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General Conditions of Use of the GIRLY CAR INVEST Application (driver)​

 

GIRLY CAR INVEST, is a simplified joint-stock company with a capital of 10,000,000 euros, whose registered office is located at 1390 AVENUE DU CAMPON, 06110 LE CANNET, registered with the Trade and Companies Register under number 90258719500014 represented by Mr Paul Berrebi his President.

Article 1. Online acceptance of the General Conditions of Use (hereinafter, "GTU")

Use of the Site is subject to acceptance of these T&Cs. When creating their user account, Users (as this term is defined below) must click the box "I accept the General Conditions of Use of the site and the service offered". Only the acceptance of these T&Cs allows Users to access the services offered by the Site (as this term is defined below). Acceptance of these T&Cs is complete and forms an indivisible whole, and Users cannot choose to have only part of the T&Cs applied or to make reservations.

By accepting the T&Cs, the User accepts in particular article 6 of the T&Cs concerning the "Processing of users' personal data" as well as the Cookies Usage Charter in which the defined terms preceded by a capital letter will have the meaning assigned to them in these T&Cs. (create a hyperlink).

In the event of a breach of one of the obligations provided for herein, GIRLY CAR INVEST reserves the right to delete the User account concerned.

Article 2. Modification of the General Conditions of Uuse

GIRLY CAR INVEST reserves the right to modify at any time the T&Cs, the functionalities offered on the Site or the operating rules of the Application (as this term is defined below). The modification will take effect immediately upon posting of the T&Cs that any User acknowledges having previously consulted.

When the modification occurs after payment by the User of a sum of money corresponding to an Order, the modification does not apply to the current transaction.

GIRLY CAR INVEST specifically reserves the right to offer new, free or chargeable services on the Site.

Article 3. Purpose 

GIRLY CAR INVEST is a service of instant orders and race reservations, performing for a given trip, date, time and type of vehicle, full support for customers from a starting point to a point of arrival. arrival.

The Application allows people wishing to make an urban trip in a transport car with driver (hereinafter, the "Race") to provide them with a software application for ordering transport cars with driver. The transport resulting from this order is carried out by a driver, employee or self-employed of the company GIRLY CAR INVEST, ordered via the Application (hereinafter, the "Order"). The person transported is hereinafter defined as the "Passenger".

The purpose of these General Conditions is therefore to define the conditions of use of the Application accepted by the Users (as this term is defined below) and GIRLY CAR INVEST

Article 4. Creation of the User account

Any reservation requires the prior creation of a user account, following the free installation of the Application on the mobile phone of the person who wishes to reserve a Race (hereinafter, the "User"), or on the Site Internet www.GIRLY CAR INVEST.fr (hereinafter, the "Site"). When registering, the User either registers via his Facebook account, or chooses a login ID and password, which are personal, confidential and not transferable to third parties. After having previously informed the User, GIRLY CAR INVEST may, for the purposes of operating the service, modify, change, delete an identifier and/or a password at any time.

The user registers his personal information (surname and first name, email, telephone number, postal code of the place of residence). The User must enter at least one means of payment and has the option of entering several. At no time does GIRLY CAR INVEST store or have knowledge of the user's banking information. The bank details used and, with the user's agreement, recorded will be kept by the secure banking organization Stripe; the User authorizes his bank in advance to debit his bank account for the amount appearing in the statements sent by GIRLY CAR INVEST, corresponding to the invoice issued at the end of the trip ordered in accordance with article 7.6

The User guarantees the truthfulness and accuracy of the information he communicates to GIRLY CAR INVEST through the Application. The creation of the User account can only be validated following the express acceptance of these General Conditions by the latter, who will thereby acknowledge having read them.

Article 5. Use of the Application

To use the Application, the User must be legally capable of contracting and using the Application in accordance with these General Conditions.

To access the Application, the User must identify himself with a username and password. Any Order using the User's username and password is deemed to have been made by him.

Consequently, the price of any Order emanating from its customer account will be invoiced to the debit of the corresponding bank account.

In the Application settings, the User accepts geolocation allowing the driver to accurately determine the pick-up location.

The User undertakes to use the Application in a reasonable manner and in particular, not to present the following characters when it is picked up by the driver:

  • manifest state of intoxication;

  • dangerousness;

  • number of people exceeding the limit indicated when booking;

  • number of pieces of luggage exceeding the limit indicated at the time of booking or volume of luggage exceeding the carrying capacity of the vehicle;

  • presence of animals not enclosed in a cage or in a bag. Guide dogs are exempt from this obligation;

  • outrageous or immoral behavior.

