Yuwway is a website and a mobile application provided by the company T1C. In this document, the term "platform" refers to the entity formed by the website and the mobile application.

T1C
20 boulevard de l’évasion 95800 CERGY
Capital : 103 000 euro
RCS Pontoise 820 770 543
SIRET : 820 770 543 00016
Intracommunal VAT : FR 09 820770543
CNIL Registration : 1977974 v 0

Website : http://www.yuwway.com
E-mail contact : contact@yuwway.com

Effective Date : 1 August 2016.

These Terms and conditions define the terms and conditions of use of the website and mobile application services (the “Services”), and set forth the rights and obligations of each party in this framework. Certain services may require particular terms of service, in addition to these Terms and Conditions. In case of contradiction, the particular terms shall prevail over these Terms and Conditions.

The access and use of the Yuwway platform constitute the acceptance of these Terms and Conditions and the User indicates that he understands this agreement and consents to be bound by its terms. If the User does not accept these Terms and Conditions, he may not use the Services of the Yuwway platform and is asked to unsubscribe from them.

Yuwway may modify those Terms and Conditions at any time. The User will be notified of these modifications by any useful mean. The User who does not accept the amended Terms and Conditions shall unsubscribe from the Services (cf. article 12). Any User who accesses the Services after the notification of the modifications have been issued will be considered to have accepted these amendments.

The Yuwway platform provides a connection interface between the Users and the Suppliers via its software application as a Service but does not operate as a Supplier.

1. The use of the Services requires the User to register on the website or the application, by filling in the provided form. The User must supply the information for all the required fields. Incomplete registration forms will not be validated.
   
   The registration automatically creates an account in the name of the User (“Account”), giving him access to a user account (“User Account”) allowing him to manage his use of the Services in any way and through any technical mean deemed to be the more appropriate by Yuwway to fulfill the aforesaid Services.
   
   The User warrants that all information supplied in the registration form is accurate, current and true and does not feature a deceitful nature. He agrees to update this information through his User Account in case of a change, so that it meets the aforementioned requirements at all times.
   
   The User understands and accepts that the information he provides for the creation and the update of his Account are proof of his identity. The information supplied by the User commits him upon its validation.
2. The User can access his User Account at any time upon his identification with his username and his password.
   
   The User agrees to use the Services personally and to allow no other person to use it on his behalf, unless he bears the full responsibility for it.
   
   He is also responsible for maintaining the confidentiality of his username and password .He must immediately get in touch with Yuwway through the contact details provided in the Preamble of these Terms and Conditions if he observes that his Account has been used without his knowledge. He accepts Yuwway’s right to take any appropriate measure in such cases.
3. The Yuwway platform is intended for people who wish to make a urban displacement with a Vehicle For Hire (“VFH”) ; it precisely consists in providing a VFH comparison and reservation application. The transport resulting from a reservation is carried out by a VFH Operator or a company registered in the “Registre départemental des transports”, which undertake for themselves the services ordered by the Client.

1. The “Supplier” refers to the service provider which carries out the transportation service for the User.
2. Yuwway provides an interface that makes reservations between the User and the Suppliers easier but does not act as a Supplier or on behalf of a Supplier. The User hereby recognizes that Yuwway does not carry out transportation services or act as a transport service provider.
3. A confirmed reservation will bind by contract the User and the pertinent Supplier in accordance with the Terms and Conditions of this Supplier. By making reservations with a Supplier, the User thus accepts this Supplier’s Terms and Conditions.
4. The Supplier’s Terms and Conditions include important information regarding the relationship between the User and the Supplier, such as the provisions concerning insurance, cancellation fees and other matters.
5. The User acknowledges and accepts that Yuwway bears no responsibility for the provision, the quality and the safety of the transportation services performed by the Suppliers and the drivers acting on behalf of the Suppliers. The Supplier bears alone the full responsibility of the transportation services he offers.

