Terms of Service for
the BikeWay application for smartphones.
the BikeWay application for smartphones.
Article 1. Legal Information(Article 6 of Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy)
The BIKEWAY application is published by: Astragale Sarl, a limited liability company under French law with a capital of € 2,000, registered with the Trade and Companies Registry of La Rochelle under number 491 423 059 0022, whose head office is located at 114, rue de Gros Jonc , 17580 Bois-Plage en Ré.Telephone : + 33 685 961 260/ email : email@example.com Téléphone : + 33 685 961 260/ adresse e-mail : contact@ mybikeway.fr The digital installations are hosted by the company OVH whose head office is located at 2 rue Kellermann, 59100 Roubaix.
Article 2. Presentation of the applicationTo provide a GPS for cycling on the cycle tracks in France.
Article 3. ContactFor any questions or request for information concerning the BIKEWAY application and its content, the user may contact the publisher at the following e-mail address: firstname.lastname@example.org or send a registered letter by recorded delivery to Astragale SARL - 114, rue de Gros Jonc, 17580 Bois Plage en Ré
The publisher reserves the right to modify, at any time and without notice, the application, notably in the framework of an update of the services and in particular to adapt to the development of the application by the provision of new features, deleting and / or modifying existing features.
It will be up to the user to refer to the latest version of the Terms accessible at any time in the application before any navigation takes place. In case of a disagreement with the Terms, no use of the application can be made by the user.
Article 5. Access to navigationThe publisher implements the technical solutions at his disposal allowing access to the application 24 hours a day, 7 days a week. He may nevertheless at any time suspend, limit or interrupt access to the application or certain pages of it in order to update or modify its content, or other actions deemed necessary for the proper functioning of the application.
Article 6. Services reserved for registered users
Access to the services of the application is on condition of the free registration of the user. The registration and the access to the service of the application are reserved exclusively for those people of sound judgement, having filled and submitted the registration form available in the application, and thus accepting the current general conditions of use.
When registering, the user agrees to provide accurate, truthful and up-to-date information about his or her personal data. The user will also have to regularly check their data in order to maintain the accuracy.
The user must provide a valid e-mail address or a valid mobile number to which the publisher will send a registration confirmation code to access the application services. An e-mail address and a mobile number cannot be used multiple times to register for the service.
Any communication made by BIKEWAY and its partners will be deemed to have been received and read by the user. The latter undertakes to regularly consult the messages received on his or her e-mail address and to respond within a reasonable time if necessary.
Only one registration for the application service is allowed per person.
The registered user will be assigned a unique code allowing him to access a placeholder (hereinafter "My account"), allowing him to enter his username and password that remain at any time editable by the user in the same space "My Account". The password must at all times remain private and confidential, the user agreeing not to communicate it to third parties.
The Publisher reserves the right to refuse an application for registration to the services of the application, in case of non-compliance by the user of the provisions of these general conditions of use.
- If the user uses the application illegally.
- If the user has not been active on his personal space for at least one year.
In the event that the publisher decides to delete the personal space of the user for one of his reasons, the action does not constitute damage for the user whose account was deleted.
Article 7. ResponsibilityThe publisher is only responsible for the content he has edited himself, without being subjected to an obligation resulting from it.
The publisher disclaims any responsibility for :
- misuse of the application by the user
- technical, computer or software compatibility failures of the user, whatever it may be.
- direct or indirect, material or non-material, foreseeable or unforeseeable damage, resulting from difficulties in the use of the application and its services.
- the difficulties of use related to the intrinsic characteristics of the network communication, in particular those relating to the lack of viability and the lack of security of the information circulating.
- unlawful content or activities using its application and this, without its knowledge within the meaning of the law in accordance with the Data Protection Act of January 6, 1978 with respect to personal data.
