Legal Notice

GENERAL CONDITIONS OF ACCESS AND USE OF B2eBike's OOW® SERVICES

(version updated on 29/10/2019)

Article 1 – Presentation of the Services

OOWI® is a self-service bicycle service requiring neither interactive terminals nor attachment points to subscribe to the service or use a bicycle (hereinafter the "Bike Service"), offered by the company B2EBIKE-OOWI, a company by simplified shares with a capital of 333,000 Euros whose registered office is located at 80 RUE DU BOURBONNAIS 69009 LYON, registered with the Lyon Trade and Companies Register under number 821744521 (hereinafter referred to as the “Company”) via the website www. b2ebikel.com (hereinafter referred to as the "Site") and the OOWI mobile application hereinafter referred to as the "Application").

These GCAU govern the provision of the Services to natural persons for their personal use (hereinafter referred to as the "User(s)") under the conditions defined below.

Article 2 – Definitions

Subscription: refers to any subscription taken out by the User within the framework of the Bike Service, as defined in article 4.1.2 of the GCAU as well as on the Site and/or the Application. CGAU: refers to these general conditions of access and use of the Service.

Account: refers to the account created by the User on the Application, subsequently allowing the use of the Service.

Session: designates the period of use of the Bike by the User, starting from the unlocking of the Bike when it is rented and ending at the time of the closing of the rental by the User, including any use beyond the Authorized Continuous Use Period defined in article 4.1.3.

Customer Service: refers to the Company's customer service, which can be contacted by the User for any question relating to the Services, either via the Contact Us section of the Application, or by email at contact@b2ebike.com, or by post with acknowledgment of receipt to the following address: B2EBIKE-OOWI – Customer Service – 78 rue du Bourbonnais 69009 Lyon.

Smartphone: designates a mobile telephone generally having a touch screen, a digital camera, the functions of a personal digital assistant and certain functions of a laptop computer. As part of the Service, the Smartphone used by the User must work with one of the following operating systems: Android (version 4.3 or higher) or iOS (version 9 or higher).

Bicycle: refers to the non-motorized two-wheeled vehicle, whose motor capacity is activated by a circular movement of the User's legs, and rented by the Company as part of the Bicycle Service.

Coverage Area: designates the geographical area within which the Services are provided by the Company to the User and outside the limits of which the User may no longer validly return a Bicycle without being subject to the defined Penalties in article 11.1 of these GCAU. This Coverage Area is materialized city by city by a green background applied to the Application map showing the available Bikes.

Parking Zone: designates the mandatory bicycle parking zone that allows the user to end the race. Outside this perimeter, the user cannot return a bicycle, nor end his race. He will be subject to the Penalties defined in article 11.1 of these GCAU in the event of non-compliance with the rules.

Article 3 – Legal framework – Contractual conditions

The Services offered by the Company are subject as to their description and their methods of execution (i) to the presentation of the Services accessible on the Site, the Application and the official pages of the Company's social networks.

When Using a Bike, any User must comply with the GCAU, the information displayed on the Bikes and the indications appearing on the Application for the Account creation and reservation processes. This set of conditions, each of which has the same contractual value, constitutes the contract that binds the Company to the User (hereinafter the "Contract") once his Account has been created.

Any Use of the Services by the User, following the processes described in Article 6 below, implies full, complete and unreserved acceptance of the GCAU by the User. The User expressly waives the right to invoke his own conditions of purchase or other conditions, by validating the conditions of the Contract as part of the process of creating and validating his Account. The GCAU prevail over any other general or specific conditions of sale or purchase of the User that have not been expressly accepted by the Company.

The GCAU apply to any use of the Services by a User and are available at any time on the Site and the Application.

The User undertakes to read the GCAU and to accept them before the first use of the Services by ticking the relevant box. The User is informed that the mere fact of using the Services implies full and unreserved acceptance of all the stipulations provided for in the GCAU. He acknowledges being fully informed of the fact that his agreement concerning the content of the GCAU does not require the handwritten or electronic signature of a document.

The Company reserves the right to modify the GCAU at any time, without notice. However, the GCAU as amended will only be applicable and enforceable against the User on the sine qua non condition that the latter has accepted them, by checking the box provided for this purpose, in the context of the use of the Services. immediately following these modifications. Failing acceptance of the new CGAU as modified, the User will not be able to access and use the Services.

Article 4 - Description of Services

4.1 Presentation of the Bike Service

The Bike Service allows the User, after having created an Account on the Application, to use a Bike in the manner described below.

The Bike Service is a self-service bicycle rental service without interactive terminals or attachment points, allowing the collection and return of Bicycles anywhere, within the limit of the Coverage Area brought to the attention of the User.

The Bike is equipped with a connected box equipped with a mechanical lock, allowing the User to borrow and return a Bike.

Renting a Bike can be done in two different ways:

• -   The rental billed at the time spent (in installments of a predetermined duration);

• -   The rental as part of a previously subscribed Subscription.

  4.1.1 Overview of time-based billing

  Sessions are billed by the minute of use, any minute started being due in full.

  4.1.2 Presentation of Subscriptions

  The Subscriptions offered as part of the Bike Service are as follows:

Name

Description

DAILY SUBSCRIPTION

 The Subscription includes an unlimited number of Sessions, for a period of twenty-four (24) consecutive hours starting at the time of subscription to the Daily Subscription in question.

