Latest update: July, 25th 2023
The website [https://rev-mobilities.com (hereinafter the “Website”), operated by the company REV Mobilities (REV) (hereinafter “We” or “Us”) is used to showcase REV Mobilities services.
Accessing, consulting, browsing and/or using the Website implies full acceptance of these General Conditions of Use (hereinafter the “GCU”), which is aimed at laying down the terms and conditions for using the Website for any person accessing, consulting, browsing and/or using all or part of the Website (hereinafter the “User”).
Consequently, prior to any use of the Website, the User is hereby requested to read and understand these GCU. Should the User decline all or part of any of the provisions of these GCU, the User is hereby requested to refrain from using the Website.
These GCU can be accessed at all times on the Website and shall prevail, where applicable, over any other version or any other conflicting document dealing with the same subject.
Where necessary, you may ask any questions you may have directly to REV Mobilities by sending an e-mail to the following address: firstname.lastname@example.org
1. ACCESS TO THE WEBSITE AND SERVICES
Access to the Website shall be technically possible twenty-four hours a day, seven days a week, barring force majeure, possible breakdowns or any maintenance operations required for the proper functioning of the Website.
In any event, the User hereby acknowledges that he/she has the necessary skills and means to access and use the Website. In this respect, the User must have a computer, cell phone, tablet or any other device with Internet connectivity and settings that allow the Website to function properly.
In general, the User hereby declares that he/she is aware of and accepts the risks associated with browsing websites and using online services. In particular, the User hereby acknowledges that information transiting or stored on this Website may be intercepted or altered through no fault of REV Mobilities.
In this respect, the User is strongly advised to take all necessary precautions to protect him/herself against the effects of any hacking, particularly by adopting a secure and appropriate computer configuration for his/her computer, cell phone, tablet or any other device used (for example, by installing regularly updated virus detection software).
2. GENERAL OBLIGATIONS OF THE USER
The User hereby agrees to use the Website in accordance with these GCU and other applicable regulations. In this regard, the User agrees not to use the Website for commercial, canvassing, solicitation or advertising purposes.
More specifically, the User shall refrain from:
· Any behavior likely to undermine the integrity, operation or security of the information system on which the Website is based;
· Any intrusion or attempted intrusion into REV Mobilities’ information systems;
· Any collection, extraction or use, in any way whatsoever, of the information available on the Website; and
· More generally, any act likely to undermine the rights and interests of REV Mobilities or third parties.
In the event of any breach of these GCU or any other applicable regulations, including unauthorized use of the Website observed by REV Mobilities, the latter reserves the right to terminate this contractual relationship by operation of law, with neither notice nor compensation, and to block any subsequent access by the User to all or part of the Website.
3. INTELLECTUAL PROPERTY
The Website and all its constituent features or features made available to the User, particularly trademarks, logos, photographs, programs, source codes, object codes, data, databases, images whether animated or not, sounds, drawings, graphics, videos, texts, layout, appearance, structure, as well as any other element not linked to hypertext links to third-party sites, shall be the property of REV Mobilities or be covered by a license issued to it by any holder of intellectual property rights.
All of these features shall be governed by the provisions of French and international regulations applicable to intellectual property, particularly the Intellectual Property Code, and shall therefore be protected against any unauthorized use by law or by these GCU, under penalty of prosecution in the event of non-compliance.
REV Mobilities shall grant the User a personal, non-exclusive and free right to consult and use the Website and its services for its own use and strictly for operations authorized under the terms of these GCU.
Subject to the rights of use granted to the User by REV Mobilities, use of the Website and its services shall not imply granting any license or transferring any rights over the features of the Website to the Customer. More particularly, any copy, reproduction, representation, adaptation, modification or distribution of all or part of the Site or its contents, by any process whatsoever and on any medium whatsoever, shall be unlawful without the prior, express and written consent of REV Mobilities or the holder of the intellectual property rights.
Failure to comply with these requirements, particularly for commercial purposes, may give rise to legal action for infringement and/or unfair competition and/or parasitism on the part of holders of the rights in question. This shall be without prejudice to any other rights of REV Mobilities, particularly that of claiming compensation for any losses incurred.
The User hereby acknowledges having read and understood these GCU and agrees to comply with same. The User shall be solely responsible for the use he/she intends to make of the Website, and for preserving the security and integrity of his/her data, hardware and software when using the Website in any way whatsoever.
