Viratrip General terms and conditions of use and sale

General terms and conditions of use and sale

Viratrip application

1 - IDENTIFICATION OF THE PUBLISHER - LEGAL NOTICE

The Viratrip mobile application ("the Application") as well as all of its features and content are published by SARL VIRATRIP ("Viratrip").

Head office : 11 Avenue Frédéric Mistral, 13111 COUDOUX

Share capital : €50,000

RCS Salon n° 921 690 665

Intracommunity VAT number : FR95921690665

E-mail : contact@viratrip.com

Telephone : +33662225579

Site Host :
Google
Gordon House, Barrow Street,
Dublin 4,
Ireland
+353 1 436 1000

2 - PURPOSE AND SCOPE OF THE T&C

These General Terms and Conditions of Use (the "T&C") determine the terms of access and use of the Application by individual consumers (the "Users") and apply without restriction or reservation, to the exclusion of all other conditions, to any use of the Application and to any subscription to the services offered by Viratrip on the Application.

The use of the Application and the subscription to the services imply the unreserved acceptance of the T&C and the terms pertaining to the protection of personal data entitled "Privacy Policy ".

The T&C may be modified at any time by Viratrip, the version applicable to the User's use is the one in force on the Application at the time of use. Changes to these TOS cannot be applied to previous use.

The User, who acknowledges that these T&C, including the information required by law, have been communicated to him/her in a clear and comprehensible manner, on a durable medium or in an easily downloadable document, is required to read them before using the Application.

These T&C are systematically communicated to all Users prior to the use of the Application and shall prevail, if necessary, over any other version or any other contradictory document.

3 - PRESENTATION OF THE APPLICATION AND DESCRIPTIONS OF THE SERVICES

The Application offers a choice of online services for designing, consulting and sharing geolocated automobile routes, including, in particular, the display of routes and maps, route calculation, proximity searches and local information to guide the User, and the sharing of opinions and content (hereinafter the "Services").

Some Services allow access to exclusive additional features and are subject to a paid subscription.

A geolocation service is offered on the Application allowing the User to choose routes close to where he/she is.

The use of the geolocation functionality requires the prior express consent of the User to be geolocated. In this respect, the User must activate the geolocation function if he/she so wishes and accept that the Application may use it. This functionality may be deactivated at any time and without charge.

It is specified that there are no minimum levels of service quality.

4 - ACCESS AND USE OF THE APPLICATION

4.1. Availability of the Application

The Application is available on the Internet, and can be accessed free of charge. A paid subscription allows access to additional features not available in the free version. Viratrip reserves the right to modify the features available exclusively in the paid version, at any time, with reasonable notice. All costs related to the access to the Application, whatever they may be, are exclusively at the expense of the User, who is solely responsible for the proper functioning of his/her computer equipment and Internet access.

Viratrip reserves the right to delete the Application at any time, or to temporarily suspend its use in whole or in part, in order to update, modify or maintain it.

4.2 Registration

The use of the Application and the Services is reserved to natural persons of at least 18 years of age, holder of a driving licence, or any other legal age in the country of the User to hold a driving licence, for non-professional and non-commercial use. It requires prior registration.

To register, the User must first create a personal User account by providing certain information.

The User is solely responsible for the use and confidentiality of his login and password associated with his account and for restricting access to his mobile device while connected to the Application.

Viratrip endeavors to use reasonable security measures to protect the User from unauthorized access to his/her account. However, Viratrip cannot guarantee absolute security of the User's account. The User agrees to immediately notify Viratrip of any unauthorized use of his/her account or password, or any other breach of security.

Viratrip will not be responsible for any loss or theft or damage resulting from the loss or theft or fraudulent use of the User's identification data.

The User has the option of informing his or her contacts registered on his or her mobile phone about the Services. Viratrip may ask the User to access his or her contact database in order to identify contacts who are already users of the Application and possibly contact them.

Each User is therefore informed that when creating his account on the Application he may be put in contact with another User through his contact database, which he accepts.

4.3. Subscription, fees and payment conditions

Downloading and using the Application, and accessing the Services, is free of charge. However, some Services that provide access to additional exclusive features require a subscription fee via the Google Play Store or Apple Store.

The subscription and payment conditions of this subscription are governed by the general terms of use of the Google Play Store or Apple Store applications, which the User acknowledges accepting before any subscription.

Subscription fees are quoted prior to any subscription and are payable monthly or annually. Viratrip may increase the subscription fee or introduce new fees at any time, with reasonable notice .

Viratrip reserves the right to suspend or cancel access to the Application in the event of non-compliance with the payment conditions by the User.