MONTHLY SUBSCRIPTION

•    The Subscription includes a period of use of one hundred and twenty (120) minutes (i.e. 2 hours) per day starting during a period from midnight to midnight on the day following that of the subscription to the Subscription (hereinafter a "Day"), usable within the framework of an unlimited number of Sessions.

  Any Session resulting in exceeding the overall volume of minutes included in the Subscription will give rise to invoicing excluding Subscription, on the basis of all the excess minutes.

  Any Session beyond the volume of minutes included in the Subscription for the same Day will give rise to invoicing outside the Subscription, on the basis of all the excess minutes.

•    Subscription valid for thirty (30) days from date to date, from the day of its subscription.

 

 

SEMI-ANNUAL SUBSCRIPTION

•    The Subscription includes a period of use of one hundred and twenty (120) minutes (i.e. 2 hours) per day starting during a period from midnight to midnight on the day following that of the subscription to the Subscription (hereinafter a "Day"), usable within the framework of an unlimited number of Sessions.

  Any Session resulting in exceeding the overall volume of minutes included in the Subscription will give rise to invoicing excluding Subscription, on the basis of all the excess minutes.

  Any Session beyond the volume of minutes included in the Subscription for the same Day will give rise to invoicing outside the Subscription, on the basis of all the excess minutes.

•    Subscription valid for 6 months from date to date from the day of its subscription.

ANNUAL SUBSCRIPTION

•    The Subscription includes a period of use of one hundred and twenty (120) minutes (i.e. 2 hours) per day starting during a period from midnight to midnight on the day following that of the subscription to the Subscription (hereinafter a "Day"), usable within the framework of an unlimited number of Sessions.

  Any Session resulting in exceeding the overall volume of minutes included in the Subscription will give rise to invoicing excluding Subscription, on the basis of all the excess minutes.

  Any Session beyond the volume of minutes included in the Subscription for the same Day will give rise to invoicing outside the Subscription, on the basis of all the excess minutes.

•    Subscription valid for one year from date to date from the day of its subscription.

The early end of a Subscription, for example in the event of deletion of the User's Account, will not give rise to any reimbursement, even partial, of the price of the Subscription.

4.1.3 Availability of the Service and Period of Use of the Bike

The User may rent a Bike for an unlimited number of Sessions, subject to availability and compliance with the conditions specific to Subscriptions. However, a Session may not exceed a duration of 24 (twenty-four) consecutive hours (hereinafter the “Authorized Continuous Use Duration”).

In the event of a dispute over the duration of use of the Service by the User, the data delivered by the Company's computer server shall prevail, unless evidence to the contrary is provided by the User. Beyond the Authorized Duration of Continuous Use, the Bicycle will be considered as not returned and the Company reserves the right to debit the amount corresponding to the penalties defined in Appendix 1 of the GCAU, by direct debit from the User's Card , which the User acknowledges and expressly accepts.

The Bike Service is accessible within the limit of the Bikes available in the territory where the Service is located, except in the event of a temporary breakdown, force majeure or the issuance by the competent authorities of a total or partial, temporary or permanent restriction, the provision of Bicycles or bicycle traffic in the territory where the Service is located.

The Company will make its best efforts to inform the User in real time of the conditions of availability of the Service and the Bikes via the Site and/or the Application.

 

Article 5 – Terms of subscription to the Services

5.1. Subscription to Services

5.1.1 Creating an Account

5.1.1.1 Creation of an Account for the Bike Service only

In order to be able to use the Bike Service, the User creates an Account by completing the registration form in the Application.

The user :

• ✓   chooses his username (email), which will allow him to connect and

  to access the information of his Account,

• ✓   enters their contact details (surname, first name) knowing that, for Users with

  a Facebook or Google account, they are offered to connect directly

  through their Facebook or Google account,

• ✓   accepts the CGAU, the Privacy Policy and the general conditions

  use of the Application, by ticking the box provided for this purpose.

  Once these elements have been completed, the User must then:

•    indicate his date of birth, in order to be able to confirm that his age (as indicated

  in Article 6.1.3) allows him to have access to the Bike Service;

•   consent to the transfer of personal data to partners of

  the Company located outside the European Union, for the purposes of the administration and technical maintenance of the Bike Service, as well as for the management of customer service;

•   formulate preferences regarding consent to receive newsletters and commercial messages from the Company or its partners, consent to receive such messages being optional.

  Once this information has been completed, the User is invited to register. He will then receive a verification code, at the email address previously indicated. The User must then:

  ✓ Enter this verification code in the Application, ✓ Define a password,

✓ Confirm password.

Once registered, the User must then choose the Service(s) to which he wishes to have access. If the User chooses the Bike Service only, he is then redirected to the map indicating where the available Bikes are.

For the creation of his Account, the User is solely responsible for the choice of his identifiers and his contact details, in particular with regard to the rights of third parties in terms of identity theft or intellectual property rights, and that of his password, as well as the maintenance of their confidential nature and, failing that, of all consequences.

In case of loss or forgetting of his identifier, the User must contact Customer Service.

In the event of loss or forgetting of his password, the User is invited to refer to the procedure indicated via the “forgotten password” hyperlink in the Application. In this context, the User must indicate his identifier (mobile phone number or email address); a verification code will then be sent to him via the identifier indicated. The User will then be redirected to a page on which he will have to (i) enter the verification code previously transmitted and (ii) define a new password. The User must finally save this information in order to activate his new password.

