TERMS AND CONDITIONS

Date : latest 30/10/2015

WHO ARE WE?

MOOVCARD is a service provided by KLAETER SAS, a company with a share capital of € 100,000, whose registered office is at 30 Rue de Miromesnil 75008 Paris, France, registered with the Register of Commerce and Companies of Paris under number 808 972 707 (hereinafter the “Company” or “MOOVCARD”). VAT number: FR 55808972707.

The Company provides a taxi, vehicle with driver (VTC) and motorcycle taxi reservation service, operating exclusively on reservation, immediate or in advance, in particular by linking customers and independent vehicle drivers (hereinafter the “service”). These Terms and Conditions constitute a contract by which MOOVCARD offers and provides the service to the users.

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE service. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Your access and use of the service constitutes the user agreement to be bound by these Terms, which establishes a contractual relationship between you and MOOVCARD. If the user does not agree to these Terms, the user may not access or use the service. These Terms expressly supersede prior agreements or arrangements with the user. MOOVCARD may immediately terminate these Terms or any service with respect to the user, or generally cease offering or deny access to the service or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain service, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to the user in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable service.

MOOVCARD may amend the Terms related to the service from time to time. Amendments will be effective upon MOOVCARD‘s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). The continued access or use of the service after such posting constitutes the user consent to be bound by the Terms, as amended.

1. THE SERVICE

The Service constitute of a technology platform that enables users of MOOVCARD mobile applications or websites provided as part of the service to arrange and schedule transportation service with independent third party providers of such service (“Third Party Providers“). Unless otherwise agreed by MOOVCARD in a separate written agreement with a user, the service are made available solely for a personal and non-commercial use.

YOU ACKNOWLEDGE THAT MOOVCARD DOES NOT PROVIDE TRANSPORTATION service OR FUNCTION AS A TRANSPORTATION CARRIER.

Subject to your compliance with these Terms, MOOVCARD grants the user a limited, non-exclusive, and non-transferrable license to access and use the Applications on personal devices solely in connection with the use of the service for personal and non-commercial use. Any rights not expressly granted herein are reserved by MOOVCARD.

Ownership

The service and all rights therein are and shall remain MOOVCARD’s property or the property of MOOVCARD’s licensors. Neither these Terms nor the use of the service convey or grant to the user any rights in or related to the service except for the limited license granted above; or to use or reference in any manner MOOVCARD’s company names, logos, product and service names, trademarks or service marks or those of MOOVCARD’s licensors.

 

2. USER ACCOUNTS

 

In order to use the service, the user must register for and maintain an active personal user service account (“Account“). To use the service, the user must be at least of the age of 18, be juridically capable of contracting and using the Site conformingly with the present General Conditions, to obtain an Account. Account registration requires the user to submit to MOOVCARD certain personal information, such as the name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). The user agrees to maintain his account information accurate, complete, and up-to-date. The user’s failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in the user inability to access and use the service or MOOVCARD’s termination of this Agreement. The user is responsible for all activity that occurs under his Account, and agrees to maintain the security and secrecy of his Account username and password at all times.

Booking a transport service requires the prior creation of a user account, following free installation of the MOOVCARD Application on the user’s mobile phone, or on the website www.MOOVCARD.fr. When registering, the user chooses a login and a password, which are personal, confidential and non-transferable to third parties. After having first notified the subscriber, MOOVCARD may, for the purposes of operating the service, modify, change, delete a username and/or password at any time.
The user authorizes in advance his bank to debit his bank account of the amount contained in the statements sent by MOOVCARD.
The User warrants the veracity and accuracy of the information communicated to MOOVCARD by means of the MOOVCARD Application. The creation of the account will be validated only after express acceptance of these General Conditions by the user, which will thereby recognize having read them.

User Requirements and Conduct

The user may not authorize third parties to use his account. The user may not assign or otherwise transfer his Account to any other person or entity. The user agrees to comply with all applicable laws when using the service, and may only use the service for lawful purposes. While using the service, the user will not cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances the user may be asked to provide proof of identity to access or use the service, and the user agrees that she/he may be denied access to the service if The user refuses to provide proof of identity.

Text Messaging (SMS)

By creating an Account, The user agrees that the service may send you informational text messages (SMS) as part of the normal business operation of your use of the service. The user may opt-out of receiving text  messages(SMS) from MOOVCARD at any time. The user acknowledges that opting out of receiving text (SMS) messages may impact the use of the service.

