Effective date: June 20, 2021
These general conditions of use (the “ General Conditions ”) apply without restriction or reservation to all the services offered by the company La Compagnie des Mobilités through its application and on the website www.geovelo.app (hereinafter collectively referred to as the “ Platform ”).
The Platform offers online mobility and cycling assistance services (the “ Services ”) to individuals (the “ Users ”).
It should be noted that Geovelo offers a free service which is not based on the sale of personal data but on the valuation of anonymous data relating to traffic within the urban space in order to benefit the communities and their allow the development of cities to the practice of cycling.
The purpose of these General Conditions is to define the terms and conditions of use of the Services as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the Platform page.
These General Conditions prevail over any other general or specific conditions not expressly approved by Geovelo.
They may be supplemented, where appropriate, by conditions of use specific to certain Services, which supplement these General Conditions and, in the event of contradiction, prevail over them.
The Platform and the Services are offered by the company La Compagnie des Mobilités, commercially operated under the name Geovelo, SAS with a share capital of 45,227.60 euros, registered with the RCS of Tours under number 521 563 742, whose registered office is located at 1 Impasse du Palais, 37000 Tours (Geovelo).
Geovelo can be contacted at the following coordinates, in particular for any complaint:
Postal address: 1 Impasse du Palais, 37000 Tours.
Email address: firstname.lastname@example.org
3.1 Legal capacity
The Platform and the Services are accessible:
3.2 Platform and Services reserved for individuals
The Platform and the Services are intended exclusively for individuals and are not intended for professional use, understood as any use directly or indirectly related to a remunerated activity carried out on a non-occasional basis in all sectors of industry and Trade.
4.1 The acceptance of these General Conditions by Users who register on the Platform is materialized by a checkbox in the registration form.
With regard to Users not registered on the Platform, their use of the Platform and/or the Services entails their acceptance of these General Conditions, without restriction or reservation.
4.2 The acceptance of these General Conditions can only be full and complete. Any conditional membership is considered null and void. The User who does not agree to be bound by these General Conditions must not access the Platform or use the Services.
5.1 The use of the Services requires the User to register on the Platform, by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically leads to the opening of an account using a randomly given pseudonym that he can modify (hereinafter the " Account "), giving him access to a personal space (hereinafter the “ Personal Space ”) which allows him to manage his use of the Services in a form and according to the technical means that Geovelo deems most appropriate to provide said Services.
The User guarantees that all the information he gives in the registration form is accurate, up-to-date and sincere and is not vitiated by any misleading nature.
He undertakes to update this information in his Personal Space in the event of modifications (in particular in the event of a change of email address), so that they always correspond to the aforementioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User is binding upon validation.
5.2 The User can access his Personal Space at any time after identifying himself using his login ID and password.
The User agrees to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.
He is also responsible for maintaining the confidentiality and security of his username and password, any access to the Platform using these being deemed to have been made by the User. The latter must immediately contact Geovelo at the contact details mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. He acknowledges that Geovelo has the right to take all appropriate measures in such cases.
Prior to any registration and in application in particular of the provisions of Article L111-1 of the Consumer Code, the User may become acquainted with the Services on the Platform.
In particular, the User has access to the following Services, in a form and according to the functionalities and technical means that Geovelo deems most appropriate.
6.1 Personal space
The User has access to a space allowing him to have information on his habits of use of the Services, in particular access to his favorite addresses, his past routes.
The User can also customize the type of bike he prefers, his favorite type of route.
6.2 Other Services
In particular, Users access the following Services via the Platform:
- Route calculation for bicycle trips;
- Search for rides (to be carried out by bicycle near the User's position);
- Search for information on self-service bicycles (search for self-service bicycle terminals and view the occupancy rate);
- Possibility of disseminating reports for the attention of other Users of the Platform.
Geovelo reserves the right to offer any other Service that it deems useful, in a form and according to the functionalities and technical means that it deems most appropriate to provide said Services.
The Services are provided free of charge.
As indicated in the preamble, Geovelo does not sell personal data in return for the provision of the Services.
The Services are subscribed for an indefinite period.
The User may unsubscribe from the Services at any time, by sending a request to this effect to Geovelo by email, to the contact details mentioned in the article "Platform and Services Operator, contact" or through his Personal Space.
Unsubscribing results in the deletion of the Account within a maximum period of 7 (seven) days from this request if the unsubscription is done by email and it is immediate through the Personal Space.
Geovelo deletes data such as routes and statistics after one year of Account inactivity. After 3 (three) years of Account inactivity, the latter is deleted by Geovelo.
The User has a right of withdrawal, for a period of 14 (fourteen) days from his signature hereof in accordance with the provisions of the Consumer Code.