In order to be able to use the Bike Service, the User must then enter their bank details and fund their Account with a minimum amount, as indicated on the Application and/or on the Site. In this context:

• ●  Only payments by bank cards from the CB, Visa, MasterCard and American Express networks are accepted, with the exception of prepaid payment cards (hereinafter the "Cards"),

• ●   The User authorizes the Company to debit from the bank card registered on his Account the amount due for the Subscription and/or other paid uses of the Service, as detailed in the GCAU . With this in mind, the details of the User's bank card are recorded via an online payment security system with the company STRIPE under the conditions provided for in article 10.2 of the GCAU,

• ●   Access to the Bike Service requires the User's Account to indicate a valid bank card.

  Once all of these steps have been completed, the User will be able to consult the balance of his Account directly in the Application, and a statement of his Sessions will be available on his Account in the "History of my journeys" section. In the event of a complaint about one of his Sessions, the User must provide the number of the corresponding Bike, as well as the times for picking up and dropping off the Bike.

  Not being required to verify the identity of each User, the Company cannot be held liable in the event of fraudulent use of the means of payment or of a User's Account.

  The Company reserves the right to refuse or cancel the creation of an Account or access to the Bike Service for any User who does not meet the conditions required by the GCAU.

 

5.1.2 Security, loss, theft of identifiers and/or passwords

When creating his Account, the User enters a valid email which is used as an identifier, and chooses a password that meets the complexity conditions required by the Application.

The username and password defined above are strictly confidential and for personal use. Therefore, the User undertakes not to disclose them to anyone and in any way whatsoever. The User is solely responsible for their custody and will be presumed responsible for any use of the Services and more generally for all acts and actions carried out from or via his Account. In the event of loss, theft or misappropriation of his username or password, the User undertakes to notify Customer Service as soon as he becomes aware of it.

5.1.3 Deleting an Account

The User may at any time request the deletion of his Account by sending a request to this effect by email to Customer Service at: contact@b2ebike.com. The deletion of the Account will only be effective after the end of any current Session and will terminate any current Subscription, without the possibility of reimbursement of the unused Subscription period.

Any deletion of an Account at the User's request will give rise to the return of the credit, if any, available on the User's Account and which would have remained unused on this Account, excluding the races offered and credited to the User's Account. User in previous transactions. The Company, without prejudice to any recourse or action with a view to recovering the full amount of its debt, may however, first of all deduct from this credit balance all sums due by the User in the context of the Services and not fully settled on the day of the request to delete the Account.

In the event of a breach by the User of the provisions of these GCAU, the Company reserves the right to proceed with the deletion of the Account, unilaterally and without compensation,

after formal notice sent to the User by e-mail, which remained unsuccessful for a period of seven (7) calendar days from the date it was sent.

The Company reserves the right to suspend any new request to create an Account for any User whose Account has already been deleted for breach by the User of the provisions of the GCAU (in particular if the Account has been deleted for unpaid without the User regularized his situation).

The termination of an Account leads in all cases to the deletion of the User's Subscriptions attached to this Account.

5.2 Terms of withdrawal

As part of a Subscription, the User, if he is a non-professional natural person, is informed that he has a right of withdrawal, in accordance with the provisions of Articles L. 221-18 and following of the Code of the consumption. This right can only be exercised by the User within a period of fourteen (14) clear days from the date of his order.

In this case, the User informs Customer Service of his decision to withdraw by returning before the expiry of the aforementioned period, by post with acknowledgment of receipt to Customer Service (B2EBIKE-OOWI – Customer Service – T80 rue duBourbonnais 69009) Lyon or by email contact@b2ebike.com):

• -   the withdrawal form, either previously sent to the User by e-mail confirming his subscription to the Subscription, or downloadable via the link below, duly completed, or

• -   any other unambiguous declaration expressing its desire to retract.

  Withdrawal form_OOWIMobilities.docx

  If the Service has not started before the expiry of the withdrawal period, the User will be reimbursed for all sums paid.

  If the Service has started before the expiry of the withdrawal period, the User will be reimbursed for the sums paid, after deduction of (i) the time of use of the Service, pro rata temporis, and (ii) where applicable, the corresponding amount the number of days of Subscription subscribed until the day of the withdrawal request.

  Article 6 - Terms of use of the Services

  6.1 Terms of use of the Bike

  6.1.1 Conditions for renting a Bike

  The Bike Service is only accessible from a Smartphone via the Application, the Site only allowing access to presentations and information on the Bike Service.

  To have a Bike, the User must therefore have, throughout his rental (including when returning the Bike), a mobile phone such as a Smartphone as well as Internet access for him. to download and then use the Application.

  Once the Application has been installed on his Smartphone, his Account has been created and the Bluetooth and geolocation features of his Smartphone have been activated, the User

will be able to view the Bikes available for hire near him, as well as within the limits of the Coverage Area.

Once near the Bike, the User can unlock it using the Application. To do this, the User must press the "Unlock" button displayed at the bottom of their screen and then point the camera sensor fitted to their Smartphone towards the QR code located on the padlock at the back of the Bike.

