LICENCE
ARTICLE 1. PARTIES
These General Terms and Conditions apply between
WAYNIUM, a simplified joint stock company, capital: 100,000 euros, RCS Paris: 451 320 253, registered office: 29 rue Tronchet 75008 Paris, France, intra-community VAT number: FR45451320253, telephone: +33810001050, e-mail:
info@waynium.com, and any driver employed by the Customer and registered on the Application as a User, hereinafter ”
the User “, together referred to as ”
the Parties “.
ARTICLE 2. DEFINITIONS
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Customer “: any person who has subscribed to Way-Plan.
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Devices “: mobile devices such as tablets and smartphones on which the Application can be downloaded for use by the User.
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Application “: software which is the subject of this user licence, published by WAYNIUM and accessible on Devices.
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User “: an employee driver of a Customer registered on the Application.
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Application Content “: elements of any kind published on the Application, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
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Documentation “: written documentation explaining, in particular, the Features, functions, operation and use of the Application and indicated by a question mark on the online user interface.
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Features “: features offered by the Application.
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Licence “: the stipulation governing the provision of the Application to the User.
“ Services “ : services offered by WAYNIUM via the Application.
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Way-Plan “: Way-Plan software published by WAYNIUM for which the customer has taken out a subscription.
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WAYNIUM “: WAYNIUM SAS in its capacity as publisher of the Application.
ARTICLE 3. SCOPE OF APPLICATION
Use of the Application implies registration, the creation of a personal space and acceptance by the User of these General Terms and Conditions. When registering, acceptance of these General Conditions will be demonstrated by ticking the box corresponding to the following sentence
“ I acknowledge having read and accepted the Way-D application user licence “. By the same token, the User acknowledges having fully read and accepted them without restriction. Ticking the aforementioned box will be deemed to have the same value as a handwritten signature by the User. The User acknowledges the evidential value of WAYNIUM’s automatic recording systems and, unless he/she can prove otherwise, waives the right to contest them in the event of a dispute.
The present General Conditions are applicable to the relations between the Parties to the exclusion of all other conditions and in particular those of the User.
Acceptance of these Terms and Conditions implies that the User is of legal age and has the legal capacity necessary to enter into a commitment hereunder.
ARTICLE 4. DESCRIPTION OF SERVICES
4.1 Purpose
The purpose of these Terms and Conditions is to define the conditions of access to the Application by Users and to define the obligations and responsibilities of the Parties in relation to the use of the Application.
4.2 Hosting and security
WAYNIUM undertakes to provide, at its own expense, a hosting service for the Application.
Hosting includes server monitoring and monitoring of the proper functioning of the infrastructure required for hosting.
4.3. Access to the Application
WAYNIUM undertakes that the user may connect to the Application at any time, excluding maintenance periods.
ARTICLE 5. OBLIGATIONS OF THE USER
5.1. Requirements for using the Application
WAYNIUM makes the Application available free of charge to drivers employed by its Customers who have regularly subscribed to Way-Plan.
Downloading and using the Application is free. However, User registration and use of the Application require compliance with the following rules:
- The User must be of legal age on the day of registration;
- They must have the legal capacity to enter into commitments under these General Terms and Conditions;
- They must have a valid e-mail address and mobile telephone number;
- He/she must be a professional passenger transport operator;
- They must have a professional vehicle and a registration number;
- He must be an employee of a Customer who has regularly subscribed to Way-Plan.
Before any use of the Services, the User is invited to check the compatibility of his hardware and computer configuration. Communication costs remain the responsibility of the User.
5.2 Prohibition on the use of the Application by a self-employed driver
The User understands and accepts that use of the Application is strictly forbidden to any self-employed passenger transport professional. The User must therefore be able to prove his status as an employee at any time upon request by WAYNIUM, which may otherwise suspend the Service.
5.3. Charter for use of the Application
The User undertakes to use the Application in accordance with the purpose hereof and to comply with WAYNIUM’s instructions regarding the installation, use and maintenance of the Application. In particular, the User undertakes not to carry out actions likely to :
- Undermine public order or morality or offend minors;
- Infringe in any way whatsoever the reputation, privacy, rights or image of a third party;
- Be denigrating or defamatory, or damage the image or reputation of a brand or any other natural or legal person in any way whatsoever;
- Make paedophile comments;
- Undermine the security or integrity of any state or territory whatsoever;
- Infringe the intellectual property rights of any person whatsoever;
- Incite hatred, violence, racism, anti-Semitism, xenophobia, homophobia or transphobia,
- Defending war crimes or crimes against humanity;
- Incitement to commit a crime, an offence or an act of terrorism;
- Inciting discrimination against a person or group of people on the grounds of their ethnicity, religion, race, sexual orientation, gender identity, sex or disability;
- Advising a dubious or fraudulent practice;
Any processing, transmission, publication, dissemination or representation of data by the User is carried out under his/her sole and entire responsibility. The User undertakes, in particular, not to hinder or disrupt the Application, Services and servers of WAYNIUM and to comply with the requirements, procedures, general rules that are communicated by WAYNIUM for the use of the Application.
