Term of use

1. Object

These terms and conditions are intended to define the terms and conditions of use of the services offered on the site (hereinafter: the "Services"), as well as to define the rights and obligations of the parties in this context.

They may be supplemented, where appropriate, by conditions of use specific to certain Services.

In case of contradiction, the special conditions take precedence over the general conditions.

2. Services Operator

The Services are operated by NiftyBike, a micro enterprise, registered with the RCS of La Rochelle under n ┬░ 521 938 019, whose head office is located at 60 avenue Coligny, 17000 La Rochelle.

NiftyBike can be contacted at the following coordinates:

Postal address: 60 Coligny Avenue - 17000 La Rochelle

Email address: contact@niftybike.com

3. Access to the Site and Services

The Services are accessible, subject to the restrictions provided on the website:

to any natural person with full legal capacity to engage under these terms and conditions. A natural person who does not have full legal capacity can only access the site and the Services with the consent of his legal representative;

to any legal person acting through a natural person having the legal capacity to contract on behalf of and for the account of the legal person.

4. Acceptance of general conditions

By using or accessing the NiftyBike Services, you agree to these terms of use. This acceptance can only be full and complete. Any membership subject to reservation is considered null and void. Users who do not agree to be bound by these terms and conditions must not use the Services.

5. Registration on the site

5.1

The use of the Services requires the User to register on the site, by completing the form provided for this purpose. The User must provide all the information marked as mandatory.Incomplete registration will not be validated.

The registration automatically entails the opening of an account in the name of the User (hereinafter: the "Account"), giving him access to a personal space (hereinafter: "Personal Space") which allows to manage its use of the Services in a form and according to the technical means that NiftyBike deems most appropriate to make said Services.

The User warrants that all information given in the registration form is accurate, up-to-date and truthful and is not misleading.

He undertakes to update this information in his Personal Space in case of modifications, so that they always correspond to the aforementioned criteria.

The User is informed and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity. The information entered by the User commits him as soon as it is validated.

5.2

The User can access at any time his Personal Area after identifying himself using his login (email address) and password.

The User agrees to personally use the Services and not to allow any third party to use them in his place or on his behalf, except to bear full responsibility.

He is also responsible for maintaining the confidentiality of his username and password. He must immediately contact NiftyBike at the coordinates mentioned in article 2 hereof if he notices that his Account has been used without his knowledge. He recognizes the right of NiftyBike to take all appropriate measures in such cases.

6. Description of the Services

The User has access to the Services described on the site, in a form and according to the functionalities and technical means that NiftyBike deems most appropriate.

7. Paid services

7.1 Price

The price of the paid services is indicated on the site.

Unless stated otherwise, they are expressed in euros and net of taxes (VAT not applicable, article 293 B of the CGI).

NiftyBike reserves the right, at its discretion and according to terms and conditions of which it will be the sole judge, to propose promotional offers or price reductions.

7.2 Price revision

The price of the Services may be subject to review by NiftyBike at any time at its sole discretion.

The User who does not accept the new prices must terminate his use of the Services in accordance with the provisions of article 18. Failing this, he will be deemed to have accepted the new rates.

7.3 Billing

The Services are the subject of invoices which are communicated to the User by any useful means.

7.4 Terms of payment

The terms of payment for the price of the Services are described on the site.

Payment is made by direct debit from the credit card number of the User.

The levy is implemented by the payment provider designated on the site, which alone retains the bank details of the User for this purpose. NiftyBike does not retain any bank details.

The User guarantees NiftyBike that he has the necessary authorizations to use the chosen method of payment. He undertakes to take the necessary measures so that the automatic deduction of the price of the Services can be made.

7.5 Delays and payment incidents

The User is informed and expressly agrees that any delay in payment of all or part of an amount due on its due date will automatically result, without prejudice to the provisions of Article 12 and without prior notice:

the forfeiture of the term of all sums due by the User and their immediate payment;

the immediate suspension of the Services in progress until the full payment of all the sums due by the User;

in accordance with article L441-6 of the French Commercial Code, a penalty calculated at an annual rate of 12% will be applied without this rate being lower than 3 times the legal interest rate. A lump sum recovery fee of 40 Euros will also be payable.

