V A L L O I R E M O B I

General terms of use

 PREAMBLE

 
These General Terms and Conditions of Use govern the use of the VALLOIRE service available at www.mobi.valloire.com

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.

 

1. DÉFINITIONS

  • Platform : Refers to the web application “MOBI.VALLOIRE” whose purpose is to connect natural persons wishing to book their transport for Valloire.
  • Account : Refers to the means allowing the User to access the Collaborative Space by identifying himself by means of an identifier and a password, which will have been chosen by him during his registration on the Platform.
  • Conditions : Refers to these general conditions of use.
  • Collaborative Space : Refers to the space on the Platform, accessible only to Users through an Account, and allowing them to access the Service.
  • Parties : Refers to the Application Holder and the User.
  • Service : Refers to all the means  made available to the User on the Platform by the Holder in order to ensure the connection of users wishing to carpool.
  • Platform Holder : Refers to SEM VALLOIRE, registered in the Albertville Trade and Companies Register No. 494 940 513.
  • User : Refers to any natural person holding an Account and using the Platform.

 

2. APPLICATION INFORMATIONS 

 

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:
Lyko
60 rue Lucette et René Desgrand
69100 Villeurbanne
www.lyko.tech

Hosting Provider :
OVH
2 rue Kellermann
59100 ROUBAIX
Téléphone : 08 203 203 63

3. OBJECT

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.

 

4. TERMS OF USS AND ACCESS

 

4.1. Plateform

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.

4.2. Collaborative Space

Access to the Collaborative Space by the User requires an Account.

To create an Account, the User must:

  • Have a valid e-mail address and provide VALLOIRE with true and accurate information.
  • Choose a password composed of at least one lowercase letter, one uppercase letter and one number.

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.

 

5. RULES OF CONDUCT

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:

  • Use a username or avatar that is vulgar, aggressive, abusive or defamatory;
  • Attempt to obtain from another User information relating to his Account, such as his username and/or password, or information relating to his personal life;
  • To publish on the Collaborative Space offensive, hateful, racist, discriminatory, denigrating, obscene, vulgar, defamatory or encouraging behaviour that is reprehensible under the law;
  • To publish content on the Collaborative Space that infringes the rights of third parties;
  • To publish on the Collaborative Space content that is not related to the purpose of the Application, including promotional content, advertising, or any commercial solicitation.

More generally, the User is prohibited:

  • To impersonate a third party, another User or to impersonate an employee or representative of VALLOIRE;
  • To resort to piracy, “spamming”, “fishing”, “flooding” or any other malicious action against VALLOIRE and other Users.

 

6. INTELLECTUAL PROPERTY

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.

 

7. DATA SECURITY

 

7.1 User’s personal datas

As part of your use of the Platform, VALLOIRE may collect and process some of your personal data. By using the Platform and registering as a User, you acknowledge and agree to the processing of your personal data by VALLOIRE in accordance with applicable law and the provisions of the Privacy Policy. 

7.2 Cookies

Some Platform pages may use cookies, the purpose of which is to access information stored in the User’s login terminal and in particular to record information relating to the Platform User’s navigation, and to store information that the User entered when logging in. 

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.

 

8. REPORTING OF ILLEGAL ACTIVITIES AND CONTENT

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:

  • the date of notification;
  • if it is a natural person, its full name, profession, domicile, nationality, date and place of birth; if it is a legal person, its form, name, registered office and the natural person legally representing it;
  • the description of the disputed facts and their precise location on the Collaborative Space;
  • and if it is illegal content:
  • the reasons why the content must be removed, including the applicable legal provisions and the justifications for the facts;
  • a copy of the communication addressed to the author or publisher of the disputed content requesting its interruption, removal or modification or justification of the fact that the author or publisher could not be contacted.

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.

 

9. APPLICATION UPDATE

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.

 

10. SUSPENSION – REMOVAL

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.

 

11. RESPONSABILITY

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.

 

12. GENERAL STIPULATIONS

 

12.1. Indivisibility

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. 

12.2. Entire agreement

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.

12.3. Modifications to the conditions

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. 

12.4. Waiver

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.

 

13. DISPUTE RESOLUTION 

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