ARTICLE 1 – PREAMBLE
The “FUELL Rider” application (hereinafter the "Application") is provided by the company FUELL Inc. registered under the EIN number 82-3752841 in the city of New York (NY), whose contact address is 244 Fifth Avenue, Suite A209, New York NY 10001, USA (hereinafter “FUELL”)
The Application provides to any user, and/or owner of an e-bicycle FUELL Flluid, (hereinafter the "User") who creates an account (hereinafter an "Account"), various features presented below, in return for the payment of an annual subscription.
These general conditions of use (hereinafter the "GTCU") determine the conditions of use of the Application by the User and govern the contractual relationship between the user and FUELL in this regard.
The User can find the information required on the website of FUELL at the address https://www.fuell.us/, on the description of the Application in the store accessible via your mobile phone and in these Terms.
FUELL can be contacted, from Monday to Friday, on working days and hours, by e-mail at firstname.lastname@example.org.
ARTICLE 2 – FORMATION OF THE CONTRACT
These GTCU are systematically presented to the user and subject to his validation when creating his Account.
The creation of an Account implies full acceptance of these Terms by the User and forms the contract between the User and FUELL concerning the use of the Application.
By creating his Account, the User declares to be of legal age and to have the legal capacity to commit.
ARTICLE 3 – CREATION OF THE ACCOUNT
To use the Application, the User must create an Account by following the registration procedures. The User is required to enter his surname, first name and e-mail address and to choose a personal password to reserve access to his Account. The User must also enter the serial number of his e-bike FUELL Flluid to pair it with his Account.
FUELL then sends a verification e-mail to the User at the e-mail address provided, so that the User validates it by clicking on a hypertext link. The validation of the e-mail address by this link makes it possible to confirm the creation of the Account and gives the User access to the Application.
The User certifies that the information provided in his Account is complete and in accordance with reality and undertakes to update them in the event of a change.
The User is solely responsible for the confidentiality of his username and password and the robustness of the latter.
Any access to the User's Account using his username and password and any action performed on the Application from his Account will be deemed to be carried out by the User. FUELL is in no way responsible for the consequences of any unauthorized access to the User's Account using his username and password.
ARTICLE 4 – RIGHT OF WITHDRAWAL
In accordance with consumer laws, the User has in principle a right of withdrawal that he can exercise within fourteen (14) days from the validation of the GTCU when creating his Account.
However, by creating an Account, the User expressly requests to immediately benefit from the Application and therefore expressly renounces in his right of withdrawal.
ARTICLE 5 – SERVICES OFFERED BY THE APPLICATION
The Application allows the User to benefit from the following features concerning his e-bike associated with his Account:
The Application may be enriched with new features. In this case, the User will be informed.
ARTICLE 6 – FINANCIAL CONDITIONS
The User undertakes to pay FUELL the amount of the annual subscription in return for the possibility of benefiting from the features of the Application. The amount of the annual subscription is indicated on the website of FUELL, or on the description of the Application or in the application Store where it is offered.
The amount of the annual subscription is payable in advance on the anniversary date of the creation of the User's Account, by debiting the bank account associated with the credit card whose data were entered by the User at the time of downloading the Application. To this end, the User undertakes to keep the data of his credit card up to date to allow this direct debit. If payment cannot be made on the due date, FUELL may immediately suspend the User's Account until payment is regularized.
ARTICLE 7 – DURATION AND TERMINATION
From the creation of his Account, the User is bound under the contract with FUELL for a period of 1 (one) year.
The contract between the User and FUELL is tacitly renewed on each anniversary date of the creation of his Account, for periods of 1 (one) year.
The User may terminate the contract with FUELL at any time by closing his Account. The termination will take effect upon closure of his Account. In this case, FUELL will not refund the amount of the annual subscription paid in advance.
In the event of a breach by a Party of one of its obligations referred to in Articles 3, 5, 6, 8, 9 or 12 of the GTCU, the other Party may terminate the contract automatically and without judicial formality, after formal notice to remedy it remained unsuccessful at the end of a period of fifteen (15) days, sent by registered letter with acknowledgment of receipt.
ARTICLE 8 – COMMITMENTS OF THE USER
The User certifies that the information provided in his Account is accurate, complete, and up to date. The User undertakes to keep this information up to date.
The User undertakes to carry out the updates of the Application that are necessary for its proper functioning. The User releases FUELL from any liability in the event of malfunction of the Application due to the failure to install one or more updates.
The User undertakes to always use the Application in accordance with its purpose, namely for the use of his own bicycle, and in compliance with the laws and regulations in force and these Terms.
ARTICLE 9 – COMMITMENTS OF FUELL
FUELL will endeavor to ensure the best availability of the Application. Access to the Application may nevertheless be suspended or limited at any time for the purposes of maintenance operations. In addition, FUELL has no control over the electronic communication networks, including the Internet, through which the Application is accessible, so it can in no way be held responsible for any difficulty or impossibility of access to the Application from these networks.
In the event of an incident on the Application, reported by a User or noted by FUELL, FUELL undertakes to take it into account without delay and will endeavor to resolve it within a reasonable time. When the incident is reported by a User, FUELL only agrees to consider and resolve it if the User gives FUELL sufficient information to identify and reproduce it. Otherwise, FUELL is not bound by any termination commitment and excludes all liability for non-resolution.
FUELL provides the User with a "help" section accessible on the Application, as well as a contact form available on the website https://www.fuell.us/pages/contact-fuell.
ARTICLE 10 – RESPONSIBILITIES
FUELL can only be held liable in the event of damage caused directly to the User because of a breach of his contractual obligations to provide the functions of the Application, which are obligations of means.
FUELL may not be held liable for any damage suffered by the User because of the use of the Application when such damage has been caused by the fact of the User, the act of a third party, a case of force majeure or any event beyond the reasonable foresight and control of FUELL, including a failure of the Application's hosting infrastructure, electronic communication or electricity supply networks.
ARTICLE 11 – INTELLECTUAL PROPERTY
All elements and contents of the Application, but not limited to texts, logos, images, photos, drawings etc., are and remain the exclusive intellectual property of FUELL and its partners. Any act other than the use of the Application is prohibited under penalty of infringement, FUELL and its partners reserving the correction of errors of the Application.
ARTICLE 12 – PERSONAL DATA
The personal data protection agreement of FUELL can be accessed via the following link:
ARTICLE 13 – MODIFICATION OF THE GTCU
FUELL may modify the GTCU at any time. In this case, any new version of the GTCU is systematically presented to the User and subject to his express validation. The validation of the new version of the GTCU materializes the full acceptance of them by the User.
ARTICLE 14 – MISCELLANEOUS PROVISIONS
In the event that a provision of the GTCU is considered null, invalid or unenforceable, by a law, a regulation or a court decision that has become final, it will be deemed unwritten, and the other provisions will retain all their force and scope.
ARTICLE 15 – SETTLEMENT OF DISPUTES
The GTCU are subject to New York (United States) law.
In case of difficulty relating to the GTCU, the User may address his complaint to FUELL by one of the above means at his disposal.
In the absence of a satisfactory response, the User has the possibility to submit a request for amicable resolution by mediation, within a maximum period of one year from his complaint to FUELL.
Regardless of the means of referral used, the User's request must contain:
The User may also consult the European dispute resolution platform at: http://ec.europa.eu/consumers/odr/