PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR SERVICE

DEFINITIONS

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Application’: the YUSE application and all its pages and screens.

Product’: a service that can be purchased from the application.

Publisher’: The person, legal or physical, responsible for the publication and content of the application is Nicolas Boucau, manager of the DRIVER FLEET company.

User’: The mobile user visiting and using the application.

Customer’: The mobile user requesting a service from the application.

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INFORMATION REQUIRED BY THE LAW ON CONFIDENCE IN THE DIGITAL ECONOMY AND PURPOSE OF THE APPLICATION

This application has been developed by DRIVER FLEET, which provides an application called YUSE for connecting self-employed drivers with customers. This application can be downloaded from Apple Store and Google Play, and customers can also download and book directly online at www.yuse.fr.

Legal information about the application publisher, including contact details and any capital and registration details, is provided in the application’s legal notice.

Information on the collection and processing of personal data (policy and declaration) is provided in the application’s personal data charter.

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PURPOSE OF THE APPLICATION

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Use of the application implies acceptance by the user of these terms and conditions in their entirety, and the user hereby acknowledges that he/she is fully aware of them. This acceptance will be deemed to have the same value as a handwritten signature by the user. The user acknowledges the evidential value of the   recording systems of the application publisher and, unless he/she provides proof to the contrary, waives the right to challenge them in the event of a dispute.

Acceptance of these terms and conditions implies that users have the legal capacity to do so. If the user is a minor or does not have this legal capacity, they declare that they have the authorisation of a guardian, curator or their legal representative.

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CHARACTERISTICS OF THE PROPOSED SERVICE

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The service offered by the “YUSE” application is aimed at people who want to travel around town in a motorised vehicle. It consists of providing them with a software application for controlling chauffeur-driven vehicles.

The transport resulting from this order is carried out by an independent driver, who performs the services ordered by the customer on his own account and under his own responsibili

DRIVER FLEET provides the connection service via the YUSE software application, but is not a carrier or transport intermediary.

The purpose of these General Terms and Conditions is to define the conditions of use of the Application and the conditions of performance of the Service, accepted by the Customer and the Service Provider.

The application’s customer service department can be contacted by e-mail at :  contact@yuse.fr   by post at the following address:   DRIVER FLEET,a,   chemin de Jaureguia, 64500 Saint-Jean-de-Luz

YUSE also provides its users with a hotline to answer any questions they may have. The helpline can be contacted by telephone on 06 42 36 34 65 (price of a call on a mobile phone depending on the operator’s conditions).

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RATES & CANCELLATION

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The prices shown in the application are in Euros and include all taxes.

The company reserves the right to pass on any change in the VAT rate to the price of products or services.

The publisher also reserves the right to change its prices at any time. However, the price shown in the application on the day of purchase will be the only price applicable to the buyer.

Each driver is independent, and therefore free to choose their own legal form, so they are not all subject to VAT.

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If the destination is entered, the price of the service is given in advance and the rates take account of :

• The distance to cover.
• Journey time.
• The type of vehicle.
• The time of day.

Tariff components :

• Immediate delivery, prices available online
• Booking by appointment, rates available online

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If the customer fails to show up, the full amount of the journey will be invoiced and debited.

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For all journeys over 75 euros, the customer must provide proof of identity and the bank card registered (on the YUSE customer account).

Regurgitation will be billed at a fixed rate of 300 Euros; any other damage will be assessed on a case-by-case basis.

Prices do not include parameters and entry fees for public or private property rights.

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A 10-minute wait is included in the fare for pick-ups, and a 20-minute wait at airports and stations. A charge will be made for any overrun.

Terms and conditions of sale

    100% of the fare is charged at the time of booking.

Cancellation policy

  For any request to cancel a race, a registered letter with acknowledgement of receipt must be sent in order to claim a refund.

  Cancellations made more than 14 days before the start of the race are free of charge and will be refunded in full.

 
  For cancellations less than 14 days before the date of the race: 30% is due.

  For cancellations less than 7 days before the date of the race: 40% is due.
  For cancellations less than 72 hours before the date of the race: 50% is due.
  For cancellations made less than 48 hours before the date of the race: 100% is due.

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If the customer does not show up, the journey will be billed at 100%.

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For an “immediate” order, any cancellation of an order for which a driver is on the way will be debited with a minimum of €12 in approach charges.