This commitment is also made on behalf of the Passenger, if it is a person other than the User.

Article 6. Processing of Users' personal data and content of the Site

6.1. General provisions

In accordance with the provisions of Law No. 78-17 of January 6, 1978 amended by Law No. 2004-801 of August 6, 2004 relating to data processing, files and freedoms, GIRLY CAR INVEST proceeded on February 17, 2016 with of the National Commission for Computing and Liberties (CNIL) to the prior declaration of the processing it operates on the personal data concerning you, in accordance with simplified standard n ° 48 (CNIL deliberation n ° 2005-112 of June 7 2005 creating a simplified standard concerning the automated processing of personal data relating to the management of customer and prospect files – JO n°149 of June 28, 2005).

The person responsible for processing data concerning the User is GIRLY CAR INVEST. In accordance with the provisions of simplified standard No. 48, only employees and service providers of GIRLY CAR INVEST have access to your personal data, whose task is to operate the Site.

The data indicated as mandatory in the form allowing you to become a User of the Site require an exact response from the latter. Any lack of response or any response deemed abnormal by GIRLY CAR INVEST is likely to lead to the refusal of GIRLY CAR INVEST to take into account the application for registration on the Site.

The data collected by GIRLY CAR INVEST as part of the services provided on the Site are processed in accordance with the provisions of simplified standard no. 48 and the "Informatique et Libertés" law of August 6, 2004.

6.2. Transmission of Users' personal data to third parties

In accordance with the provisions of simplified standard n°48, GIRLY CAR INVEST reserves the right to transmit all or part of the personal data concerning Users in strict compliance with simplified standard n°48 and the "Informatique et Libertés" law of the August 6, 2004.

Any use of personal data other than that indicated above must be subject to individual, prior and explicit consent from the Users.

In accordance with Law No. 78-17 of January 6, 1978, GIRLY CAR INVEST will collect the agreement of Users for any transmission of its data to commercial partners for direct marketing operations by means of a checkbox.

6.3. Right of access, rectification and opposition

In accordance with Law No. 78-17 of January 6, 1978, the User has a right to access and rectify personal data concerning him, by contacting the webmaster of the Site, except for personal data given to GIRLY CAR INVEST when the online membership form has been completed and it is up to the User alone to modify and update, as stated in Article VII.4 "Updating date of personal data".

In accordance with Law No. 78-17 of January 6, 1978, the User has the right to object, free of charge and free of charge, to the use of personal data concerning him for prospecting purposes, in particular commercial, by GIRLY CAR INVEST or by its business partners. If this right of opposition is exercised for this reason directly with GIRLY CAR INVEST, the latter undertakes to pass on this opposition to its contractual partners to whom it may have transmitted the User's personal data.
 
In accordance with Law No. 78-17 of January 6, 1978, GIRLY CAR INVEST undertakes that the personal data concerning the User, even those transmitted to possible commercial partners, will not be transmitted outside the Union. European, except to obtain the prior express consent of the latter to this effect.

In accordance with Law No. 78-17 of January 6, 1978, GIRLY CAR INVEST reserves the right to transmit personal data concerning the User, either to comply with a legal obligation, or in application of a judicial, administrative decision, or an independent administrative authority (such as the National Commission for Computing and Liberties).

6.4. Updating personal data

The User undertakes to ensure, as necessary, the updating of the personal data concerning him. He also undertakes that the personal data concerning him are exact, complete and unequivocal. He may at any time access, by using his password and login on the Site, his User account containing all the personal data he has provided to GIRLY CAR INVEST.

6.5. Security of personal data

In accordance with Law No. 78-17 of January 6, 1978, GIRLY CAR INVEST undertakes to take all useful precautions, with regard to the nature of the data and the risks presented by the processing, to preserve the security of personal data concerning the User and, in particular, to prevent his personal data from being distorted, damaged, or from unauthorized third parties having access to it.

6.6. Site Hosting

The host of the Site is the company WIX. He acts as a subcontractor of GIRLY CAR INVEST, within the meaning of law n°78-17 of January 6, 1978, only on written instruction from GIRLY CAR INVEST, and does not have the right to use the personal data of Users to whom it is likely to have access, except for the purposes of performing technical services for hosting and managing databases and only under the contractual conditions signed between it and GIRLY CAR INVEST which cannot derogate from this article.

