GENERAL TERMS AND CONDITIONS
These General Terms and Conditions of Use apply to all websites (hereinafter "the Website"), Applications (hereinafter "the Application") and/or their localized versions, published by the Manufacture Française des Pneumatiques Michelin, as listed below:
-Truckfly (Website and Application)
The Application and the Truckfly Website are owned and operated by the Manufacture Française des Pneumatiques Michelin, a company with a capital of €504,000,004, registered under number 855 200 507 with the Trade and Companies Registry (RCS) of Clermont-Ferrand and whose registered office is located at Place des Carmes Dechaux, 63040 Clermont-Ferrand Cedex 9, France (hereinafter "we" or "us").
The companies in the Michelin Group have their own legal status and are independent legal identities. Nevertheless, to facilitate the communication of the information presented on this Website, the following terms may be used: to refer to all Michelin Group companies that operate independently: "Michelin", "Group", "Michelin Group", "we" and "us".
Presentation of the services
The "Truckfly by Michelin" Application is a mobile application that enables you to identify related "points of interests" (POI) (e.g. gas stations, roadside restaurants, car parks etc.) and have access to a database of POIs on a given map.
The Application also has other features that enable you to: (i) access "News", (ii) export the GPS coordinates of a POI to an application and/or navigation website, (iii) access POI profiles from the database in order to consult or modify them, (iv) claim a location as yours, (v) rate or make a comment about a POI, (vi) share your position via social networks.
These features are only available if you create a personal account in the Application.
All users have access to the Website. The Website contains sections that present the Application and points of interest, as well as access to owners' accounts (subject to having created a personal account in the Application).
Downloading the Application
The Application can be downloaded from Google Play and the Apple Store.
In order to benefit from our services, you must create a personal account.
Use of the Application and/or Website
Authorized usage. As long as you accept and comply with these GTCU, and unless we terminate them, we grant you the non-exclusive, non-transferable, free and revocable right to access and use the Application and/or Website in accordance with these GTCU, for your personal use only.
Forbidden usage. It is forbidden (i) to reproduce, represent, exploit, adapt or translate the Application and/or Website or any of their contents, in whole or in part, for other purposes on any medium whatsoever, (ii) to extract all or part of the Application and/or Website, and/or their contents, or to create a derivative work from all or part of the Application and/or Website and/or their contents, (iii) to reverse-engineer, decompile, disassemble or transform the object code of the Application and/or Website into source code in any manner whatsoever, (iv) to distribute, sub-license, assign, share, sell, rent or loan the Application and/or Website or the right to use them, in any manner whatsoever, (v) to remove or modify any copyright, trademark or other proprietary right relating to the Application and/or Website that we or our licensors own, and (vi) to use the Application and/or Website for purposes other than those expressly authorized by these GTCU.
Availability and accessibility. We endeavor to make the Application and/or Website accessible at all times, but we cannot guarantee a continuous or faultless service.
We reserve the right to modify all or part of the Application and/or Website at any time, including, without limitation, the right to remove, modify and/or alter the elements, characteristics and features of the Application and/or Website.
You acknowledge that you will only be able to use the Application and/or Website if your device is connected to the Internet. The connection costs charged to you when accessing the Application and/or Website are subject to the general terms and conditions agreed with your access provider. Moreover, you fully understand the inherent risks linked to using the Internet, notably including, but not limited to, the fact that the Application and/or Website may be temporarily inaccessible, risks in terms of confidentiality or security breaches concerning data transmissions, virus attacks, etc.
Without prejudice to our rights and remedies, we reserve the right to temporarily or permanently suspend your access to the Application and/or Website, at any time, without notice, in the event you violate any of the provisions of these GTCU.
If we consider that you are using the Application and/or Website for any illegal and/or unauthorized purposes, we reserve the right to take any action we deem necessary, including terminating the contract without notice and, in the event of illegal use, filing legal proceedings.
Duration and termination
For as long as you use the Application and/or Website, these GTCU shall apply to you and us. We may terminate these GTCU at any time and prevent you from having access to the Application and/or Website. In the event these GTCU are terminated, for any reason whatsoever, the rights granted to you hereunder shall be cancelled and you shall no longer be authorized to use the Application and/or Website.
The Application and/or Website and their content are protected by intellectual property rights, including copyrights and trademarks, which are our exclusive property and/or that of our licensors. These GTCU shall not be interpreted as transferring ownership of the Application and/or Website to Users. We reserve all rights in the Application and/or Website that not expressly granted to Users.
The data concerning the points of interest - which are collected and made available to users of the Application and/or Website for consultation purposes - form a database, which is produced and owned by Michelin. The content of this database is therefore protected under copyright law and by the provisions of the French Act No. 98-536 of 1 July 1998 concerning the legal protection of databases, transposing Directive 96/9/EC of 11 March 1996.
Content Created by Users/Third Parties
The Application and/or Website may contain content created by users (UCC) or third parties, including addresses, opening hours, services. We are not responsible for such content, and we do not necessarily share the opinions expressed by these content publishers. You are solely responsible for your user-created content (UCC) and may be held legally liable for that content.
