CONDICIONES GENERALES DE USO

« cosmoconnected.com »

Legal notices and general terms of use of the Website and the Mobile Application

« cosmoconnected.com » - « Cosmo Connected »

Legal Notices

This Website is edited and published by Cosmo Connected, a simplified joint-stock company with share capital in the amount of €5,308.00, headquartered at 6, rue Saint Dominique in Paris (75007), France and registered under the unique registration number 812 925 287 in the Register of Trade and Companies of Paris (hereinafter referred to as (“Publisher” or “Company”), represented by Mister Romain Afflelou, ex-officio Chairman and Publication Director.

The Company’s Intra-Community VAT number is FR30812925287.

The Company - as a Publisher - can be contacted by e-mail at the following address: info@cosmoconnected.com or by telephone on +33 (0) 1 83 81 26 74 (for the price of a local call in France).

The Website is hosted on GOOGLE company's platforms, managed by NEXYLAN, company reachable by telephone on +33 (0) 66 72 15 72.

The website of the host is: https://www.nexylan.com

 

General Terms of Use (GTU)

 

As an introductory remark, Users and Members are informed that the Services provided by the Publisher through the Website enable them to (i) become aware of the functionalities of the Product and the associated Application, (ii) make Product Orders, track the progress of such Orders and (iii) access, amend and/or add to Personal Data which is necessary to use the Application.

 

ARTICLE 1. PURPOSE OF THE GENERAL TERMS OF USE

The purpose of these General Terms of Use (GTU) is to establish the terms and basis on which  Cosmo Connected (hereinafter referred to as “Publisher” or “Company”), shall provide Users of the Website that can be accessed at the URL (http://cosmoconnected.com) (hereinafter “Website”) and the Users of the Mobile Application (hereinafter “Application”) with the Services and information that can be accessed from them, and the rules for the use of the Website and the Application.

All consultation, use or transmission from the Website and / or the Application is worth general acceptance by the User of the Terms of Use defined below.. If you do not wish to agree to these GTU, we request that you do not access the Website or the Application.

The Publisher reserves the right to amend these GTU, at any time and without notice, in order to adapt them to changes in the Website and the Application and/or its use.

The GTU are valid for an indefinite period.

 

ARTICLE 2. DEFINITIONS

All of the terms and expressions below shall have the meanings assigned to them hereafter:

Account

The term “Account” refers to the environment accessible from the Website or the Application which a Member can access by providing unique identifying information (username and password) which makes it possible to (i) place Orders for Products and track the status of such Orders and (ii) access, amend and/or add the Personal Data which is necessary to use the Website or the Application.

General Terms of Use

The expression “General Terms of Use” refers to these general terms of use of the Website and the Mobile Application which are applicable to Users and Members of them.

Intellectual Property Rights

The term “Intellectual Property Rights” refers to all intellectual property rights as referred to in European and International agreements such as the World Intellectual Property Organization (“WIPO”), including copyrights, derivative rights, related rights of artists, performers and record and video producers, trademarks, patents, trade names (including Internet domain names and email addresses); this list is not exhaustive.

Member

The term “Member” refers to a User who is an individual and who has registered on the Website or the application by opening an Account.

Mobile Application 

The term “Mobile Application” refers to a program called “Cosmo Connected” which was developed and has been published and supplied by the Publisher to be used in conjunction with the Product, giving access, in particular, to the helpdesk, which is available free of charge on the “Apple Store” and the “Google Play Store” in order to be downloaded by every Member on his mobile phone running on Apple iOS Version 10.0 or later operating system or Android Version 5.0 or higher and an Internet connection.The Application also provides access to certain  Personal Data of the Member for the purposes of theAssistance Service.

Personal Data

The term “Personal Data” shall mean any information relating to an identified or identifiable natural person.

An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number or to one or more factors specific of that natural person as defined by the Regulation on the protection of natural persons with regard to the processing of personal data (EU) 2016/679 (“GDPR”) and the UK Data protection Act 2018 incorporating the European Regulation into law in the UK.

Product

The term “Product” refers to the detachable device, known as “Cosmo Moto”, which is attached to an approved helmet for the purpose of driving a motorcycle (i) to signal deceleration by means of a warning light and (ii) to provide access to the Assistance Service, among other things, subject to various terms and conditions.

