.
ARTICLE 4 – SCOPE OF THE APPLICATION
The main purpose of the Application is to provide Users with the following functionalities and services:
The provision by the Manufacturers of a personalised and updated back-office containing the information, functionalities, tools listed below in a non-exhaustive manner:
The provision by the Dealership of a personalised and updated back-office containing the information, functionalities, tools listed below:
This list of services and functionalities is not exhaustive and may be modified at any time by the Publishing Company without any liability being incurred by any person whatsoever. P.H.I. reserves the right to offer paying options to the Dealerships and Manufacturers.
ARTICLE 5 – ACCESS TO THE APPLICATION
The functionalities, tools and access to information of the BIKESAPP PRO Application are made available to the Manufacturer in accordance with the terms and conditions provided for in the commercial contract concluded with P.H.I. This provision for the benefit of the Manufacturer is charged, its cost is likely to evolve according to the options chosen by the Manufacturer. The access codes and login details are assigned individually by P.H.I to the Manufacturers after the signing of the commercial contract.
Access to the service is possible for the User by using their login details from any mobile phone, desktop or laptop computer. The Manufacturer delivers to the Dealerships from whom they get the BIKESAPP PRO Application login details and passwords allowing their integration on the network of professionals created by the Manufacturer via the Application. The User remains solely and fully responsible for the use and confidentiality of their login details. To access and use the BIKESAPP PRO Application, the Users must have a compatible phone or a mobile device and access to the Internet equipped with a GPS function and a camera. The Application is downloadable from the “Apple Store” and “Google Play Store” platforms on the following mobile devices:
The Android system version is likely to be updated to add new features and services. The updates of the application software regularly offered by P.H.I. are the sole responsibility of the User. In this regard, any Application downloaded by a User has a validity period limited in time, given the updates to be downloaded imperatively and any technical, legislative or regulatory developments, of which the company P.H.I. does not have control. The services and functionalities are accessible to the User at any time 24 hours a day, 7 days a week, with the exception of maintenance periods under the conditions defined below.
ARTICLE 6 – GEO-TRACKING
The use of the geo-tracking functionality of the BIKESAPP PRO Application requires the prior express consent of the User to be geo-tracked. For this purpose, the User must activate the geo-tracking function if they wish, directly in the settings of their mobile phone and accept that the BIKESAPP PRO application uses it. This functionality can at any time, and at no cost, be disabled or enabled.
With the acceptance of the GPS geo-tracking function of the mobile phone and the BIKESAPP PRO Application, the User can:
ARTICLE 7- FINANCIAL TERMS
The Application can be downloaded from the GOOGLE PLAY STORE and APPLE STORE platforms free of charge, excluding any subscription costs from the mobile operator, any Internet connection costs and any additional fees charged for loading the data. The use of the services and functionalities of the BIKESAPP PRO Application by the Manufacturers is chargeable. The provision of the services and functionalities of the Application as well as the other options offered by the Application and proposed by the Publishing Company will be the subject of a commercial contract concluded intuitu personae between the Company P.H.I. and the Manufacturer.
ARTICLE 8 – INTELLECTUAL PROPERTY RIGHTS
The company, P.H.I., is the exclusive owner of all intellectual property rights relating to the application, its content and/or services. As such, P.H.I. is the sole owner of all intellectual property rights over textual, graphic, sound, video, software or of any other nature forming part of the application.
None of the legal provisions of these GTCs can be interpreted as a cession, a transfer, a sale, a concession, a license, a loan, a rental, an authorisation of operation, granted directly or indirectly by P.H.I. for the benefit of the User on the Application, its content and/or Services.
ARTICLE 9 – USER LICENCE
P.H.I. grants, to the Professional User, a personal right to use the application, content and services, non-exclusive, voidable, non-assignable, non-transferable, worldwide and free only for their own business needs in connection with the use of the application and the services, to the exclusion of any other purpose. The User does not acquire any intellectual property rights in the Application, the Content and/or the Services or any rights other than those conferred by the present.