The Website shall be made available to the User free of charge. Although REV Mobilities shall endeavor to provide a reliable Website, REV Mobilities shall not guarantee that it is free from errors, inaccuracies or omissions, periods of unavailability, faults or defects. The User hereby acknowledges that he/she shall be solely responsible for his/her use of the Website, the services offered therein and the content published therein.
Accordingly, REV mobilities may not be held liable for any direct or indirect damage that may arise from:
· Any malfunction or contamination of the computer, mobile phone, tablet or any other equipment used by the User during or after browsing the Website, inability to access or poor condition of use attributable to such equipment, the Internet service provider, Internet network congestion, or any other reason beyond the control of REV Mobilities;
· Electronic or telephone communication costs incurred for use of this equipment, which shall be the sole responsibility of the User and shall not be borne by REV Mobilities;
· Any temporary or permanent interruption of all or part of the Website’s functionalities, particularly in the event of maintenance, modification or updating of the Website, in the event of a technical incident and, more generally, in the event of an incident beyond the control of REV Mobilities.
· Any consequences that may arise from the content of third-party websites to which hyperlinks may be present on the Website;
· Any indirect damage suffered by the User;
· Any loss incurred by the User or a third party arising from use of the Website that violates these GCU;
· Any failure to comply with the obligations outlined in these GCU, due to or originating from a fortuitous event or a force majeure as defined in Article 1218 of the French Civil Code.
Should REV Mobilities be held liable for damages not provided for in this Article, its liability shall be limited to certain, actual and direct damages.
Thereafter, REV Mobilities, its representatives or partners shall, under no circumstances whatsoever, be held liable for indirect damages arising from use of the Website, the services offered therein or the content published therein, particularly for loss of earnings, loss of profit, loss of opportunity or damages arising from the loss of data caused by inability to use the Website.
These GCU shall be dated accurately and may be amended and updated by REV Mobilities at any time, particularly in the event of changes to the Website or other applicable regulations.
The applicable GCU shall be those published on the Website at the time it is accessed by the User. Consequently, the User is hereby requested to consult the GCU each time he/she accesses the Website.
This version of the GCC shall replace all previous versions.
6. CESSATION OF THE WEBSITE
REV Mobilities reserves the right to temporarily or permanently interrupt access to all or part of the Website, particularly in the event of cessation of the business for which the Website has been provided, or in the event of insolvency proceedings.
Subject to the law in force, the User hereby agrees that these GCU binding him/her to REV Mobilities may be assigned, transferred or offered as a contribution in any manner whatsoever. In the event of transfer of the company to a third party, these GCU binding the customer to REV Mobilities shall automatically be transferred to the transferee.
The Website may include hyperlinks to other websites or sources than those operated by REV Mobilities. Insofar as REV Mobilities cannot control these external websites and sources, REV Mobilities cannot be held liable for such external websites and sources, and therefore declines any liability for the content, advertising, products, services or any other material available on or from such external websites or sources. Accordingly, the User shall be solely responsible for any decision to activate hyperlinks.
REV Mobilities hereby reminds the User that non-affiliated external websites or sources shall be governed by their own general conditions of use.
Should the User wish to create a hyperlink to the Website, he/she must obtain prior written authorization from REV Mobilities by sending an email to the following address: email@example.com
REV Mobilities shall have the sole discretion to either accept or decline any such request. REV Mobilities shall be under no obligation to accept any such request, nor to provide any reason for rejecting any such request.
Each article of these GCU shall be applied separately. Any amendment to the regulations in force or any decision by a court or competent authority invalidating one or more Articles of these GCU shall not affect the validity of the entire GCU. Any such amendment or ruling shall in no way whatsoever authorize the user to disregard the valid provisions of these GCU.
These GCU shall be written in French. Should they be translated into one or more languages, only the French version shall be considered authentic in the event of a dispute.
11. GOVERNING LAW AND COMPETENT COURTS
These GCU and the operations arising therefrom shall be governed, interpreted and applied according to French law.
In the event of a dispute over their interpretation or implementation, REV Mobilities and the User shall seek an amicable settlement prior to taking any legal action, and shall provide each other with all necessary information in this regard.
Failing an amicable agreement between REV Mobilities and the User within two months of notification of the dispute to the other party, jurisdiction shall be expressly given to the Commercial Court of Paris to hear the matter.