5 - ACCESS TO THE APPLICATION AND SERVICES

Access to the Application and use of the Services will take place as soon as the account is created. Access to the Paid Services will take place as soon as the subscription is taken out.

If the Paid Services are not accessible within a reasonable period of time, without unjustified delay, the User may notify Viratrip, under the conditions set forth in Article L 224-25-11 of the French Consumer Code:

- or the suspension of the payment of all or part of the subscription fees until Viratrip complies, under the conditions of articles 1219 and 1220 of the French Civil Code (exception of non-performance),

- The cancellation of the subscription, after Viratrip has been unsuccessfully given notice to perform without undue delay or within a reasonable additional period of time as expressly agreed between the parties.

The subscription will be considered terminated upon receipt by Viratrip of the written notice of termination, unless it has been executed in the meantime.

Termination may be immediate if Viratrip refuses to perform, or if it is clear that it will not be able to provide the Services or access to the Application, or if the failure to provide the Services within a certain period of time was an essential condition of the sale for the User.

In the event of termination of the subscription, the subscription fees paid by the User will be returned to him at the latest within fourteen days of the date of termination of the subscription, without prejudice to the possible award of damages to the User.

The User is required to check the conformity of the Paid Services and the Application, and in particular their compatibility and adaptability to his digital environment.

The User has a period of two days from the date of access to the Application and the Services to formulate in writing any reservations or complaints in the event of a defect or apparent defect in the Paid Services present on the Application.

After this period and if these formalities have not been complied with, the Paid Services will be deemed to be free of any apparent defect.

It is reminded that the absence of reservations expressed by the User upon delivery of the Paid Services does not exempt Viratrip from the guarantee of conformity, as described below.

6 - SERVICE UPDATES

Viratrip undertakes, at no cost to the User, to update the Paid Services to the extent necessary to ensure their continued compliance with market standards.

The User will be informed in a clear manner of each update within a reasonable period of time prior to its installation as well as of the consequences of its non-installation, in accordance with the provisions of Article L 224-25-25, I of the French Consumer Code.

In the event that the User refuses to install updates and make the necessary changes to their environment to maintain compliance and access to the Paid Services, Viratrip will not be held responsible for any lack of compliance resulting from the absence of updates.

7 - OBLIGATIONS OF THE USER

In general, the User shall not :

disrupt the proper functioning of the Application, by any means whatsoever and under any pretext whatsoever.
Use the Application or Services in violation of Viratrip's or third parties' rights or in violation of applicable laws and regulations;
use any robot, spider, Application search or retrieval application or other device to retrieve or index all or part of the Application or Services or to collect user information for any unauthorised purpose;
promote or encourage unlawful activities, including inciting hatred against persons or groups of persons; and,
transmit viruses, worms, defects, Trojan or other items of a destructive nature.

In the event of non-compliance with these obligations, Viratrip reserves the right to close the User's account and deny access to the Services, without prior notice and without any right to compensation.

8 - GUARANTEES

The User benefits by right and without additional payment, from the legal guarantee of conformity and the legal guarantee of hidden defects on the paying Services.

8-1. Legal guarantee of conformity

Viratrip undertakes to provide access to the Paid Services in accordance with the contractual description, the criteria set out in article L 224-25-14 of the French Consumer Code and the specificities defined by the preliminary article of the French Consumer Code in terms of :

- functionality (ability of the Services to perform their function in relation to their purpose),

- compatibility (ability of the Services to work with hardware or software without the need for conversion),

- interoperability (the ability of the Services to operate with different hardware or software from that with which digital goods, content or services of the same type are normally used).

Viratrip is liable for any lack of conformity that existed at the time of the provision of the Paid Services and that appears within two years of the provision of the Paid Services.

In the event of a lack of conformity, the User may demand :

- compliance of the Paid Services or, failing that

- a reduction in subscription fees, or

- the cancellation of the subscription, under the legal conditions, except in the case of a minor lack of conformity.

The User may also suspend payment of all or part of their subscription until Viratrip has fulfilled its obligations under the legal guarantee of conformity, under the conditions of articles 1219 and 1220 of the French Civil Code, except in the case of a minor defect in conformity.

Any Paid Service brought into conformity within the framework of the legal guarantee of conformity benefits from an extension of this guarantee for six months.

Finally, the User may demand a reduction in the cost of his subscription or the cancellation of the subscription (except if the lack of conformity is minor) in the cases provided for in Article L 224-25-20 of the French Consumer Code.

