BIKESAPP USER 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”. By installing and/or using the BIKESAPP 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 Application”: refers to the digital application designed, 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 Application;
- “Site”: refers to the official website of the BIKESAPP application whose address is as follows: bikesapp.fr;
- “Users” refers to the consumers using the BIKESAPP Application for strictly private and free purposes;
- “Dealerships” refers to the distributors of two-wheel vehicles, holders of a dealership contract, that are members of the reseller network created in the form of sales outletsvia the BIKESAPP PRO Application by the Manufacturer;
- “Resellers” refers to the distributors of two-wheel vehicles members of the reseller network created in the form of sales outlets via the BIKESAPP PRO Application by the Manufacturer.
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. 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 application.
The use of the application implies the acceptance, by the User, of the entirety of these GTC 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 GTCs are applicable to any User of the BIKESAPP 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 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 services and functionalities offered by the Application are made available to the User by the Manufacturer and accessible from the following tools listed below:
- The vehicle’s digital maintenance book;
- Checklist of use and delivery of the vehicle;
- The vehicle’s technical guide;
- The vehicle history (also called “vehicle timeline”);
- The vehicle User Manual;
- Access to a network of reseller dealerships who are users of the BIKESAPP Application located in a geo-tracked perimeter;
- Geo-tracking enabling the User to freely access the Dealerships’ itinerary as well as their telephone number and email address;
- The option to evaluate the reseller services in the form of 1 to 5 stars for the deliveries of New Vehicles as well as to comment on them, the survey results remain confidential. Manufacturers can access these optionally via Bikesapp services. Dealerships can also have visibility for their sales outlet (option) but only in the form of an average, not including details or comments.
The services and functionalities offered by the Application are made available to the User by the Manufacturer. These documents are saved in the User’s virtual garage. It is the responsibility of the Manufacturer and the User to provide, by means of comments, ratings, photographs, the check-lists of delivery and use, as well as to update them.
The User is entitled to rate the dealerships and resellers from whom he has purchased a vehicle but also to integrate comments via the BIKESAPP application to which the Manufacturer has exclusive access (Bikesapp option). Once delivered, Bikesapp invites the user to rate and comment (in D + 3 for a duration of 15 days as a reminder on the Take delivery, my garage page). Ratings and comments are not distributed to resellers. Access to documents, information and all services made available to the User by the Manufacturer and their updating is the sole responsibility of the Manufacturer. This list of services and functionalities made available to the User is not exhaustive and may be modified at any time by the publishing company without any liability being incurred in this respect by anyone.
Reminder of the methodology of a new vehicle delivery:
In order for the delivery checklists, designed by the manufacturer and specific to each product, to be respected, the application connects the 2 smartphones (dealership and user devices, by using a Qrcode scan function) on the day of delivery so that each user can confirm point by point. This confirmation is deemed official and could be used in case of litigations after the delivery, at the request of the customer, the reseller or the manufacturer.
If one of the two operators does not validate one of the points, the delivery cannot be concluded, it is deemed unfinished, the operators are informed by messages, the procedure is suspended until its conclusion in due form.
It is possible to make a compliant delivery via a Skype type network.
In the case where the user does not have a Smartphone on the day of delivery, the reseller will carry out the checklist on their own terminal. The customer, in this case, will not be able to take advantage of all the functions offered by the application (including time line, user manual etc.)
ARTICLE 5 – ACCESS TO THE APPLICATION
The Application can be downloaded free of charge from the GOOGLE PLAY STORE and APPLE STORE platforms, excluding any subscription costs from the mobile operator, any Internet connection costs and any additional fees charged for loading the data. 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. To access their personal account, the User must first complete the registration form to which they access via the menu and enter the authentication code sent to them by SMS on the Application after receipt of the registration request. This authentication code attached to the User’s phone number is strictly personal to the User and allows to operate the setting and automatic recognition of his mobile phone or smartphone to his personal account. In the event that the User uses the Application from another device than their original one, it is up to them to open an account by adding the initial phone number in the registration form. A new code is then sent free of charge to the User to enable them to pair the new device.
In the event that the User changes telephone operator or telephone number, it is up to them to ask the technical services of the Application for their new access codes to be sent by e-mail from the BIKESAPP Application e-mail or for the website of the publishing company to open a new user account and retrieve their data. This operation is carried out by the technical services of the application, it is deemed free but may be billed at a later stage, particularly depending on the workload generated (example of users who change telephone numbers too often). The User is fully responsible for the use and confidentiality of their login details. To access and use the BIKESAPP Application, the User must have a compatible phone or a mobile device and access to the Internet equipped with a GPS function and a camera.
ARTICLE 6 – GEO-TRACKING
The use of the geo-tracking functionality of the BIKESAPP 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 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 Application, the User can:
- Access a network of dealerships, distributors and resellers who are users of the BIKESAPP Application;
- Use the Google route to reach the chosen dealership;
- Call the selected dealership and send them an email;
ARTICLE 7 – 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 8 – 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 Application. It expressly undertakes that the use of the BIKESAPP 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 9 – USER COMMITMENTS
The User expressly agrees:
- to download the BIKESAPP Application on their device exclusively for personal 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;
- 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 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 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 10- OBLIGATIONS OF THE EDITING COMPANY
P.H.I. shall make available to the User who accepts:
- 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 Application on the use of BIKESAPP back-office and mobile Applications.
ARTICLE 11 – 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 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 mentioned above is not exhaustive. In case of impossibility of access to the BIKESAPP 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 Application at their own risk and under their exclusive responsibility. The BIKESAPP 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 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 Application. In the event that the computer equipment of the User would prove to be incompatible with the use of the BIKESAPP Application, P.H.I. cannot be held responsible. The company PHI can in no way be held responsible for the content of the services, functionalities, technical and legal documents made available to the User by the Manufacturer or the contents of the check-list of delivery and use of the vehicle provided jointly by the User and the Manufacturer. More specifically, the establishment, the content as well as the provision for the benefit of the User of the Digital Maintenance Book, the User Manual, the Technical Guide and the Vehicle Maintenance Timeline are the exclusive responsibility of the Manufacturer. 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. The information, comments and other documents added by the User in the vehicle history are under their exclusive responsibility.
ARTICLE 12 – AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
The applicable GTCs are those in effect on the date of login and use of the BIKESAPP 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 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 13 – PROTECTION OF PERSONAL DATA
ARTICLE 14 – TERMINATION
In the event of a breach by either party of the obligations referred to in Articles 8 “User Licence” and 9 “Commitments of the User”, P.H.I. may proceed to the termination of the contract in accordance with the terms and conditions hereinafter mentioned. It is expressly understood that this termination for breach of their obligations on behalf of a party will take place as of right 30 (THIRTY) days after the sending of a letter of formal notice to comply with all or part of it which has no effect. The formal notice may be notified by registered letter with acknowledgment of receipt or any extrajudicial act. Such notice shall state the intention to apply this clause. In the event of a serious breach of any of its obligations by the User and in particular the non-respect of the intellectual property rights provided for in Article 7 of these general terms and conditions, P.H.I. may notwithstanding the termination clause referred to in the previous paragraph, notify the User by registered letter with acknowledgment of receipt, the incorrect resolution hereof, 8 (EIGHT) days after receipt of a formal notice to comply has been unsuccessful, and this, pursuant to the provisions of Article 1224 of the French Civil Code.
ARTICLE 15 – CONTACT
Any questions relating to the BIKESAPP Application and/or its functionalities must be submitted to P.H.I. at the following address:
Contact email: email@example.com
4, bis rue de la Garenne
17180 PERIGNY, FRANCE
ARTICLE 16 – 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.