 

The term “Product” refers to the detachable device, known as “Cosmo Moto” or “Cosmo Bike”, which is attached to an approved helmet and/or at the rear part of the saddle for the purpose of driving a motorized or not cycle (i) to signal deceleration by means of a warning light and (ii) to provide, among other things, access to the Assistance Service, in accordance with the terms and conditions set out (a) herein, (b) in the general terms of use of the Application, (c) and in the technical specifications which appear on the Website and also in subscriptions to the “Emergency Assistance Alert”.

Publisher

The term “Publisher” is defined in article 1 of the General Terms of Use. 

Services

The term “Services” refers to the means and functionalities made available to the User or Member through the Website in order to (i) place Orders for Products and track the status of such Orders and (ii) access, amend and/or add to Personal Data which is necessary to use the Application.

Emergency Assistance Alert

The expression “Emergency Assistance Alert” refers to the paid-for functionality which is not basically incorporated into the Application and which can alert the emergency services of an anomaly in the journey of a User while they are using the Product.

User

The term “Users” refers to an individual who browses the Website and has agreed to the General Terms of Use but who does not benefit from the Services that can only be accessed by Members.

 

 

ARTICLE 3. ACCESS TO AND USE OF THE WEBSITE AND THE MOBILE APPLICATION.

3.1 Access to the Website, to the Application and its functionalities is reserved for individuals who have legal capacity.

Each User shall also have the skills, equipment and software required to use the Internet and acknowledges that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet.

The Publisher shall endeavor to provide constant access to the Website, except in the event of force majeure or an event beyond the Publisher’s control, and subject to any breakdowns and maintenance operations which are necessary for the proper operation of the Website and its functionalities.

Consequently, the Publisher cannot be held liable if it becomes fully or partly impossible to access the Website and/or its functionalities for any length of time whatsoever.

Technical support can be accessed by the User by contacting Customer Service by email at the following email address: clients@cosmoconnected.com.

In addition, the Publisher may stop the Website or some of the functionalities of the Website at any time and without notice, with no entitlement to compensation.

The User acknowledges and agrees that the Publisher shall not be liable for stoppages, and consequences which may arise out of them for the User or any third party.

 

3.2 The User shall have sole responsibility for the equipment and physical resources providing access to the Application or certain Services. The User shall also pay the telecommunications charges incurred in order to access and consult the Application.

To use certain Services, including the Emergency Assistance Alert, it is necessary to use the Application and the Product in conjunction with each other and in a compliant manner.

In addition, a permanent connection to the telephone network and the Internet are required to use all of the Services of the Application. Any inaccessibility of either of these networks may restrict the functionalities and the Services of the Application, including in relation to the Assistance Service.

To access and use the Application, the User must possess a compatible mobile terminal and access to the Internet from this terminal.

The Application is updated regularly in order to add new functionalities or new Services. It may be essential to install these updates to continue using the Application or some of these Services.

 

3.3 The Publisher grants the User a right to consult, use and access the information and Services of the Application.

In this regard, the User undertakes in particular:

to check that the mobile terminal that is used does not contain any viruses and is in perfect working order;

not to use the Application in a way which is contrary to the legislation applicable to the driving of cycles motorized or not; 

not to use the Application or its Services for professional or trading purposes;

not to copy all or part of the Application into another application, or onto any other computer medium;

not to extract or reuse, including for private purposes, without the Publisher’s prior written authorization, a substantial or nonsubstantial part of the contents of the databases and archives that can be accessed through the Application;

not to implement a system which can or may commit, in whole or in part, an infringement, an act of unfair competition or an act which may breach these GTU;

to inform the Publisher of any infringements whatsoever, and in particular of any unlawful or noncontractual use of the Application, regardless of the method of distribution used, as soon as (s)he becomes aware of it;

not to harm the integrity and/or security of the Application or its Services.

3.3 To use the geolocation functionality of the Application, the User must give his/her explicit prior consent to be geolocated.

To that end, the User must activate, if (s)he so wishes, the geolocation function directly in the settings of his/her mobile terminal and agree that the Application can make use of it. This functionality can be deactivated or activated at any time, free of charge. If it is deactivated, certain Services of the Application may be wholly or partly inaccessible.

