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(Publication date : 01/11/2015)
1. LEGAL NOTICE / ACCEPTANCE:
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. Our VAT registration number is FR 44491048575.
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 on the booking platform and must be accepted by the User at the time the User books any Service for the first time.
3. REGISTRATION AND ACCESS TO THE SERVICES:
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
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:
The User guarantees that the data that he discloses shall be accurate, complete and up-to-date.
3.4. 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 User himself.
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.
3.5. 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;
3.6. Termination or blockage of an account
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.
Should you have any query concerning the reproduction of elements of the Site, please send an e-mail to email@example.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:
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.
6.1 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, 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:
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: firstname.lastname@example.org. 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:
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.
7.3 Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses, and if you are a business user, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
8. DATA PROTECTION:
9.2 No waiver:
9.3 Transfer of the contract:
9.4 Third Party Rights
10. THIRD PARTY PLATFORM PROVIDERS AND APPLICATION STORES
Certain third party platform providers with whose devices and/or operating systems the mobile applications have been designed to be compatible oblige us to include certain additional provisions in these General Terms and Conditions. These are set out at the end of these General Terms and Conditions under Additional third party terms. These provisions come from the relevant third party platform providers, not us.
Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download any mobile application. We are not responsible for these stores or (with the exception of the mobile applications) for anything provided by them and do not guarantee that they will be continuously available.
11. GOVERNING LAW / JURISDICTION:
12. CONTACTING US
Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to email@example.com or write to us at Ubeeqo, 12 rue Barthelemy Danjou, 92100 Boulogne-Billancourt, France.
ADDITIONAL TERMS FROM THIRD PARTY PLATFORM PROVIDERS
If any mobile application that you download, access and/or use runs on Apple’s iOS operating system:
RESEARCH IN MOTION (BLACKBERRY)
If you download any mobile application from a digital store front owned by Research in Motion (RIM) or any of its affiliates (such as BlackBerry App World) or purchased using RIM's transaction and payment processing service for “in-App” products, you acknowledge and agree that:
If any mobile application that you download, access and/or use runs on a mobile phone, tablet or games console using Microsoft’s Windows operating system, you acknowledge and agree that:
It also applies even if:
(hereinafter the "Personal Data").
1. Who receives your Personal Data?
1.1 The Site is operated by Ubeeqo (Ubeeqo, we, us and our). For the purposes of the Data Protection Act 1998, we are the data controller.
2. What type of Personal Data do we collect?
2.1. The Personal Data to which Ubeeqo has access is communicated to us by you. Please note in this respect that in order to register with the Site and to subscribe to the Services, you will be asked to communicate certain mandatory Personal Data. Mandatory fields are marked with an asterisk (*). The User will not be able to continue to the next stage in the registration process if mandatory fields are left blank.
2.2. The following data will be collected, used and stored:
2.3. We collect your Personal Data when you:
2.4 When you visit the Site, we may automatically collect additional information about you, such as the type of internet browser you use, any websites from which you have come to the Site and your IP address (the unique address which identifies your computer on the internet) which is automatically recognised by our web server. You cannot be identified from this information and it is only used to assist us in providing an effective service on the Site and to collect broad demographic information for aggregate use.
2.5. You alone are responsible for the accuracy of the data communicated and Ubeeqo reserves the right to exclude any user who provides false information, without prejudice to any other measure which may be taken in accordance with applicable law.
2.6. In the event that you communicate data relating to third parties, you guarantee that you have obtained the explicit agreement of the third parties concerned.
3. How do we use the data collected?
3.1. We collect and process your Personal Data to allow Ubeeqo and its franchisees, subcontractors and partners to contact you and provide (i) the services accessible via the Site, as well as (ii) the Services; (iii) administer your account with us; (iv) verify and carry out financial transactions in relation to payments you make online; (v) improve the layout and/or content of the pages on the Site and customise them for users; (vi) identify visitors on the Site; (vii) carry out research on our users' demographics and tracking of sales data; (viii) contact you with details about any reservations or booking you have made via the Site including SMS'ing you with details about the vehicle you have reserved.
3.2. We may send you marketing communications by email or any equivalent means to promote our products and Services. This consent may be withdrawn at any time by clicking the unsubscribe link provided in our emails and other communications.
3.3. Your Personal Data may be used by Ubeeqo for the purpose of managing the Services, particularly in the event of processing of claims and thefts, fines and violations of traffic regulations, as well as for any recovery procedure.
