VALLOIRE’s purpose is to connect travellers who are natural persons wishing to travel to or from Valloire (hereinafter referred to as the “Customer”) with private and professional drivers offering a carpool, shared shuttle and VTC seat in their vehicle (hereinafter referred to as the “Driver”). The specificity of this service is to set up a network of dynamic lines to Valloire (hereinafter referred to as the “Platform”).
Once they have accessed the Platform and created an account, the people concerned have access to a collaborative space.
Any use of the MOBI.VALLOIRE platform necessarily implies the user’s unreserved acceptance of these conditions, of which he declares that he has read and expressly accepted them by ticking the box “I acknowledge having read the Conditions of Use of the Platform, understand them and accept them” reserved for this purpose.
Plateform Holder :
SEM VALLOIRE, with a share capital of €3,1118,000, registered in the Albertville Trade and Companies Register No. 494 940 513, whose registered office is located at Route de Charbonnières – 73 450 Valloire.
Réalisation of the website:
60 rue Lucette et René Desgrand
Hosting Provider :
2 rue Kellermann
Téléphone : 08 203 203 63
The purpose of the Conditions is to define the rights and obligations of VALLOIRE and the User with regard to access to and use of the Platform.
The Platform is available at www.mobi.valloire.com. It allows Users to access the Service and in particular to book trips or propose trips via the creation of an Account.
The use of the Platform requires access by the User to a telecommunications network which is provided by a telecommunications operator under the User’s sole responsibility.
Access to the Collaborative Space by the User requires an Account.
To create an Account, the User must:
Each User may only have one Account. If VALLOIRE learns that the User has several Accounts, VALLOIRE will delete all of the User’s Accounts under the conditions set out in Article 10 below.
The User is solely responsible for the activity of his Account. At no time must the User reveal the password of his Account to a third party, including a third party who claims to be a User of the Platform, VALLOIRE never taking the initiative, for any reason whatsoever, to contact the User to ask him for his password. If the User discloses his password to a third party, whether another User or any other person, VALLOIRE will delete the User’s Account under the conditions set out in article 10 of the Conditions.
If the User loses his login and/or password, he must then contact VALLOIRE by clicking on the link “I forgot my login and/or password”. After having followed all the instructions provided by VALLOIRE to obtain a new username and/or password, the User will receive on the email address he provided when creating his Account his new username and/or password that he can then customize from the Platform.
To access the Service, the User agrees not to engage in any conduct that could damage VALLOIRE’s image or that of one or more other Users.
Thus, more specifically, the User is prohibited:
More generally, the User is prohibited:
The Platform and each of its component elements, including in particular the graphic charter, data, software, texts, logos of the Platform, are protected by intellectual property law, in particular copyright and/or trademark law.
The Platform and each of its components are the exclusive property of the Platform Holder.
VALLOIRE grants the User a private and non-exclusive right of use of the Platform in accordance with the provisions of these Conditions.
Any other use of the Platform or any of its elements constitutes an infringement of rights and is punishable as such under the Intellectual Property Code, unless prior and express authorization is obtained from the Platform Holder.
The period of storage of the information thus collected is thirteen months from the insertion of the corresponding cookie. The User has the possibility to oppose the recording of these cookies by configuring his mobile phone.
It is expressly stated that VALLOIRE does not have control over the content published on the Platform and that the latter does not have the technical, material and human resources to carry out systematic checks of such content.
If a User notices that another User is violating any of the rules of conduct referred to in Article 5 above and more generally if a User becomes aware of any illegal activity or content, the User must immediately inform VALLOIRE by using the “contact us” function, which appears within the Platform.
The User must therefore communicate to VALLOIRE all necessary information, and in particular:
In the event that the content is illegal and as soon as the veracity of these elements is verified, VALLOIRE will remove the disputed content or make it impossible to access it. It is expressly stated that the fact that a User presents content to VALLOIRE as illegal, even though he knows that the information is inaccurate, is likely to incur criminal liability.