Promotional Codes

MOOVCARD may, in MOOVCARDs sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the service and/or a Third Party Provider’s service, subject to any additional terms that MOOVCARD establishes on a per promotional code basis (“Promo Codes“). The user agrees that Promo Codes :

  • must be used for the intended audience and purpose, and in a lawful manner;
  • may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by MOOVCARD;
  • may be disabled by MOOVCARD at any time for any reason without liability to MOOVCARD;
  • may only be used pursuant to the specific terms that MOOVCARD establishes for such Promo Code;
  • are not valid for cash;
  • and may expire prior to the use.

MOOVCARD reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by The user in the event that MOOVCARD determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

Network Access and Devices

The user is responsible for obtaining the data network access necessary to use the service. The user mobile network’s data and messaging rates and fees may apply if The user accesses or uses the service from a wireless-enabled device. The user is responsible for acquiring and updating compatible hardware or devices necessary to access and use the service and Applications and any updates. MOOVCARD does not guarantee that the service, or any portion thereof, will function on any particular hardware or devices. In addition, the service may be subject to malfunctions and delays inherent to the use of Internet and electronic communications.

 

3. USING THE SERVICE

In order to access the service, the user must log in with a username and password. Any Order made through the username and password of the Client is deemed to be made by him. Consequently, the price of any Order issued by its user account will be charged to the debit of the “prepaid” MOOVCARD account or the corresponding user bank account.
In the settings of the Application, the user agrees to let geolocation enabling transportation companies to accurately determine his location.
MOOVCARD will charge a fee of 10% fee of the amount of each fare for technical services. If insufficient credit when booking, MOOVCARD may offer to top-up his “prepaid” MOOVCARD account and, where appropriate, may refuse the user demand. If sufficient credit, MOOVCARD will consider the booking request by performing an estimation of the amount of the race and taking into the account the information the user has provided (source address, destination address, date, time, etc. ). The actual amount of the fare will be debited from the “prepaid” MOOVCARD account or the User’s credit card on arrival. The service allows MOOVCARD users to top-up the credit available on their “prepaid” MOOVCARD account on www.MOOVCARD.fr or MOOVCARD Mobile application account. The user must supply his “prepaid” MOOVCARD account – in the crediting of a minimum 39 € for individuals and 250 € for companies – on the MOOVCARD website (www.MOOVCARD.fr), or on the MOOVCARD Mobile application by filling in his credit card details in order to access to the service. Upon delivery, the estimated cost of the service (fare quotes) provides access to the balance of the “prepaid” MOOVCARD account. Only the actual amount will be charged. The estimated price specified to the user at the time of booking is given for guidance. This rate is at no time a final price commitment from MOOVCARD because the fare will always be determined by the price of the transportation company taking care of the user. The user receives a notification (text message or email) indicating that the reservation has been registered.
USER SERVICE can be reached at: service.client@MOOVCARD.fr.

Order a service

The Client can make an order online via the dedicated MOOVCARD application or via the website www.MOOVCARD.fr, or mobile internet (hereinafter “Order Online”).
As soon as the online order is confirmed, the credit card registered while booking is debited. No additional fee is deducted by MOOVCARD from the price, apart from the possible additional costs due to the passenger waiting time for the driver to start.

Immediate orders

The User will mention the necessary details of the ride, especially the departure address, any intermediate stage and the final point of arrival and the name and surname of the passenger to be supported during the race (hereinafter the “Passenger”).
When receiving the order, MOOVCARD researches vehicles available in the requested sector . If a vehicle is available, MOOVCARD shall provide the user with an estimation of the waiting time before the arrival of the vehicle at the specified starting point, and the cost of the ordered trip.
The user is warned by a notification of the order confirmation.

In advance orders

The user can order a vehicle from MOOVCARD before the date and time of the ride concerned. Rides can be booked maximum 1 month in advance and up to 30 minutes before scheduled departure time.
The user indicates the date, time and address of departure, possible intermediate stages and the final point of arrival, other possible details of the trip (programmed waiting time, additional indication for the place of rendez-vous, etc.) and the full name of the Passenger.
Depending on the number of orders already booked on the date and time chosen, the Company reserves the right to reject in advance commands.