This license does not confer any right of use on the content of the BIKESAPP application infringing the intellectual property rights enjoyed by P.H.I. It is therefore prohibited to reproduce, represent, adapt and/or exploit the content of the BIKESAPP PRO Application. It expressly undertakes that the use of the BIKESAPP PRO Application does not in any way affect the rights of P.H.I., and in particular that such use does not constitute an act of counterfeiting, unfair or parasitic competition of the content.
ARTICLE 10 – USER COMMITMENTS
The User expressly agrees:
ARTICLE 11- OBLIGATIONS OF THE EDITING COMPANY
P.H.I. shall make available to the User who accepts:
ARTICLE 12 – LIMITATION OF LIABILITY
The company P.H.I is held only by an obligation of means; its responsibility cannot be engaged for a damage resulting from the Application BIKESAPP PRO such as loss of data, intrusion, virus, service failures, or others.
P.H.I. in particular, cannot be held responsible for service failures caused by malfunctions related to outside causes or the occurrence of an event of force majeure.
For example, P.H.I. cannot be held responsible for the consequences of:
The list of examples below is non-exhaustive. In case of impossibility of access to the BIKESAPP PRO Application, due to technical problems or any kind, the User will not be able to claim damages and cannot claim any compensation.
The User expressly admits to using the BIKESAPP PRO Application at his own risk and under their exclusive responsibility. The BIKESAPP PRO Application provides the User with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist.
In any case, P.H.I. will in no way be held responsible for:
It is the sole responsibility of the User to protect their technical and computer equipment against any form of intrusion or viruses likely to affect them, which P.H.I. cannot be held responsible for.
It is the exclusive responsibility of the User to protect their own data collected and recorded CRM against any attack whatsoever (virus, hacking, without this enumeration being exhaustive).
The use of the BIKESAPP PRO Application is strictly personal to the User and incurs their exclusive responsibility.
The User is solely responsible for the installation, operation and maintenance of their computer hardware required for the use of the BIKESAPP PRO Application.
In the event that the computer equipment of the User would prove to be incompatible with the use of the BIKESAPP PRO Application, P.H.I. cannot be held responsible.
The Manufacturer is solely responsible for the content and more particularly the information recorded in the Mobility Product Technical Guide.
P.H.I. cannot be held responsible for any omissions and/or errors registered by the Manufacturer in the aforementioned Technical Guide. In the same way, the collection, the recording and the update of the data registered in the checks-lists of preparation and delivery of the vehicles is the sole responsibility of the Manufacturers.
ARTICLE 13 – AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
The applicable GTCs are those in effect on the date of login and use of the BIKESAPP PRO Application by the User.
P.H.I. reserves the right to modify at any time all or part of the GTC without prior notice or information of Users in order to adapt to changes in services, technical developments, legal or case law or when setting up new services.
Any changes made by P.H.I. will be brought to the attention of Users by their mere posting online.
These modifications are deemed accepted without reservation by any User who accesses the BIKESAPP PRO Application after their posting.
P.H.I. therefore invites all Users to regularly consult the General Terms and Conditions. Any new service incorporating new techniques or new characteristics improving the quality of existing Services will also be subject to these CGTs unless expressly provided otherwise, provided that it is the responsibility of the User to update its applications via the stores.
ARTICLE 14 – PROTECTION OF PERSONAL DATA
ARTICLE 15 – TERMINATION
P.H.I. may terminate the use of the BIKESAPP PRO Application subject to a notice period of 15 clear days beginning to run from the date of receipt or failing this, the date of first submission of a letter of formal notice without a successful acknowledgment of receipt, and this without notice, without judicial or other formality and without prejudice to any other rights or actions to which it may be entitled.
The preceding paragraph is applicable subject to the special provisions stipulated in the commercial contracts concluded between the company P.H.I and the Manufacturer which will prevail over these General Terms and Conditions.
Any questions relating to the BIKESAPP PRO Application and/or its functionalities must be submitted to P.H.I. at the following address:
4, bis rue de la Garenne
17180 PERIGNY, FRANCE
ARTICLE 17 – LITIGATION AND APPLICABLE LAW
These General Terms and Conditions are subject to French law.
All litigations to which the GTCs may arise, as regards their validity, interpretation, execution, resolution, consequences and results that will not result in an amicable agreement will be submitted to the Commercial Court of LA ROCHELLE, FRANCE.