8. Data

The User acknowledges and expressly agrees:

that the data collected on the site and the computer equipment of NiftyBike is evidence of the reality of the operations involved in the context of the present;

that these data constitute the only accepted mode of proof between the parts, in particular for the computation of the sums due to NiftyBike.

The User can access this data in his Personal Space.

9. Obligations of the User

Without prejudice to the other obligations provided for herein, the User undertakes to respect the following obligations:

9.1

The User agrees, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.

In particular, he is solely responsible for the proper performance of all formalities including administrative, tax and / or social and all payments of contributions, taxes or levies of any kind incumbent on him, if any, in relation to his use of the Services. The responsibility of NiftyBike will in no case be engaged in this respect.

9.2

The User acknowledges having read on the site the characteristics and constraints, including technical, of all Services. He is solely responsible for his use of the Services.

9.3

The User is informed and accepts that the implementation of the Services requires that he is connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

9.4

The User is also solely responsible for the relations that he may establish with the other Users and the information he communicates to them in connection with the Services. It is up to him to exercise proper prudence and discernment in these relations and communications. In addition, the User agrees in his exchanges with other Users to respect the usual rules of politeness and courtesy.

9.5

The User agrees to make a strictly personal use of the Services. He is therefore prohibited from assigning, granting or transferring all or part of his rights or obligations hereunder to any third party in any way whatsoever.

9.6

The User undertakes to provide NiftyBike with all the information necessary for the proper execution of the Services. More generally, the User agrees to cooperate actively with NiftyBike for the proper execution of these.

9.7

The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including the name and / or image possibly chosen by the User to identify it on the site) that it disseminates in the scope of the Services (hereinafter referred to as the "Contents").

It guarantees to NiftyBike that it has all the rights and authorizations necessary for the diffusion of these Contents.

It undertakes that said Contents are lawful, do not infringe public order, morality or the rights of third parties, do not infringe any legislative or regulatory provisions and more generally, are in no way likely to play the civil or criminal liability of NiftyBike.

The User is forbidden to broadcast, in particular and without this list being exhaustive:

Pornographic, obscene, indecent, offensive or inappropriate material for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,

Content that is counterfeit or covered by the intellectual property of a third party,

Attempted content in the image of a third party,

False, misleading or proposing or promoting illegal, fraudulent or deceptive content,

Content that is harmful to third-party computer systems (such as viruses, worms, Trojan horses, etc.), and more

generally Content which may infringe the rights of third parties or be prejudicial to third parties in any manner and in any form whatsoever.

9.8

The User acknowledges that the Services offer him an additional but not alternative solution to the means he already uses elsewhere to achieve the same objective and that this solution can not be a substitute for these other means.

9.9

The User must take the necessary measures to safeguard by his own means the information of his Personal Space that he deems necessary, of which no copy will be provided.

9.10

The User is informed and accepts that the implementation of the Services requires that he is connected to the Internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.

10. User Warranty

The User guarantees NiftyBike against any complaints, claims, actions and / or any claims that NiftyBike may suffer as a result of the breach by the User of one of his obligations or guarantees under these terms and conditions.

He undertakes to indemnify NiftyBike for any loss it may suffer and to pay him any costs, charges and / or convictions that he may have to bear as a result.

11. Prohibited behavior

11.1

It is strictly forbidden to use the Services for the following purposes:

the performance of illegal, fraudulent or infringing activities or the rights of third parties,

the breach of public order or the violation of the laws and regulations in force,

the intrusion into a third party's computer system or any activity likely to harm, control, interfere with, or intercept all or part of a third party's computer system, violating its integrity or security,

the sending of unsolicited emails and / or prospecting or commercial solicitation,

manipulations intended to improve the referencing of a third-party site,

the assistance or inducement, in any form or manner, to one or more of the acts and activities described above,

and more generally any practice diverting the Services for purposes other than those for which they were designed.

11.2

Users are strictly prohibited from copying and / or misappropriating the concept, technologies or any other element of the NiftyBike website for their own purposes or those of third parties.

11.3

The following are also strictly prohibited: (i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the NiftyBike systems, (iii) any diversion of the system's resources. site, (iv) any actions likely to impose a disproportionate burden on the infrastructure of the latter, (v) any breaches of the security and authentication measures, (vi) any acts likely to affect the rights and financial interests , commercial or moral NiftyBike or users of its site, and finally more generally (vii) any breach of these terms and conditions.