Amendments and cancellation of the order
The user may modify or cancel the order placed using the MOOVCARD application in order to use the Service, or on Internet via the website “www.MOOVCARD.fr” or by mobile Internet.
Until the arrival of the vehicle at the place and time of departure, cancellation involves no billing.
If the vehicle is already at the place of departure at the time of cancellation (confirmation text-message sent to the client upon arrival of vehicle at the starting point), a cancellation fee is collected.
If the Customer has not canceled the order before the arrival of the vehicle, or the passenger does not show up at departure after receiving the text-message confirming the arrival of the vehicle, or cancels when the driver or MOOVCARD calls the phone of the user, the full value of the order is billed to the user.
Any change in the estimation of the originally scheduled trip (waiting, parking, extra stop, change of address) will result in additional costs billed to the user.
After validation of the Order, the user must report to the agreed location. The user will receive a notification of the confirmation of the order and another text-message signaling the arrival of the driver.
If the service provider has to wait for the user, waiting charges will be automatically billed beyond a deadline set by the Service Provider.
In case of non-submission of the user, the driver can leave beyond a deadline set by the Service Provider. A cancellation fee will be automatically charged.

4. PAYMENT

You understand that use of the service may result in charges for the services or goods you receive from a Third Party Provider (“Charges“). After you have received service or goods obtained through your use of the Service, MOOVCARD will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by MOOVCARD. You retain the right to request lower Charges from a Third Party Provider for service or goods received by you from such Third Party Provider at the time you receive such service or goods. MOOVCARD will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

MOOVCARD will charge a 10% loading fee of the amount credited to the prepaid account.

All Charges are due immediately and payment will be facilitated by MOOVCARD using the preferred payment method designated in your Account, after which MOOVCARD will send you a receipt by email. If your primary Account payment method is soon to be expired, invalid or otherwise not able to be charged, you agree that MOOVCARD may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method available on your Account, if available.

As between you and MOOVCARD, MOOVCARD reserves the right to establish, remove and/or revise Charges for any or all service or goods obtained through the use of the service at any time in MOOVCARD’s sole discretion. Furthermore, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. MOOVCARD will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. MOOVCARD may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar service or goods obtained through the use of the service, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the service or the Charges applied to you. You may choose to cancel your request for service or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the service or goods provided. Except with respect to taxicab transportation service requested through the Application, MOOVCARD does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by MOOVCARD (on MOOVCARD’s website, in the Application, or in MOOVCARD ‘s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for service or goods provided is not intended to suggest that MOOVCARD provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with service or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received service or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.

Repair or Cleaning Fees

The user is responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vehicles and property resulting from use of the service under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning“). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by MOOVCARD in MOOVCARD ‘s reasonable discretion, MOOVCARD reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by MOOVCARD to the applicable Third Party Provider and are non-refundable.

Payment for services offered by MOOVCARD, including the payment of the order is carried out by secure electronic payment by credit card via the system developed by “Paybox” that allows secure transactions according to the standards of banking security.
By providing their bank details, the User accepts in advance and unconditionally that MOOVCARD may proceed with a secure transaction. The User authorizes in advance his bank to debit his account when receiving records or statements transmitted by MOOVCARD.
The User has the possibility to pay for the service:
1. With a MOOVCARD prepaid account on the MOOVCARD website (www.MOOVCARD.fr); the user must activate it by crediting a minimum requirement;
2. Or With a bank card directly into the MOOVCARD mobile application on mobile phone’ user.

5. TRIP

The passenger receives a confirmation text message upon arrival of the vehicle at the departure point. Passengers must be seen by the driver when the vehicle arrives at the starting point in case of immediate order, and at the agreed time if ordered in advance.
In the absence of the Passenger, the waiting time is charged.
The estimation of the travel time reported by MOOVCARD to the user is sent for information only. These travel times are calculated from standard time estimations, are not binding and do not in any way engage the responsibility of MOOVCARD.
The user must take into account that difficulties related to traffic or other incidents may delay the estimated duration of the ride.
MOOVCARD especially encourages the user to consider a potentiel of 30 minutes in case of a trip to the train stations and 60 minutes when riding to airports in normal traffic conditions, and MOOVCARD may not be held responsible for the consequences of traffic conditions.

