GENERAL CONDITIONS OF USE FOR THE AS 24 MOBILE APPLICATIONS "DRIVER" AND "FLEET MANAGER"

The company AS 24, a simplified joint stock company [Société par actions simplifiée] with a share capital of €16,931,200, whose head office is located at Parc Tertiaire Ar Mor, 1 boulevard du Zénith 44818 SAINT HERBLAIN, registered on the Companies Register of NANTES under the No. 347 538 043 (VAT number: FR 38 347 538 043)  (hereafter referred to as “AS 24”) makes available to its clients two Mobile Applications.

Legal notice

1. RECITALS

The purpose of these present General Conditions of Use is to define the conditions whereby the Client or the user designated by the Client (hereafter referred to as the “User”) are authorised to access and use, free of charge, the Mobile Applications. Any download of the Applications shall entail acceptance without reservation, of the present T&Cs.

Conception and Applications’ developments

Mobiapps
Simplified joint stock company with a capital of 186 700 euros, having its head office address at 
14 rue Jules Vernes, 44700 Orvault – France 
incorporated under number 800 456 097 Nantes
Mobile phone: +33 (0)9 81 99 87 66

Applications’ hosting 

Sigma Informatique
Simplified joint stock company with a capital of 1 729 600 euros, having its head office address at
rue Newton- ZI la Gesvrine 44 240 LA Chapelle sur Erdre – France
incorporated under number 872 802 390 Nantes.
Mobile phone: +33 (0)2 40 37 14 00.

2. PRESENTATION

The Mobiles Applications enable the User to access, without authentication, information concerning the AS 24 network of stations (plans, access, cartography, route planning, etc…).
The Mobile Application “Fleet Manager”, which is accessible once the User enters their identifier and password, enables access to certain functionalities of MyAS24 Customer Area remotely available on the Mobile Application and access to functionalities specific to the application. The functionalities are regularly updated and AS 24 reserves the option to modify the list of contents of the functionalities at any time. The Mobile Application “Fleet Manager” also enables the User to subscribe to the “CardAlert” service in accordance with the methods of subscription referred to in the General Conditions of Sale previously accepted by the Client. 

The “CardAlert” service is invoiced in accordance with the arrangements provided at the time of subscription. 

Subscription to other products and services may be offered by AS 24 on the Mobile Application “Fleet Manager”.

3. ACCESS THE APPLICATIONS AND SERVICES

The Mobile Applications are downloadable from the Apple Store, Google Play, or AppGallery on the User’s compatible mobile terminal using a minimum of the iOS, Android, or HarmonyOS operating systems. Access to certain services requires activation of the GPS on the mobile terminal.

4. THE NON-REMUNERATIVE CHARACTER OF THE MOBILE APPLICATIONS

Access to the Mobile Applications is free of charge. However, AS 24 does not make any undertaking as to the continuation of the non-remunerative character of the Applications and reserves the right subsequently to modify its tariff principles. In this case, this change in tariff will be communicated to the User who would then be free to continue, or not to continue to use the Mobile Applications.

5. LIABILITY

AS 24 reserves the right, at any time, to modify or interrupt its Mobile Applications without its liability being invoked. The User must have the competencies and equipment required for the use of the Mobile Applications. In using the Mobile Applications, the User accepts all the risks and characteristics specific to the use of mobile terminals and the Internet, in particular: delays in transmission, technical errors and the risk of hacking.

The Customer’s attention is drawn to the fact that the collection and processing of all or part of the data of the Mobile Applications may constitute a control of the activity of employees subject to the prior obligations provided for by Articles L.1222-4 and L.2323-32 of the Labour Code.

Finally, the User is aware of and informed of the existence of viruses and other harmful programs that may be present on the Internet and which may infect their terminals. It is the responsibility of Users to take all appropriate measures to protect themselves against these. In no circumstances may AS24 be held liable for any malfunctions arising from the use of the Mobile Applications, regardless of their cause.

In particular, AS 24 declines all liability in the case of interruption of the Mobile Applications, the occurrence of bugs or functioning errors, and in the case of damage, whether direct or indirect, regardless of their causes, origins, natures, or consequences, caused by anyone accessing the Mobile Applications, the impossibility of being able to access them, or their use.

AS 24 also declines all liability for damage that may be caused to Users’ computer equipment following access to the Mobile Applications, or their use.

AS 24 may interrupt the functioning of the Mobile Applications for maintenance reasons.

AS 24 is not bound other than by an obligation of best endeavours in the continuity of access and in the functioning of the Mobile Applications.