6.7. Intellectual property

The Site is the property of GIRLY CAR INVEST. Any reproduction, even partial, is subject to the prior written authorization of GIRLY CAR INVEST. Any hypertext link directed to a page other than the home page of the site is subject to the prior written authorization of GIRLY CAR INVEST.

Visitors to the Site undertake not to reproduce any of the elements of the Site. Any contrary use of all or part of the Site or any of its elements would constitute an infringement likely to lead to civil and/or criminal proceedings and to expose the offending visitor to the penalties mentioned.

6.8. Content of the Site entered by Users

GIRLY CAR INVEST is not responsible for the content entered on the Site by Users. However, as soon as it has been brought to the attention of GIRLY CAR INVEST that content infringes the rights of third parties, GIRLY CAR INVEST will make its best efforts to remove the disputed content from the Site without delay.   

Article 7. The Order

 7.1. Prerequisite      

The Race Order via the Application or on the Site is subject to the prior acceptance by the User of these General Conditions.

7.2. Description of the steps of the Order

7.2.1. Identification

To order, the User connects himself to the Application or to the Site, by entering his username and password.

7.2.2. Advance booking

If he wishes to make a reservation in advance, the User enters the reservation date, which includes three fields: the day, the month and the time. This date must be between 2 hours and 30 days following the order date.

7.2.3. Fields to fill in relating to the desired Race

The User fills in the various fields relating to the desired Race: place of departure, possibly place of destination, car range, means of payment, identity and mobile phone number of the Passenger if it is not the User .

Failing to inform the place of departure, and if necessary the means of payment, the Order process will not be able to succeed.

If the User has registered several means of payment, the Order cannot be completed if he does not select any of them.

GIRLY CAR INVEST offers a price for carrying out the requested Race. The User is free to accept or not the offer proposed by GIRLY CAR INVEST; if he accepts it, he must first ensure that all the information displayed is consistent with the desired Race. GIRLY CAR INVEST transmits to the driver in charge of the Race, the elements of the Order.


The elements of taxes or surcharges related for example to motorway tolls will be added to the price of the race at the conclusion of it.

7.3. Delay / Order Cancellation

To be able to validate his Order, the User must imperatively read and accept these T&Cs, which, in terms of delay or cancellation of the Order, will prevail over the general conditions of use of the driver, even if the latter are more favorable. to the User.

7.3.1. Delays

Beyond ten (10) minutes late after the agreed meeting time, the Carrier will be free to no longer perform the Race and payment for the latter will be due by the User. It will therefore be automatically deducted.

Beyond the 20-minute waiting franchise beyond the initial meeting time set by the User, the Carrier is entitled to charge a supplement for waiting, at the rate of 0 5€ per additional minute of waiting, the supplement being capped at 20€ (which is equivalent to 1 hour late).

7.3.2. Cancellation

The user has the right to cancel his Race free of charge up to two (2) hours before the time fixed when placing the Order.

In the event of cancellation occurring between two (2) hours and the time fixed during the Order, the User will be required to pay 50% of the amount of the Race.

In the event of cancellation made after the time fixed during the Order, the User will be required to pay 100% of the amount of the Race.

In the event of a dispute on these matters which fall under Article 7.3. hereof, notification will automatically be made to GIRLY CAR INVEST and the latter will make its best efforts to reach an amicable settlement when this is possible, without contracting anything other than an obligation of means in this regard.

7.4. Obligations of GIRLY CAR INVEST

Upon receipt of the User's request, GIRLY CAR INVEST undertakes to send him a confirmation of the Order by notification containing the name of the driver, the price of the trip and the range (Eco, Sedan, Van or motorcycle taxi ) of the vehicle.

The arrival time provided GIRLY CAR INVEST is indicative and based on standard times which cannot engage its responsibility.

Article 8. Methods of payment

Payment can be made by credit card via the application, or by check and cash from the carrier.
Payment can also be made via the kitty created in the application.

8.1. Default of payment 

Any delay or non-payment for any reason whatsoever will result in an increase in the sums due as a penalty clause by a lump sum of fifteen (15) euros.

It will also be likely, in the event of repetition, to lead to the closure of the User account by GIRLY CAR INVEST.

Article 9. Execution of the Races

9.1. Range of Races

The Race begins when the Passenger gets on the Carrier's vehicle and ends when the Passenger gets off the same vehicle.

