General Terms of Use
This MICHELIN Quiscan is published by:
MANUFACTURE FRANÇAISE DES PNEUMATIQUES MICHELIN a partnership limited by shares ("société en commandite par actions") with a share capital of €504,000,004 registered with the Trade and Companies Register of Clermont-Ferrand number 855 200 507, having its registered office at Place des Carmes Déchaux 63000 Clermont-Ferrand register under the number 855 200 507 R.C.S. at Clermont-Ferrand. Here after named “Michelin”.
Publishing Director: Florian Vigier
PLEASE READ THIS GENERAL TERMS OF USE CAREFULLY
These general terms of use, including the limitation of liability clause available in the application ("General Terms of Use" or "ToU"), set out the terms under which Michelin grants the User a right to download and to use the MICHELIN Quickscan Install application (“Application”).
ARTICLE 1: PURPOSE
The purpose of this legal notice is to set out the conditions under which Michelin makes this Application available to you and the terms and conditions governing your access to and use thereof.
Your use of the Application is subject to your compliance with this legal notice, which Michelin reserves the right to amend or update at any given time. By accessing and using the Application, you are agreeing to be bound by the terms and conditions of this legal notice.
ARTICLE 2: ACCESS TO AND USE OF APPLICATION AND CONTENT
2.1 Application: Access and Use
Michelin endeavors to ensure the Application remains available, without however being bound by any obligation to do so. Access to the Application may be modified, temporarily suspended or suppressed for the purposes of maintenance, updating or any other reason, notably of a technical, legal or security nature. Michelin shall not be held liable for these disruptions or any ensuing consequences for the user, whatsoever.
You undertake to refrain from accessing or using the Application in a fraudulent manner.
2.2 Content: Access and Use
This Application is available to all users authorized. It contains sections allowing you to:
• Deploy a new system, configure SLNs, gateways and options as vehicle identification by camera or RFID reader and check their operation
• Replace a device (SLN and / or gateway)
• Check the condition of an equipment or system
Michelin retains the right to modify, correct, interrupt and/or withdraw some or all of contents and/or Application at any time without notice.
Any Third-Party Content, as defined in Article 3.2, is subject to relevant third-party terms.
2.3 Restrictions of Use
Unless expressly authorized in advance by Michelin, all reproduction, representation and use other than that stated above is prohibited, in particular:
• any adaptation, provision to the public (solicited or otherwise), distribution, retransmission in any form whatsoever, networking, public communication of all or part of the Application, and of all works, services, trademarks and all copyrighted material or material that may be protected by intellectual property law reproduced on the Application;
• any extraction or reuse, including for private purposes, of a substantial part (in terms of quantity and/or quality) of the content of the databases created by the Application or made available on the Application;
• any repeated and systematic extraction or reuse, including for private purposes, of even a small part of the content of the databases created by the Application or made available on the Application;
• any link, access, modification, addition, deletion that relates to the automatic processing system for online publication and alters publication conditions or editorial policy.
The user is reminded that the following acts are forbidden:
• accessing and fraudulently remaining in an automatic data processing system,
• deleting, modifying or fraudulently adding data to said system,
• blocking said system.
Any user acting in breach of this legal notice renders himself liable to civil or criminal prosecution regarding notably infringement of copyright, breach of similar rights and/or the breach of rights of producers of databases and of automatic data processing systems.
ARTICLE 3: INTELLECTUAL PROPERTY RIGHTS
3.1 General
The content (which shall include but not be limited to information, texts, files, graphs, data, software, database, API, images, photos, visuals, videos and sound tracks, trademarks and logos as well as the form of all said components and the actual Application itself) is protected by copyright and/or other intellectual property rights. The content is the exclusive property of its publisher. Any copy, reproduction, representation, use, adaptation, alteration, modification, translation or dissemination of the content, whether in full or in part, whether it belongs to Michelin or to a third party that has granted Michelin the rights thereto, by any process whatsoever, is unlawful, notwithstanding the limited rights granted to the user under Article 4 herein below and/or any private copy reserved for the exclusive use of its holder. The content of this Application is subject to modification without notice and is published without any warranty whatsoever, whether express or implied, and may not give rise to any entitlement to compensation. The content is protected by ©2021 Michelin or copyright of its partners. The logos are registered trademarks.
3.2 Additional rules related to Third Party Content
Some “Third Party Content” (including but not limited to all information, text, files, images, graphics, visuals, software, data base, API, data, sound tracks, video, photographs, weblink, third party Application, data feeds from social network services, RSS feeds from blog posts, and data libraries and dictionaries and other content and material, in any format, obtained or derived from third party sources, outside of Michelin) may be made available/accessible to you through, within, or in conjunction with your use of, the Application.
Any intellectual property rights and license to use relating to Third Party Content are determined by the relevant third-party terms.