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PRECAUTION WHEN BOOKING

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A booking is only validated when you receive an e-mail   stating that your booking has been accepted by a driver, with details of the journey including the date, time, pick-up point, destination and driver allocated to you.

To avoid any type of delay in collection due to a problem with a driver, the customer must book with the intention of arriving at their destination at least 3 hours before the departure of their flight, train or any other type of appointment.

If a driver does not arrive within 5 minutes of the pick-up time for the validated booking, the customer must immediately send an SMS to +33642363465 and an e-mail to à   contact@yuse.fr   pour so that we can find a new driver as quickly as possible.

In all cases, no compensation or refund can be claimed for any delay following an order.

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ACCOUNT IN THE APPLICATION

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Users who create an account on the application (member) can access it by logging in using the identifiers provided when they registered and by using systems such as third-party social network connection buttons. Users are entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If you forget your password, you can generate a new one. This password guarantees the confidentiality of the information contained in the user’s account and the user must therefore refrain from passing it on or communicating it to a third party. Failing this, the application publisher cannot be held responsible for unauthorised access to a user’s account.

Members may be asked to provide a certain amount of personal information when purchasing products via the application; they undertake to provide accurate information.

A “valid” bank card in the first name and surname of the account holder will be registered when the means of payment allow it.

The account allows the customer member to consult all purchases made on the application. If the data contained in the member account section were to disappear as a result of a technical failure or force majeure, the application and its publisher could not be held liable, as this information has no evidential value and is for information purposes only.

The account pages and screens do not constitute proof of any kind; they are for information purposes only and are intended to ensure efficient management of purchases or contributions by the member.

The publisher reserves the exclusive right to delete the account of any member who has contravened these general terms and conditions (in particular, but without this example being exhaustive, where the member has knowingly provided incorrect information when registering) or any account that has been inactive for at least one year. Such deletion shall not constitute a loss for the excluded member, who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the possibility, for the publisher, of taking legal action against the member, where the facts justify this.

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EXEMPTION FROM THE PUBLISHER’S LIABILITY IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT

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Should access to the application be impossible due to technical problems or any other reason, the user will not be entitled to claim any damages or compensation. The unavailability of one or more products, even for a prolonged period and without any time limit, may not constitute a prejudice for users and may not in any way give rise to the awarding of damages by the publisher.

The hypertext links present on the application may lead to other applications or websites, and the application publisher may not be held liable if the content of these sites and applications contravenes current legislation. Similarly, the publisher may not be held liable if the use of these sites or applications by the user causes him or her harm.

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GEOGRAPHICAL LIMITATION OF USE

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Use of the application and its services is limited to mainland France.

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INTELLECTUAL PROPERTY RIGHTS RELATING TO ELEMENTS OF THE APPLICATION

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All the elements of the application belong to DRIVER FLEET or to a third party authorised by DRIVER FLEET. Any copy of the logos, textual, pictorial or video content, without this list being limitative, is strictly prohibited and is tantamount to counterfeiting.

Any member found guilty of infringement may have his or her account deleted without notice or compensation and without this deletion constituting damage to him or her, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the publisher of the application or his or her agent.

This application uses elements (images, photographs, content) for which the credits go to : DRIVER FLEET.

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LIMITATION OF LIABILITY

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The application publisher is bound only by an obligation of means; it cannot be held liable for any damage resulting from the application, such as loss of data, intrusion, viruses, disruption of service, or other.

The application publisher cannot be held responsible for the non-performance of the contract entered into due to the occurrence of an event of force majeure and in particular in the event of disasters caused by flood or fire. With regard to the products purchased, the publisher shall not be held liable for any indirect damage, operating loss, loss of profit, damage or costs that may occur as a result of the present.

Users expressly acknowledge that they use the application at their own risk and under their sole responsibility.

The application provides the user with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist.

In any event, the Company may not be held liable under any circumstances:

– any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers or loss of data, which may result from the use of the application or, on the contrary, from the impossibility of using it

– malfunction, unavailability of access, misuse or incorrect configuration of the user’s peripheral, or the use of a peripheral that is little used or obsolete by the user.

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ACCOUNT CLOSURE

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Each member is free to close their account directly online via the application. No data recovery will then be possible.

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MISCELLANEOUS CLAUSES

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These terms and conditions are governed by French law. They may be amended at any time by the publisher or its authorised representative.

The general terms and conditions applicable to the user are those in force on the day of purchase or connection to the application.

The publisher undertakes, of course, to keep all its previous general terms and conditions and to send them to any user who requests them.

