GAC TECHNOLOGY specialises in publishing software for new information and communication technologies. GAC TECHNOLOGY has developed and markets software for use in managing vehicle fleets. In this context, GAC TECHNOLOGY has developed a mobile app to assist with driving and vehicle management for company car users.
The purpose of these Terms and Conditions of Use (the “T&C”) is to define the rules applicable to users of the “MYCARFLEET” mobile app (the “Application”) published by GAC Technology SAS, a French simplified joint stock company with share capital of €125,160, registered in the Lyon Trade & Company Register under number 500 168 208, whose registered office is located at 26 Rue de la Gare – 69009 Lyon, France (the “Publisher”).
The Application allows all users to connect all of their data when managing their assigned vehicle as part of their duties in the context of managing various actions (expense management, maintenance, reports, vehicle datasheets, mileage readings, etc.) exclusively as defined in the Application functions listed in online documentation, provided that the employer (the “Employer”) has acquired a user licence for software published by GAC TECHNOLOGY from the latter, including access rights for the Application, . The “MYCARFLEET” Application is intended for Users who are natural persons, in the context of the duties they carry out on behalf of the Employer holding a GAC Car Fleet account. Users are employees/agents representing the Employer which holds said account and has obtained a GAC Car Fleet software licence in order to manage its vehicle fleet (the “Users”).
These Terms and Conditions of Use are intended to govern the relationship between the Publisher and Application Users.
Users acknowledge that they have read the T&C before downloading the Application and will comply with the T&C.
By downloading and installing the Application on their telephone, Users explicitly accept these T&C as defined below, without reservations.
1- Terminology
Terms in these T&C beginning with a capital letter, whether used in the singular or plural, are defined as follows:
Application
The “MYCARFLEET” mobile app providing access to the Services, published and supplied by GAC Technology, available free of charge to Users from the Apple “App Store®” and Google “Google Play®”. Users must download the application to their Apple iOS and/or Android device.
Device
Any device equipped with iOS or Android operating systems, such as a smartphone or tablet (non-exhaustive list). The Device must be able to connect to the internet via a landline, mobile or Wi-Fi network.
T&C
These Terms and Conditions of Use for the Application.
Content
The structure of the Application, editorial content, drawings, illustrations, images, photographs, style guides, brands, logos, acronyms, company names, audiovisual works, multimedia works, visual content, audio content and any other content available within the Application itself and/or any other Application component (non-exhaustive list).
Services
The various features and services offered by the Application as defined in clause 2 below.
2- Purpose of the Application and scope of use – Description of the Service
The purpose of the Application is to provide Users with various Services, including the following main features, on a non-exhaustive basis:
Access to information about current and previous assigned vehicles (current lease status, latest claims, fines, fuel consumption, mileage readings, etc.);
Access to a page with useful numbers when travelling and/or to the Employer’s internal procedures, in accordance with the Employer’s choice and provided that the Employer has filled out this information in the Web Application;
An integrated GPS with identification and display of nearby sites and points of interest (service stations, first-aid points, supermarkets, restaurants, fuel suppliers, garages, etc.);
Inventory details, including any photographs taken;
Chatbot support.
This list is not exhaustive. Details of the Services which Users may access are shown in the list of features included in User and Employer documentation available via the Application. The Employer that purchased the Subscription is solely responsible for deciding whether or not to acquire any paid features from GAC TECHNOLOGY. Should a User complain about the selected features, the User should contact the Employer, as GAC TECHNOLOGY is under no circumstances responsible for adapting the options taken out by its Customer to User activity. GAC TECHNOLOGY may add new features and upgrades to the Application at any time.
Under no circumstances is the purpose of the Application to enable the Employer holding a user licence for the Software supporting this Application to geolocate the Users of said Application, particularly in order to monitor their journeys. In this respect, Users are informed that GAC TECHNOLOGY is not entitled to forward User geolocation data unless explicitly requested to do so in writing by the Employer, which will then accept full liability.
3- Requirements – Downloading the Application
Users will need a mobile device and Internet access in order to download the Application.
The Application can be downloaded free of charge from the App Store® and Google Play® platforms for the following mobile devices:
Apple® iPhone® mobile phone running iOS 10 and later operating systems;
A mobile phone running Android® OS 5 and later operating systems.
Users acknowledge and accept that the software version of the Application may be updated.
The Service is offered free of charge to Users, excluding the cost of a subscription with the mobile telephone operator and Internet access.
On this basis, Users will not be required to pay a fee to use the Application, as said Service is integrated in the software and the Users’ Employer has obtained a licence for the software.
4- Access to Services
In order to benefit from the Services offered via the Application, Users must start by logging in using the identifiers provided by the Employer and tick the box indicating their acceptance of these Terms and Conditions of Use. Once logged in, Users will be able to access the Application Services.
Users can access this Application using their login details alone, without the need to purchase a subscription, as the cost of access to the Application is included in the software licence issued by GAC TECHNOLOGY to the Employer.