If the User has credit on his Account, has previously accepted the GCAU, and subject to the availability of the telecom network allowing the connection between the Application and the Bike, the Bike's lock will unlock automatically. The User must then release the safety cable from the arch to which the Bike is attached, and insert the end piece into the slot provided for this purpose in the padlock. The User will then be able to use the Bike.

To unlock the Bike, and failing to be able to read the QR code successfully, for whatever reason, the User may also choose to manually enter, in the Application, the identification number located on the side of the bike.

A period of three (3) minutes is imposed on the User between two Sessions.

6.1.2 Conditions for returning a Bicycle

To return the Bicycle, the User must deposit his Bicycle in the Coverage Zone and in the immediate vicinity (i.e. within a radius of 25 meters) of one of the parking spaces indicated on the Application. When returning it, the User must park the Bicycle in a discreet manner, which does not obstruct pedestrian or road traffic, and which protects the Bicycle from any possible damage.

The User, to close his Session, must then:

1. manually close the padlock using the security cable (if the Bicycle is

   equipped): to do this, the User must pass the security cable through a bow provided for this purpose in the chosen parking space and insert the end of this cable into the slots provided for this purpose on the padlock of the Bike,

2. end his Session on the Application: the User will then be invited to take a photograph of the parked Bicycle, the Session being closed in the Application after final confirmation of the end of his rental by the User. To be valid, the photograph of the Bike taken by the User must meet all of the following cumulative conditions:

o The photograph must show the safety cable (if the Bike is fitted with one) surrounding a dedicated arch for parking bikes;

o The photograph must show the identification number of the Bicycle, affixed to its frame;

o The photograph must show the Bike undamaged.

If a Bicycle is not parked in the Coverage Zone indicated on the Application, it will then be considered as incorrectly positioned and penalties may apply, in accordance with article 11.1.1 and Annex 1 of the GCAU .

If a Bicycle is not parked in the immediate vicinity of one of the parking spaces indicated on the Application or if the photograph does not meet one of the conditions for its validity, the User may be notified by email or SMS , non-compliance with the rules for returning the Bike and being subject to penalties, in accordance with article 11.1.1 and Appendix 1 of the GCAU.

6.1.3 Restrictions on the use of the Bike Service

Access to the Bike Service is prohibited for people under the age of 16, accompanied or not.

The Service is accessible to minors between the ages of 16 and 18; the purchase of the Subscription can be made by the legal representative and/or under his responsibility.

Thus, and as defined in article 8 of these GCAU, the parent or legal representative of any minor subscribed to the Bike Service, will be held liable for any damage caused directly or indirectly by the minor as a result of the use of the Bike Service.

The identifiers and passwords are strictly personal, it is therefore forbidden for the User to lend, rent or transfer his identifiers and/or passwords allowing access to the Bike Service.

The User is authorized to use the Bike in accordance with the GCAU and for private and reasonable use, which excludes in particular:

• ●   any use contrary to the provisions of the applicable road regulations, in particular the provisions of the Highway Code;

• ●   any use in connection with an illegal, immoral or indecent activity;

• ●   any use of the Bike that could endanger the User or third parties, in particular under the influence of alcohol or drugs;

• ●   any use on terrain or in conditions likely to damage the Bicycle;

• ●   any use of the Bicycle in a thoughtless or dangerous manner;

• ●   any use for purposes or in a professional setting;

• ●   any use of the Bike by a person other than the User;

• ●   any parking of the Bicycle in private spaces (interiors of private properties,

  condominiums, gardens or private courtyards, etc ...);

• ●   the transport of any passenger whatsoever, in any way whatsoever;

• ●   the transport of any animal whatsoever, in any way whatsoever;

• ●   the transport of any illegal or dangerous element/object;

• ●   the transport in the front basket of a load greater than 5 kg;

• ●   any dismantling or attempted dismantling of all or part of the Bike;

• ●   any act or attempt to force, pick, modify or repair the Bicycle

  any way;

• ●   any addition of accessory(ies) or any other object on the Bike;

• ●  any locking of the Bicycle other than as indicated in the GCAU or

  the absence of locking;

• ●   and more generally, any abnormal use of a Bicycle.

  The Bicycle cannot support a total load of more than 120 kg.

  The Company reserves the right to terminate the User's Account automatically and without compensation if it turns out that the User does not comply with the conditions provided for in this article, and in particular in the event of theft, vandalism, in danger from others.

 

 

Article 7 – Malfunctions of the Bike

As part of the use of the Bike Services, the User is asked to carry out a visual inspection before unlocking it.

If the User discovers a malfunction after the Bike has been unlocked, he has one (1) minute for the Bike to relock the vehicle. In this situation, if the User:

• -   reports the problem on the Application,

• -  et respects the deadline mentioned above, he will not be charged for this Session.

  If the User discovers a malfunction during the use of the Service, he must return the Bicycle to the Coverage Area, to one of the locations for motorized two-wheelers indicated on the Application and lock it. The User is then invited to report the problem on the Application.

  The Company asks the User not to ride the Bike if a malfunction is identified, given the potential risk it represents for himself, other users of the Service and third parties.

Article 8 – Responsibilities and declarations of the User

8.1 General provisions

The User undertakes to have normal and private use of the Services. As such, the User undertakes in particular to use the Services in person, in a prudent, diligent and informed manner, and in compliance with the CGAU and the Highway Code.