Any illegal or generally unauthorised use of the Application and Services will result in the immediate deletion of the User account, without prejudice to any damages to which WAYNIUM may be entitled.
The User therefore guarantees WAYNIUM against any damage that may be caused because of its use of the Application and Services, including any legal fees and proceedings, and undertakes in this regard to intervene in any legal proceedings brought against it because of its use of the Application and Services.
ARTICLE 6. PERSONAL SPACE
6.1. Creation of the personal area
Creating a personal space is a prerequisite for using the Application described herein. To this end, the User will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal space. Refusal by a User to provide such information will have the effect of preventing the creation of the personal space and, incidentally, the use of the Application.
When the personal space is created, the User is asked to choose a password. This password guarantees the confidentiality of the information contained in the personal space. The User is therefore prohibited from transmitting or communicating it to a third party. Failing this, WAYNIUM cannot be held responsible for unauthorised access to a User’s personal space.
The User also undertakes to regularly check the data concerning him/her and to make any necessary updates and changes online from his/her personal space.
6.2. Content of the personal space
The personal area enables the User to access the Services. The pages relating to personal areas may be freely printed by the account holder in question, but do not in any way constitute evidence admissible in a court of law. They are for information purposes only and are intended to ensure proper use of the Services.
WAYNIUM undertakes to keep securely all contractual elements whose retention is required by law or regulation in force.
6.3. Suspension and deletion of the personal space
In case of suspicion of fraudulent use of the Services by the User, and in particular when the User provides inaccurate, incomplete, misleading or fraudulent information, WAYNIUM reserves the right to suspend the User’s access to all or part of the Services until the cause of the suspension has disappeared.
In the same cases, and when the personal space of a User has remained inactive for at least one (1) year, WAYNIUM reserves the right to delete the account of the User.
If necessary, WAYNIUM will inform the User of the suspension or closure of the account. The said measures of suspension or deletion of the account of the User will not be likely to constitute a fault of WAYNIUM or any damage for the User thus excluded, which will not be able to claim any compensation of this fact.
These exclusion measures, temporary or permanent, are without prejudice to the possibility for WAYNIUM to take legal action against the User, when the facts justify it.
6.4. Consequences of suspension or closure of the User account
In case of suspension of the account, access to the Services, Features and data of the User will be made impossible for the User until the reinstatement of his account by WAYNIUM.
In the event of closure of the account, access to the Services, the Functionalities and the data of the User will be definitively made impossible for the User. Closure of the account automatically entails termination of these Terms and Conditions.
In all cases, the User remains responsible for any use of the Services prior to the suspension or closure of his/her account.
ARTICLE 7. PERSONAL DATA
For the purposes of providing the Services, the Customer acts as the controller of the User’s personal data and WAYNIUM acts as the personal data processor. Information concerning data when using the Application can be found at the following address: https:
//way-plan.fr/politique-de-confidentialite-de-lapp-way-d/. The contractual relationship between WAYNIUM and the Client concerning the sub-contracting of personal data is governed by the Way-Plan General Terms and Conditions, which can be accessed at the following address: https://way-plan.fr/conditions-de-vente/.
ARTICLE 8. WAYNIUM’S LIABILITY
8.1. Nature of WAYNIUM’s obligations
The service provided by WAYNIUM is limited to the provision of an Application. In this respect, WAYNIUM undertakes to take the necessary care and diligence to provide an Application that complies with the specifications herein. WAYNIUM is only responsible for an obligation of means concerning the Services.
WAYNIUM may temporarily interrupt the Services to ensure maintenance, without the User being able to claim any compensation as a result.
8.2. Force majeure – Fault of the User
WAYNIUM will not be liable in the event of force majeure or fault of the User, as defined in this article:
8.2.1. Force majeure
For the purposes of these General Terms and Conditions, any prevention, limitation or disruption of the Application due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of installations, will be considered as a case of force majeure enforceable against the User, unlawful or fraudulent use of passwords, codes or credentials provided to the User, computer hacking, security breach attributable to the host of the Application or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of WAYNIUM. In such circumstances, WAYNIUM shall be excused from performing its obligations to the extent of such impediment, limitation or disruption.
