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Terms of use


UBEEQO GENERAL TERMS OF USE

TABLE OF CONTENTS:

 

1. PREAMBLE: LEGAL NOTICE / ACCEPTANCE

2. PRESENTATION AND CHARACTERISTICS OF THE SITE AND THE SERVICES

3. REGISTRATION AND ACCESS TO THE SERVICES

3.1. Overview

3.2. Registration process

3.3. Information regarding the identification of the Users

3.4. Use of your account

3.5. Best practices for using the Site

3.6. Termination or blockage of an account

4. INTELLECTUAL PROPERTY

5. PROTECTION OF DATABASES

6. HYPERLINKS

6.1 Hyperlinks to the Site / inbound links

6.2 Hyperlinks towards third party web sites / outgoing links

7. WARRANTEE / LIABILITY DISCLAIMERS

8. DATA PROTECTION

9. MISCELLANEOUS

9.1 Severability

9.2 No waiver

9.3 Transfer of the contract:

9.4 Third Party Rights

10. THIRD PARTY PLATFORM PROVIDERS AND APPLICATION STORES

11. GOVERNING LAW/JURISDICTION

12. CONTACTING US

 

1. LEGAL NOTICE / ACCEPTANCE:

These General Terms of Use are available on and apply to www.ubeeqo.com, www.ubeeqo.co.uk, www.ubeeqo.de, www.ubeeqo.be, www.ubeeqo.lx, www.ubeeqo.fr and www.mobilities.com and their sub-domains as well as the mobile application (hereinafter each of the websites and the mobile applications shall together be referred to as the “Site”).

The Site is operated by Ubeeqo (Ubeeqo, we, us and our). Ubeeqo is a joint stock company registered in France with company number B491 048 575 and our registered address is 12 rue Barthelemy Danjou, Bat A, 92100 Boulogne, Billancourt, France. The director of publication is Benoit Chatelier, co-founder of Ubeeqo SAS, who can be contacted at the following address: benoit.chatelier.com.

The Site is hosted by OVH, registered address is 2 rue Kellerman, 59100 Roubaix, France. Telephone number: +33 9 72 10 10 07.

The Site has been designed by ImageFields, http://www.imagefields.com/

The Site utilises the following:

Quicksand font (copyright © 2011, Andrew Paglinawan (http://www.andrewpaglinawan.com andrew.paglinawan@gmail.com), with reserved font name “Quicksand”. This font software is licensed under the SIL open font license, version 1.1. This license is available with a FAQ at http://scripts.sil.org/OFL).

The pictogram “Technical Support” (designed/made by Freepik (http://www.freepik.com/) from www.flaticon.com)

The pictogram “Computer Screen” (designed/made and licensed by Icon Works (http://icon-works.com/) under Creative Commons Public License 3.0 (http://creativecommons.org/licenses/by3.0/legalcode) from www.flaticon.com

The pictogram “Advice” (designed/made by Freepik (http://www.freepik.com/) from www.flaticon.com)

The use of the Site is subject to acceptance of these General Terms of Use (hereinafter the “General Terms of Use”) and our Privacy Policy. These General Terms of Use may be modified or added to at any point in time and should therefore be reviewed upon each new use of the Site. In case of major changes to the General Terms of Use, Users will be prompted to approve them upon placing their next order for Services.

 

2. PRESENTATION AND CHARACTERISTICS OF THE SITE AND THE SERVICES:

2.1. The Site is a platform which offers users (hereinafter the “User(s)” or “you”) various mobility options, some of which are provided by partners of Ubeeqo ("Services").

2.2. In order to benefit from the Services available on the Site, Users must begin by creating an account in keeping with the terms of article 3.2 below.

2.3. Each Service available on the Site is governed by terms and conditions that are applicable to such specific Service; these will be made available to you prior to any booking you make and must be accepted by the User at the time of booking any Service.

 

3. REGISTRATION AND ACCESS TO THE SERVICES:

3.1. Overview

Users who wish to have access to the Services must initially fill in a form to register, or must log in if they are already registered.

After filling in the registration fields or logging in, the Users of the Site may access the Services.

Users have a non-exclusive and non-transferable right to access the platform free of charge.