1. Yuwway may have to seek authorization on the payment method chosen by the User.
2. The User acknowledges that the actual fee may be determined at any time after the issuance of the Services or the cancellation of a reservation and that a charge may occur at any time. The actual fee refers to all fees defined by the Terms and Conditions of the Suppliers and all additional fees deemed necessary by Yuwway (such as a repair fee for any damage caused on the vehicle, for example). The User will be informed of the actual fee which will automatically be charged to the chosen payment method. The User acknowlegdes and accepts that all charges are due immediately and that Yuwway is allowed to charge the selected payment method of the pertinent amount.
3. In the case of a User cancelling a reservation, the User acknowledges that he may have to pay a cancellation fee if such a provision is provided for in the Terms and Conditions of the Supplier.
4. Yuwway reserves the right to offer promotions to its Users. These promotions may be subject to conditions which will be determined by Yuwway and made avalaible on the platform.
5. Yuwway reserves the right to offer promotions to its Users. These promotions may be subject to conditions which will be determined by Yuwway and made avalaible on the platform.
6. The Service provided by Yuwway (by connecting the Users with the Suppliers) is free of charge for the Users.

Without prejudice to the other obligations hereunder, the User agrees to meet the following obligations :

1. The User warrants that he will use the Services in compliance with applicable laws and regulations and that he will not infringe any third party’s rights or the public order. He alone is responsible for the completion of any formality, including administrative, social and/or tax formalities, and for the payment of any contribution or tax of any kind that would be incumbent upon him in connection with his use of the Services. The User is informed and accepts that the implementation of the Services requires to be connected to the internet and that the quality of the Services depends upon this connection, which he is responsible for.
2. The User is solely responsible for the relationships he may form with other Users and the information he communicates to them as part of the Services. He is to exercise the proper caution and discernment required in these relations and communications. The User also undertakes to adhere to the usual rules of politeness and courtesy in his exchanges with other Users.
3. The User agrees to provide Yuwway with all information necessary for the proper performance of the Services. More generally, the User agrees to actively cooperate with Yuwway for the proper execution of these Terms and Conditions.
4. The User acknowledges that the Services offer him an additional but non-alternative solution to the means he already uses to achieve the same goal and that this solution does not replace such other means.
5. The User guarantees Yuwway against all complaints, claims, actions and/or demands that Yuwway may undergo due to the breach by the User of any of his obligations or warranties under these Terms and Conditions. He undertakes to compensate Yuwway for any wrong it may undergo and to pay for all fees, expenses and/or sentences it may thus have to bear.
6. It is strictly prohibited to use the Services for:
   1. the exercise of illegal or fraudulent activities, or activities violating the rights or the safety of others,
   2. the breach of the public order or the violation of the applicable laws and regulations,
   3. the intrusion into the computer system of a third party or any activity likely to harm, control, interfere or intercept all or part of the computer system of a third party and to violate its integrity or security,
   4. sending unsolicited and/or prospecting or commercial solicitation emails,
   5. operations to improve the SEO (Search Engine Optimization) of a third party website,
   6. the facilitation or the incitement, in any form and by any means whatsoever, to one or more of the above-mentioned acts and activities,
   7. and more generally, any practice misusing the Services for purposes other than those for which they were designed.
7. It is strictly forbidden for Users to copy and/or divert, for their own purposes or those of a third party, the concept, the technologies or any other element of the Yuwway platform.
8. Are also strictly prohibited :
   1. any behavior likely to interrupt, suspend, slow or prevent the continuity of the Services,
   2. any intrusion or attempted intrusion into the Yuwway system,
   3. any misuse of the platform’s system resources,
   4. any action likely to require a disproportionate load on the infrastructure of the latter,
   5. any infringement on the security and authentication measures,
   6. any act likely to undermine the financial, commercial or moral rights and interests of Yuwway or the platform Users,
   7. and more generally, any breach of these Terms and Conditions.
9. It is strictly forbidden to monetize, sell or concede all or part of the access to the Services or the website, and the information hosted and/or shared there.

