TERMS AND CONDITION OF USE.
1. Purpose
The company PendoraLab (hereinafter, "Cloudfleeter") publishes a task management and journey visualisation platform accessible on a website at www.cloudfleeter.com or in the form of a mobile application and intended to (i) improve and optimise journeys, task management and (ii) the general organisation of the user company as well as the monitoring of the workload in NRT* (hereinafter, the "Platform")
NRT: Near Real Time.
The purpose of these general terms of use is to govern access to and use of the Platform. We invite you to read them carefully. You understand and acknowledge that Cloudfleeter is not a party to any agreement, contract or contractual relationship of any kind whatsoever, concluded between the Members of its Platform. Access to and use of the Platform is carried out through a contract signed between the client organisation and Cloudfleeter.
By clicking on the "Login" or "Register with email" button, you acknowledge that you have read and agree to all of these terms and conditions of use.
2. Definitions
Herein,
"Task" is used indiscriminately to describe work to be carried out within a given time and under certain conditions;
"Incident" means a faulty task or a problem encountered during an intervention on or off the agent's work site;
"Agenda" means a schedule of tasks to be completed and assigned to an agent;
"Platform" means a company or depot of the user organization and whose agents are attached ;
"Team" refers to a group of officers and the description refers to their specialties;
"Cloudfleeter" shall have the meaning set forth in Section 1 above;
"TOU" means these General Terms and Conditions of Use;
"User" means the user who must be created in order to become a Member and access certain services offered by the Platform;
"Agent" refers to the Member (user), on the Platform, performing the tasks entered in his/her calendar;
"Member" means any natural person who has created an Account on the Platform;
"Optimizer" means the computational engine and program that performs the optimization rules for a given path or set of tasks;
"Platform" has the meaning set forth in Section 1, above;
"Services" means all services rendered by Cloudfleeter through the Platform;
"Site" means the website accessible at www.cloudfleeter.com ;
"Workspace" means your application space giving you access to Cloudfleeter features for your organization.
"Administrator" means the Member responsible for the administration and configuration of your application space.
"Subpath" has the meaning set forth in Section 4.1 below;
"Trip" means indiscriminately a Trip via a vehicle to perform a work.
"Car Trip" means the trip that is the subject of a task published on the Platform and for which he agrees to carry out the work that is incumbent upon him;
"Bicycle Trip" means the trip that is the subject of a task published on the Platform and for which he agrees to carry out the work that is his responsibility.
3. Registration to the Platform and Account creation
3.1 Conditions of registration to the Platform
The use of the Platform is reserved for natural persons aged 18 years or over. Any registration on the Platform by a minor is strictly prohibited. By accessing, using or registering on the Platform, you represent and warrant that you are 18 years or older.
3.2 Account creation
The Platform allows Members to post tasks, incidents and view tasks and incidents and to interact with each other.
To create your Account, you can :
(i) fill in all the mandatory fields on the registration form;
(ii) or by the creation of your Account by an administrator of your workspace. You may request deletion of your Account at any time through an administrator of your workspace.
In order to register on the Platform, you must have read and accepted these T&Cs and the Privacy Policy.
When creating your Account, and whatever method you choose to do so, you undertake to provide accurate and truthful information and to update it, via your profile or by notifying your workspace administrator, in order to guarantee its relevance and accuracy throughout your contractual relationship with Cloudfleeter.
If you register by email, you undertake to keep secret the password chosen when creating your Account and not to communicate it to anyone. In the event of loss or disclosure of your password, you undertake to inform Cloudfleeter or your workspace administrator without delay. You are solely responsible for the use made of your Account by a third party, as long as you have not expressly notified Cloudfleeter of the loss, fraudulent use by a third party or disclosure of your password to a third party.
You agree not to create or use, under your own identity or that of a third party, other Accounts than the one initially created.
3.3. Verification
Cloudfleeter may, for the purposes of transparency, improving trust, or preventing or detecting fraud, set up a system for verifying some of the information you provide on your profile. This is particularly the case when you enter your telephone number or provide us with an e-mail address.
You acknowledge and agree that any reference on the Platform or the Services to so-called "verified" information or any similar term, means only that a Member has successfully passed the existing verification procedure on the Platform or the Services in order to provide you with more information about the Member with whom you are considering working. Cloudfleeter does not guarantee the truthfulness, reliability or validity of the information that has been subject to the verification procedure.
4. Use of the Services
4.1. Publication of tasks and incidents
As a Member, and provided that you meet the conditions below, you can create and publish tasks and incidents on the Platform by indicating information about the Journey you intend to make (dates/times and places of departure and arrival, load in time, proposed options, etc.).
When publishing your task or incident, you can indicate a destination (location), an associated Member, an initial status and add attachments. The sections of the Carpooling Trip between these stopover cities or between one of these stopover cities and the starting or ending point of the Trip constitute "Sub-Trips".