The User assumes custody of the Bike he has rented. It will have to avoid its degradation, its destruction or its disappearance. He must return it in the same condition as when he unlocked it at the start of the Session, with the exception of normal wear and tear inherent in its use.

The User undertakes to collect and return the Bicycle within the framework of the periods and durations of use provided for in these GCAU. The User accepts in advance that any breach of this obligation will entitle the Company to the application of a fixed penalty, the final amount of which is set according to the terms and conditions provided for in Article 11.1 of the GCAU.

If the use of a Bicycle is found to be contrary to the provisions of the GCAU, the User undertakes to return the Bicycle at any time, at the first request of the Company or its representatives.

The User undertakes to notify Customer Service as soon as possible of the loss or theft of the Bike, or any other problem relating to the Bike, at most within 24 hours of the occurrence of the event, the Bike remaining in any event under its responsibility until its restitution. The reporting of any problem relating to the Bike can also be made via the Application.

The User remains solely responsible for all the objects that he transports within the framework of the use of the Services.

Finally, the User is solely responsible for updating his personal details and for the harmful consequences that could result from the absence of communication of any modification relating thereto.

8.2 Responsibilities and declarations within the framework of the Bike Service

The User declares to be able to use a Bicycle, to be at least 16 years old and to have a physical condition suitable for the practice of Cycling.

As the Bike is placed under the responsibility of the User, it is recommended that the User carry out, prior to the actual use of the Bike, a basic check of its main visible functional elements, and in particular:

• ●   the correct attachment of the saddle, pedals, mudguards and basket;

• ●   the proper functioning of the bell, brakes and lighting;

• ●   the overall good condition of the frame and tyres.

  Otherwise, the User must report any incident on the Application, and/or to Customer Service.

  It is further recommended that the User:

• ●   to adapt their braking distance or even to give up using the Bike in the event of bad weather (rain, snow, ice, fog);

• ●   to adjust the saddle to adapt its height to its morphology;

• ●   to wear an approved helmet and appropriate clothing;

• ●   to limit the transport of heavy or bulky objects in the front basket of the Bicycle, the

  total load of this basket must in any event not exceed 5 kg. In addition, the User undertakes, within the framework of the use of the Service and the use of the Bike,

  to scrupulously and unreservedly respect the provisions of the Highway Code.

  The User is solely and entirely responsible for damage caused by the use made of the Bike during a Session, including when it exceeds the Authorized Continuous Use Duration in the event of late return by the User.

  The parents or legal representatives of any minor registered with the Service, will be held responsible for any damage caused directly or indirectly by the minor due to the use of the Service.

  Any Session exceeding the Authorized Continuous Duration of Use is considered as a case of disappearance of the Bicycle until it is found, and may give rise to penalties under the conditions of article 11.1. Annex 1 of the GCAU.

  In the event of disappearance of the Bike he is using, the User has the obligation to report this disappearance to Customer Service within 24 hours of the opening of the Session and to file, within 48 hours with the police, a complaint for theft of the Bike remaining under its full and entire responsibility until the communication to Customer Service of a copy of the said complaint.

  In the event of an accident and/or incident involving the Bike, the User has the obligation to report the facts as soon as possible to Customer Service. The Bicycle remains under its responsibility until it is locked and returned to the Coverage Zone, in one of the parking spaces indicated on the Application.

 

1. Article 9 - Insurance

   9.1 As part of the Bike Service

   The User declares to have subscribed and to be the holder of a civil liability insurance in force which guarantees the consequences of the use of the Bicycle, this civil liability insurance having to cover him for any damage caused by the User within the framework of the use of the Service.

 

1. Article 10 – Financial conditions

   The price of the Bike Services includes the price of the Subscription possibly subscribed by the User and/or the price of its use in the form of Sessions which is variable according to the duration of the Sessions, calculated as indicated in the GCAU.

   The rates are indicated in the Application and/or on the Site before taking out a subscription or opening a Session, as well as on a rate sheet available on the Application or the Site.

   10.1 Terms of payment

   The User must imperatively provide at the time of the creation of his Account, and keep until the deletion of his Account, a valid Card. He must use this Card to credit his Account with a minimum amount then to re-credit it as the price corresponding to the Sessions is debited, retaining one of the amounts offered by the Application, as well as to pay for a Subscription .

   To be able to open a Session, the User must have a credit balance on his Account or have subscribed to a Subscription.

   As indicated in Article 5.1.1 of these GCAU, only Bank Cards from the CB, Visa, MasterCard and American Express networks are accepted (with the exception of prepaid payment cards), and their authorized spending limit must allow the Company to debit the Card for the amount of Subscriptions, Sessions and other costs of any kind within the framework of the Service (such as penalties).

   When creating his Account, the User agrees and undertakes not to cancel his Card without providing the details of a new valid Card, as well as to replace any invalid or expired Card with a valid Card, for lack of which the Account will not allow access to the Service until regularization.

   If the amount appearing at the start of the Session on the User's Account is not sufficient to pay the price of the Session, the Company will immediately deduct the difference from the User's Card. The same will apply to any Penalty.

   Unless express and specific derogation from these GCAU, in general, the Company will debit all sums due by the User (including all penalties and other costs of any kind) by direct debit from the User's Card, this that the User acknowledges and expressly accepts.

