" cosmoconnected.com "
"cosmoconnected.com" - "Cosmo Connected
General conditions of use
As a preliminary, it is specified to the Users and Members that the Services provided by the Editor through the Website, allow them to (i) get acquainted with the characteristics and functionalities of the Product and the associated Application, (ii) make Orders for Products, to see this Order and (iii) to access, modify and/or complete the Personal Data useful for the use of the Application
Article 2. Definitions
All the terms and expressions referred to below shall have the meaning attributed to them below:
- Mobile Application
The term "Mobile Application" means the software application "Cosmo Connected" edited and provided by the Publisher for its use combined with the Product, giving access, in particular, to the assistance service, which is available free of charge in the Apple Store and the Google Play Store to be downloaded by any Member on his cell phone equipped with an Apple iOS Version 10.0 or higher or Android Version 5.0 or higher operating system and having an Internet network connection.
The Application also includes software, programs, tools (programming, navigation, etc.), databases, operating systems, documentation and all other elements and services that make up the Application, as well as updates and new versions that may be made to the Application by the Publisher.
The Application also allows access to certain Personal Data of the Member within the framework of the Cosmo Moto insurance of Allianz Assistance.
- General Terms and Conditions of Use
The term "Order" refers to any order for Product(s) made by the Customer to the Company through the Application, the Website or any other means or person authorised by the Company to market the Product.
The term "Account" refers to the environment accessible on the Website to which a Member has access through the provision of unique identification elements (identifier and password) allowing him/her to (i) place Orders for Products and view such Order and (ii) access, modify and/or complete the Personal Data useful for the use of the Application.
Please refer to the data protection policy regarding the access and use of Personal Data.
- Intellectual Property Rights
The term "Intellectual Property Rights" refers to all intellectual property rights as provided for by the Intellectual Property Code and the Community and international conventions, and in particular copyrights, derivative rights, neighboring rights of performers and phonographic and videographic producers, trademark rights, patents, trade names (including Internet domain names and e-mail addresses); this list is not exhaustive.
- Personal Data
The term "Personal Data" means any information relating to an identified or identifiable natural person. A person is "identifiable" when he or she can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number or one or more elements that are specific to him or her within the meaning of the General Data Protection Regulation (EU) 2016/679 (hereinafter the " RGPD ") and of the French Data Protection Act of January 6, 1978 as amended by Act No. 2018-493 of June 20, 2018 ;
The term "Member" refers to a natural person registered on the Website or the Application by opening an Account.
The term "Product" refers to the removable device, called "Cosmo Moto" or "Cosmo Ride", fixed on an approved helmet and/or on the back of a saddle for the "Cosmo Ride" for the driving of a motorized or non-motorized cycle (i) signalling a deceleration by means of a warning light and (ii) likely to allow, in particular, access to the assistance service, in accordance with the terms and conditions referred to (a) herein, (b) in the general terms and conditions of use of the Application, (c) and in the technical data sheet appearing on the Website and also in the subscriptions to the Cosmo Moto insurance of Allianz Assistance.
The term "Services" refers to the means and functionalities made available to the User or the Member by the Web Site in order to (i) place Orders for Products and to view such Orders and (ii) access, modify and/or complete the Personal Data that are useful for the use of the Application.
- Cosmo Moto Insurance from Allianz Assistance
The expression "Cosmo Moto Insurance" refers to the paid functionality that is not integrated in the Application and that is likely to relay to the emergency services the existence of an anomaly in the journey of the user of the Product.
Article 3. Access to the Website and the Application
3.1 Access to the Website, the Application and their functionalities is reserved for individuals who are legally capable.
Each User must have the skills, equipment and software required to use the Internet and acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions on the Internet.
The Editor endeavors to allow permanent access to the Website, except in case of force majeure or an event beyond the control of the Editor, and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Website and its features.
Consequently, the responsibility of the Editor could not be committed in the event of impossibility of total or partial access to the Website and/or its functionalities and this whatever the duration.
A technical assistance is accessible to the User by contacting the customer service by electronic way at the following e-mail address: firstname.lastname@example.org
Moreover, the Publisher may interrupt the Website or part of its functionalities at any time without notice, without any right to compensation.
The User acknowledges and accepts that the Editor is not responsible for the interruptions, and for the consequences which can result from it for the User or any third party.
3.2 The equipment and material means, in particular the acquisition of the Product, allowing access to the Application or to certain Services, are the exclusive responsibility of the User. The latter shall also bear the telecommunication costs incurred to access and consult the Application.
You are reminded that the Use of certain Services, in particular Allianz Assistance's Cosmo Moto insurance, requires the combined and proper use of the Application and the Product.