In the event of claims and thefts, fines and violations of traffic regulations, your Personal Data will be communicated to the insurance company and, at the request of the administrative authorities, the police and courts.
3.4 You acknowledge that you have been informed of the existence of geolocation systems embedded in car-sharing vehicles and consent to the use and processing of this data by Ubeeqo, particularly in the circumstances listed below:
4. Who do we share the Personal Data with?
4.1. We can share your Personal Data with Ubeeqo Group companies, as well as their subcontractors and partners in order to provide you with the subscribed Services. We will share your Personal Data with our insurance company and law enforcement agencies.
4.2. Ubeeqo has also agreed contracts with third-party service providers for management of our database and the supply of technical and other assistance. Your Personal Data may be disclosed and transferred to these service providers and other suppliers whenever it is deemed necessary for the supply of these services.
4.3. If we need to share your Personal Data with a third party, we will only do so after concluding a contract with it in which it undertakes to protect all Personal Data using appropriate security measures and not to use that Personal Data for its own ends.
4.4. In the event we undergo a reorganisation or are sold to a third party, you agree that any Personal Data we hold about you may be transferred to that reorganised entity (subsidiary or any other intra-group entity) or third party.
4.5 We may disclose your Personal Data if required to do so by law or if we believe that such action is necessary to prevent fraud or cyber crime or to protect the Site or the rights property or personal safety of any person.
5.1. A cookie (or other tracking element) is a small file placed on the hard drive of the user's computer or mobile device during their first visit to the Site.
It indicates how often the user returns to pages visited and recognises users who have already visited the Site. This allows customisation of services and greater browsing comfort.
Ubeeqo also offers to activate a "remember me" option on the Site, using the following two cookies:
The "remember me" option will automatically deactivate if you click the "log out" button. If you click this button, you will need to identify yourself again the next time you log in.
5.3. Most internet browsers offer functionalities for managing cookies. These allow you to delete cookies or accept or reject certain categories of cookies. You have the option of managing other tracking technologies via the websites of the companies which supply these technologies or via the operating system of your mobile device. You can visit your browser's "Help" section or the website of your hardware, software or operating system provider for further information. You can also find out more about cookies by clicking the link www.allaboutcookies.org which contains useful information about cookies and how to block them using different types of browsers.
The IP address transmitted by your browser in the context of Google Analytics will not be linked to other Google data. Anonymous user profiles will not be linked to Personal Data without your separate and explicit consent. Nevertheless, you can prevent the storage of cookies by configuring your browser accordingly.
Deactivate Google Analytics cookies:
You can prevent the usage and storage of these cookies on your PC or mobile device by visiting https://tools.google.com/dlpage/gaoptout?hl=.
You can view the confidentiality rules published by Google Inc. by clicking the following links: http://www.google.de/intl/policies/privacy/ and http://www.google.com/analytics/privacyoverview.html.
5.5. If you reject or delete cookies, some of the elements and features of our Site may become unavailable to you and the functioning of our Site as you experience it may be reduced or even impossible.
Insofar as necessary, we waive all liability for the consequences of deterioration in the functioning of our services due to our inability to store or consult cookies required for their functioning and which you have rejected or deleted.
6. How do we store and protect your Personal Data - Data Security?
6.1. We undertake to protect the Personal Data we collect. To do this, we will conserve your Personal Data for the time required to process it. Furthermore, Ubeeqo strives to take all the relevant physical, technical and organisational measures to prevent any unauthorised or unlawful processing, as well as any loss, destruction or accidental damage to your Personal Data.
6.2. The Site is a secure online environment. Our systems are configured using data encryption and industry standard jamming and firewall technologies.
6.3. Information that you submit via the Site is sent to and stored on secure servers located in France.
7. Payment processing
8.1. We place great importance on the security of all personally identifiable information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.
8.2. You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Site whilst it is in transit over the internet and any such submission is at your own risk.
8.3. It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information if you use a shared computer or a computer in a public place.
9. Your Rights
You have a legal right under the Data Protection Act 1998 to a copy of all the Personal Data about you held by us. On request, we will provide you with a copy of this information subject to a fee not exceeding £10. You also have a right to correct any errors in that information. As mentioned above, you have a right to prevent the use of your personal information for direct marketing purposes.
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