   In any case, and in particular if the debits made as indicated above were not sufficient to recover all the sums owed by the User, the Company reserves the right and the opportunity to exercise any recourse or action to recover the full amount of his claim.

   The User is informed that when registering a Payment Card, the Company, via its payment provider STRIPE, will authorize payment for a value of zero (0) or one (1) euro all taxes included, valid for a period of seven (7) days. For certain bank cards, the attached bank account may be temporarily debited by the User's bank for the lump sum of one (1) euro, all taxes included.

   10.2 Securing Payments

   The Company uses the services of STRIPE, a company specialized in securing online payments made by Cards.

   Payments are made via a secure and PCI-DSS certified payment interface. The provider company undertakes to maintain this certification (or any equivalent certification, whatever its future name) and is responsible for the security of the Cardholder data that it collects or, in one way or another , stores, processes or transmits in the name and on behalf of the Company.

   The User is informed that the provisions relating to the possible fraudulent use of his Card are those resulting from the agreement concluded between the User and the financial institution issuing his Card.

   Article 11 - Penalties - Bonus/Malus - Sponsorship

   11.1 Penalties

   In the event of a breach by the User in the context of the use of the Services, the User shall be liable to the Company for the sums defined below, due as penalties (hereinafter a "Penalty").

   The payment of a Penalty due by the User to the Company will be made in accordance with the provisions of article 10.1 of these GCAU.

   11.1.1 Penalties applicable within the framework of the Bike Service

   The nature of the events that may give rise to a Penalty within the framework of the Service and the amount relating thereto are defined in Appendix 1 of these GCAU.

11.2 Bonuses

A bonus system may be implemented as part of the Bike Services.

Certain actions by the User within the framework of the Services may give rise to the application of a bonus for the benefit of the User.

This bonus will come in addition to the balance indicated in the “My Scale” tab of the Application. The User may, at any time, consult the details of his bonuses via this tab.

The conditions for granting and using any bonuses will be defined on the Site and/or the Application.

11.3 Penalties

In addition to the Penalties defined in Articles 11.1.1 and 11.1.2 above, a penalty system may be implemented within the framework of the Bike Services.

Certain actions or inactions of the User within the framework of the Bike Services (such as parking outside the Coverage Area, voluntary damage to a Bike, non-compliance with the highway code, etc.) may result in place, in addition to the Penalties defined above, the application of a penalty against the User.

This penalty will be deducted from the User's bonus credit balance. The User may, at any time, consult the details of his penalties, via the "My Scale" tab of the Application.

The conditions and consequences of application of any penalties will be defined on the Site and/or the Application.

11.4 Sponsorship

When a User holding a Subscription recommends the Bike Service to a non-User third party who subsequently creates an Account and takes out an annual or semi-annual Subscription using the personal invitation code, the Company will offer, in a period of 15 (fifteen) days from this subscription, a gratuity, the terms of which will be defined on the Application.

When a User who does not hold a Subscription recommends the Vélo Services to a non-User third party who subsequently creates an Account and takes out an annual or semi-annual Subscription using the personal invitation code, the Company will offer, within 15 (fifteen) days of this subscription, a gratuity, the terms of which will be defined on the Application.

Article 12 – Tolls – Violations – Fines – Offenses

As part of the Service, fines, tickets and reports established against him and which are legally his responsibility. In accordance with the principle of personality of penalties, the User is legally responsible for any violation of the Highway Code, parking and traffic rules, any other law or regulation in force, and more generally for any criminal, civil or administrative, occurring during the use of the Service.

 

Article 13 – Suspension / Termination of the Service

A Subscription to the Service(s) cannot be terminated by the User, being subscribed for a period determined in advance, except for the cases provided for in article 13.3 of the CGAU.

 

 

13.2 Termination of the Subscription for fault of a User

A Subscription may be automatically terminated by the Company in the event of:

• ●   Expired or invalid card,

• ●   partial or total failure to pay any amount due for the Services,

• ●  fraud or non-compliant use of a Bicycle (by reference to the exclusions

  of use as defined in article 6.1.3 of the GCAU).

In all cases of termination set out above, the User will be liable for all sums of any kind due for use of the Service.

The Company may automatically terminate a Subscription, and without further formality, seven (7) calendar days after sending an email or letter of formal notice, inviting the User to regularize his situation, remained unsuccessful. As compensation, the Company may demand the immediate payment of any sum remaining due for the Service and, in any event, retain any sum already received in this respect.

The Company reserves the right to recover the amount of its claim in court.

The ability to terminate a Subscription open to the Company under this article does not exclude its right to apply any penalties to the User, the latter right being able to be applied in addition to the termination for lack of a Subscription, and in accordance with the provisions of article

 

11.1.1 and Annex 1 of these GCAU.

The termination of a Subscription leads in all cases to the deletion of the User's Account.

The Company reserves the right to suspend any new Subscription subscription request for any User whose Subscription has already been terminated for unpaid without having regularized his situation.

13.3 Termination of the Subscription for legitimate reasons

The User, or one of his beneficiaries, may terminate his Subscription at any time, only in the cases listed below, and must accompany his request for termination with the supporting documents relating thereto:

• ●  professional transfer (certificate from the employer),

• ●  death of the Client (death certificate),

• ●   loss of employment on a permanent contract outside the trial period (certificate

  job centre),

• ●  change of the User's main residence to another city

  (sworn statement and proof of address).