You are only allowed to publish a task or incident if you meet all of the following conditions:
(i) you are over 18 years of age;
(ii) you offer tasks and incidents only for vehicles that you are the user or on behalf of your vehicle fleet or that you use with the express permission of the owner, and in any case that you are authorised to use;
(iii) you are and remain the principal driver of the Vehicle or on behalf of your fleet of Vehicles;
(iv) the vehicle has valid third party insurance;
(v) you have no medical contraindications or disabilities to drive;
(vi) the vehicle you intend to use for the Trip is a 4-wheeled passenger car with a maximum seating capacity of 7, a bicycle or a truck, excluding so-called "unlicensed" cars;
(vii) you do not intend to publish another task for the same Journey on the Platform;
(viii) you are using the vehicle for business purposes;
(ix) all available seats have a safety belt, even if the vehicle is approved for seats without safety belts, excluding bicycles;
(x) you are using a vehicle that is in perfect working order and complies with the applicable customs and legal provisions, in particular with an up-to-date technical inspection;
Your task and/or incident will be published on the Platform and therefore visible to Members searching on the Platform. Cloudfleeter reserves the right, at its sole discretion and without prior notice, not to publish or to remove, at any time, any task/incident that does not comply with the GCU or that it considers detrimental to its image, that of the Platform or that of the Services.
You are also informed that in the event that you present yourself as a consumer by using the Platform when you are in fact acting as a professional, you are exposed to the penalties provided for in Article L.132-2 of the Consumer Code.
4.2 Task and incident management
Cloudfleeter has set up a system for scheduling and organising tasks and incidents for the Journeys offered on the Platform.
The way in which Tasks and Incidents are managed depends on the nature of the Journey envisaged.
4.2.1. Travelling by car
When an Administrator validates a Schedule and/or a Trip, the Associate Member may perform his work on the basis of the date selected by the Administrator. The vehicle is specified as a means of transportation between the locations of the interventions and must only be used for professional purposes. The Member shall validate his work through the Sub-trips to fully validate his Trip.
4.2.2. Journey by truck
For Truck journeys, Cloudfleeter proposes to optimise the impact of the vehicle type on the optimisation and calculation of the shortest or fastest journey.
4.2.3. Journey by bicycle
All use of the Services, whether as a Member or as an Administrator, is by name. The Driver must correspond to the identity communicated to Cloudfleeter and to other Members where applicable.
The use of the Bicycle is used for business travel on the same account as the organization to which the Member belongs.
4.3. Notification system
4.3.1. Operation
Cloudfleeter offers end customers the possibility of leaving an opinion on an Agent or a Member for whom they are the subject of a route for intervention.
Your opinion, as well as the one left by another Member about you, if any, are only visible and published on the Platform internally and on your workspace. They are not published to your end customers.
4.3.2. Moderation
You acknowledge and agree that Cloudfleeter reserves the right not to publish or delete any notice, question, comment or reply whose content it deems to be contrary to these TOS.
5. Financial conditions
Access and registration to the Platform, as well as the search, consultation and publication of Tasks and Incidents are subject to a user contract between the Agent and/or Member organisation.
6. Commercial and professional purpose of the use by Agents of the Services and the Platform
You agree to use the Services and the Platform only to be put in contact, on a professional and commercial basis, with customers who have requested an intervention and are the subject of a Task or an Incident.
As an Agent, you undertake not to request a Contribution to Expenses that is higher than the costs you actually incur and that could generate a profit for you, it being specified that, since this is a professional activity, you must also, as an Agent, pass on the costs relating to the Journey to your organisation.
Cloudfleeter also reserves the right to suspend your Account, limit your access to the Services or terminate these GCU in the event of activity on your part on the Platform, which would be the subject of transport of Passengers of which your organisation would not be aware and which would be contrary to your professional activity and/or would lead to a profit situation for you or for any reason whatsoever making Cloudfleeter suspect that you are generating a profit on the Platform.
7. Behaviour of Platform users and Members
7.1. Commitment of the users of the Platform
You acknowledge that you are solely responsible for compliance with all laws, regulations and obligations applicable to your use of the Platform.
In addition, by using the Platform and during the Journeys, you agree to:
(i) not to use the Platform for personal, commercial or profit-making purposes on behalf of another organisation;
(ii) not to transmit to Cloudfleeter (in particular when creating or updating your Account) or to other Members or Administrators any false, misleading, deceptive or fraudulent information;
(iii) not to make any comments, behave in any way or publish on the Platform any content that is defamatory, abusive, obscene, pornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist, xenophobic or sexually oriented, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances or, more generally, contrary to the purposes of the Platform, likely to infringe the rights of Cloudfleeter or a third party or contrary to accepted standards of behaviour;
(iv) not to infringe Cloudfleeter's rights and image, particularly its intellectual property rights;
(v) not to open more than one Account on the Platform and not to open an Account on behalf of a third party;
(vi) not to contact any other Member or End User, including through the Platform, for any purpose other than to define the terms and conditions of the work;
(vii) not accept or make any payment outside the Platform;
(viii) comply with these TOU and the Privacy Policy.