The User has the possibility of unsubscribing according to the methods defined in the article "Duration of Services, unsubscription" of these General Conditions.
Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations.
10.1 The User undertakes to respect the Highway Code and in particular, the prohibition to use headsets, earphones and other helmets while driving, even for the sole purpose of benefiting from the information relating to the route provided by the Platform. He is solely responsible for compliance with these obligations.
10.2 The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
10.3 The User acknowledges having read on the Platform the characteristics and constraints, in particular technical, of all the Services. He is solely responsible for his use of the Services.
10.4 He is solely responsible for his use of the Services and in particular for the relationships he may establish with other Users and the information he will communicate to them within the framework of the Services. It is up to him to exercise appropriate prudence and discernment in these relationships and communications. The User also undertakes, in his exchanges with other Users, to respect the usual rules of politeness and courtesy.
10.5 The User is solely responsible for content of any kind (editorial, graphic, audio, audiovisual or other, including the name and/or image possibly chosen by the User to identify him on the Platform) that it broadcasts as part of the Services (hereinafter referred to as the "Contents").
He guarantees to Geovelo that he has all the rights and authorizations necessary for the distribution of this Content.
It undertakes that the said Contents are lawful, do not infringe public order, good morals or the rights of third parties, do not infringe any legislative or regulatory provision and more generally, are in no way likely to the civil or criminal liability of Geovelo.
The User is thus prohibited from disseminating, in particular and without this list being exhaustive:
Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist, infringing Content, Content detrimental to the image of a third party, Content that is false, misleading or that proposes or promotes illicit, fraudulent or deceptive activities, Content harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.), and more generally Content likely to infringe the rights of third parties or be prejudicial to third parties, in any way and in any form whatsoever.
10.6 The User acknowledges that the Services offer him an additional, non-alternative solution to help with mobility and cycling and that this solution cannot replace other means that the User may otherwise have to reach the same goal.
10.7 The User is informed and accepts that the implementation of the Services requires that he be connected to the internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
The User guarantees Geovelo against any complaints, claims, actions and/or claims that Geovelo may suffer as a result of the violation by the User of any of its obligations or guarantees under these General Conditions.
He undertakes to indemnify Geovelo for any damage it may suffer and to pay it all the costs, charges and/or convictions it may have to bear as a result.
12.1 It is strictly prohibited to use the Services for the following purposes:
- the exercise of illegal, fraudulent activities or activities that infringe the rights or security of third parties,
- breach of public order or violation of the laws and regulations in force,
- intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violate its integrity or security,
- the sending of unsolicited emails and/or prospecting or commercial solicitation,
- aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
- and more generally any practice diverting the Services for purposes other than those for which they were designed.
12.2 Users are strictly prohibited from copying and/or misappropriating for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the Geovelo Platform.
12.3 The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into Geovelo's systems, (iii) any misappropriation of system resources of the Platform, (iv) any action likely to impose a disproportionate burden on the latter's infrastructure, (v) any breach of security and authentication measures, (vi) any act likely to infringe the rights and financial, commercial or moral interests of Geovelo or users of its Platform, and finally more generally (vii) any breach of these General Conditions.
12.4 It is strictly prohibited to monetize, sell or grant all or part of the access to the Services or the Platform, as well as to the information which is hosted and/or shared there.
In the event of breach of any of the provisions of these General Conditions or more generally, violation of the laws and regulations in force by a User, Geovelo reserves the right to take any appropriate measure and in particular to:
- suspend or terminate access to the Services of the User, author of the breach or offense, or having participated therein,
- delete any Content posted on the Platform in connection with the breach or infringement in question, in whole or in part,
- publish on the Platform any information message that Geovelo deems useful,
- notify any competent authority, cooperate with them and provide them with all useful information for the investigation and repression of illegal or illicit activities,
- initiate any legal action.
Geovelo also reserves the right to resolve the User's access to the Services:
- either full right, fifteen (15) days after receipt, by the User, of a formal notice which has had no effect, sent by registered letter with acknowledgment of receipt, mentioning the intention to apply this clause,
- either in the event of repetition of a breach previously reported by registered letter with acknowledgment of receipt, the resolution then taking effect as of right on the date of sending of the registered letter with acknowledgment of receipt stating the repeated breach,
… without prejudice to any damages that may be claimed from the User.
The resolution automatically leads to the deletion of the User's Account, without prejudice to any other consequences that may arise under these General Conditions.
14.1 Geovelo undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users recognize and accept. expressly.
14.2 Geovelo has no knowledge of the Content posted by Users within the framework of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and in respect of which it only intervenes. as a hosting provider.
Consequently, Geovelo cannot be held responsible for the Content, the authors of which are third parties, any possible complaint having to be directed in the first place to the author of the Content in question.