By accepting the GPS geolocation function of the mobile terminal and the Application, the User can, among other things:

-   be located in the event of an incident during a road journey;

-   In case of an incident detected by the Cosmo during its journey, benefit from the automatic and free sending of SMS to its emergency contacts (previously registered by the user in the Application) so that they are informed of the time and GPS coordinates of the detected incident;

-   In case of an incident detected by the Cosmo during its journey, benefit from Assistance Service if the User has subscribed to this service;

-   benefit of the "GPS" assisted navigation system;

-   receive informative or commercial messages during a session of use of the Application.

 

 

ARTICLE 4. LICENCE FOR USE OF THE APPLICATION

The Publisher grants the User a license for personal use of the Application and the associated Services which is revocable, non-transferable, non-assignable and non-exclusive, free of charge.

The User is strictly forbidden to access and/or use the source codes of the Application and/or the software components of the Application.

The User shall not acquire any Intellectual Property Rights to the Application, the content and/or the Services or any rights other than those conferred by these General Terms of Use.

 

ARTICLE 5. Registration on the Website or Application, closing and content of the Account

For registration purposes on the Website or the Application and for optimal use of the Application, a registration form will be submitted to the User so that (s)he can communicate to the Publisher various pieces of Personal Data (such as, for indicative purposes: email address, surname, first name, date of birth, telephone number, postal address, etc.), which will be mandatory or optional as stated on the form.

With regard to this point and also with regard to the processing of this Personal Data, the User/Member is invited to take note of the stipulations of our Privacy Policy which appears on our Website and on our Application.

By  registering on the Website or the Application, each User guarantees that the data communicated is truthful, accurate and correct. (S)He undertakes to provide a valid email address and telephone number and shall make sure that (s)he is the sole owner of them.

The User also undertakes not to use an alias or email address which could infringe the rights of third parties (including use of a surname, alias, trademark filed by a third party, or works which are protected by intellectual property law).

The Publisher reserves the right to reject any registration which does not satisfy the aforementioned requirements.

When registering, the User must enter a password with an adequate security level in accordance with the recommendations made on the Website or the Application.

After registering, each Member shall have a personal and confidential username and password which must not be communicated or shared with third parties.

Each Member shall be solely responsible for the keeping and use of his/her identifying information by third parties and for actions and/or statements undertaken/made through his/her Account, whether or not they are fraudulent. (S)he shall hold the Publisher harmless from any claims in this regard.

In addition, any connection to the Website via an Account and/or communication of data/information performed while using an Account shall be deemed to have been performed by the Member who owns the Account and at his/her sole liability.

If his/her connection details are lost or stolen, the Member concerned undertakes to inform the Publisher, immediately and in writing to the following email address: clients@cosmoconnected.com, of the unauthorized use of his/her Account and to change his/her password.

In this regard, the User or the Member waives the right to bring any claims against the Publisher, including on the basis of any infringement of his/her right to his/her image, honor or privacy resulting from dissemination or disclosure of information concerning him/her.

In addition, if a Member uses these items in a manner which is contrary to their purpose, the Publisher reserves the right to close his/her Account without notice or compensation as stipulated below.

For any question or complaint whatsoever related to any content on the Website, you may contact the Publisher at the following email address: clients@cosmoconnected.com

In addition, each Member can close his/her Account, at any time and without giving reasons, by making a request for closure by email to the following address: clients@cosmoconnected.com.

If a Member breaches the General Terms of Use, the Publisher reserves the right to suspend or close his/her Account without notice or compensation and shall inform the Member of this by email.

In addition, the Publisher can decide, unilaterally and without giving justification, to temporarily or permanently deactivate the Website or all or part of its Services.

 

 

ARTICLE 5. USE OF THE WEBSITE

Once registered, each Member shall have access to the Services of the Website provided that (s)he complies with the General Terms of Use.

For the purposes hereof, all Members shall refrain from acting for personal, commercial or collective purposes, in order to harm the reputation and/or interests of the Publisher, by means of any kind of intrusion and/or fraudulent use whatsoever.

While using the Website, each User or Member undertakes to obey the following rules in particular:

comply with current laws and respect the rights of third parties;

do not disseminate inaccurate or fraudulent information and/or content;

do not disseminate information and/or content which is contrary to other people’s rights or is defamatory, insulting, obscene, offensive, violent or encouraging of violence, political, racist or xenophobic and, in general, any content which is contrary to current laws and regulations and/or common decency;

do not disseminate information and/or content which reduces, disorganizes or prevents normal use of the Website.