Limitation of responsibility and guarantee of the use of bikewayYou should not try to view or to click on an announcement during the conduct of a vehicle or a bike. You are solely responsible to lead in a responsible way, and you recognize and accept that, in case of violation of this arrangement, The third announcers will not be responsible for direct, indirect, secondary or consecutive damage or for such direct, indirect damage (including the loss of earnings and the loss of data)
Bikeway supplies the service and the contents included in the frame to be used "as they stand" and "such as available". They cannot be personalized to meet the needs of every user. We exclude by the present any guarantees and representations, express or implicit
Furthermore, without breaking the clause above, bikeway decline any guarantee concerning the accuracy of cards, contents, road conditions, routes or tracks of traffic were presented or were shown in or by the service. The existing tracks can be absent in the card; the users can subject a contents or defective or inaccurate reports. Such errors and omissions are inherent to any community service operating on the messages of the users and on the information supplied by these.
You accept and recognize that you assume the full, exclusive and exclusive responsibility of the use of the service and the confidence which you give to him, and you also accept and recognize that your use of the service or your confidence towards him/her are completely at your own risk. You recognize besides that he is of your responsibility for respecting all the applicable laws (including the traffic rules) during the use of the service
Bikeway, including his leaders, administrators, employees, subcontractors and agents, cannot be held responsible for any direct, indirect, secondary or consecutive damage, or for any other damage and loss (including the loss of the property and the loss of the data), expenses and payments, money failed Wrongly, contract employees either of any other form of responsibility, resulting from the use or from the incapacity to use the service, or of any failure, error or panel function of the service, or any lack, or the error of our staff or every person acting on his/her behalf, or of your confidence on the contents of the service, including, of the contents native of third
Breach and compensation Without breaking any applicable law, you agree to indemnify and to like unhurt bikeway and his employees, leaders, administrators and agents, as well as all the third announcers, against all the complaints, the damage, the spending, the losses and the responsibilities resulting further to your violation of these service
The user is responsible for: - the protection of his equipment and data provided.
- the use he makes of the application and its services.
Article 8. HyperlinkThe application site may contain hypertext links to other websites over which the application does not have control. Despite the prior and regular verifications carried out by the publisher, it declines any responsibility as for the contents that it is possible to find on these sites.
The publisher authorises the setting up of links to all pages, referring to his site provided that this installation is not created for commercial or advertising purposes. In addition, the publisher of the site and the application must be informed before any use of this hyperlink.
The user acknowledges that this authorisation explicitly excludes sites that disseminate information that is unlawful, violent, controversial, pornographic, xenophobic or that may affect the sensitivity of many people or, more generally, that could affect public order.
Finally, the publisher reserves the right to have a hypertext link pointing to its site removed at any time, particularly in the event of non-compliance with its editorial policy.
Article 10. Data protectionIn accordance with the Data Protection Act of January 6, 1978, the user has the right to query, access, modify, oppose and rectify his personal data. By adhering to these general conditions of use, the user agrees that the publisher collects and uses the user's data for the proper functioning of the application. By entering its data on the application, the user will receive e-mails containing information and promotional offers concerning products published by ASTRAGALE SARL and its partners. The user can unsubscribe at any time. All you have to do is click on the link at the end of the publisher's e-mails or contact the person responsible for processing by registered post. The publisher performs on all its sites a tracking of attendance by the use of tools such as those given by the distributors of application (Apple Store - Google store)
Article 11. Intellectual propertyThe structure of the application but also the texts, graphics, images, photographs, sounds, videos and computer application of which it comprises are the exclusive property of the publisher and are protected as such by the laws in force under intellectual property.
All intellectual property rights belonging to the publisher and relating to the application BIKEWAY, will remain without limitation its exclusive property.
Any representation, reproduction, adaptation or partial or total exploitation of the application, its contents and services offered by the publisher's website, by any means whatsoever, without the prior express written permission of the publisher, is strictly prohibited except for items expressly designated as free of rights on the site.
The user declares to refrain from infringing the intellectual property rights of the publisher.
The trademark "BIKEWAY" is registered with the INPI on 24-1-2019 under the reference: 4518368 INPI
Article 12 – Applicable lawThese general conditions, the acts and operations arising from them and any disputes related to their application are governed and interpreted in accordance with French law.
Article 13 – Applicable lawEverything that has been submitted to the application of the general conditions of use will be submitted to the competent court of La Rochelle.