5- User obligations
Users will:
Comply with the Publisher’s recommendations;
Use the Application appropriately with caution and discernment;
Not publish content (images, photographs, comments, etc.) or information that is unlawful, insufficient, inaccurate, misleading or contrary to public Order and morality or content that infringes the rights of third parties;
Not publish content (images, photographs, comments, etc.) that infringes the rights of third parties;
Not copy, give, sell, lend or hire out, distribute, reproduce, use, present or display commercially or otherwise the content accessed by Users via the Application;
Comply with applicable laws and regulations;
Not use the Application and/or related content for commercial purposes.
6- Application access and malfunctions
The Publisher will make every attempt to ensure that the Application is accessible and operational at all times, subject to the limits set out in clause 3 herein. In this respect, the Publisher is subject to a best-efforts obligation rather than a performance obligation and the Publisher cannot guarantee the continuity of its Services. The Service is provided “as is”. The Publisher cannot guarantee that the Service will be uninterrupted or free of errors or viruses, and makes no explicit or implicit warranties of any kind, including with respect to quality, suitability for a given purpose or the availability and/or accuracy of Service content.
The Publisher specifically accepts no liability in the event of a malfunction or failure of the Application to function due to non-coverage, poor 3G/4G coverage or the absence or poor quality of the GPS signal. As such, the Service partly operates on the basis of technologies developed and operated by third parties over which GAC Technology has no control.
In addition, the Publisher reserves the right to temporarily interrupt access to the Application for maintenance, repairs and/or upgrades. However, the Publisher will make every attempt to keep such interruptions to a minimum.
Users therefore represent that they are familiar with the Internet and accept its inherent limits and constraints. In this respect, Users specifically acknowledge that:
Data transmissions can be unreliable, particularly due to the mixed infrastructure and network components involved and any potential failures or system saturation;
Access to some networks may be restricted and subject to specific agreements;
Users may connect their computer equipment anywhere and may, where appropriate, in particular, divert, disseminate, alter, destroy or falsify data, software and/or content available on the Internet, despite access control procedures, primarily based on passwords or other access codes. Consequently, Users are responsible for taking any action deemed appropriate to ensure the security of their equipment and data, particularly in order to protect it from contamination by virus and/or attempted intrusion;
Any equipment used to connect to the Application is and will remain the sole responsibility of Users.
7- Intellectual property rights to the Application
The layout, structure and graphic and textual elements of the Application are the property of the Publisher and subject to intellectual property laws.
Using the Application grants no rights to Users other than the right to use the Application as provided for herein.
Consequently, Users may not, under any circumstances and in any way, reproduce, represent, distribute, market, copy, translate, adapt, extract and/or decompile all or part of any of the elements reproduced on the Application or all or part of the Application in general, without the Publisher’s explicit prior agreement, except for content of which they are the originator.
It is explicitly understood that, if Users post content via the Application, they acknowledge that said content could be forwarded to the Employer and/or all Application Users.
Accordingly, Users hereby grant the Publisher and explicitly acknowledge, for the entire world and for the entire duration of copyright protection, the right to reproduce, modify and represent said content on the Application and on the Website, without any financial consideration.
In addition, Users represent and warrant that they own the content posted online and that such content is free of all rights or, at least, that they hold the necessary rights for distribution via the Application.
8- Personal data protection
When using this Application, Users may be required to transmit their personal data, which may subsequently be processed by the Publisher in accordance with the Privacy Policy implemented by the Publisher for the Application, which can be accessed via the “Privacy policy” tab.
The Publisher attaches the utmost importance to the confidentiality of User information and personal data. The Publisher’s Privacy Policy was drawn up in compliance with applicable laws and regulations on personal data protection, in particular the French Data Protection Act of 6 January 1978 and the Act of 6 August 2004, and in accordance with European Regulation 2016/679 of 14 April 2016, known as the “GDPR”.
9- Hyperlinks
The Application may contain hyperlinks to third-party websites that are not governed by these T&C.
The Publisher has no control over the content of third-party websites referenced by hyperlinks. These websites are published by third-party companies operating independently of the Publisher.
Consequently, the Publisher cannot be held liable, in any way, for the content, advertising, products, services or any other information or data available on or from these websites. Consequently, Users acknowledge that they are solely liable for accessing and using such websites. The Publisher cannot be held liable for any proven or alleged damage or losses caused by or in connection with the use of or reliance on the content, goods or services available on such websites.
10- Amendments to the T&C
The version of the T&C in force on the date on which Users log in to and use the Application apply.
The Publisher reserves the right to amend all or part of the provisions of the T&C at any time, without need to provide Users with prior notice, for the purpose of adapting such provisions to changes in the Services, technical upgrades, legal or case law developments or the introduction of new services.
Any amendments made by the Publisher to the T&C will be brought to the attention of Users simply by posting them online. Such amendments are deemed to be accepted without reservation by all Users accessing the Application after publication. The Publisher therefore invites all Users to consult the T&C on a regular basis.
Any new Service incorporating new techniques or new features improving the quality of existing Services will also be subject to these T&C unless explicitly provided otherwise.
11- Governing law
These T&C are governed by French law. Any dispute or objection relating to the performance or interpretation of these rules which the parties fail to settle out of court will be referred to the competent courts.