The request for termination for legitimate reasons must be sent by registered mail with acknowledgment of receipt with the supporting documents corresponding to the event in question, to the following address: B2EBIKE-OOWI – Customer Service – Tour Voltaire - 1 Place des Degrés - TSA 43214 - 92800 Puteaux.

If the termination is made ten (10) days before the end of the current calendar month, the termination will be effective on the 1st day of the following calendar month. If the termination is made less than ten (10) days before the end of the current calendar month, the termination will be effective on the 1st day of the second following calendar month.

The price that would have been overpaid for the subscription period after the termination takes effect will, after the request has been processed within a reasonable time, be fully reimbursed to the User or in the event of the death of his assignees, provided that there is no pending action in connection with a breach of the Service.

Article 14 – Complaints

All requests for information, clarification and any complaints must be sent to Customer Service via the Contact Us sections of the Site or the Application, by email to the address contact@b2ebike.com or by post to the following address : B2EBIKE-OOWI – Customer Service – 80 rue du Bourbonnais 69009 LYON.

Article 15 – Mediation

The User must submit his request to the CNPA mediator, domiciled at 50, Rue Rouget de Lisle 92158 Suresnes Cedex and can be contacted by email at the following address: mediateur@mediateur-cnpa.fr.

The terms of referral are more fully available on its website at the following address: http://www.mediateur-cnpa.fr/, subject to compliance with the conditions of admissibility of its request and within a period of less than one (1 ) year from its written complaint to Customer Service.

Article 16 – Intellectual Property

In accordance with Article L.612-1 of the Consumer Code, the User is informed of the possibility of having recourse, in the event of a dispute, to a conventional mediation procedure or to any other alternative method of dispute resolution.

The User must first have contacted OOWI® Customer Service with a written complaint.

The Site and the Application are intellectual works protected by intellectual property law. The Site and the Application as a whole and each of the elements that compose them (such as texts, databases, trees, software, animations, images, photographs, illustrations, diagrams, logos, sounds, music) are the exclusive property of the Company and/or other companies in the Group to which it belongs, which alone are entitled to assert the related intellectual property rights, as well as the specific rights of the database producer. Consequently, pursuant to the provisions of the Intellectual Property Code and international conventions, it is prohibited to represent, reproduce, modify, publish, adapt, exploit all or part of the Site or the Application, or the elements that compose it. , on any medium whatsoever, by any means whatsoever for purposes other than for the personal and private use of the User for non-commercial purposes without the prior written authorization of the Company. Violation of these provisions exposes the User to the penalties provided for both by the Intellectual Property Code and the Penal Code, in particular for infringement of copyright and trademark law, and those provided for by the Civil Code. in matters of civil liability.

The trademarks, logos and domain names that appear on the Site and the Application are the exclusive property of the Company and/or other companies in the Group to which it belongs.

Any reproduction or use of these trademarks or domain names, in any way and for any reason whatsoever, is prohibited.

The creation of hypertext links to the Site or the Application can only be made with the prior written authorization of the Company, which if granted may be revoked at any time and without compensation.

OOWI

Under this article, the term "Personal Data" means any information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, a identification, location data, online identifier, etc.

By creating an Account, the User consents to the collection and processing of his Personal Data by the Company or any designated service provider, in accordance with all applicable regulations regarding the protection of personal data, in particular the provisions of the General Regulations. on Data Protection n° 2016/679 of April 27, 2016 (RGPD), of the law "Informatique et Libertés" n ° 78-17 of January 6, 1978 modified in particular by law n ° 2018-493 of June 20, 2018, as well as the law "for confidence in the digital economy" n° 2004-575 of June 21, 2004.

The Company is responsible for processing the Personal Data collected as part of the Services.

In any event, the Company undertakes to comply with the laws and regulations in force relating to the protection of privacy.

The Personal Data collected by the Company from the User is strictly necessary for the management and execution of the Services (invoicing, payment, access to the Bikes, customer service, etc.). In this context, the User accepts that certain information collected concerning him may be processed in a country outside the European Union, the Company endeavoring to take appropriate measures to maintain an optimal level of confidentiality and security of the User's Personal Data, in particular by requiring all its subcontractors and service providers to implement all appropriate technical and organizational measures, on an ongoing basis, to secure the User's Personal Data and ensure the same level of protection as that required by French and Community regulations on Personal Data.

The User accepts that his Personal Data will be stored, processed and transferred by the Company to its subcontractors or service providers for the aforementioned needs, who will only be able to access it in compliance with the legal and regulatory provisions in force.

The Personal Data collected also allows the Company to inform the User of promotional offers or to inform him of new services, if the User has previously agreed to receive such communications when creating his Account or while using the Service.

In accordance with the law "Informatique et Libertés" of January 6, 1978, in its last amended version in force, and the General Data Protection Regulations, the User has the right to access, rectify, delete , opposition and portability of Personal Data concerning him, as well as a right to limit the processing that the Company operates in relation to his Personal Data, which he can exercise:

• -   in writing to the following address: B2EBIKE-OOWI – Customer Service – 80 rue du Bourbonnais 69009 Lyuon

• -   or by email at: contact@B2ebike.com

  For complete information on the processing of his Personal Data, the User is invited to consult the Privacy and Personal Data Protection Policy, in which are specified:

• -   the types of Personal Data collected;

• -   the retention periods of this Personal Data by the Company;

• -   the purposes of the processing of Personal Data;

• -  the recipients to whom the Personal Data are transmitted;

• -   the rights of the User with regard to the processing of their Personal Data;

• -   information about the Company's cookie management policy.