Availability of the vehicle and transportation
MOOVCARD may not be held liable in case of unavailability of the vehicle.
However, if the provision of the vehicle could not be performed within 30 minutes of user’s order, MOOVCARD will reimburse the user the full price received when ordering.
MOOVCARD may not be held liable in case of force majeure (irresistible and unpredictable external events) and particularly in the following cases: failure or malfunction of telecommunication networks (Internet, telephony) preventing the availability of the  booking service available on your telephone or online, unusual traffic disruptions (event, bad weather, traffic accident).
MOOVCARD uses independent drivers, and the execution of the transport service is under the sole responsibility of the driver of the vehicle.
MOOVCARD cannot be held responsible, especially if the driver of the vehicle is liable. Only the driver is responsible for any damages arising from the non-performance or improper performance of the service, and except in cases of force majeure.
The responsibilities of MOOVCARD and the driver may not be incurred if the Passenger must imperatively be accompanied by a companion and the latter is absent, if accessibility to the vehicle is insufficient, if the vehicle cannot be parked in accordance with the highway code on public roads close to the starting point in order to perform the management of the Passenger, or if for any reason beyond its control, the driver of the vehicle can support the Passenger.
The execution of the transport service, from and including the mounting of the vehicle and up to and including the descent from the vehicle; excepting any damage arising from the passenger’s own fault, is under the sole responsibility of the vehicle driver and the passenger.
Any accident or damage caused by a special request for assistance made to the Passenger’s driver, which would exceed the only Passenger transport service, is the sole responsibility of the passenger.

6RESPONSIBILITY OF THE USER

The user undertakes to behave in the vehicle as a good family man.
In case of deterioration of equipment or vehicle attributable to the user, the costs will be charged to the user by MOOVCARD. 
The passengers, adults and children, are required to fasten their seatbelts. Passengers at fault during a Police check will be fined.
For safety reasons it is forbidden to smoke and to transport flammable, explosive, corrosive or toxic substances. The non-compliance with this obligation renders the user liable. Luggage must be placed in the trunk of the vehicle. The user is the sole responsible of his luggage. No luggage can be entrusted to the driver. The driver may refuse luggage whose weight or dimensions are excessive and those he considers detrimental to the safety of transport.

The user agrees to indemnify and hold MOOVCARD and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with his use of the service.

 

Access Restrictions
MOOVCARD may restrict access to the Service at any user without notice, especially but not limited to, in the following cases:
– Non-compliance by the customer with his obligations;
– Inappropriate behavior of the Customer or his companions in the vehicle;
– The lack of payment by the Client of the amounts due to MOOVCARD for service already completed or canceled after the arrival of the vehicle.

7. PERSONAL DATA & COOKIES

Information collected by MOOVCARD in connection with the Service are subject to a data processing intended for the implementation of this service, especially customer identification data and information on transport service ordered and executed . This information is necessary for MOOVCARD to process orders. They are stored in MOOVCARD’s customer files.
MOOVCARD undertakes to ensure the confidentiality of personal data provided by the Customer.
The Customer is informed that the Company may use personal data concerning the Customer to send them commercial offers that may be of interest.
The Customer agrees upon registration of his email address to receive email every newsletter sent by MOOVCARD. If it wishes to receive the letter of information, it may at any time unsubscribe by clicking on the link provided for this purpose at the bottom of each newsletter sent or by sending a written request to the addresses provided below .
According to the law, the Customer has a right to access, modify, rectify and delete personal data concerning them.
Customer service can be reached by email: service.client@MOOVCARD.fr
MOOVCARD may be required to implement software tools like “cookies”, allowing to identify the visitor during the duration of the session on the website. This cookie will remain active as long as the visitor has not left the session.
The Customer is informed of the existence of this temporary cookie, and is informed that he can oppose the installation, configuring adequately its Internet browser.

8. INTELLECTUAL PROPERTY

MOOVCARD is the exclusive holder of all intellectual property rights concerning the structure and content of the website www.MOOVCARD.fr and MOOVCARD applications (graphics, images, texts, logos, databases, programs, software, etc.) worldwide.
The trademarks and logos on the website www.MOOVCARD.fr and software applications are the exclusive property of MOOVCARD with the exception of trademarks and logos of the MOOVCARD ‘s partners.
Any rebroadcast, reproduction, total or partial commercialization of the contents in any form is strictly prohibited.

The user agrees not to remove any copyright, trademark or other proprietary notices from any portion of the service; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the service except as expressly permitted by MOOVCARD; decompile, reverse engineer or disassemble the service except as may be permitted by applicable law; link to, mirror or frame any portion of the service; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the service or unduly burdening or hindering the operation and/or functionality of any aspect of the service; or attempt to gain unauthorized access to or impair any aspect of the service or its related systems or networks.

The user acknowledges that portions of the service may be made available under MOOVCARD brand or request options associated with transportation or independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.

