GENERAL TERMS AND CONDITIONS
These general terms and conditions apply to all websites (hereinafter, the Website), mobile applications (hereinafter, the Application) and/or their local versions, published by Manufacture Française des Pneumatiques Michelin and listed below:
- Truckfly (Website and Application)
The Truckfly Application and Website is run by Manufacture Française des Pneumatiques Michelin, a company with capital of €504,000,004, listed on the Clermont-Ferrand company register under number 855 200 507, with head offices located at Place des Carmes Déchaux, 63040 Clermont-Ferrand Cedex 9 (hereinafter, “We/Us”).
The companies in the Michelin Group have their own corporate existence and an autonomous corporate personality. However, to simplify communication of the information presented on this Site, the following terms may be used: “Michelin“, “Group“, “Michelin Group“ and “we“; these terms are used to refer to all the companies in the Michelin Group, each of which does business independently.
These General terms and conditions (the GTC) set the legal framework that governs access and use of the Application and the Website. Access and use of the Application and/or Website’s services requires your acceptance of the GTC in force when you access the Application and/or Website, and which are subject to change at any time by Michelin. In this respect, by accessing and using the Application and/or Website, you are automatically bound by these GTC and any amendments made when you access or use the Application and/or Website, and you accept that this agreement has the same value as an agreement in writing. If you do not agree with the GTC, you cannot access or use the Application and/or Website. Please read these GTC carefully, as well as the Confidentiality Policy, before using the Application and/or Website. We recommend that you read the GTC every time you use the Application and/or Website.
1. Presentation of servicess
The Truckfly by Michelin Application is a mobile app that allows you to identify the points of interest (POI) – for example service stations, roadside restaurants, parking areas – and to access a POI database on a given map.
The Application has other features: (i) access to News, (ii) export the GPS coordinates of a POI to a navigation application and/or website, (iii) access to POI profiles in the database to view and modify them, (iv) claim a location as your own, (v) review or comment on a POI, (vi) share your position via social media.
These features are only available to users who create a personal account in the Application.
The Website is available to all users. It contains sections that present the Application and the points of interest as well as access to owner accounts (available if you create a personal account in the Application).
2. Downloading the Application
The Application can be downloaded from Google Play and Apple Store.
3. Personal account
To benefit from our services, you need to create a personal account.
4. Use of the Application and/or Website
Authorised use: If you agree to and comply with these GTC, and unless we terminate them, we grant you the non-exclusive, non-transferrable, free and revocable right to access the Application and/or Website and use it in compliance with these GTC strictly for personal use.
The following constitutes unauthorised use.: (i) Reproduction, representation, use, adaptation or translation of the Application and/or Website or any of its content, in whole or in part, for other purposes on any media, (ii) extraction of part or all of the Application and/or Website, and/or its content, or the creation of works derived in whole or in part from the Application and/or Website, and/or its content, (iii) reverse engineering, decompilation, dismantlement, or transformation, by any means, of the Application and/or Website’s code into source code, (iv) distribution, sub-licence, transfer, sharing, sale, hire or loan, by any means, of the Application and/or Website or the right to use them, (v) deletion or modification of copyright, royalties or tradename of the Application and/or Website that we or our licensors possess, and (vi) use of the Application and/or Website for purposes other than those expressly authorised by these GTC.
Availability and accessibility: We strive to make the Application and/or Website accessible at all times, but we cannot guarantee service at all times without fault.
We reserve the right to modify all or part of the Application and/or Website at any time, including and without limitation, the right to delete, modify and/or alter components, characteristics and features of the Application and/or Website.
You acknowledge that you can only use the Application or Website if your device is connected to the internet. Internet connection costs incurred by using the Application and/or Website are subject to the general terms and conditions of your internet access supplier. You also understand the risks inherent in using the internet, notably including the fact that the Application and/or Website may be temporary unavailable, the risks regarding confidentiality and those affecting transmitted data, virus attacks, etc.
Without prejudice to our rights or remedies, we reserve the right to temporarily or definitively suspend your access to the Application and/or Website at any time without notice if you breach any of the provisions of these GTC.
If we feel that you have made illegal and/or unauthorised use of the Application and/or Website, we reserve the right to take any measures necessary, including terminating the contract without notice and, for illegal use, to take legal action.
5. Duration and termination
The GTC apply as long as you use the Application and/or Website. We may terminate these GTC at any time and prevent you from accessing the Application and/or Website. If these GTC are terminated for any reason, the rights you have been granted through these GTC will also be terminated and you will no longer be authorised to use the Application and/or Website.
The Application and/or Website and their content are protected by intellectual property rights, in particular royalties and copyright, which remain the exclusive property of our licensors and/or ourselves. These GTC must not be interpreted as transferring ownership of the Application and/or Website to Users. All the rights relevant to the Application and/or Website that are not expressly granted to Users are reserved for us.
Data regarding the points of interest collected and published by users of the Application and/or Website for consultation together constitute a database, produced and owned by Michelin. The content of this database is therefore protected by copyright as well as by the provisions of the Law 98-536 dated 1 July 1998 on the legal protection of databases, based on directive 96/9/EC from 11 March 1996.
6. Content created by Users / Third parties
The Application and/or Website may feature content created by user (CCU) or third parties, in particular addresses, opening hours, and services. We cannot be held liable for this content, and do not necessarily share the opinions expressed by those who publish the content. You alone are responsible for your CCU and can be held legally liable for it.