 

3.2. Registration process

 

  1. Users must fill in an electronic registration form in which they (i) must provide data enabling them to be identified (for more details, see article 3.3 below), and (ii) must select a password and a user ID;
  2. Users must check and confirm this form, and must confirm that they accept these General Terms of Use and the Privacy Policy by ticking the appropriate box;
  3. Once this stage has been accomplished, an e-mail confirming the registration shall be sent to the User, who may then access the Services.

 

3.3. Information regarding the identification of the Users

Upon registering, you must input your contact details, a user ID and a password, which are strictly personal:

  • If you are a natural person acting on your own behalf, you should key in your title, surname, first names, e-mail address, date of birth, driving license start date (optional), and preferred language for communication.
  • If you are an employee of a partner company, you should create a sub-account and input the following information, this list being non-exhaustive: your title, surname, first names, your e-mail address, date of birth, driving license start date (optional), the name of your employer, your preferred language for communication, as well as your workplace, title, employee number and cost centre, where applicable.

The User guarantees that the data that he discloses shall be accurate, complete and up-to-date.

 

3.4 Payment

  1. Choice and payment of Services
    If you wish to subscribe to one of the chargeable Services, this can be done by selecting from the different offers that are presented to you those offers of interest.
    The price and available means of payment will be specified on your screen before proceeding to payment.
    For security of your bank card details, you will be asked to agree to specific terms.
     
  2. Email confirmation
    You will receive email confirmation detailing your order of service.
    Your order and email confirmation represents the contract between yourself and Ubeeqo. You are therefore invited to verify that you are in receipt of the confirmation and to contact customer service in the event of non-receipt due to a technical issue.

 

3.5. Use of your account

Users undertake to inform Ubeeqo about any changes to the data that they provided by updating their profile online on the Site under the heading provided for this purpose.

Users may choose their passwords freely and may modify them at any point in time.

Users are responsible for the creation, protection and use of their user ID and password, which are strictly personal and therefore cannot be shared with third parties. They must remember them and keep them secret and secure. Should a User’s identifier and password be used by a third party, the User must inform Ubeeqo as soon as possible.

Any use of the Site using a User’s identifier and password shall be deemed to have been made by the Userhimself.

In case of loss or theft of your identifier and/or password and/or if you cannot connect to your account, click on the “forgotten password” link. You will be asked to key in your e-mail address and a new password will then be sent to you by electronic mail. You should change your password regularly in order to ensure greater security.

 

3.6. Best practices for using the Site

By using the Site, you hereby expressly undertake:

  • not to use the Site for any illegal, illicit or fraudulent purposes, and in particular, you undertake to refrain from any use that runs counter to any local, national or international laws or regulations;
  • not to use the Site in any way that might cause damage to Ubeeqo or to any of its affiliates, and in particular, you hereby undertake to refrain from using the Site to disseminate information that is controversial, illegal, illicit, unpleasant, discriminatory or insulting towards Ubeeqo or any third parties;
  • not to block, disrupt the access or otherwise jeopardise the Site, the computer systems or the software applications of Ubeeqo or of any third party;
  • not to use the Site to knowingly transmit data or to send or upload content containing computer viruses, Trojan horses, worms, time bombs, key-loggers, spyware, advertisement software or other malware, or similar computer codes, nor to commit or facilitate acts of piracy or commit acts constituting cybercrime;
  • not to counterfeit the patents, trademarks, industrial secrets, copyright, drawings, rights over databases or other intellectual property rights of any party or entity;
  • not to steal the identity of any natural or legal person, such as a representative of Ubeeqo, and not to make false declarations or other misleading statements concerning your ties with any natural or legal person;
  • to preserve the confidentiality of any code, password or user identification information that you shall choose or that shall be provided to you as part of the security procedures of the Site. You hereby undertake to refrain from disclosing this information to any third party;
  • to comply with these General Terms of Use.

 

3.7. Termination or blockage of an account

In the event of a violation of the terms of these General Terms of Use, Privacy Policy and terms and conditions which apply to your use of any of the Services, Ubeeqo shall be entitled to prohibit and to block access to the Site without incurring any liability towards you.

Ubeeqo may terminate or suspend a User’s account on the Site, at any point in time, as a right and without any other formality, in the event of a violation of the terms of these General Terms of Use, Privacy Policy or any other terms and conditions which apply to your use of any of the Services:

Moreover, Ubeeqo shall be entitled to suspend access to the Site in case of a failure to pay for the Services, until the situation has been rectified.