6. FORCE MAJEURE

The Company shall not be held liable to the user in the event that the performance of its obligations under these T&Cs is delayed, restricted, or rendered impossible due to the occurrence of an event of force majeure.
In particular, cases of force majeure are considered to be those usually recognised by French courts and jurisprudence. 

7. CONFIDENTIALITY

Use of the Mobile Application “Fleet Manager” is strictly personal. The User is responsible for the actions and conduct of any person using its access codes, and it must therefore ensure that the confidentiality of the identifiers and passwords is preserved.

8. SECURITY, PROOF, AND STORAGE

In order to ensure the protection of the data exchanged against risks of unauthorised access, modification, destruction, and loss, AS 24 undertakes: 

• to use a connection to its Mobile Applications that is of a secured standard,
• to implement and maintain the registration and archiving procedure described in Article “8. security, proof, and storage” below, of which the User acknowledges knowledge and understanding. The User acknowledges the reliability of this procedure. The User accepts that this shall have probative value in the case of any dispute and renounces any contestation of the probative value of the data saved and archived in accordance with this Article.

Access by Users to the Mobile Applications’ connected services is subject to a permanent record (date/time, calling IP address, URL accessed).
This record is retained for one year. Computerised and physical access to it is restricted to duly authorised persons, who are required to respect the confidentiality of the data.

9. INTELLECTUAL PROPERTY

9.1 Principle
All the information or documents (texts, images - whether or not animated, databases, sounds, photos, expertise, products cited) contained in the Mobile Applications, as well as all the elements created for the Mobile Applications and its general structure, are the property of AS 24 or of the TotalEnergies company, or are subject to user, reproduction and representation rights granted to the benefit of the latter. This information, and these documents or elements are subject to the laws protecting authors’ rights from the point at which they are made available to the public on these Mobile Applications. No licence, and no rights other than the rights to download and consult the Mobile Applications, are conferred upon anyone in respect of the intellectual property rights. The reproduction of the Mobile Applications documents is permitted solely for the purposes of information for personal and private use: any reproduction and any use of a copy made for other purposes is expressly prohibited and subject to prior, express authorisation by AS 24. In all cases, the authorised reproduction of the information contained in these Mobile Applications must include appropriate indication of the source and reference to ownership. These Mobile Applications comply with authors’ rights. All authors’ rights to the works protected that are reproduced and communicated on these Mobile Applications are reserved. Without authorisation, all use of the works other than individual, private reproduction, and consultation, is prohibited.

9.2 Ensign and symbols
Unless stated otherwise, the company names, logos, products, and brands cited in these Mobile Applications are the property of AS 24 or of TotalEnergies company. They may not be used without the prior, written authorisation of AS 24.

9.3 Databases
Any databases made available to the user are the property of AS 24, which is the producer of the databases. The extraction or re-use of any substantial quantitative or qualitative part of the databases, including for private purposes, is prohibited.

9.4 Personal data
No processing of data of a personal nature will be carried out by AS 24 for the use of these Mobile Applications. The information supplied for the downloading of the Mobile Applications “Fleet Manager” (user account, identifier) or for access to certain information is the responsibility of the downloading platforms and their General Conditions of Use, as is the case, as appropriate, for third party service providers that supply information.

9.5 Photo and video credits
Credits given on the Mobile Applications’ visuals.

10. MODIFICATION OF THE GENERAL CONDITIONS OF USE

The present General Conditions of Use may be modified at any time by AS 24, with a view to developing the Mobile Applications. The applicable version of the General Conditions for the Application is that which is in force for the duration of each consultation of the Mobile Applications.
If one or more of the provisions of the T&Cs are found to be unenforceable or prohibited by public policy, the remaining unaffected provisions of the T&Cs shall continue to apply to the User to the extent permitted by that policy.

11. APPLICABLE LAW AND JURISDICTION

The present T&Cs and all the points arising from and relating to the present T&Cs and their application, including their content, are governed by French law, regardless of the location(s) of execution of the substantial or accessory obligations.
For the resolution of any contestation or dispute, competency is specifically assigned to the courts of Nantes, subject to the provision of a specific assignment of competency arising from a specific legal or regulatory text. The French version of the General Conditions of Use shall prevail.

12. CONTACT DETAILS

For any questions relating to the conditions of use of the Mobile Applications, please contact us:

 

to the email address as24@gb.as24.com or by post to the following address: GNR8 49 Clarendon Road Watford WD17 1HP UK