The content created by third parties is the responsibility of those parties and their accuracy and integrity cannot be guaranteed. You acknowledge that by allowing you to view and publish content on the Application and/or Website, we accept no liability or responsibility for that content.
Michelin and its directors, employees and shareholders are not obliged to monitor inappropriate or illicit content on the Application and/or Website, and are not responsible for the aforementioned content in any way. This notwithstanding, we reserve the right to block or delete content at any time.
Users are required to publish only licit content that does not breach or limit any rights. In relation to each of your publications, you guarantee that (i) you have all the necessary licenses, rights, consent, and permissions to use and authorise Michelin to use all copyrights, tradenames, and other property rights for those publications and (ii) you have the written consent or permission of all identifiable individuals for each publication, to use the name and image of the individuals in each publication, in accordance with the GTC.
As such, you agree to refrain from the following: (i) submitting content protected under copyright, or trademark or any other property rights, in particular intellectual property and personality rights, unless you hold those rights or have obtained the consent from the holder of those rights to publish the content and grant us the rights mentioned above; (ii) publish fake or misleading content that could cause damage to us or to third parties; (iii) submit content that is illicit, immoral, obscene, defamatory, threatening, pornographic, paedophile, revisionist (denying the existence of the Holocaust), intimidating, hateful, racist, abusive, inciting political, racial or xenophobic violence, breaching any laws, or otherwise inappropriate; or (iv) publish advertisements or commercial canvassing. If you submit multimedia content, Michelin will not publish them elsewhere, except according to the conditions of these GTC, without your consent. Nevertheless, other users may copy or download the content published on the Application and/or Website.
By publishing CCU on the Application and/or Website, you authorise Michelin to use the published content for free, worldwide, on all media for a period of three years from the date of publication of the content on the Application and/or Website.
All unauthorised use of the Application and/or Website may result in legal action for damages and interest and/or lead to penal punishment.
Michelin, its directors, employees, and service providers cannot be held liable for any loss or damages resulting from or relating to your use of the Application and/or Website or any information, service or content on the Application and/or Website.
You will be held liable for any damages we incur resulting from you breaching these GTC. You agree to compensate and release Michelin, its directors, employees, shareholders, licensors and insurers of any responsibility for losses, expenses, damages and fees, including reasonable legal fees resulting from your breach of these GTC.
The Application and/or Website is offered “as is”, with no guarantee. We cannot guarantee that the Application and/or Website and content (i) will comply with your needs (ii) is free of errors or omissions (iii) will always be available and accessible uninterrupted. We reserve the right to correct all errors or omissions on the Application and/or Website.
Access to the Application and/or Website is granted on a temporary basis. We can suspend, withdraw, interrupt or modify all or part of the Application and/or Website at any time and without notice. You agree that Michelin cannot be held liable for these suspensions, modifications, or interruptions to the Application and/or Website.
Risks related to using the internet. It is expressly reminded that the internet is not a secure network. We cannot be held liable for any viruses or intrusions by third parties into your device’s system, and decline all responsibility for the consequences of your access to the Application and/or Website which cannot be attributed to us.
In particular, we cannot be held liable for any damages for which we are not responsible, caused to your IT equipment and data stored on it, as well as the result of any personal or professional activity.
You are responsible for taking all the appropriate measures to protect your devices and the data stored on them against attacks. You agree that you use the Application and/or Website at your own risk.
Malfunctioning of the internet. We decline all responsibility for malfunctioning of the internet, telephone lines, and other equipment preventing access to the Application and/or Website.
Links to third-party websites. The Application and/or Website may contain links to third-party websites over which we have no control. We are not responsible for the confidentiality and content of these websites.
8. Data protection and confidentiality
Whenever you access and use the Application and/or Website, within all legal limits we may collect the personal data that you provide (e.g. your name, email address, telephone number, etc.) or generated by accessing and using the Application and/or Website. For more information on how your personal data is used, please consult our Confidentiality Policy.
9. Modification of GTC
We may update these GTC and modify them at any time to take effect in the future alone. We will inform you of any substantial modifications by placing a visible notification on the Application and/or Website. You will be considered to have agreed to the modified GTC if you continue to use the Application and/or Website. If you do not agree with the modifications or adaptations made to the GTC, you cannot access or use the Application and/or Website.
10. Applicable law and disputes
These GTC are governed by French law.
In case of dispute, we invite you to first contact us at our Truck Marketing Division (Service Marketing Poids-Lourds, Michelin, Place des Carmes Dechaux, 63040 Clermont- Ferrand Cedex 9) to reach an amicable solution. If an amicable solution cannot be found, all disputes relating to these GTC will be subject to the relevant French jurisdiction. Please be aware that you may seek conventional mediation or any alternative means to settle the dispute before taking legal action.
11. General information
These GTC form the entire agreement between us with regards to the use of the Application and/or Website, and replace any other communication or advertisements relating to the Application and/or Website. The GTC coexist with and do not replace our Confidentiality Policy.
If one or more of the stipulations of these GTC are declared invalid, in whole or in part, this has no effect on the validity of all other stipulations.
If you or we do not exercise a right resulting from the Application and/or Website, these GTC will not under any circumstances be considered as a renunciation of the exercise of that right.
Nothing in these GTC can be interpreted as directly or indirectly giving third parties any benefit or right to act against us and the third parties are not authorised to oppose us with regards to any of the stipulations of these GTC.
In effect since 16/10/2018