 

Users and Members shall refrain from:

using the Website for any purpose other than the one for which it was originally intended;

accessing or attempting to access the Website by any means other than those at their disposal through the Website;

using data mining systems, robots or any other similar method to collect and make use of data;

checking, scanning or testing the vulnerability of the Website, its host or its network and/or breaching the security or authentication measures implemented by the Publisher;

attempting to interfere with the Website, its host or its network, by methods including downloading computer viruses, overloading, flooding, spamming, mailbombing or crashing;

downloading, posting online and/or transmitting in any way whatsoever  information and/or documents which they do not have the right to download, post online and/or transmit, according to a law, regulation or contractual obligations, or which constitutes an infringement of a patent, trademark, drawing and model, database, manufacturing secret, copyright, right to privacy or a person’s image and/or any other right of ownership belonging to a third party, or in order to usurp ownership and/or the identity of an individual or legal entity.

If a Member breaches one or more of these rules, the Publisher reserves the right to close the Account(s) of the Member concerned as stipulated in article 6 herein, automatically delete the disputed messages and/or block his/her 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 every effort to make access, consultation and use of the Services of the Application secure.

The Application is accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the Publisher’s control, and subject to any breakdowns and maintenance interventions that are necessary for the Application to run smoothly.

Maintenance interventions may be carried out without Users being given prior notice.

The User declares that (s)he accepts the characteristics and limitations of mobile Internet and the operating systems that are necessary to run the Application, and in particular acknowledges that:

(s)he shall use the Application at his/her own risk and peril;

the Application shall be accessible to him/her “as is” and according to availability;

the Application or its Services require combined access to the telephone network and the Internet for as long as they are used;

(s)he is responsible for protecting his/her own data and/or software and must take all appropriate steps to protect them from any viruses circulating on mobile Internet;

the technical performance levels of mobile Internet require a period of processing time which is necessary to respond, consult, interrogate or transfer data.

The Publisher only assumes a simple best-efforts obligation towards the User/Member with regard to the availability of the Application or its Services.

 

 

ARTICLE 8. INTELLECTUAL PROPERTY   

Except where stated otherwise, the general structure of the Website and the Application, and the text, graphics, images, photos, sounds and videos appearing on it, and more generally all content of which they are made up and the various support codes and algorithms, are the property of the Publisher or its partners.

The attention of Users and Members is drawn to the fact that some content of the Website may result from reuse of third-party data and/or material by the Publisher in accordance with the reuse instructions laid down by each of them.

Consequently, any representation and/or reproduction and/or commercial use of some or all of the content, methods and functionalities offered through the Website, directly or indirectly, by any User and/or Member, through any process whatsoever, without the Publisher’s prior written authorization is strictly forbidden and may constitute a counterfeit or an intellectual property rights infringement within the meaning of International and European agreements and/or an infringement of the Publisher’s rights, or even an infringement of the rights of partners and/or third parties, which may entitle the latter to compensation among other things.

The “Cosmo Connected” trademark has been registered at the French National Institute of Industrial Property (“INPI”). Consequently, any representation and/or reproduction and/or use of part or all of this trademark, including the associated visual identity, of any kind whatsoever, is strictly prohibited.

In addition, all Users/Members, regardless of their capacity or activity, are forbidden to implement a mechanism which systematically references all or part of the contents of the Website (videos, news, etc.), including by means of deep hypertext links, for the purposes of offering, on any other website, service and/or application, referencing of the aforementioned content intended for the public for any purposes, including commercial purposes.

 

 

ARTICLE 9. PERSONAL DATA   

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, provides more detailed information about the collection and use of information on the Cosmo Connected Website and Application, as well as about the use of cookies.

If you would like to know more about how the Publisher manages information about you and about the use of cookies, please read our Privacy Policy available on our Website and our Application.

 

Article 10. - HYPTERTEXT LINKS

The Website can contain both simple and deep hypertext links to other sites on the Internet.

The Publisher cannot be held liable for the content of third-party sites to which a hypertext link relates.

Without the Publisher’s explicit prior authorization, it is forbidden to create a simple or deep hypertext link to the Website, failing which liability may be incurred.