11.4

It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the site, as well as the information that is hosted and / or shared.

12. Penalties for breaches

In case of breach of any provision of these terms and conditions or more generally, violation of the laws and regulations in force by a User, NiftyBike reserves the right to take any appropriate action including:

suspend or terminate access to, or participation in, the Services of the User, the author of the breach or offense,

delete any content posted on the site,

publish on the site any information message that NiftyBike deems useful,

notify any relevant authority,

initiate any legal action.

13. Liability and warranty of NiftyBike

13.1

NiftyBike undertakes to provide the Services diligently and according to the rules of the art, it being specified that it weighs on it an obligation of means, to the exclusion of any obligation of result, which the Users recognize and expressly accept. .

13.2

NiftyBike is not aware of the Content posted by the Users as part of the Services, on which it does not make any moderation, selection, verification or control of any kind and for which it intervenes only as a hosting provider.

Accordingly, NiftyBike can not be held responsible for the Content, whose authors are third parties, any potential claim to be directed in the first place to the author of the Content in question.

Content harmful to a third party may be the subject of a notification to NiftyBike in the manner provided by Article 6 I 5 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, NiftyBike reserving the right to take the measures described in Article 12.

13.3

NiftyBike declines any responsibility in case of any loss of the information accessible in the User's Personal Space, the latter having to save a copy of it and not being able to claim any compensation in this respect.

13.4

NiftyBike undertakes to conduct regular checks to verify the functioning and accessibility of the site. As such, NiftyBike reserves the right to temporarily interrupt access to the site for maintenance reasons. Similarly, NiftyBike can not be held responsible for temporary difficulties or impossibilities of access to the site due to external circumstances, force majeure, or due to disruption of telecommunication networks.

13.5

NiftyBike does not warrant to Users (i) that the Services, subject to constant research to improve performance and progress, will be completely free from errors, defects or defects, (ii) that the Services, being standard and not proposed for the sole purpose of a given User according to his own personal constraints, will specifically meet his needs and expectations.

13.6

In any case, the liability that may be incurred by NiftyBike under the terms hereof is expressly limited to proven direct damages suffered by the User.

14. Intellectual property

The systems, software, structures, infrastructures, databases and contents of any kind (texts, images, visuals, music, logos, brands, database, etc ...) exploited by NiftyBike within the site are protected by all rights of intellectual property or rights of database producers in force. Any disassembly, decompilation, deciphering, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of NiftyBike are strictly prohibited and may be subject to prosecution.

15. Personal data

NiftyBike practices a personal data protection policy, the characteristics of which are explained in the document entitled "Confidentiality Charter", which the User is expressly invited to read on the site.

16. Advertising

NiftyBike reserves the right to insert on any page of the site and in any communication to Users any advertising or promotional messages in a form and under conditions of which NiftyBike will be the sole judge.

17. Links and third party sites

NiftyBike will in no way be held responsible for the technical availability of websites or mobile applications operated by third parties (including potential partners) to which the User would access through the site.

NiftyBike assumes no liability for the content, advertising, products and / or Services available on such third-party mobile sites and sites that are reminded that they are governed by their own terms of use.

NiftyBike is also not responsible for transactions between the User and any advertiser, professional or merchant (including any potential partners) to which the User would be directed through the site and can not under any circumstances be party to any potential disputes with these third parties concerning, in particular, the delivery of Products and / or Services, the warranties, declarations and other obligations to which such third parties are subject.

18. Duration of Services, unsubscription

Services are underwritten for an indefinite period.

The User may unsubscribe from the Services at any time, by accessing his Personal Space.

The unsubscription is effective immediately. It automatically deletes the User Account and its contents.

Recovery of a deleted User Account is not possible.

19. Changes

NiftyBike reserves the right to modify at any time these terms and conditions.

The User will be informed of these modifications by any useful means.

Users who do not accept modified terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in article 18.

Any User who uses the Services after the entry into force of the modified terms and conditions is deemed to have accepted these changes.

20. Language

In the event of a translation of these terms into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute over the meaning of a term or a provision.

21. Applicable law and jurisdiction

These general conditions are governed by French law.

In case of dispute about the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of La Rochelle will be exclusively competent to judge, except contrary mandatory rules of procedure.

22. Entry

These terms and conditions came into effect on July 25, 2017.