Furthermore, the use of all the Services of the Application requires a permanent connection to the telephone network, to the internet network and the activation of the geolocation of the Terminal. Any inaccessibility to one of these networks may restrict the functionalities and Services of the Application, particularly with regard to the Assistance Service.
To access and use the Application, the User must have a compatible mobile terminal and access to the Internet network from this terminal.
The Application is updated regularly to add new features or new Services. The installation of these updates may be imperative in order to continue using the Application or some of its Services.
3.3 The Editor grants the User a right to consult, use and access the information and Services of the Application.
In this respect, the User undertakes in particular to :
- check that the mobile terminal used does not contain any virus and that it is in perfect working order;
- not to use the Application in contradiction with the legislation applicable to the driving of motorized or non-motorized cycles;
- not to use the Application or its Services in a professional or commercial context;
- not to copy all or part of the Application onto another application, or onto any other computer medium;
- not to extract or reuse, including for private purposes, without prior written authorization of the Editor, a substantial part or not of the content of the databases and archives accessible through the Application;
- not to set up any system likely or likely to achieve in whole or in part an infringement, an act of unfair competition or likely to violate these TOS;
- to inform the Editor as soon as he is aware of any infringement and in particular of any illicit or non-contractual use of the Application, whatever the means of distribution used;
- not to undermine the integrity and/or security of the Application or its Services.
3.4 The use of the geolocation feature of the Application requires the prior and express consent of the User to be geolocated.
To do so, the User must activate the GPS geolocation function of his phone directly in the settings of his mobile terminal and accept that the Application may use it. This feature can be deactivated or activated at any time and at no cost. In case of deactivation, some Services of the Application may be inaccessible in whole or in part.
Thanks to the acceptance of the GPS geolocation function of the mobile terminal and the Application, the user can in particular :
- be located in the event of an incident during a journey;
- In case of an incident detected by the Cosmo during his journey, benefit from the automatic and free sending of SMS messages to his emergency contacts (previously registered by the user in the Application) so that they are informed of the time and GPS coordinates of the incident detected anywhere in the world;
- In case of an incident detected by the Cosmo during the trip, benefit from the assistance services included in the Cosmo Moto insurance if the user has subscribed to this service;
- receive informative or commercial messages during the session of use of the Application.
Article 4. License of use of the Application
The Publisher grants the User a personal license to use the Application and the associated Services, revocable, non-transferable, non-assignable, non-exclusive, free of charge.
The User is strictly prohibited from accessing and/or using the source codes of the Application and/or the software components of the Application.
The User does not acquire any Intellectual Property Rights in the Application, the content and/or the Services, nor any other rights other than those conferred herein.
Article 5. Registration on the Website or the Application, closure and content of the Account
For the purpose of registering on the Website or the Application and for the optimal use of the Application, a registration form will be submitted to the User so that he/she may provide the Publisher with various personal information (such as, by way of example: e-mail address, surname, first name, date of birth, telephone number, postal address, etc.), which may be mandatory or optional, depending on the information provided on the form.
On this point as well as on the processing of their Personal Data, the User/Member is invited to read our Data Protection Policy on the Website and on our Application.
By registering on the Website or on the Application and creating an Account, each User guarantees that the data communicated are sincere, exact and in conformity with reality. He/she undertakes to provide a valid e-mail address and telephone number and ensures that he/she is the sole owner of the latter.
The User also agrees not to use a pseudonym or email address that could infringe the rights of third parties (including use of the name, pseudonym, trademark or works protected by intellectual property law).
The Editor reserves the right to refuse any registration that does not comply with the above conditions.
As part of his registration, the User must provide a password with a sufficient level of security in accordance with the recommendations made on the Website or the Application.
Following registration, each Member shall have a personal and confidential login and password which shall not be communicated or shared with third parties.
Each Member is solely responsible for the custody and use of his identification elements by third parties and for actions and/or declarations made through his Account, whether fraudulent or not. He guarantees the Editor against any demand in this respect.
Also, any connection to the Website via an Account and/or the transmission of data/information made using an Account will be deemed to have been made by the Member holding the said Account and under his exclusive responsibility.
In case of loss or misappropriation of his connection identifiers, the Member concerned undertakes to inform the Publisher, without delay and in writing to the following address: email@example.com, of the unauthorized use of his Account and to change his password.
In this respect, the User or the Member waives any recourse against the Editor, in particular on the basis of the possible infringement of his image rights, his honor, the intimacy of his private life, resulting from the diffusion or the disclosure of information concerning him.
Moreover, in the case where a Member would use these elements in a way contrary to their destination, the Editor reserves the right to close his Account without notice nor compensation as indicated below.