Except in the case of public policy provisions, any disputes that may arise in connection with the performance of these general terms and conditions may, before any legal action is taken, be submitted to the publisher for amicable settlement. You are expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal action.

Unless otherwise provided by public policy, any legal action relating to the performance of this contract shall be subject to the jurisdiction of the courts within the jurisdiction of the Court of Appeal to which the matter is referred.

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PAYMENT INFORMATION

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The user can place a purchase (transport order) on the present application and make payment on board the independent driver’s vehicle by cash or credit card. To make sure he is paid before travelling, the independent driver may ask for payment for the journey via a secure SMS transaction before confirming the pick-up to validate the journey.

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ARCHIVING

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Once the service has been completed, the customer will have access to information relating to their previous bookings on their personal YUSE

The Reservation and information relating to the service are archived on reliable, long-term media in order to provide an authentic and durable copy.

The computerised registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

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FRAMEWORK OF CONDITIONS

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If any provision of the Terms and Conditions is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These conditions describe the entire agreement between the user and the publisher. They supersede all prior or contemporaneous written or oral agreements. The general terms and conditions are not assignable, transferable or sub-licensable by the user himself.

Une version imprimée des Conditions et de tous les avis donnés sous forme électronique pourra être demandée dans des procédures judiciaires ou administratives en rapport avec les conditions générales.

The parties agree that all correspondence relating to these general terms and conditions must be drafted in the French language.

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NOTICES

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Any notification or notice concerning these general terms and conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by Post or any other nationally recognised courier service that allows you to track your packages on a regular basis, or by e-mail to the addresses indicated in the application’s legal notices, specifying your full name, contact details and the subject of the notice.

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CLAIMS

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Any claim relating to the use of the application, the pages of the application on any social networks or the general terms and conditions, legal notice or personal data charter must be filed within 365 days of the day on which the problem giving rise to the claim arose, regardless of any law or rule of law to the contrary. In the event that such a claim has not been lodged within the following 365 days, such claim will be forever inapplicable in court.

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INEXACTITUDES

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It is possible that, to a limited extent, the application and the products offered may contain inaccuracies or errors, or information that does not comply with the general terms and conditions, the legal notice or the personal data charter.

It is also possible that unauthorised modifications may be made by third parties on the application or on related services (social networks, etc.). We are doing our utmost to ensure that any discrepancies of this kind are rectified.

In the event that such a situation should escape us, please contact us by post or by e-mail at the addresses indicated in the application’s legal notice with, if possible, a description of the error as well as sufficient information to enable us to contact you. For requests relating to copyright, please refer to the section on intellectual property.

OUTSOURCING

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DRIVER FLEET reserves the right to use subcontractors in order to ensure continuity of service, insofar as the service offered is equivalent to that of DRIVER FLEET.

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DISPUTE

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In the event of a dispute, before taking any legal action, DRIVER FLEET and the User will seek an amicable solution. The User is informed of his or her right to have recourse to a mediation procedure in accordance with articles L.611-1 et seq. of the French Consumer Code, and of the possibility of lodging a complaint with a dispute resolution body.
If no amicable solution is found, for any legal action, the courts of Bayonne (64) will have sole jurisdiction and only French law will apply.

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LEGAL INFORMATION

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YUSE is a SASU (simplified joint stock company) with capital of 1,500 euros, registered in the Bayonne Trade and Companies Register under no. 839 946 027, whose registered office is at 127 chemin de Jaureguia, 64500 Saint-Jean-de-Luz, represented by its current legal representative, domiciled in this capacity at the said registered office, duly authorised for the purposes of the present document.

The publication director is Mr Nicolas BOUCAU in his capacity as Chairman of DRIVER FLEET.

The website   www.yuse.fr   is hosted by :

OVH

SAS with share capital of €10,069,020
RCS Lille Métropole 424 761 419 00045
APE code 2620Z
VAT NO : FR 22 424 761 419
Registered office: 2 rue Kellermann – 59100 Roubaix – France

Director of publication: Octave KLABA

Chairman: Henryk KLABA

Managing Director: Miroslaw KLABA

Chief Operating Officer: Octave KLABA

Chief Operating Officer: Halina KLABA

For any complaint concerning this site, you can contact the DRIVER FLEET company by e-mail at the following address : contact@yuse.fr  ou by post at the following address DRIVER FLEET, 127 chemin de Jaureguia, 64500 Saint Jean de Luz.