9.2. Passenger support

The Carrier may refuse to take charge of the Passenger in the following cases:

  • manifest state of intoxication;

  • dangerousness;

  • number of people exceeding the limit indicated when booking;

  • number of pieces of luggage exceeding the limit indicated at the time of booking or volume of luggage exceeding the carrying capacity of the vehicle;

  • presence of animals not enclosed in a cage or in a bag. Guide dogs are exempt from this obligation;

  • outrageous or immoral behavior.

  • client is not a woman.

Support for the Passenger may also be canceled by the Carrier, in the event of force majeure meeting the definition criteria enacted by the legislative texts in force and commonly recognized by case law. The User will receive a notification to warn him of this. In this case, the Race will not be invoiced.

9.3. Modification of the Order by the Passenger 

Once the Order has been placed by the User, any change in the place of destination will result in the Carrier switching to an invoicing mode without place of destination and the rate indicated by the Application will no longer apply. At a minimum, the User will be invoiced for the lump sum initially accepted when placing his Order.

The Carrier is free to accept any modification of the place of destination of the Race.

9.4. Race route  

The price of the Race being determined in advance, the Carrier is free to choose the route it deems the shortest or fastest to take the User to the destination of the Race. The User may however suggest a route to the Carrier, but the latter remains free to accept it. The same applies to any intermediate stop or detour that the User would like to make.

Article 10. Quality commitment

10.1. Regulatory compliance

GIRLY CAR INVEST requires drivers present on the Site to comply with the laws in force regarding the operation of transport cars with Drivers or the possession of a license, when necessary.

GIRLY CAR INVEST does not, however, respond to changes in the situation of which it was not informed.

10.2. Availability of the Application 

The Application allows an operational service 24 hours a day, 365 days a year. GIRLY CAR INVEST may nevertheless interrupt it, with or without notice to the User, for reasons inherent to operating constraints.

Article 11. Liability of GIRLY CAR INVEST

GIRLY CAR INVEST strives to ensure the availability of the site and the Application 24 hours a day, 7 days a week.

However, it may happen that access to the Site or the Application is interrupted in the context of maintenance operations, hardware or software upgrades, emergency repairs to the Site, or as a result of circumstances independent of the will of GIRLY CAR INVEST (such as, for example, failure of telecommunications links and equipment). GIRLY CAR INVEST undertakes to take all reasonable measures to limit these disruptions, insofar as they are attributable to it.

Users acknowledge and accept that GIRLY CAR INVEST assumes no responsibility towards them for any unavailability, suspension or interruption of the site or service and cannot be held liable for direct and indirect damages of any kind resulting from this fact.

GIRLY CAR INVEST disclaims all liability for services outside the framework of the Race or which may be carried out during the latter, whether at the request of the User or on the initiative of the Carrier.

The Race carried out by the driver will be considered as regularly and fully executed if the User does not report the difficulties encountered or reservations immediately after the latter has been carried out. In addition, the User must immediately notify GIRLY CAR INVEST of any serious breach by the Carrier.

 

Article 12. Liability in the event of a dispute

GIRLY CAR INVEST undertakes its responsibility in the resolution of disputes within the framework of the T&Cs accepted by the User. The User may at any time send a complaint by registered mail with acknowledgment of receipt to the following address: 

GIRLY CAR INVEST, 1390 AVENUE DU CAMPON, 06110 LE CANNET or by email at: litigation@girly-car.com


GIRLY CAR INVEST undertakes to transmit to the drivers any complaints relating to the Race and to do everything possible to reach an amicable resolution of these between the User and the driver.

These will be sent to the Transporter, whose exact contact details GIRLY CAR INVEST undertakes to send at the User's request.

In all cases, and without prejudice to what has just been set out above and in the other clauses concerning the absence of liability of GIRLY CAR INVEST, any cause of liability which could be held against GIRLY CAR INVEST can only give rise to the payment of damages, the amount of which will be limited to the amounts collected for the Race or its cancellation.

Article 13. Responsibility of the User

The User must adopt a civil, reasonable behavior throughout the Race, not hindering its proper execution.

The provisions of this Article apply as of right to the Passenger if the latter differs from the User, the latter vouching for compliance with these conditions for the Passenger.

 

Article 14. Severability

In the event of nullity of any provision of these T&Cs, it is deemed unwritten and the other provisions retain their force and scope.

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