Content harmful to a third party may be the subject of a notification to Geovelo according to the procedures provided for by article 6 I 5 of law n ° 2004-575 of June 21, 2004 for confidence in the digital economy, Geovelo reserving the right to take the measures described in the article "Sanctions for breaches".
14.3 Geovelo undertakes to carry out regular checks to verify the operation and accessibility of the Platform. As such, Geovelo reserves the right to temporarily interrupt access to the Platform for maintenance reasons. Similarly, Geovelo cannot be held responsible for temporary difficulties or impossibilities in accessing the Platform which may be caused by circumstances external to it, force majeure, or which may be due to disruptions in telecommunications networks.
14.4 Geovelo does not guarantee to Users (i) that the Services, subject to constant research to improve performance and progress in particular, will be totally free of errors, defects or defects, (ii) that the Services, being standard and in no way offered for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.
The Services offered by Geovelo are essentially based on OpenStreetMap open map data to provide relevant data to Users. Geovelo will in no way be responsible for data retrieved from OpenStreetMap maps.
Geovelo is not responsible for the data allowing access to the Services relating to self-service bicycles, this data being provided by companies or communities
14.5 In any event, the liability that may be incurred by Geovelo hereunder is expressly limited to proven direct damages suffered by the User.
15.1 Geovelo Intellectual Property
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) operated by Geovelo within the Platform are protected by all rights. of intellectual property or rights of the producers of databases in force. All disassembly, decompilation, decryption, extraction, reuse, copy and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Geovelo are strictly prohibited and may be subject to legal proceedings.
15.2 Intellectual Property of the User
The User acknowledges and accepts that by posting Content on the Platform, he intends to participate voluntarily and freely in the diversity of this information, in the spirit of a community exchange. In this respect and for the purposes of implementing the Services:
- He consents to his Content being distributed free of charge by Geovelo on the Platform and on all other French or foreign websites, published by all companies with which Geovelo has agreements,
- He consents to his Content being disseminated by Geovelo by any means and on any medium for the purpose of promoting the Platform,
- He accepts that his Editorial Content be translated into all languages,
- He acknowledges and accepts that the Content may be subject to modifications, in particular as regards their framing, their format and their colors, as well as alterations or degradations in their quality, depending on the technical constraints of the Platform.
- He waives his right to ask Geovelo for any remuneration, royalty, indemnity or financial compensation in this respect.
For the duration of their use of the Services, Users authorize Geovelo to use the testimonials they publish on the Platform (hereinafter the "Testimonials") for the promotion of the latter, according to the following terms:
- They consent to their Testimonials being disseminated free of charge by Geovelo on the Platform and on all other French or foreign websites, published by all companies with which the Company has agreements,
- They consent to their Testimonials being disseminated by Geovelo by any means and on any medium for the purpose of promoting the Platform,
- They accept that their Testimonies be translated into all languages,
- They acknowledge and accept that the Testimonials may be subject to modifications, in particular as regards their framing, their format and their colors, as well as alterations or degradations in their quality, depending on the technical constraints of the Platform,
- They waive asking Geovelo for any remuneration, royalty, indemnity or financial compensation in this regard.
Under no circumstances can the parties be held liable for failures or delays in the execution of these General Conditions due to one of the cases of force majeure as defined by article 1218 of the Civil Code and recognized by case law. , including in particular strikes, terrorist activities, riots, insurrections, wars, governmental actions, epidemics, natural disasters or fault attributable to a third party telecommunications provider.
The occurrence of a case of force majeure suspends the execution of the General Conditions upon receipt by one of the parties of the information transmitted by registered letter with request for acknowledgment of receipt by the other party.
If a case of force majeure impeding the performance of its obligations by a party continues beyond a period of 30 (thirty) days, the General Conditions may be terminated, if necessary, immediately and automatically, without legal formalities, by either party, by any written means, without either party having to pay the other any compensation.
Geovelo reserves the right to modify these General Conditions at any time.
The registered user will be informed of these modifications by any useful means at least thirty (30) days before their entry into force.
The User who does not accept the modified general conditions must unsubscribe from the Services according to the procedures provided for in the article "Duration of the Services, unsubscription".
The modified General Conditions apply immediately to non-registered Users who use the Services after their entry into force. Non-registered Users are therefore invited to regularly consult the latest version of the general conditions on the Platform.
In the event of a translation of these General Conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or provision.
The User has the right to have free recourse to a consumer mediator for the amicable resolution of any dispute relating to the execution of these presents which would oppose him to Geovelo under the conditions provided for in articles L611-1 and following and R612. -1 and following of the Consumer Code.
He can contact the following consumer ombudsman for this purpose:
Justice Conciliators Consumer Mediation Center (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Telephone: 06 09 20 48 86
These General Conditions are governed by French law.