For any question or claim whatsoever, related to a content of the Site, you can contact the Editor at the following address: firstname.lastname@example.org
In addition, each Member may close his or her Account, at any time and without reason, by requesting such closure by e-mail to the following address email@example.com
In addition, each Member may request the deletion of his or her Personal Data, at any time and without cause, by requesting such deletion by e-mail to the following address: firstname.lastname@example.org or email@example.com
For more information on your right to have your data deleted, see our Data Protection Policy.
Furthermore, the Publisher may decide, unilaterally and without justification, to temporarily or permanently close the Website and temporarily or permanently deactivate the Application or all or part of its Services.
Article 6. Use of the Website
When using the Web Site, each User or Member undertakes in particular to comply with the following rules
- to comply with the laws in force and to respect the rights of third parties;
- not to disseminate inaccurate or fraudulent information and/or content;
- not to disseminate information and/or content that contravenes the rights of others or that is defamatory, insulting, obscene, offensive, violent or incites to violence, political, racist or xenophobic and, in general, any content that is contrary to the laws and regulations in force and/or to good morals;
- not to disseminate information and/or content that would diminish, disorganize or prevent the normal use of the Website.
Users and Members shall refrain from :
- diverting the Website from its initial intended use;
- accessing or attempting to access the Website by any means other than those made available to them by the Website
- use data mining systems, robots or any other similar method to collect and exploit data;
- monitor, scan or test the vulnerability of the Website, its host or network and/or breach the security or authentication measures implemented by the Publisher
- attempt to interfere with the Website, its host or its network, including, without limitation, uploading computer viruses, overloading, "flooding", "spamming", "mailbombing" or "crashing";
- upload, post and/or transmit in any way whatsoever information and/or documents that they are not entitled to upload, post and/or transmit, whether by virtue of a law, a regulation or contractual commitments, or that constitute an infringement of a patent, trademark, design, database, trade secret, copyright, right to privacy or image and/or any other property right of a third party, or for the purpose of usurping the property and/or identity of a natural or legal person.
In case of breach by a Member of one or more of these rules, the Publisher reserves the right to close the Account(s) of the Member concerned under the conditions of Article 6 hereof, to automatically delete the litigious messages and/or to block his access to all or part of the Services, temporarily or permanently, without notice or compensation.
Article 7. Availability of the Application
The Publisher undertakes to make its best efforts to secure access, consultation and use of the Application Services.
The Application is accessible 24 hours a day, 7 days a week, except in case of force majeure or the occurrence of an event beyond the control of the Publisher, and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Application.
Maintenance interventions may be carried out without prior notice to the Users.
The User declares that he/she accepts the characteristics and limits of the mobile Internet and the operating systems necessary for the execution of the Application, and in particular acknowledges that :
- the use of the Application is at the User's own risk;
- the Application is accessible to him/her "as is" and depending on its availability;
- the Application or its Services require combined access to the telephone network and the Internet for the duration of their use;
- the protection of his own data and/or software is his responsibility and he must take all appropriate measures to protect them from any viruses circulating on the mobile Internet;
- the technical performances of the mobile Internet require a processing time necessary to answer, consult, question or transfer data.
The Editor only has a simple obligation of means towards the User/Member regarding the availability of the Application or its Services.
Article 8. Intellectual property
Unless otherwise stated, the general structure of the Website and the Application, as well as the texts, graphics, images, photos, sounds and videos appearing on it and, more generally, all the contents composing it, as well as the different codes and algorithms supporting it, are the property of the Publisher or its partners.
The attention of the Users and the Members is drawn to the fact that certain contents of the Website can result from a re-use of data and/or elements of third parties by the Editor in accordance with the instructions of re-use prescribed by each of them.
Consequently, any representation and/or reproduction and/or commercial exploitation, partial or total, of the contents, methods and functionalities proposed by the Website, directly or indirectly, by any User and/or Member, by any process whatsoever, without the prior written authorization of the Editor, is strictly forbidden and would be likely to constitute an infringement within the meaning of articles L. 335-2 and following of the Intellectual Property Code and/or an infringement of the rights of the Editor, or even an infringement of the rights of partners and/or third parties, likely to give rise to the right to indemnification for the latter.
The brand "Cosmo Connected" is a registered trademark with the INPI. Consequently, any representation and/or reproduction and/or exploitation, partial or total, of this brand, including the associated graphic charter, of any nature whatsoever, is strictly forbidden.
Furthermore, it is forbidden for any User/Member, regardless of his or her capacity or activity, to set up a systematic referencing mechanism for all or part of the Website's content (videos, news, etc.), in particular by means of deep hypertext links, for the purpose of proposing, on any other site, service and/or application, a referencing of said content to the public, and this, for any purpose, in particular commercial.