Where a User's account is suspended and Ubeeqo agree to its reinstatement you will then be asked to contact Ubeeqo customer service, which will assist you in rectifying the situation and reactivating your access to your account.

 

4. INTELLECTUAL PROPERTY:

The Site is a creative work protected by copyright as well as by other international intellectual property laws.

The entire contents of the Site, which comprise, among other things, texts, photographs, graphics, images, icons, technologies, software applications, links, domain names, trademarks and multimedia content, as well as their graphical representations and source codes (hereinafter the “Content”), are and shall remain the exclusive property of Ubeeqo or of the third parties whose rights are acknowledged by Ubeeqo, where applicable, and are and shall be protected by intellectual property rights by virtue of the prevailing and applicable national or international laws.

The name “Ubeeqo” and all other trademarks, logos or graphical representations of Ubeeqo featuring on the Site are registered trademarks belonging to Ubeeqo.

Other names of companies and goods or services featuring on the Site may be trademarks of their respective owners. Any use of any of the abovementioned trademarks without the prior express written approval of the holders of the rights involved shall constitute an infringement of intellectual property rights and is prohibited.

You may use the Site solely to access its Content and book the Services on offer. Any reproduction and/or showing of all or part of the content of the Site, on any medium, in any way and for any other purpose whatsoever, without the prior express written approval of Ubeeqo, shall be strictly prohibited.

You do not have any right or license to use the trademarks or other intellectual property shown on the Site. You therefore hereby undertake to refrain from wholly or partly modifying, renting, leasing, selling, distributing or creating derivative works based on the Content of the Site and/or the products and Services on offer on the Site.

Any infringement of the abovementioned intellectual property rights shall constitute a violation of these General Terms of Use and Ubeeqo will take such action as it may in its absolute discretion take to protect these rights.

Should you have any query concerning the reproduction of elements of the Site, please send an e-mail to contact@ubeeqo.com.

 

5. PROTECTION OF DATABASES:

In accordance with the provisions of Directive 96/9/EC of the European Parliament and of the European Council dated 11 March 1996 on the legal protection of databases, and the applicable national laws, you hereby acknowledge that the Site and the Services provided via the Site comprise one or more databases provided by Ubeeqo in its capacity as a producer of databases.

Notwithstanding the other rights which Ubeeqo may invoke over the Site, such as the protection of the Content by copyright or any other right over the databases of any one of their components, you hereby undertake to refrain:

  • from extracting, by permanent or temporary transfer, all or a significant proportion (in qualitative or quantitative terms) of the contents of one or more of the databases available on the Site and/or the Services, whatever the method of extraction used;
  • from reusing, by making publicly available, all or a significant proportion (in qualitative or quantitative terms) of the contents of one or more of the databases available on the Site and/or the Services, whatever the form thereof;
  • from creating, publishing, storing, updating, importing, exporting, disclosing or compiling a competing database containing all or part of one or more of the databases created and managed by Ubeeqo;
  • from publishing, on screen or on any other medium, processes identical or similar to those used by Ubeeqo on the Site.

In general, any storage, extraction, use, reproduction, showing or storage, directly or indirectly, wholly or partially, including in the buffer memory, of a significant proportion (in qualitative or quantitative terms) of the content of one or more of the databases managed by Ubeeqo, performed by any of the abovementioned processes, shall be strictly prohibited, including on media not authorised by Ubeeqo.

 

6. HYPERLINKS:

6.1 Hyperlinks to the Site / inbound links:

No third party is authorised to include links on its web site pointing towards the Site without the prior express approval of Ubeeqo.

Should a third party be authorised to hyperlink to the Site http://www.ubeeqo.com, www.ubeeqo.co.uk, www.ubeeqo.de, www.ubeeqo.be, www.ubeeqo.lx, www.ubeeqo.fr or https://www.mobilities.com or one of their sub domains, it must hyperlink to the Site in accordance with the terms and conditions of that authorisation.

Ubeeqo shall be entitled to request, at any moment in time and without the need for any justification, that any hyperlink to the Site be removed, whereupon the person in charge of the site featuring the hyperlink shall have to remove it immediately.