In the event of cancellation of the subscription, the User shall be reimbursed for the fees paid for the subscription to the Paid Services. The User will be reimbursed without unjustified delay and at the latest within fourteen days of notification of the User's decision to cancel the subscription, using the same means of payment as the one used by the User at the time of payment, unless the User expressly agrees otherwise, and in any event without additional costs.

The foregoing provisions are without prejudice to the possible awarding of damages to the User for the loss suffered by the latter as a result of the lack of conformity.

Viratrip may prevent any further use of the Application and Services by making them inaccessible to the User or by deactivating the User's account without prejudice to the User's right to retrieve the content or to consult his/her invoices, as provided for in article L 224-25-22 III-al. 7 of the French Consumer Code.

The User undertakes not to access the Application, use the Services or make them accessible to third parties.

8-2. Legal guarantee against hidden defects

Viratrip is responsible for the legal guarantee against hidden defects resulting from a design or production defect in the Paid Services.

The User may decide to invoke the guarantee against hidden defects of the Paid Services, in accordance with Article 1641 of the French Civil Code; in this case, he/she may choose between the cancellation of the subscription or a reduction of the subscription fee in accordance with Article 1644 of the French Civil Code.

9 - INTELLECTUAL PROPERTY

9.1. The Content of Viratrip

All of the elements, of whatever nature, present on the Application, in particular the Services, photographs, texts, illustrations, figures, graphic elements, icons, images, maps, databases, music, video recordings, company names, brands, logos or distinctive signs are protected by copyright, trademark law and other intellectual property rights belonging to Viratrip, its affiliates, partners or service providers who have authorized their use (the "Viratrip Content").

Viratrip grants the User a revocable, non-transferable, non-exclusive, worldwide, royalty-free and non-sublicensable license to access and use the Application, Services and Viratrip Content.

The User is expressly prohibited from deleting or modifying the Viratrip Content, copying, modifying, enhancing, editing, translating, decompiling, creating a derivative work, reverse engineering or assembling; attempting to find the source code; selling, assigning, sublicensing or transferring in any way, all or part of the Viratrip Content present on the Application.

Any reproduction, representation, or exploitation for any purpose whatsoever, of all or part of the Application or Viratrip's Content, without the prior written permission of Viratrip, constitutes an act of counterfeiting, an infringement of intellectual property rights, or an act of unfair competition, and will expose the perpetrator to legal action.

9.2. The User's Content

Content posted by the User may be protected by intellectual property rights, such as reviews, photos or videos, information, data, messages or other content publicly posted by the User ("User Content").

By posting or displaying User Content through the Application, the User grants Viratrip a worldwide, non-exclusive, transferable, sub-licensable, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute the User Content in any medium and by any method of distribution now known or later developed.

This license terminates when the User deletes his User Content or account.

10 - LIABILITY

10.1. Responsibility of Viratrip

Viratrip ensures the functioning of the Application. However, the User is informed of the difficulties inherent in the use of the Internet network, in particular, the highly variable speeds and saturation that may cause stoppages or difficulties in accessing the Application, as well as the risks associated with data transmission.

Viratrip cannot be held responsible in the following cases:

- difficulties and risks of use linked to the use of the Internet;

- bad use of the Application's services by the User or any fault on his/her part. It shall not be held liable for facts attributable to a third party.

- non-compliance with the legislation of the country in which the Services are provided, which it is the User's responsibility to check before subscribing,

- in the event of misuse, use for professional purposes, accident or force majeure,

- refusal by the User, duly informed within a reasonable period of time as provided for in these T&C, to install the updates necessary to maintain the conformity of the Services.

Viratrip is also not responsible for User Content posted on the Application, including but not limited to routes, photos, videos, reviews or other road publications shared publicly or privately by Users on the Application.

With regard to the route search service in particular, it is expressly stated that the route and traffic calculations are estimates. Circumstances such as weather conditions, construction work, traffic jams or other causes of traffic disruption may result in longer travel times or in the need to follow a different route than that indicated. Viratrip accepts no liability in this respect.

For certain Services, Viratrip may relay, without prior control, content aggregated by third party partners. Viratrip cannot be held responsible for the content of third parties, in particular for the information and services provided by these partners, such as, but not limited to, user reviews, traffic information, route calculation, and geographical locations of sales outlets.

Viratrip does not warrant that (a) the Services will meet the User's requirements, (b) the User Content will be available and the Services will be uninterrupted, secure or error-free, (c) the results obtained from the use of the Services will be accurate and reliable, (d) any errors in the Services will be corrected.

Viratrip may at its discretion refuse, delete or remove any User Content that violates these T&C or is otherwise objectionable. Viratrip may also suspend or delete the account of the defaulting User.

