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BIKESAPP PRO GENERAL TERMS AND CONDITIONS

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

  • The “BIKESAPP PRO Application”: refers to the digital application edited and provided by P.H.I. giving access to the services available in the “Apple Store” by Apple, and “Google Play Store” by Google, to be downloaded by the User on their Apple iOS and Android device. The Application also includes the contents, the software, the programmes, the tools (programming, navigation, etc.), the databases, the operating systems, the documentation and all other elements and services which compose it, the updates and new versions that may be made to the Application by P.H.I. ;
  • The “Editing Company”: refers to the company P.H.I. responsible for editing and the content of the application;
  • “Content”: refers to the texts, the sounds (audio and sound), the videos (audiovisual and multimedia works), the graphic charter, the logos of the partner brands, the images and illustrations, and all the other elements not listed here that compose the BIKESAPP PRO Application;
  • “Site”: refers to the official website of the BIKESAPP PRO application whose address is as follows: bikesapp.fr;
  • “Professional Users” refer to the dealerships or manufacturers using the BIKESAPP PRO Application in the context of their professional activity;
  • “BIKESAPP PRO”: refers to the functionalities and services of the application reserved for professional distribution networks operated by the Manufacturers.
  • “Manufacturers listed at BIKESAPP”: refers to the Manufacturers having entered into a commercial contract with the Company P.H.I. ;
  • “End user”: refers to the private individual who uses the application as a consumer;

 

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:

  • For the Manufacturer

The provision by the Manufacturers of a personalised and updated back-office containing the information, functionalities, tools listed below in a non-exhaustive manner:

  • A general dashboard recording the quantities and status of vehicles delivered to dealerships;
  • A checklist of preparation and delivery for each product completed and updated by the manufacturer for the purpose of monitoring and the procedure of entry and exit of vehicles
  • The recording of the histories of each of the vehicles in the network;
  • The average rating of the sales outlet by the customers, as an option
  • The update of the sales outlet’s network (possibility to create or delete a sales outlet); the creation of a sales outlet is done at the request of the manufacturer addressed by email to P.H.I. (contact@bikesapp.fr) who will proceed to the creation of the sales outlet after receipt of the legal information allowing the identification of the dealership/reseller that the Manufacturer intends to integrate to the sales outlet;
  • The access to sales outlet manager profiles and other users – BIKESAPP PRO professionals registered by the dealerships themselves;
  • Instant email alerts informing the manufacturer of the receipt and condition of vehicles delivered to the dealership;
  • For the Dealership

The provision by the Dealership of a personalised and updated back-office containing the information, functionalities, tools listed below:

  • Dashboard of the stock and the status of the vehicles of the brand distributed by the Dealership;
  • Access to the vehicle history;
  • Follow-up of the vehicle preparation procedure in accordance with the manufacturer’s recommendations;
  • Tracking of the receipt and delivery of vehicles to the End User via access to photographs of administrative documents and specific comments from the latter;
  • Creation and update of professional user profiles (including the author of vehicle preparation) of BIKESAPP PRO application;

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:

  • Apple iPhone mobiles with an iOS operating system (iOS 8 or iOS 9).
  • Mobile phones with Android operating system.

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:

  • Benefit from visibility on the application’s geo-tracked website;
  • Operate a network of dealerships, distributors and resellers.
  • Use the Google route to reach the chosen dealership
  • Call the selected dealership and send them an email;

 

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:

  • to download the BIKESAPP PRO Application on their device exclusively for professional and non-commercial use except as authorised by P.H.I. in the context of an agreement concluded with the User;
  • not to reproduce permanently or temporarily the Application, in whole or in part, by any means and in any form;
  • not to use software or processes intended to copy the Content without the prior written permission of P.H.I.;
  • not to make any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, or Reverse Engineering of all or part of the Application, Services and/or its Content;
  • not to export the Application and not to merge all or part of the Application with other computer programs; Professional Users are, exceptionally, authorised to connect the BIKESAPP PRO application on their CRM platform to allow the transmission and automatic registration of all data relating to the vehicles delivered;
  • not to make short quotes, analyses and reproductions intended for press reviews as well as other uses expressly authorised by the law within the limits and conditions fixed by the latter and subject, in particular, to mentioning the names of the authors and the editorial source;
  • to expressly waive the use of software or devices that may interfere with the proper operation of the BIKESAPP PRO Application, or to take any action likely to impose a disproportionate burden on the infrastructures;
  • not to set up systems likely to pirate the Application and/or the Content in whole or in part, or likely to violate these General Terms and Conditions;
  • to inform P.H.I. of any known act of piracy and in particular of any unlawful or non-contractual use of the BIKESAPP PRO Application and/or the Content regardless of the method of dissemination;
  • not to sell, rent, license or otherwise distribute the Application and its Content to third parties without the express prior permission of P.H.I. ;

 

ARTICLE 11- OBLIGATIONS OF THE EDITING COMPANY

P.H.I. shall make available to the User who accepts:

  • All the services and functionalities of the BIKESAPP PRO application defined in article 2 of these Terms of Use;
  • The right to access the digital Application downloadable via Google Play and the Apple Store under the conditions provided by these Terms;
  • The right to use the Application in accordance with the terms of the license defined in Article 9 hereof.
  • The maintenance of the BIKESAPP PRO Application on the use of BIKESAPP PRO back-office and mobile Applications.

 

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:

  • Failures affecting the internet network and/or the connection to the Wi-fi;
  • The quality of the speed and performance of the Internet connection;
  • The technical unavailability of the connection, whether due to a case of force majeure, maintenance, updating, modification, intervention of the host, an internal or external strike, a network failure, a power failure, or a misconfiguration or use of the device of the User.

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:

  • any direct or indirect damage, in particular with respect to loss of profits, shortfalls, loss of customers, data that may result from the use of the application, or the impossibility of its use;
  • malfunction, unavailability of access, misuse, incorrect configuration of the User’s Device, or the use of a peripheral that is not used or obsolete by the User;
  • content of advertisements and other links or external sources accessible by the user from the application.

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

Personal data is collected and processed under the conditions set out in our privacy policy accessible on the bikesapp.fr website and the BIKESAPP PRO Application.

 

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.

 

ARTICLE 16-CONTACT 

Any questions relating to the BIKESAPP PRO Application and/or its functionalities must be submitted to P.H.I. at the following address:

Email: contact@bikesapp.fr
Address:
P.H.I.
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.