8.2.2. Fault of the User
For the purposes of these General Terms and Conditions, any misuse of the Application, fault, negligence, omission or default on the part of the User or his agents, failure to follow the advice given by WAYNIUM, any disclosure or unlawful use of the User’s password, codes and references, as well as the provision of incorrect information or failure to update such information in his personal space, will be considered as a fault on the part of the User. The implementation of any technical process, such as robots or automatic requests, whose implementation contravenes the letter or spirit of these General Conditions, will also be considered as a fault on the part of the User.
8.3. Technical problems – Hypertext links
Should access to the Application be impossible due to technical problems of any kind, the User may not claim any damages and may not claim any compensation. The unavailability, even prolonged and without any time limit, of one or more online services, can not be constitutive of a prejudice for the User and can in no way give rise to the granting of damages from WAYNIUM.
Where applicable, hypertext links on the Site and the Application may refer to other websites. WAYNIUM cannot be held responsible if the content of these sites contravenes current legislation. Similarly, WAYNIUM may not be held liable if the User’s visit to one of these sites causes him/her harm.
8.4. Damages payable by WAYNIUM
In the absence of legal or regulatory provisions to the contrary, the liability of WAYNIUM is limited to the direct, personal and certain prejudice suffered by the User and linked to the failure in question. WAYNIUM shall in no event be liable for indirect damages such as, in particular, loss of data, commercial loss, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. In the same way and within the same limits, the amount of damages and interests charged to WAYNIUM cannot in any case exceed the price of the Subscription subscribed by the Customer.
8.5. Responsibility as host
The data published, aggregated, stored and/or shared on the Application by the User are under its own responsibility. In this context, WAYNIUM will benefit from the status of data host. WAYNIUM may not be held civilly or criminally liable for this data, unless, from the moment it became aware of the illicit activity or information, it acted promptly to remove this information or make access to it impossible.
In the same way, the data entered by the User when using the Application are entered under the User’s sole responsibility. Under these conditions, WAYNIUM cannot be held civilly or criminally liable for this data.
ARTICLE 9. INTELLECTUAL PROPERTY
9.1. Licence to the Application
WAYNIUM allows the User to use the Application from its Devices. In this context, WAYNIUM grants the User, on a non-exclusive basis, an end-user licence for the Application. The licence is granted for the whole world, for the duration of the subscription to the Way-Plan solution by the Client and for all languages.
The licence relates solely to the right to reproduce the Application, for the sole purpose of downloading the Application and running it, as well as the right to use the Application, to the exclusion of :
- Any reproduction with a view to marketing, putting into circulation, rebroadcasting, distributing or publishing the Services or installing the Application on a station or Device other than those of the User;
- Any representation, even partial, of the Application and Services, in particular by means of online public communications or public screenings;
- Any translation, adaptation, arrangement or modification of the Application and Services, as well as any export or merger of the latter with other computer applications;
- Any compilation, decompilation, disassembly, translation, analysis or reverse engineering of the Services.
The rights to use the Application are personal and non-transferable. The rights granted to the User are exclusively for his/her own needs, to the exclusion of any form of supply to third parties, even to a subsidiary company or de jure or de facto group. The User may not assign all or part of the rights and obligations resulting from these General Terms and Conditions, whether as part of a temporary assignment, a sub-licence or any other contract providing for the transfer of said rights and obligations.
The User accepts this licence as is. WAYNIUM gives no guarantee other than that of the material existence of the rights covered by this licence.
9.2. Protection of Application Content
The Content of the Application may be protected by copyright and database right. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of WAYNIUM or its successors or assigns constitutes a violation of Books I and III of the Intellectual Property Code and may give rise to legal proceedings for infringement.
The User further undertakes contractually to WAYNIUM not to use, reproduce or represent, in any manner whatsoever, the Contents of the Application, whether or not they are protected by intellectual property rights, for any purpose other than their use in the Application. More generally, the User undertakes not to adopt any behaviour likely to constitute acts of parasitism or unfair competition against WAYNIUM.
ARTICLE 10. FINAL STIPULATIONS
10.1. Applicable law
These General Terms and Conditions are governed by French law.
10.2. Modifications to these General Terms and Conditions
These General Terms and Conditions may be modified at any time by WAYNIUM. The General Terms and Conditions applicable to the User are those in force on the day the User connects to the Application. Any new connection to the Application implies acceptance, where applicable, of the new General Conditions.
10.3 Entirety
The nullity of one of the clauses of these General Terms and Conditions shall not entail the nullity of the other clauses or of the General Terms and Conditions as a whole, which shall retain their full effect and scope. In such a case, the Parties shall, as far as possible, replace the invalidated provision with a valid provision corresponding to the spirit and purpose of these General Terms and Conditions.
10.4. Non-waiver
WAYNIUM’s failure to exercise its rights hereunder shall in no event be construed as a waiver of such rights.
10.5. Languages of these General Conditions
These General Terms and Conditions are offered in French.