VALLOIRE reserves the right to delete any content appearing on the Collaborative Space that would violate the Conditions and/or to suspend or delete the User’s Account concerned under the conditions referred to in Article 10 below.
Similarly, in the event that it is an illegal activity, VALLOIRE reserves the right to suspend or delete the User’s Account concerned under the conditions referred to in Article 10 below.
VALLOIRE may consider it necessary to update or reset certain parameters of the Platform and its elements.
Thus, VALLOIRE reserves the right to make the Platform evolve, in particular by making new functionalities available, or by modifying or deleting certain functionalities.
These updates, resets, evolutions are likely to temporarily prevent the User from accessing the Platform and/or to lead to a modification of the architecture of the Platform and its elements, which the User expressly acknowledges, VALLOIRE’s liability cannot be engaged in this respect.
VALLOIRE reserves the right to suspend or delete the Account of any User who does not comply with these Terms or applicable laws and regulations.
Any suspension or deletion of the Account will be notified to the User by e-mail sent to the e-mail address previously communicated to him by the User at the time of his registration in the Collaborative Space.
In addition, VALLOIRE reserves the right to return any disputed content to the authorities upon request in the event of a breach of a legal provision.
In addition, VALLOIRE reserves the right to take legal action directly against the offending User in order to obtain compensation for any damage suffered by him as a result.
VALLOIRE cannot be considered as responsible for the content posted by Users on the Collaborative Space, the User being solely responsible for said content to the exclusion of any other person.
VALLOIRE is bound by a single obligation of means in connection with the provision of the Platform and shall in no event be liable for any loss, damage, direct or indirect damage of any kind whatsoever resulting from the management, use, exploitation, interruption or malfunction of the Platform.
The User acknowledges that VALLOIRE cannot in any way guarantee that the Platform will meet any performance requirements or that it will operate without interruption or without bugs.
If VALLOIRE becomes aware of any malfunction or bug in relation to the Platform or any of its components, or is informed of it by a User, then VALLOIRE will make its best efforts to correct such malfunctions or bugs.
In any event, VALLOIRE shall in no event be liable for any direct or indirect damage resulting from the User’s failure to comply with these Conditions, a malfunction of the Platform or its elements, a modification or alteration of the Platform by a User, or any breach of the Platform or its elements.
In any event, VALLOIRE’s liability may not exceed the total amount actually paid by VALLOIRE for the operation of the Platform.
Finally, VALLOIRE may not be held liable if the execution of the Platform is prevented due to a case of force majeure as defined by Article 1218 of the Civil Code and in particular: natural disaster, strike, industrial disputes, state of war, earthquake, fire, explosion, intervention by government authorities, malfunction or interruption of the electricity or telecommunications network.
In the event that a provision of the Conditions is declared invalid, void or unenforceable by a court or arbitrator, this provision is amended to make it applicable and effective as close as possible to what the Parties had intended. If a court or arbitrator declares the amended provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not be affected.
The Terms constitute the entire, entire and exclusive agreement between the Parties with respect to the use of the Platform and supersedes any prior contract or agreement, whether written or oral, having the same purpose.
VALLOIRE reserves the right to modify, supplement or replace the provisions of the Conditions, with effect from the date on which the new conditions are posted on the Platform, or by any other form of notification.
The fact that one of the Parties does not invoke a breach by the other Party of any of the obligations referred to in the Conditions shall not be interpreted in the future as a waiver of the obligation in question.
The Conditions are governed by French law.
In the event of a dispute concerning the interpretation, execution and fulfilment of any of the provisions of the Conditions, the Parties shall confer exclusive jurisdiction on the court having jurisdiction within the jurisdiction of the Court of Appeal of the domicile of the Platform Holder, notwithstanding multiple defendants or warranty claims, even for emergency proceedings or protective proceedings, in summary proceedings or by application