7.2. Undertakings of the Agents
In addition, when using the Platform as an Agent, you agree to:
(i) comply with all laws, rules and codes applicable to the driving and the vehicle, including having valid third party insurance at the time of the Trip and being in possession of a valid driver's license;
(ii) ensure that your vehicle is not used for carpooling;
(iii) not to take any risks while driving, not to take any substance that may impair your attention and ability, and to drive alertly and safely;
(iv) publish Tasks and Incidents corresponding only to journeys actually envisaged;
(v) complete the Route as described in the Task/Incident (including whether or not to use the motorway) and respect the times and places agreed with the other Members/End Users (including meeting place and intervention);
(vi) not to take Passengers;
(vii) to use a vehicle in perfect working order and in conformity with the applicable customs and legal provisions, in particular with an up-to-date technical inspection;
(viii) provide Cloudfleeter or your Organisation that requests it with your driving licence, vehicle registration document, insurance certificate, roadworthiness certificate and any document attesting to your ability to use this vehicle as an Agent on the Platform;
(ix) in the event of an impediment or change in the schedule or the Route, inform your Administrator without delay;
(x) in the event of a cross-border journey, to have and keep available for any authority requesting it any document proving your identity and your right to cross the border;
(xi) arrive at the agreed meeting place at least 15 minutes after the agreed time;
(xii) not post any Task relating to a vehicle that you do not own or have the right to use for business purposes;
(xiii) ensure that you are reachable by telephone by your Administrator and other Team Members at the number registered on your profile;
(xiv) not generate any profit through the Platform;
(xv) guarantee that he/she has no medical contraindication or incapacity to drive ;
(xvi) behave appropriately and responsibly during the Trip and in accordance with the Highway Code.
8. Account Suspension, Access Limitation and Termination
You may terminate your contractual relationship with Cloudfleeter at any time, free of charge and without giving any reason. To do this, simply go to the "Account closure" tab on your Profile page and/or contact your workspace administrator.
In the event of (i) a breach by you of these GCU, in particular your obligations as a Member mentioned in Articles 6 and 8 above, or if (ii) Cloudfleeter has serious reasons to believe that this is necessary to protect its security and integrity, those of its Users or third parties, or for the purposes of fraud prevention or investigation, Cloudfleeter reserves the right to:
(i) terminate, immediately and without notice, this TOS; and/or
(ii) prevent the publication of or remove any notices, Tasks, Incidents, messages, content, or any other content posted by you on the Platform; and/or
(iii) limit your access to and use of the Platform; and/or
(iv) temporarily or permanently suspend your Account.
Where necessary, you will be notified of the implementation of such a measure so that you can give Cloudfleeter an explanation. Cloudfleeter will decide, at its sole discretion, whether or not to lift the measures put in place.
9. Personal data
In the context of your use of the Platform, Cloudfleeter is required to collect and process some of your personal data. By using the Platform and registering as an Agent, you acknowledge and agree to the processing of your personal data by Cloudfleeter in accordance with the applicable law and the provisions of the Privacy Policy.
10. Intellectual Property
10.1. Content published by Cloudfleeter
Subject to the content provided by its Members, Cloudfleeter is the sole owner of all intellectual property rights relating to the Service, the Platform, its content (in particular texts, images, drawings, logos, videos, sounds, data, graphics) as well as the software and databases ensuring their operation.
Cloudfleeter grants you a non-exclusive, personal and non-transferable licence to use the Platform and Services, for your personal and private use, on a commercial basis and in accordance with the purposes of the Platform and Services.
You shall refrain from any other use or exploitation of the Platform and Services, and their content without the prior written authorisation of Cloudfleeter. In particular, you shall refrain from:
(i) reproduce, modify, adapt, distribute, publicly represent or disseminate the Platform, the Services and their content, except as expressly authorised by Cloudfleeter;
(ii) decompile or reverse engineer the Platform or the Services, subject to the exceptions provided for by the applicable laws;
(iii) extract or attempt to extract (including by using data mining robots or any other similar data collection tool) a substantial portion of the data from the Platform.