In case of a breach of any provision of these Terms and Conditions or, more generally, of a violation of the applicable laws and regulations by a User, Yuwway reserves the right to take any appropriate action, including :

1. to suspend or terminate the access to the Services of the User perpetrator of the breach or participant in it,
2. to remove any content posted on the platform,
3. to publish on the platform any information message deemed fit by Yuwway,
4. to advise any pertinent authority,
5. to start any legal proceedings.

1. Yuwway undertakes to provide the Services with due diligence and in accordance with the professional standards, being specified that it bears a best endeavors obligation, to the exclusion of any obligation of result, which the Users expressly recognize and accept.
2. Yuwway has no knowledge of the Content posted by the Users as part of the Services, on which it performs no moderation, selection, verification or control of any kind and for which it only acts as a hosting provider.
   
   Accordingly, Yuwway can not be held responsible for the Content authored by third parties ; any claim should thus be directed to the author of the Content in question.
   
   The Content prejudicial to a thirs party may be notified to Yuwway according to “article 6 | 5 de la loi n° 2004-575 du 21 juin 2004 pour la Confiance dans l’Economie Numérique”, Yuwway reserving the right to take any measure described in article 6.
3. Yuwway undertakes to conduct regular inspections to check the functioning and accessibility of the platform. In this respect, Yuwway reserves the right to temporarily interrupt the access to the platform for maintenance reasons. Moreover, Yuwway can not be held responsible for any temporary difficulties or impossibilities of access to the platform that would have originated from external circumstances, force majeure, or which would be due to disruptions in the telecommunication networks.
4. Yuwway does not guarantee the Users that :
   1. the Services, subject to a constant research to improve its performance and progress, among other things, will be completely free of errors or faults,
   2. the Services, being standard and in no way offered for the sole intention of a given User based on his own personal constraints, will specifically meet their needs and expectations.
5. In any case, the liability that may be incurred by Yuwway hereunder is expressly limited to the sole proven direct damages suffered by the User.

The systems, softwares, structures, infrastructures, databases and content of any kind (texts, images, imageries, musics, logos, trademarks, databases, etc…) used by Yuwway in the platform are protected by the applicable intellectual property rights or databases producers rights. Any dismantling, decompilation, decryption, extraction, reuses, copy and, more generally, any act of reproduction, distribution and use of any of these elements, in whole or part, without Yuwway authorization is strictly prohibited and may be subject to prosecution.

The User expressly acknowledges and agrees :

1. that the data collected on the platform and the computing equipments is proof of the reality of the transactions that occurred within the framework of these Terms and Conditions,
2. that this data is the only mode of proof recognized by the parties, including for the calculation of the amounts due to Yuwway.

The User may access these data in his User Account. Yuwway apply a personal data protection policy which provisions are described in the document “Privacy Policy”, which the User is expressly invited to read carefully on the Yuwway platform.

Yuwway reserves the right to insert on any page of the website and in any other communication with the Users any advertising or promotional messages, in any form and under any condition, and Yuwway shall be the only judge of it.

Yuwway will, in no case be held responsible for the technical availability of websites or mobile applications operated by third parties (including any partner) to which the User would access through the platform.

Yuwway assumes no liability for any content, advertising, product and/or services available on such third parties websites and mobile applications which, it is reminded, are governed by their own terms of use.

Yuwway is also not liable for transactions between the User and any advertiser, be it a professional or a merchant (including any partner) to whom the User would be directed through the platform and would not, in any way, be party to any potential dispute with such third parties concerning, in particular, the delivery of products and/or services, guarantees, statements and any other obligations for which such third parties are responsible.

The Services are subscribed for an indefinite period.

The User can unsubscribe from the Services at any time, by sending a request to that effect to Yuwway by email, using the contact details provided in the Preamble.

The unsubscription is effective immediately. It will automatically delete the User Account.

These Terms and Conditions are governed by French law.

In the event of a translation of these Terms and Conditions in one or more languages, the language of interpretation will be French in case of conflicts or disputes about the meaning of a term or provision.

In case of dispute about the validity, interpretation and/or execution of these Terms and Conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction to judge, except for imperative procedural rules that would be contrary to this provision.