 

ARTICLE 11. RULES ON INTERNET USE

The User declares that (s)he accepts the characteristics and limitations of the Internet, and acknowledges in particular that:

the Publisher assumes no responsibility for services which can be accessed through the Internet and has no control whatsoever over the nature and characteristics of data which may pass through its server center;

data which circulates on the Internet is not protected from potential misuse, among other things. Any information which the User regards as sensitive or confidential shall be communicated at his/her risk and peril;

data which circulates on the Internet can be regulated in terms of use or protected by a property right, such as an intellectual property rights as defined by European and International Agreements such as the Berne Convention for the Protection of Literary and Artistic Works as amended;

the User shall be solely responsible for the use of data which (s)he consults, interrogates and transfers on the Internet;

the User acknowledges that the Publisher has no means of controlling the content of services which are accessible on the Internet.

 

 

ARTICLE 12. PUBLISHER’S RESPONSIBILITY

The information and/or documents that appear(s) on the Website and/or can be accessed through the Website and the Application come(s) from sources which are considered to be reliable. However, this/these information and/or documents may contain technical inaccuracies and typographical errors.

The Publisher reserves the right to correct them, when such errors are brought to its knowledge.

Checking the accuracy and relevance of information and/or documents made available to the User or Member is highly recommended.

Information and/or documents on the Website may be altered at any time and may have been updated without notice.

Under no circumstances can the Publisher be held liable for any damage whatsoever resulting from the interpretation or use of information and/or documents available on the Website.

However, in view of the general interest attached to suppressing the justification of crimes against humanity, provocation to commit acts of terrorism and justification of them, incitement of racial hatred, hatred of persons because of their sex, their sexual orientation or identity or their disability and child pornography, incitement of violence against women, and affronts to human dignity, the Publisher undertakes, as soon as it becomes aware of them, to remove any text, photograph, video or material of any other nature whatsoever which is posted online on the Website by a member and is violent or pornographic in nature or may constitute a serious affront to human dignity.  

The information and/or documents available on the Website shall be used at the entire and sole liability of the User or Member, who takes responsibility for all consequences that may result from such use, and the Publisher cannot be held liable for it.

In accordance with the General Terms of Use, the Publisher cannot be held liable for the non-performance or imperfect performance of the services of any partners that it may have; such services shall be provided by independent professionals.

In addition, the Publisher cannot be held liable for an interruption of access to the application which is due to maintenance operations, a breakdown, updates or technical improvements, or for developing its content and/or presentation, provided that they do not go beyond common practice in the field.

The Publisher can temporarily or permanently interrupt access to the application and any related service, including in the event that it stops pursuing the activity concerned. The publisher cannot be held liable for the presence of viruses in the application.

Under no circumstances can the Publisher be held liable for any consequences that may result from abnormal use of the Application or its services or use which is contrary to these General Terms of Use.

In all situations where required by law or the administrative or judicial authority (such as cases of requisition), the Publisher cannot be held liable if it communicates the user’s Personal Data to the authority concerned.

To the extent permitted by the applicable law, and where the publisher is deemed liable for damage in accordance with these general terms of use, the publisher’s liability will be limited to direct, certain, actual and established damage.

To the fullest extent permitted by law, the Publisher and its partners cannot, under any circumstances, be held liable for indirect damage, loss of profit or damage resulting from loss of data or operating losses caused by the use of, or impossibility of using, the application or a related service, either on the basis of a guarantee, contract or tort or in accordance with any other legal doctrine, whether or not the publisher is notified of the possibility of such damage.

 

ARTICLE 13. APPLICABLE LAW / DISPUTES

Unless otherwise required by applicable law, these provisions and any matters relating to them, including all disputes, will be governed by the laws of France.

In case of any dispute, and after the failure of any attempt to find an amicable solution, the French courts will be competent to hear this dispute.

In addition, if any clause of the General Terms of Use becomes void, unenforceable, invalid, unlawful or inapplicable, this cannot affect the validity of these GTU and shall not exempt users/members from enforcing them. The provisions that are declared void or non-enforceable will be replaced with provisions of the same nature or with the same basis. 

If you have any questions regarding this GTU, we invite you to contact our customer service at the following email address: clients@cosmoconnected.com.

 

Article 14. ENTRY INTO FORCE

The General Terms of Use enter into force the 17th of Juanary 2019