  Article 18 – Archiving – Historical Evidence

  The computerized registers, kept in the computer systems of the Company and/or its subcontractors or service providers under reasonable security conditions, are considered as proof of communications, use of the Service and payments made between the Company and the User. The Company archives the invoices on a reliable and durable medium constituting a faithful copy, in accordance with the provisions of article 1348 of the Civil Code, and which can be produced as evidence during the time of the commercial guarantees of the purchases of the Services, and returns them available via the User's personal account in the Application and on the Site for one (1) year from their issue.

  Article 19 – Applicable law / Settlement of disputes

The GCAU, the Contract as well as all relations between the Company and the User are subject to French law.

Any dispute relating to the formation, interpretation and/or execution of the Contract must, in the first instance, and as far as possible, be settled by means of amicable negotiations. In the absence of an amicable resolution, one or other of the parties will have the option of submitting the dispute to the assessment of the competent courts of the jurisdiction in which the User's habitual residence is located or of the place where the violation would have been committed.

Article 20 – Miscellaneous provisions

20.1 Effective date and modification of the GCAU

The GCAU are applicable from 07/29/2019 and apply to any use of the Services from this date. The Company reserves the right to modify the GCAU at any time, without notice, it being understood that such modifications will only be applicable to operations carried out after these modifications.

20.2 No Waiver

The fact that the Company does not avail itself, at a given moment, of one of the provisions of the GCAU, cannot be interpreted as a waiver to avail itself subsequently of any of the said provisions.

20.3 Force Majeure

Any case of force majeure, as defined by the case law of the French courts, including the interruption of the means of telecommunications, suspends the obligations provided for in the GCAU affected by the case of force majeure and exonerates from all liability the Party which should have perform the obligation so assigned. The User will therefore bear all the pecuniary consequences resulting from the occurrence of a case of force majeure affecting the performance of the Company's obligations. The latter will not be held responsible, or considered to have failed in the provisions of the GCAU, for any delay or non-performance when the cause of the delay or non-performance results from a case of force majeure.

20.4 Site and App

The Company does not guarantee that the Site or the Application will be free from anomalies, errors or bugs, nor that these can be corrected, nor that the Site or the Application will function without discontinuity, breakdowns or interruptions, nor that they are compatible with the material or the particular configuration of the User. The Company is in no way responsible for malfunctions attributable to third-party software. It cannot be held liable for foreseeable or unforeseeable, material or immaterial damage (including the loss of profits or opportunity), arising from the use or the total or partial impossibility of using the Site or the 'Application and more broadly the Services.

The User is aware of the characteristics and limits of electronic communications networks, in particular their technical performance, response times for consulting, querying or transferring data and the risks associated with communications security.

In any case, the Company will in no way be liable in the event of loss or breakdown of the User's Smartphone, preventing connection to the Site and/or the Application, including during the rental of a Bike. .

20.5 Third Party Sites

The Site or the Application may include links to other sites or other Internet sources. Insofar as the Company cannot control these sites and these external sources, it cannot be held responsible for the provision of these sites and external sources, and thus declines all responsibility for the content, advertising, products, services or any other material available on or from these sites or external sources. These links are provided solely for the purpose of facilitating the User's search for information.

APPENDIX 1 SUMMARY OF PENALTIES APPLICABLE WITHIN THE FRAMEWORK OF THE BIKE SERVICE

TYPE OF FAULTS OR INCIDENTS

PENALTIES - SANCTIONS

Unreadable End of Session photograph (blurry, black screen, inconsistent zoom, etc.) or irrelevant (photograph unrelated to the Bike).

End-of-Session photograph not in accordance with the requirements of the GCAU (photograph not showing the safety cable (if the Bike is fitted with one) surrounding a dedicated bicycle parking arch, and/or photograph not showing the number of identification of the Bicycle, and/or photograph not making it possible to certify the absence of damage to the Bicycle).

Penalty of 5€.

End-of-Session photograph (or any other piece of evidence) showing, if applicable retrospectively, that the Bicycle was returned in conditions that hinder pedestrian or road traffic or the parking of road vehicles.

Penalty of 5€.

End-of-Session photograph (or any other piece of evidence) showing, if applicable retrospectively, that the Bike has been returned to an inappropriate place (Bike on a parking space for cars or motorized two-wheelers, Bike on a round -point, ...).

Penalty of 5€.

Parking of a Bicycle in a private space (inside private property, condominium, garden or private courtyard, etc ...).

Penalty of 5€.

Locking of the Bicycle in a manner other than that provided for in these GCAU (such as in particular the installation of personal elements such as chain, padlock, anti-theft device, this list not being exhaustive).

Penalty of 50€.

Return of a Bicycle outside the Coverage Area indicated on the Application.

Penalty of 50€.

Theft, non-return or disappearance of the Bike

Penalty of 250€.

Degradation of the Bike.

Re-invoicing of repair costs (parts and labour) on receipts, within the limit of a maximum amount of €250 per Bike.