The service may be made available or accessed in connection with third party service and content (including advertising) that MOOVCARD does not control. The user acknowledge that different terms of use and privacy policies may apply to the use of such third party service and content. MOOVCARD does not endorse such third party service and content and in no event shall MOOVCARD be responsible or liable for any products or service of such third party providers. In addition, Google Inc., Microsoft Corporation, BlackBerry Limited or Apple Inc. will be a third-party beneficiary to this contract if you access the service using Applications developed for Android, Microsoft Windows, Blackberry-powered mobile devices, or Apple iOS respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the service in any manner. The user access to the service using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

User Provided Content

MOOVCARD may, in MOOVCARD’s sole discretion, permit The user from time to time to upload, publish or otherwise make available to MOOVCARD through the service, textual, audio, and/or visual content and information, including commentary and feedback related to the service, initiation of support requests, and submission of entries for competitions and promotions (“User Content“). Any User Content provided by The user remains his property. However, by providing User Content to MOOVCARD, The user grants MOOVCARD a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the service and MOOVCARD’s business and on third-party sites and service), without further notice to or consent from The user, and without the requirement of payment to The user or any other person or entity.

The user warrants that he either is the sole and exclusive owner of all User Content or to have all rights, licenses, consents and releases necessary to grant MOOVCARD the license to the User Content as set forth above; and neither the User Content nor The user submission, uploading, publishing or otherwise making available of such User Content nor MOOVCARD’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

The user agrees not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MOOVCARD in its sole discretion, whether or not such material may be protected by law. MOOVCARD may, but shall not be obligated to, review, monitor, or remove User Content, at MOOVCARD’s sole discretion and at any time and for any reason, without notice to The user.

9. APPLICABLE LAW – JURISDICTION

These Terms and Conditions are subject to French law.

The French text of these Terms of Use constitutes the only authentic text. If differences arise between the text written in French and a translation into a foreign language, the French text shall prevail.
In case of difficulty in the interpretation or execution of these general conditions, difficulty in implementation and the realization of one of the service ordered online, the dispute between professionals will be in default of agreement, subject to the exclusive jurisdiction of the Court of Paris.held liable in case of unavailability of the vehicle.
However, if the provision of the vehicle could not be performed within 30 minutes of user’s order, MOOVCARD will reimburse the user the full price received when ordering.
MOOVCARD may not be held liable in case of force majeure (external event irresistible and unpredictable) and particularly in the following cases: failure or malfunction of telecommunication networks (Internet, telephony) preventing the availability of the service telephone booking or online, unusual traffic disruptions (event, bad weather, traffic accident).
MOOVCARD uses independent drivers, and the execution of the transport service is under the sole responsibility of the driver of the vehicle.
The liability of MOOVCARD cannot be committed, especially if due to the driver of the vehicle. Only the driver is responsible for any damages arising from non-performance or improper performance of the service, and except in cases of force majeure.
The responsibilities of MOOVCARD and the driver may not be incurred if the Passenger must imperatively be accompanied by a companion and the latter is absent, if accessibility to the vehicle is insufficient, if the vehicle cannot be parked in accordance with the highway code on public roads close to the starting point in order to perform the management of the Passenger, or if for any reason beyond its control, the driver of the vehicle can support the Passenger.
The execution of the transport service, from and including the mounting of the vehicle and up to and including the descent from the vehicle; excepting any damage arising from the passenger’s own fault, is under the sole responsibility of the vehicle driver and the passenger.
Any special request for assistance made to the Passenger’s driver, which would exceed the only Passenger transport service, is the sole responsibility of the passenger in case of accident or damage on the occasion of this aid.

10. RESPONSIBILITY OF THE USER

The user undertakes to behave in the vehicle as a good family man.
In case of deterioration of equipment or vehicle attributable to the user, MOOVCARD will charge the user to cover the costs.
The passengers, adults and children, are required to fasten their seatbelts. A fine is incurred by those at fault during a check by the police.
For safety reasons it is forbidden to smoke and to transport flammable, explosive, corrosive or toxic substances. The non-compliance with this obligation renders the user liable. The luggage must be placed in the trunk of the vehicle. The luggage remain the sole responsibility of the user. No baggage can be entrusted to the driver. The driver may refuses baggage whose weight or dimensions are excessive and those he considers detrimental to the safety of transport.

The user agrees to indemnify and hold MOOVCARD and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with his use of the service.

Access Restrictions
MOOVCARD may restrict access to the Service at any user without notice, especially but not limited to, in the following cases:
– Non-compliance by the customer with his obligations;
– Inappropriate behavior of the Customer or his companions in the vehicle;
– The lack of payment by the Client of the amounts due to MOOVCARD for service already completed or canceled after the arrival of the vehicle.