Third parties are solely responsible for any content that they create and we cannot guarantee the accuracy and integrity of such content. While Michelin gives you the possibility to view and distribute content through the Application and/or Website, you hereby acknowledge that we do not accept any obligation or liability in connection with the content.
Michelin and its managers, employees and shareholders have no obligation to monitor inappropriate or illegal content on the Application and/or Website, and cannot be held liable for the aforementioned content or its effects, for any reason whatsoever. Notwithstanding the foregoing, we reserve the right to block or delete certain content at any time.
Users must only publish lawful content that does not violate, restrict or obstruct any rights. As regards each of your publications, you guarantee that (i) you hold all the necessary licenses, rights, agreements and permission to use and authorize Michelin to use all copyrights, trademarks, and other proprietary rights applicable to such publications, and that (ii) you have the written consent or permission of all identifiable individuals in each publication to use their name and picture in such publications, in accordance with these GTCU.
Consequently, you agree not to: (i) submit content that is protected by copyright, trademark or any other property right, notably intellectual property rights, personality rights, unless you own those rights or have obtained the consent of the rights holder to publish the content and grant us the rights set out above; (ii) publish false or misleading content that could cause damage to us or to third parties; (iii) submit content that is unlawful, immoral, obscene, defamatory, threatening, pornographic, pedophilic, revisionist (denying the existence of the Holocaust), intimidating, hateful, racist, abusive, or that incites political, racial or xenophobic violence, violates any law or is otherwise inappropriate; nor to (iv) publish advertisements or commercial solicitations. If you submit multimedia content, Michelin shall not publish it elsewhere without your prior consent, except as provided for in these GTCU. Nevertheless, other users may copy or download any content published on the Application and/or Website.
By publishing UCC on the Application and/or Website, you authorize Michelin to use the published content free of charge across the entire world and on any medium, for a period of three years from the date of the content's publication on the Application and/or Website.
Any unauthorized use of the Application and/or Website may result in legal proceedings for damages and/or constitute a criminal offence.
Michelin, its managers, employees, or service providers cannot be held responsible for any loss or damage resulting from or related to your use of the Application and/or Website or any information, service or content on the Application and/or Website.
You shall be liable for any damage caused to us due to your breaching these GTCU. You agree to free Michelin and its managers, employees, shareholders, licensees, and insurers from all liability resulting from your violation of these GTCU, and to pay all due compensation for any losses, expenses, damages and costs, including reasonable attorneys' fees.
The Application and/or Website is provided "as is", without any guarantee. We do not guarantee that the Application and/or Website or their content (i) will meet your requirements and that they (ii) contain no errors or omissions or (iii) will always be available and accessible in an uninterrupted manner. We reserve the right to correct any errors or omissions on the Application and/or Website.
Access to the Application and/or Website is granted on a temporary basis. We may suspend, withdraw, interrupt or modify all or part of the Application and/or Website at any time and without notice. You acknowledge that Michelin cannot be held responsible for any modifications to the Application and/or Website or for any suspension or interruptions in their operation and availability.
Risks related to the use of the Internet. You are expressly reminded that the Internet is not a secure network. We cannot therefore be held liable if your device's system is contaminated by any viruses or hacked by a third party and decline all responsibility for any consequences resulting from your access to the Application and/or Website that cannot be attributed to us.
In particular, we cannot be held responsible for any damage caused to your computer equipment and the data stored on it, as well as any impact on your personal or professional activity that may result from this, when the cause cannot be attributed to us.
It is therefore up to you to take all appropriate measures to protect your equipment and the data stored on it from any attacks. You expressly acknowledge that you use the Application and/or Website at your own risk.
Internet network malfunction. We cannot be held liable in the event of a malfunction on the Internet network, telephone lines or reception device that prevents access to the Application and/or Website.
Links to other third-party websites. The Application and/or Website may contain links to third-party websites that we do not control. We are not responsible for the privacy policies or the content of such sites.
Data Protection and Privacy
Modifications to the GTCU
We may update these GTCU and amend them at any time, with effect for the future only. We shall inform you of any substantial modifications by placing a visible notice on the Application and/or Website. You will be deemed to have accepted the modified GTCU if you continue to access and use the Application and/or Website. If you do not agree with the modifications or amendments made to the GTCU, you must stop using the Application and/or Website.
Applicable law - Disputes
These General Terms and Conditions of Use are governed by French law.
Should you have a claim, we would ask you to first inform us of the issue by contacting the Michelin Truck-Tire Marketing Department (Service Marketing Poids-Lourds), Place des Carmes Dechaux, 63040 Clermont- Ferrand Cedex 9, France, in order to find an amicable solution. If an amicable solution cannot be found, any dispute relating to these GTCU shall be submitted to the competent French courts. However, we inform you that you may also launch a conventional mediation process or any other alternative claim-resolution procedure, prior to any legal action.
If one or more of the provisions of these GTCU are declared invalid, in whole or in part, this shall not affect the validity of the other provisions.
The fact that we or you may fail to exercise a right resulting from the GTCU of the Application and/or Website shall under no circumstances be considered as waiving the right to exercise that right.
Nothing in these GTCU may be interpreted as directly or indirectly giving a third party any entitlement or right to take action against us, and third parties are not authorized to object to any of the provisions in these GTCU.
In force since 16/10/2018