DRIVECO (“DRIVECO“) is a simplified joint stock company (société par actions simplifiée) with capital of EUR 453,433, incorporated under the laws of France, having its registered office at 34, avenue des Champs-Elysées 75008 Paris, registered in the Paris Trade and Companies Register under number 818 943 938.
The purpose of these terms of use (the “TOU”) is to determine the terms of use of the “DRIVECO” mobile application developed by DRIVECO.
Any installation and/or access to the Application by a User implies full and unreserved acceptance of the TOU by the User.
DRIVECO is committed to the safety of the Application’s Users. Therefore, Users must be vigilant and not use the Application while driving a vehicle.
DEFINITIONS
For the purposes of these TOU, capitalized terms shall have the meanings set out below:
“Application” means the “DRIVECO” application edited and published by DRIVECO and available on the “App Store” and “Google Play Store” platforms enabling a User to access the Service. The Application includes all the elements composing the Application, and in particular its Content, source code, object code, databases and documentation. The Application may be updated at any time by DRIVECO. DRIVECO reserves its right to add or remove any feature and/or the Service from the Application.
“Charging Service” refers to the charging service for full electric or hybrid vehicle that may be provided to the User by the Application, the conditions of provision of this service being governed by the TOUS.
“Content” refers to all graphic, literary and sound elements that make up the Application, in particular drawings, illustrations, images, photographs, logos, trademarks, icons, acronyms, audiovisual works and multimedia works.
“DRIVECO Network” refers to the network of charging stations set up by DRIVECO and available as part of the Charging Service.
“Service” refers to the possibility for the User, as part of a normal and reasonable use, to benefit from the features and services offered by the Application, and in particular the possibility to identify the charging stations belonging to the DRIVECO Network available in its geographical area and to use the Charging Service.
“TOUS” means the terms of use and sale of the Charging Service as available on the Application and at the following address https://driveco.com/cguv
“User” means an individual downloading and/or using the Application.
“User Account” refers to the user account available to the User through the DRIVECO Application.
“Web Portal“: refers to the internet page set up by DRIVECO to enable the User to access the Charging Service.
CONDITIONS OF USE OF THE APPLICATION
DRIVECO grants the User a personal, non-exclusive, limited-term, revocable, non-transferable, non-sublicensable license to use the Application to enable him/her to benefit from the Service, solely for his/her personal needs, for non-commercial purposes, to the exclusion of any other purpose.
This license is granted free of charge to the User for the whole world.
The User undertakes not to carry out, allow or facilitate, directly or indirectly, any action likely to damage, disrupt and/or degrade the proper operation, integrity, availability or security of the Application and/or the Service, as well as any action intended to capture DRIVECO’s know-how, in particular any act of decompilation, disassembly or reverse engineering on all or part of the Application and/or the Service.
The license does not grant the User any right to use the Content.
Any modification, adaptation, translation, compilation, reproduction of the Application and/or the Content by the User, by any means and in any form, is prohibited without the prior written consent of DRIVECO.
The User may not extract, copy, save or print data from the database and/or the Content of the Application and/or the Service. The use of robots, software or any other means to access and/or extract data and/or Content from the Application is prohibited.
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THE USER MUST NOT USE THE APPLICATION WHILE DRIVING HIS/HER VEHICLE: THE USER IS SOLELY RESPONSIBLE FOR HIS/HER DRIVING AND FOR ANY CONSEQUENCES THAT MAY ARISE FROM FAILURE TO COMPLY WITH THIS CONDITION, AND DRIVECO SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USER’S USE OF THE APPLICATION WHILE DRIVING A VEHICLE.
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Any use by the User of the Application and/or the Service for illegal or immoral purposes, with a view to harming a third party, or for purposes not expressly authorized by these TOU is strictly prohibited.
In the aforementioned case, DRIVECO may at any time decide to suspend the User’s access to the Application and/or terminate the provision of the Application.
DRIVECO may, at any time, withdraw from the User the licence to use the Application referred to in this article.
INTELLECTUAL PROPERTY
All intellectual property rights relating to the Application, the Content and the Service, in particular copyrights, rights relating to trademarks and industrial designs are the property of DRIVECO, or are validly granted to DRIVECO by third parties.
The elements making up the Content and/or the Service may not be used, reproduced or represented in any way by the User without the express prior authorization of DRIVECO. The “DRIVECO” logos and trademarks are the exclusive property of DRIVECO and may not be used by the User without DRIVECO’s prior written consent.