Article 9. Personal data
Article 10. Hypertext links
The Website may contain hypertext links, both simple and deep, to other sites on the Internet.
The Editor has no control over the content of third party sites or applications.
Without the Publisher's express prior authorization, it is prohibited to create a hypertext link, either simple or deep, to the Website, at the risk of being held liable.
Article 11. Rules of use of the Internet
The User acknowledges the characteristics and limitations of the Internet, and in particular acknowledges that :
- the Publisher assumes no responsibility for the services accessible via the Internet and exercises no control whatsoever over the nature and characteristics of the data that may pass through its server center;
- data circulating on the Internet are not protected against possible misappropriation. The communication of any information deemed by the User to be of a sensitive or confidential nature is done at his/her own risk;
- the User is solely responsible for the use of the data he consults, queries and transfers on the Internet;
- The User acknowledges that the Publisher has no control over the content of the services accessible on the Internet.
Article 12. Responsibility of the Publisher
The information and/or documents appearing on the Website and the Application and/or accessible through the latter come from sources considered reliable. However, such information and/or documents may contain technical inaccuracies and typographical errors.
The Publisher reserves the right to correct such errors as soon as they are brought to its attention.
It is strongly recommended that the information and/or documents made available to the User or Member be checked for accuracy and relevance.
The information and/or materials on the Website and the Application are subject to change at any time, and may be updated without notice.
In no event shall the Publisher be liable for any damages whatsoever resulting from the interpretation or use of the information and/or documents available on the Website.
However, in view of the general interest attached to the repression of apology for crimes against humanity, provocation to commit acts of terrorism and their apology, incitement to racial hatred, hatred towards persons on account of their sex, sexual orientation or identity or their handicap as well as child pornography, incitement to violence against women, as well as offences against human dignity, in accordance with the provisions of Articles 225-4-1, 225-5, 225-6, 227-23, 227-24 and 425-2-5 of the French Criminal Code, the Publisher undertakes, as soon as it becomes aware of them, to delete any text, photograph, video or any other element of any nature whatsoever, posted on the Website by a member which is violent, pornographic or of a nature which seriously undermines human dignity.
The use of the information and/or documents available on the Web Site and the Application is the sole responsibility of the User or Member, who assumes all consequences that may arise, without the Publisher being liable in this respect.
FURTHERMORE, THE PUBLISHER SHALL NOT BE LIABLE FOR ANY INTERRUPTION OF ACCESS TO THE APPLICATION DUE TO MAINTENANCE, BREAKDOWNS, UPDATES OR TECHNICAL IMPROVEMENTS, OR FOR CHANGES IN ITS CONTENT AND/OR PRESENTATION, PROVIDED THAT SUCH INTERRUPTIONS DO NOT EXCEED NORMAL PRACTICE.
THE PUBLISHER MAY TEMPORARILY OR PERMANENTLY SUSPEND ACCESS TO THE APPLICATION AND ANY RELATED SERVICES, IN PARTICULAR IN THE EVENT THAT THE PUBLISHER CEASES THE ACTIVITY IN QUESTION. THE PUBLISHER SHALL NOT BE HELD RESPONSIBLE FOR THE PRESENCE OF VIRUSES ON THE APPLICATION.
THE PUBLISHER SHALL NOT BE LIABLE FOR ANY CONSEQUENCES THAT MAY ARISE FROM THE ABNORMAL USE OF THE APPLICATION OR ITS SERVICES, NOR FOR ANY USE CONTRARY TO THESE TERMS.
IN ALL CASES REQUIRED BY LAW, ADMINISTRATIVE OR JUDICIAL AUTHORITY (SUCH AS IN CASES OF REQUISITION), THE PUBLISHER SHALL NOT BE LIABLE FOR THE DISCLOSURE OF THE USER'S PERSONAL DATA TO THE RELEVANT AUTHORITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT THE PUBLISHER IS FOUND LIABLE FOR ANY DAMAGES HEREUNDER, THE PUBLISHER'S LIABILITY SHALL BE LIMITED TO DIRECT, CERTAIN, ACTUAL AND ASCERTAINED DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE PUBLISHER OR ITS PARTNERS BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOSS OF DATA OR BUSINESS INTERRUPTION CAUSED BY THE USE OF OR INABILITY TO USE THE APPLICATION OR ANY RELATED SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PUBLISHER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 13. Applicable Law / Disputes
These terms and conditions are governed by French law.
In the event of any dispute, and after all attempts to find an amicable solution have failed, the French courts shall have sole jurisdiction to hear the dispute.
For any question relating to the present, we invite you to contact the customer service at the following address: firstname.lastname@example.org
Article 14. Entry into force