 

6.2 Hyperlinks towards third party web sites / outgoing links:

When you click on the hypertext links that provide access to third party web sites, we recommend that you become acquainted with the terms of use and privacy policies of these third party web sites, in order to ensure that you are aware of their policies in terms of gathering, using and disclosing your personal data.

Ubeeqo has no control over the content of these third party web sites and disclaims any liability in this respect or in respect of any loss or damage that you might incur owing to their use.

We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available.

If you believe that a link on the Site points towards a web site that contains unlawful or inappropriate content, you may report it to Ubeeqo by writing in to the following e-mail address: client@ubeeqo.com. This notification shall not give rise to any obligation for Ubeeqo to remove the hyperlink involved nor shall it constitute constructive notice of the activities and/or content alleged by the party which reported it.

The presence on the Site of links pointing to third party web sites shall not imply the existence of agreements with the persons who are responsible for these third party web sites or with their owners, nor any approval or promotion by Ubeeqo of the declarations, content or services provided via these web sites, nor any identification with them on the part of Ubeeqo.

Should you decide to visit and/or use any one of the web sites accessible via hyperlinks available on the Site, you do so at your own risk and must take the requisite protective measures against viruses and other malicious content.

 

7. WARRANTEE / LIABILITY DISCLAIMERS:

7.1. Ubeeqo shall be entitled to suspend access to the Site and the provision of any one or of all of the Content available on the Site at any time without notice, for technical, security or maintenance reasons, or owing to power cuts or any other valid cause.

Ubeeqo does not guarantee the long-term viability or the performances of the Services that are accessible on the Site. Users access and use the Site at their own risk. The Site is provided as is and depending on availability.

Neither Ubeeqo nor any affiliated company of the Ubeeqo Group provides any warranty or representation according to which:

  • the Site shall be suited to your requirements,
  • the Site shall operate without interruption, securely and shall be free of errors, bugs or other problems,
  • the results that might be obtained by using the Site shall be perfectly accurate or reliable,
  • the quality of the Services, information or Content accessed via the Site shall meet your expectations and any error/bug shall be corrected.

Users shall be fully and solely responsible for their computer equipment, their data and their software applications as well as their connection to the Internet enabling them to access the Site.

In order to help avoid any problems, Users are advised to make regular backups of their data and software applications.

 

7.2. Some jurisdictions do not permit the exclusion of certain guarantees or the limitation or exclusion of liability for certain types of damage. Thus, in certain states, some of the limitations that are set out in article 7.1 above may not apply.

None of the terms of these General Terms of Use shall have any incidence on the rights of any consumer, nor shall it exclude or limit liability for death or physical injury arising from a fault or a fraudulent misrepresentation by Ubeeqo (e.g. if the latter deliberately lied to you in order to induce you to use the Site).

 

8. DATA PROTECTION:

The provisions of Ubeeqo’s Privacy Policy form an integral part of these General Terms of Use.

 

9. MISCELLANEOUS:

9.1 Severability:

Should one or more provisions of these General Terms of Use be considered invalid or declared as such in application of a law, a regulation or a final decision of a court or authority which has jurisdiction, the other provisions shall remain in force. The parties shall replace the term that is null and void by a clause that is as close as possible to the spirit and the content of the one that was stipulated initially.

9.2 No waiver:

Should Ubeeqo fail to avail itself of any of the provisions of these General Terms of Use for any period of time, this shall not be interpreted as a waiver of the right to avail itself of same in future.

9.3 Transfer of the contract:

The contract consisting of these General Terms of Use is hereby formed in consideration of the identity of the parties. Therefore, these General Terms of Use cannot be transferred by one party without the prior express consent of the other party. Ubeeqo shall nevertheless be authorised to transfer the contract as well as the personal data in relation to the contract (i) in the event of a purchase by a third party company of Ubeeqo or one or more of its business units which cover the operation of the Site, or (ii) in the event of an intra-group restructuring, to another company of Ubeeqo’s group.

 

10. GOVERNING LAW / JURISDICTION:

These terms of use are governed by French law and you agree that any dispute between you and use regarding them or the Site will only be dealt with by the Paris Tribunal. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

 

 

Publication date: 02/05/2016

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