TERMS AND CONDITIONS OF USE OF THE DRIVECO APPLICATION
These terms & conditions of use (referred to as the «Terms of Use») aim to define the conditions of use of the mobile application «DRIVECO» published by DRIVECO.
Any installation and/or access to the Application by a User implies full and unreserved acceptance of these Terms of Use by the User.
DRIVECO is committed to the safety of the Users of its Application. Therefore, the User must remain vigilant and not use the Application while driving a vehicle.
DEFINITIONS
Under these Terms of Use, the capitalized terms shall have the meanings set out below:
«Application» refers to the “DRIVECO” mobile application published by DRIVECO and available on the App Store and Google Play Store, enabling a User to access the Service. The Application includes all its components, notably its Content, source code, object code, databases, and documentation. DRIVECO may freely update the Application at any time, and reserves the right to add or remove any functionality offered by the Application and/or the Service.
«User Account»: refers to the user account accessible by the User through the Application.
«Content» refers to all graphic, literary, and audio elements comprising the Application, including drawings, illustrations, images, photographs, logos, trademarks, icons, symbols, audiovisual works, and multimedia works.
«Terms of Service» refers to the general terms and conditions of use and sale of the Charging Service as available on the Application.
«DRIVECO» refers to the company DRIVECO SAS, a French simplified joint-stock company with a share capital of EUR 473,948, having its registered office at 34, Avenue des Champs-Élysées, 75008 Paris, France, registered with the Paris Trade and Companies Register under number 818 943 938.
«DRIVECO Network»: refers to the network of charging stations deployed by DRIVECO and accessible as part of the Charging Service.
«Service» refers to the functionalities and services available through the Application, under normal and reasonable use, in particular the ability to identify DRIVECO Network charging stations available in the User’s geographic area and to access the Charging Service.
«Charging Service» refers to the service of charging electric or plug-in hybrid vehicles available to the User through the Application, governed by the Terms of Service.
«Web Portal»: refers to the website set up by DRIVECO enabling the User to access the Charging Service.
«User» refers to any person downloading and/or using the Application.
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, and 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.
THE USER MUST NOT USE THE APPLICATION WHILE DRIVING HIS VEHICLE: THE USER IS SOLELY RESPONSIBLE FOR HIS DRIVING AND FOR ANY CONSEQUENCES THAT MAY ARISE FROM FAILURE TO COMPLY WITH THIS CONDITION. DRIVECO CANNOT BE HELD LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USER’S USE OF THE APPLICATION WHILE DRIVING HIS VEHICLE.
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 Terms of Use 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 its provision.
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 DRIVECO undertakes to do its utmost to provide Users with a quality service. Despite all the care taken by DRIVECO to provide a continuous Service (24 hours a day, 7 days a week), interruptions of the Service are possible, and without DRIVECO’s liability in the event of a breakdown or failure of the host, or in the event of necessary or useful maintenance work.
The Application and the Content are made available to and accessible by the User «as is» and without guarantees other than those which must be provided by DRIVECO in application of the applicable regulations.
DRIVECO does not guarantee the availability of the Application and the Service, nor the truthfulness, accuracy or up-to-date 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 any consequential damages resulting from the download, use or inability to use the Application.
DRIVECO cannot be held responsible for the theft of information, by physical or electronic means (virus, spyware, hacking, etc.) and for the consequences that this could entail for the User who may be subject to it despite the precautions taken. The User acknowledges that he is aware of this latent risk and retains the right not to communicate to DRIVECO information that he deems too sensitive or too strategic.
In all cases where DRIVECO’s liability would be called into question and established, only in the event of gross negligence, willful misconduct or breach of one of its essential obligations could be held against it. DRIVECO may not be held liable for damage caused by force majeure.
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 undertakes not to communicate or give access to his/her User Account identifiers to a third party.
The User shall be solely responsible for any use of the Application made through his User Account.
In the event of non-compliance with the Terms of Use, DRIVECO may delete the User’s User Account, if necessary without prior notice, and without this deletion giving rise to any 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.
DRIVECO’s privacy policy is available on DRIVECO’s website at the following address: https://driveco.com/en/privacy-policy/
TERMS AND CONDITIONS APPLICABLE TO THE RECHARGING SERVICE
The conditions under which the Charging Service is provided to the User are set out in the Terms of Service.
In the event of any contradiction between the Terms of Use and the Terms of Service, the Terms of Service shall prevail.
SEVERABILITY
If any provision of the Terms of Use is held to be invalid or unenforceable, then such provision shall be ineffective and deemed not included in the Terms of Use, without invalidating all other provisions of the Terms of Use.
TRANSFER OF RIGHTS
The User may not assign or transfer any of the rights he/she enjoys under these Terms of Use without DRIVECO’s prior written consent. DRIVECO will have the possibility of assigning to a third party, at its sole discretion, any right it enjoys under these Terms of Use.
APPLICABLE LAW
The Terms of Use are 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 Terms of Use.
In the event that the Parties are unable to resolve their disputes amicably within 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 Terms of Use at any time, without prior notice.
The Terms of Use in force are those 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
USER SUPPORT AND MEDIATION
Any request for information or complaint relating to the Application may be addressed to DRIVECO using the following contact details:
Sales support:
By email: support@driveco.com
If a dispute with the User has not been satisfactorily resolved, or if the dispute has not been resolved within two months of receipt of the complaint, the User has a further period of ten months in which to refer the matter directly and free of charge to the Centre de la Médiation de la Consommation de Conciliateurs de Justice (CM2C) : Through their website: https://www.cm2c.net/declarer-un-litige.php By email cm2c@cm2c.net
By post to the following address CM2C, 14 rue Saint Jean 75017 Paris.
These methods of amicable settlement are optional for the User, who may at any time bring the matter before the competent courts.