10.2. Content published by you on the Platform
In order to enable the provision of the Services and in accordance with the purpose of the Platform, you grant Cloudfleeter a non-exclusive licence to use the content and data that you provide in the context of your use of the Services (hereinafter, your "Member Content"). In order to enable Cloudfleeter to distribute the content of the Platform via the digital network and using any communication protocol (in particular the Internet and mobile network), and to make it available to other Members of your organisation and users of your shared workspace, you authorise Cloudfleeter, for the whole world and for the entire duration of your contractual relationship with Cloudfleeter, to reproduce, represent, adapt and translate your Member Content in the following manner:
(i) you authorise Cloudfleeter to reproduce all or part of your Member Content on any digital recording medium, known or unknown to date, and in particular on any server, hard disk, memory card or any other equivalent medium, in any format and by any process known or unknown to date, to the extent necessary for any storage, backup, transmission or downloading operation related to the operation of the Platform and the provision of the Service;
(ii) you authorise Cloudfleeter to adapt and translate your Member Content, as well as to reproduce these adaptations on any current or future digital medium, as stipulated in (i) above, for the purpose of providing the Services, in particular in different languages. This right includes, in particular, the ability to carry out, in compliance with your moral rights, modifications to the formatting of your Member Content for the purpose of complying with the Platform's graphic charter and/or making it technically compatible with a view to its publication via the Platform.
11. Role of Cloudfleeter
The Platform is an online platform for managing Tasks and Incidents on which Members can create and publish Tasks and Incidents for Journeys for interventions. These Tasks and Incidents can be consulted by other Members to find out about the terms and conditions of the Journey and, where applicable, the interventions with the end Client who has requested an intervention via the Platform or via third-party software connected to the Platform.
By using the Platform and accepting these GCU, you acknowledge that Cloudfleeter is not a party to any agreement between you and other Members with a view to sharing the costs of a Journey.
Cloudfleeter has no control over the behaviour of its Members, Organisations and their employees, and users of the Platform. It does not own, operate, supply or manage vehicles or offer any Journey on the Platform.
You acknowledge and agree that Cloudfleeter does not control the validity, veracity or legality of the Tasks, Incidents and Journeys proposed. In its capacity as a task management intermediary, Cloudfleeter does not provide any transport service and does not act as a transporter, Cloudfleeter's role being limited to facilitating access to the Platform.
Within the framework of a Carpooling Trip, the Members (Drivers or Passengers) act under their sole and entire responsibility, in particular in accordance with the provisions of the civil code relating to the law of obligations and contractual civil liability (article 1101 and following of the Civil Code).
In its capacity as intermediary, Cloudfleeter shall not be held liable for the actual progress of a Journey, and in particular because :
(i) erroneous information provided by the Member or the Organization, in its Task or Incident, or by any other means, as to the Route and its terms and conditions;
(ii) the cancellation or modification of a Journey by a Member or an Organisation;
(iii) the behaviour of its Members during, before or after the Journey.
12. Operation, availability and functionality of the Platform
Cloudfleeter shall endeavour, as far as possible, to keep the Platform accessible 7 days a week and 24 hours a day. Nevertheless, access to the Platform may be temporarily suspended, without prior notice, due to technical maintenance operations, migration, updates or due to breakdowns or constraints related to the operation of networks.
In addition, Cloudfleeter reserves the right to modify or interrupt, at its sole discretion, temporarily or permanently, all or part of the access to the Platform or its features.
13. Modification of the TOS
These GCU express the entire agreement between you and Cloudfleeter relating to your use of the Services. Any other document, particularly any mention on the Platform (FAQ, Blog, etc.), is for information purposes only.
Cloudfleeter may have to modify these General Terms of Use in order to adapt to its technological and commercial environment and to comply with the regulations in force. Any modification of these GTUs will be published on the Platform with a mention of the date of the update and will be notified to you by Cloudfleeter before it comes into force.
14. Applicable law - Dispute
The present GTU are written in French and subject to French law.
You may also submit any complaints about our Platform or Services on the European Commission's online dispute resolution platform, which can be accessed here. The European Commission will forward your complaint to the relevant national mediators. In accordance with the rules applicable to mediation, you are required, prior to any request for mediation, to have notified Cloudfleeter in writing of any dispute in order to obtain an amicable solution.
In accordance with the articles of the code of consumption L.611-1 and following, it is envisaged that for any dispute of contractual nature not having been able to be solved within the framework of a complaint introduced beforehand with our customer service, you can, in your capacity of consumer, resort free of charge to the mediation by contacting the National Association of the Mediators (ANM) either by mail by writing to the 62, rue Tiquetonne 75002 PARIS or by e-mail by filling the form of seizure on line at the following address: www.anm-conso.com
The following website www.economie.gouv.fr/mediation-conso also contains all the information you need in the event of a cross-border dispute.
15. Legal notice
The Platform is published by PendoraLab, a self-employed company with no start-up capital, registered with the Strasbourg Trade and Companies Register under number 533 343 315 00032, whose registered office is located at 7 Rue des Rossignols - 67540 Ostwald (France) (email: support@cloudfleeter.com).
The Site is hosted on PendoraLab, DigitalOcean and AWS servers.
If you have any questions, you can contact PendoraLab using this contact form.