The User expressly undertakes to ensure that use of the Application does not under any circumstances infringe DRIVECO’s rights and does not constitute an act of counterfeiting, unfair competition or parasitic use of the Content.
LIMITATION AND EXCLUSION OF LIABILITY
The Application and the Content are made available and accessible by the User “as is” and without guarantees other than those which must be provided by DRIVECO pursuant to the applicable regulations.
DRIVECO does not guarantee the availability of the Application and the Service, nor the truthfulness, accuracy or current nature of the information and Content available on the Application.
Furthermore, DRIVECO does not guarantee the compatibility of the Application with any particular equipment.
To the extent permitted by applicable law, DRIVECO shall not be liable for damages of any kind, whether direct or indirect, resulting from the download, use or inability to use the Application.
USER ACCOUNT
Should the User wish to create a User Account, he/she undertakes to provide accurate and complete data and to keep this data up to date.
In addition, the User shall not communicate or give access to his/her User Account ID to a third party.
The User shall be solely responsible for any use of the Application made through his/her User Account.
In the event of non-compliance with the TOU, DRIVECO may delete the User Account, if necessary without prior notice, with no right to claim compensation for the User.
PERSONAL DATA PROTECTION
In accordance with the regulations applicable to the processing of personal data, in particular the provisions of Law No. 78-17 of January 6, 1978 relating to information technology, files and freedoms, and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, the User’s personal data is processed by DRIVECO in its capacity as data controller.
Use of the Application The User’s personal data may be used to enable the User to use all or part of the Application’s features; communication of the User’s personal data is particularly necessary when the User wishes to create a User Account. If the User fails to provide the personal data required to create a User Account, the User Account will not be created, and the User will not be able to benefit from the features of the Application associated with a User Account.
Charging Service When the User wishes to use the Charging Service, he/she must provide personal details, in particular his/her e-mail address and, where applicable, his/her credit card number when the Charging Service is subject to a fee. Failure to provide the required personal data will prevent the User from the Charging Service. The data communicated will be used to enable access to and provision of the Charging Service.
DRIVECO’s legitimate interests The data communicated by the User may also be used by DRIVECO in the context of any action undertaken by DRIVECO, the owners or operators of the electric charging infrastructures, or any service provider appointed by DRIVECO, in connection with the execution of the TOU and/or the TOUS.
The legal basis for processing the User’s personal data is the User’s consent and the execution of the TOU and/or TOUS.
Access to the User’s personal data will be limited to DRIVECO employees authorized to process by virtue of their duties, as well as to partners and service providers involved in the execution of the TOU and TOUV, and/or contributing to the purposes set out above. If the User uses the Charging Service, the User’s data may also be communicated to the owner of the charging station used by the User as part of the Charging Service.
Personal data communicated by the User when creating a User Account is saved for 5 years. Personal data communicated by the User in connection with the use of a Charging Service is saved for 10 years.
The User has the right to access, rectify, delete and port his or her personal data, as well as the right to object to processing on legitimate grounds. These rights may be exercised by sending an e-mail to the following address: dibbdpo@dibb.fr, enclosing proof of identity. In the event of a complaint, the User may contact the Commission Nationale de l’Informatique et des Libertés (CNIL).
TOUV APPLICABLE TO THE CHARGING SERVICE
The conditions of use of the Charging Service to the User are set out in the TOUV.
In the event of conflict between the terms of the TOU and the TOUV, the terms of the TOUV shall prevail.
INDIVISION
If any provision of the TOU is held to be invalid or unenforceable, then such provision shall be of no force and effect and shall be deemed not to be included in the TOU, without invalidating all other provisions of the TOU.
TRANSFER OF RIGHTS
The User may not assign or transfer any of his/her rights under these TOU without DRIVECO’s prior written consent. DRIVECO will have the possibility of assigning to a third party, at its sole discretion, any of its right under these TOU.
APPLICABLE LAW
The TOU shall be governed by and construed in accordance with French law.
The parties shall endeavor to resolve amicably, in a spirit of cooperation and good faith, any difficulties that may arise in connection with the performance of the TOU.
In the event that the parties are unable to resolve their disputes amicably within thirty (30) days of the start of discussions, and after having made their best efforts to do so, each Party may refer the matter to the competent court.
MODIFICATION OF CGU
DRIVECO reserves the right to update the TOU at any time, without prior notice.
The applicable TOU are those in force at the date of use of the Application by the User, as available on the DRIVECO website https://driveco.com/cgu-application/
CONTACT US
If you have any questions about the Application and/or the Service, please send an e-mail to the following address: service.client@driveco.com