10.2. Responsibility of the User

The User undertakes not to disrupt the proper functioning of the Application and the Services by any means whatsoever and under any pretext whatsoever.

The User is responsible for the User Content that he/she publishes, uploads or otherwise makes available on the Application and agrees to bear all risks associated with the use of any User Content available on the Application. In particular, the User sharing User Content with his contacts does so under his sole responsibility.

The User must indemnify and hold Viratrip and/or any third party harmless from any claim, demand, claim and award of damages arising out of, based upon, or resulting from the User's failure to comply with the obligations or prohibitions imposed upon him/her under these T&C.

11 - FORCE MAJEURE

The parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, is due to force majeure, within the meaning of Article 1218 of the French Civil Code, or to exceptional health or climatic hazards beyond the control of the parties.

The party noting the event shall immediately inform the other party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.

The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed 30 days. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties shall make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the party prevented shall notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of 45 days, the present T&C shall be purely and simply terminated in accordance with the terms and conditions defined in the article "Termination due to force majeure".

12 - Resolution

12.1. Termination for force majeure

The subscription, as well as access to the Application and the Services, will be terminated by operation of law for reasons of force majeure 30 days after the sending of a notice of termination notified by registered letter with acknowledgement of receipt or any extrajudicial act, mentioning the intention to apply this clause.

12.2. Termination for failure of a party to fulfil its obligations

Without prejudice to the User's public policy right to terminate the subscription in the event of non-compliance of the Services, as set out in Article L 224-25-20 of the French Consumer Code, the subscription may be terminated in the event of non-compliance by either party with one of its contractual obligations.

It is expressly understood that this termination for failure by a party to fulfil its obligations will take place by operation of law 30 days after a formal notice to perform has been sent and has remained, in whole or in part, without effect. The formal notice may be sent by registered letter with acknowledgement of receipt or any extrajudicial act.

This notice shall state the intention to apply this clause.

13 - USER'S RIGHT OF WITHDRAWAL

Subscriptions to Paid Services require immediate execution and therefore do not benefit from the right of withdrawal provided by law.

The subscription is therefore entered into a firm and final manner as soon as it is subscribed to by the User in accordance with the terms and conditions specified in these T&C.

14 - APPLICABLE LAW - JURISDICTION

The present T&C and the operations resulting from it are governed by French law.

In the event of a complaint, the User may contact Viratrip by post at the following address: 11 Avenue Frederic Mistral 13111 Coudoux France, or by email at contact@viratrip.com, who will endeavour to find an amicable solution to the dispute.

If this approach fails, the User may have recourse to conventional mediation, in particular with the Consumer Mediation Commission (art. L 612-1 of the French Consumer Code) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

It is also recalled that, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

If the dispute has to be brought before the courts, it is recalled that, pursuant to Article L. 141-5 of the French Consumer Code, "the consumer may, in addition to one of the territorially competent courts under the Code of Civil Procedure, choose the court of the place where he or she lived at the time of the conclusion of the contract or of the occurrence of the harmful event".

15 - PRE-CONTRACTUAL INFORMATION - USER ACCEPTANCE

The User acknowledges that he/she has been informed by Viratrip in a legible and comprehensible manner, by means of the present General Terms and Conditions of Sale, prior to his/her purchase and in accordance with the provisions of article L 221-5 of the French Consumer Code,

- on the essential characteristics of the Services, enabling him to take out a subscription with full knowledge of the facts, in particular as regards their conditions of use, as well as their functionalities, compatibility, interoperability and continuity, with any restrictions that may be applicable, the User being obliged to refer to the description of each Service in order to find out about its properties and essential particularities;

- on the subscription fees for the Services and related fees;

- on the date or period within which Viratrip provides the Services, in the absence of immediate execution of the subscription;

- on the identity of Viratrip, its postal, telephone and electronic contact details, and its activities, if not apparent from the context;

- the existence of and procedures for implementing guarantees (legal guarantee of conformity, guarantee against hidden defects);

- on the modalities of termination, the methods of settling disputes, the other contractual conditions and, where appropriate, the costs of using the means of distance communication, the existence of codes of conduct and financial guarantees and bonds;

- on the right of withdrawal and how to exercise it, or the absence of a right of withdrawal where applicable;

- on the possibility of having recourse to a consumer mediator, under the conditions laid down in the French Consumer Code.

The User also acknowledges that he/she has been made aware, prior to taking out the subscription, of the essential characteristics of the Services as well as all the information referred to in Article L 111-2 of the French Consumer Code.