11. PERSONAL DATA & COOKIES

Information collected by MOOVCARD in connection with the Service are subject to a data processing intended for the implementation of this service, especially customer identification data and information on transport service ordered and executed . This information is necessary for MOOVCARD to process orders. They include files stored in clients of MOOVCARD.
MOOVCARD undertakes to ensure the confidentiality of personal data provided by the Customer.
The Customer is informed that the Company may use personal data concerning the Customer to send them commercial offers that may be of interest.
The Customer agrees upon registration of his email address to receive email every newsletter sent by MOOVCARD. If it wishes to receive the letter of information, it may at any time unsubscribe by clicking on the link provided for this purpose at the bottom of each newsletter sent or by sending a written request to the addresses provided below .
According to the law, the Customer has a right to access, modify, rectify and delete personal data concerning them.
Customer service can be reached by email: service.client@MOOVCARD.fr
MOOVCARD may be required to implement software tools like “cookies”, allowing to identify the visitor during the duration of the session on the website. This cookie will remain active as long as the visitor has not left the session.
The Customer is informed of the existence of this temporary cookie, and is informed that he can oppose the installation, configuring adequately its Internet browser.

12. INTELLECTUAL PROPERTY

MOOVCARD is the exclusive holder of all intellectual property rights concerning the structure and content of the website www.MOOVCARD.fr and MOOVCARD applications (graphics, images, texts, logos, databases, programs, software, etc.) worldwide.
The trademarks and logos on the website www.MOOVCARD.fr and software applications are the exclusive property of MOOVCARD with the exception of trademarks and logos of the MOOVCARD ‘s partners.
Any rebroadcast, reproduction, total or partial commercialization of the contents in any form is strictly prohibited.

The user agrees not to remove any copyright, trademark or other proprietary notices from any portion of the service; reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the service except as expressly permitted by MOOVCARD; decompile, reverse engineer or disassemble the service except as may be permitted by applicable law; link to, mirror or frame any portion of the service; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the service or unduly burdening or hindering the operation and/or functionality of any aspect of the service; or attempt to gain unauthorized access to or impair any aspect of the service or its related systems or networks.

The user acknowledges that portions of the service may be made available under MOOVCARD brand or request options associated with transportation or independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.

The service may be made available or accessed in connection with third party service and content (including advertising) that MOOVCARD does not control. The user acknowledges that different terms of use and privacy policies may apply to the use of such third party service and content. MOOVCARD does not endorse such third party service and content and in no event shall MOOVCARD be responsible or liable for any products or service of such third party providers. In addition, Google Inc., Microsoft Corporation, BlackBerry Limited or Apple Inc. will be a third-party beneficiary to this contract if you access the service using Applications developed for Android, Microsoft Windows, Blackberry-powered mobile devices, or Apple iOS respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the service in any manner. The user access to the service using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

User Provided Content

MOOVCARD may, in MOOVCARD’s sole discretion, permit The user from time to time to upload, publish or otherwise make available to MOOVCARD through the service, textual, audio, and/or visual content and information, including commentary and feedback related to the service, initiation of support requests, and submission of entries for competitions and promotions (“User Content“). Any User Content provided by The user remains his property. However, by providing User Content to MOOVCARD, The user grants MOOVCARD a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the service and MOOVCARD’s business and on third-party sites and service), without further notice to or consent from The user, and without the requirement of payment to The user or any other person or entity.

The user warrants that he either is the sole and exclusive owner of all User Content or to have all rights, licenses, consents and releases necessary to grant MOOVCARD the license to the User Content as set forth above; and neither the User Content nor The user submission, uploading, publishing or otherwise making available of such User Content nor MOOVCARD’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

The user agrees not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by MOOVCARD in its sole discretion, whether or not such material may be protected by law. MOOVCARD may, but shall not be obligated to, review, monitor, or remove User Content, at MOOVCARD’s sole discretion and at any time and for any reason, without notice to The user.

13. APPLICABLE LAW – JURISDICTION

These Terms and Conditions are subject to French law.

The French text of these Terms of Use constitutes the only authentic text. If differences arise between the text written in French and a translation into a foreign language, the French text shall prevail.
In case of difficulty in the interpretation or execution of these general conditions, difficulty in implementation and the realization of one of the service ordered online, the dispute between professionals will be in default of agreement, subject to the exclusive jurisdiction of the Court of Paris.