ARTICLE 4: ELECTRONIC COMMUNICATION
To exchange information by e-mail with Michelin, you must fill in the e-mail forms available on the Application. Michelin’s responses to e-mails, and the provision of access to the Application and its content may not be deemed to represent or to constitute proof of any advertising, promotional or sales activity in the country where the user is located.
ARTICLE 5: PROTECTION OF PERSONAL DATA
Please refer to our Privacy Policy (https://legal.connectedmobility.michelin.com/quickscan/privacy-policy).
Our Application may contain links to other Internet sites. Michelin does not share your personal data with such Applications except where social network buttons or plug-ins are used. If you follow a link to any of these Applications, you are subject to the said Application’s own privacy practices over which Michelin has no control and for which Michelin cannot accept liability.
ARTICLE 6: LIMITATION OF WARRANTY AND LIABILITY
6.1 General limitation
UNLESS OTHERWISE PROHIBITED BY MANDATORY LOCAL LAWS, THE APPLICATION AND THE CONTENT PUBLISHED AND/OR MADE AVAILABLE IN OR THROUGH THE APPLICATION IS PROVIDED ON AN “AS IS”, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, OF ANY NATURE WHATSOEVER AND MICHELIN EXPRESSELY DISCLAIMS ANY LIABILITY OF ANY NATURE WHATSOEVER REGARDING ANY PART OR ALL THE CONTENTS AND/OR APPLICATION. MICHELIN MAY NOT BE HELD LIABLE INCLUDING BUT NOT LIMITED TO IN THE EVENT OF ANY CONTAMINATION OF YOUR COMPUTING RESOURCES RESULTING FROM THE PROPAGATION OF VIRUSES OR OTHER IT INFECTIONS. IT IS YOUR RESPONSIBILITY TO TAKE ALL APPROPRIATE MEASURES IN ORDER TO PROTECT YOUR COMPUTING RESOURCES.
MICHELIN, ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR PARTNERS MENTIONED ON THE APPLICATION MAY NOT IN ANY EVENT BE HELD LIABLE, UNDER A CONTRACTUAL TORT OR ANY OTHER CLAIM, FOR ANY DAMAGE, WHETHER DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL, OR OF ANY NATURE WHATSOEVER, OR FOR ANY LOSS, IN PARTICULAR OF FINANCIAL OR COMMERCIAL NATURE, RESULTING FROM THE (NON) ACCESS TO AND/OR THE (NON) USE OF THE APPLICATION OR ANY INFORMATION WHATSOEVER OBTAINED IN OR THROUGH THE APPLICATION, INCLUDING BUT NOT LIMITED TO THE THIRD PARTY CONTENT (AS DEFINED IN ARTICLE 3.2 ABOVE).
6.2 Additional limitation regarding Third Party Content and Application
THE APPLICATION MAY CONTAIN SIMPLE OR EMBEDDED LINKS TOWARDS THIRD PARTY CONTENT, WITH THE AUTHORIZATION OF THE LATTER FOR EMBEDDED LINKS. YOU ACKNOWLEDGE THAT MICHELIN IS NOT RESPONSIBLE FOR AND UNDER NO OBLIGATION TO CONTROL, MONITOR OR CORRECT SUCH THIRD PARTY CONTENT; IN ADDITION, MICHELIN BEARS NO LIABILITY WHATSOEVER AS TO THEIR ACCESSIBILITY, RELEVANCE, AVAILABILITY, CONTENT, ADVERTISING, PRODUCTS AND/OR THE SERVICES AVAILABLE ON OR FROM THESE APPLICATIONS. CONSEQUENTLY, MICHELIN SHALL NOT BEAR ANY LIABILITY WHATSOEVER FOR ANY DIRECT OR INDIRECT DAMAGE WHICH MIGHT RESULT FROM YOUR (NON) ACCESS TO OR (NON) USE OF THE THIRD PARTY CONTENT AND/OR FOR FAILURE BY THESE APPLICATIONS TO COMPLY WITH ANY APPLICABLE LAWS AND REGULATIONS.
MICHELIN MAY UPDATE, CHANGE OR MODIFY THE APPLICATION AS A RESULT OF A CHANGE IN, OR UNAVAILABILITY OF SUCH THIRD-PARTY CONTENT OR APPLICATION. MICHELIN MAY ALSO CEASE PROVIDING ACCESS TO THIRD PARTY CONTENT OR APPLICATION WITHOUT ANY LIABILITY TO YOU.
ARTICLE 7: GOVERNING LAW AND JURISDICTION
Any dispute relating to the Application or to this legal notice shall be brought before the Courts of Clermont-Ferrand. The dispute shall be governed and construed in accordance with French law on the merits, independently of conflict of law. Use of the Application implies the user’s express consent to the application of this Article. In the event one of the terms of this legal information should be deemed to be illegal, null and void or inapplicable for any reason whatsoever, it shall be deemed to not be part of this legal notice and shall not affect the validity or application of the other terms.
Legal notice: 2023, September