These General Conditions of Use (GCU) apply to any use of the application – shAre – (the App), a Peer to Peer mobile application allowing you to dialogue with your contacts for the presentation, selection, reservation, the loan, rental and acquisition of goods and services made available by your relatives, family and friends, themselves users of Apple iOS products – iPhone and iPad (the Services). The App is published by SHARE-Telematics SA (SHARE-Telematics, Us), whose head office is located in Geneva, Switzerland.
By downloading the App and using the Services available therein, you agree to be bound by these Terms. Any use of the App by you or by an employee, agent or representative of a legal entity acting on its behalf constitutes acceptance of these T&Cs by this legal entity.
We reserve the right to modify these T&Cs at any time; you will be informed by any useful means (notification when connecting, online publication, etc.). Any use of the App subsequent to this information constitutes acceptance of the terms of use as amended.
1. CONDITIONS OF ACCESS.
1.1 DOWNLOAD
The App is accessible exclusively via download from the App store, by a user with an AppleID (the User, You), as this term is defined and assigned by the Apple group for users of some of its products.
1.2 PERSONAL CONDITIONS.
By downloading the App and using it, You confirm that You are at least 18 years old and, if You are using the App on behalf of a legal person, that You have the authorization to do so.
1.3 ACCESS.
The equipment and material (computer, software, means of telecommunication, etc.) necessary to access the App are your sole responsibility, as are the telecommunication costs incurred by its use.
2. SUBSCRIPTIONS.
2.1 BASIC.
When downloading the App, it is made available by default in a basic format, offering the User the basic functionalities, in particular the sharing of content with Your selected contacts and The location of their places of storage, visualization of images and videos describing the resources and all information necessary for exchanges and access. The download is free and your access is linked to your AppleID.
2.2 MONTHLY SUBSCRIPTION.
Once the basic version has been obtained, the User can choose to benefit from additional services by subscribing to an Monthly Subscription for Managers (the Monthly Subscription), at the price conditions published on the date of subscription of the Monthly Subscription. The Monthly Subscription entitles you to access the Services described in connection with the said prices when subscribing, i.e. in particular access to messaging between users, the export of unlimited shAreCards, the display of amounts and the encoding of codes QR and NFC Tag.
2.3 PREMIUM SUBSCRIPTION.
The User who has downloaded a basic version or subscribed to a Monthly Subscription can also subscribe to a premium monthly subscription (Premium Subscription). The Premium Subscription entitles you to access the Services described in connection with the said prices when subscribing, in particular 3D visualization functionalities in Virtual Reality, the Anonymization of Reservations and Resources as well as the Auction Service.
3. ACCESSIBILITY, PASSWORD AND SECURITY.
3.1 ACCESSIBILITY, PASSWORD.
Your username is the one associated with your AppleID and You must use the password and email address associated with it. This data is neither seen nor used in any way by SHARE-telematics.
3.2 SECURITY.
SHARE-Telematics is not responsible for the security of your Apple account and the User is solely responsible for ensuring the confidentiality and security of his identifiers.
4. OFFER OF GOODS AND SERVICES
4.1 TERMS OF SALE.
The offer to supply goods or services through the App between Users is made exclusively under the conditions of the offers made by the offering User (the Owner) and for the duration indicated by the Owner.
4.2 CONCLUSION.
The User choosing to subscribe to services or to acquire goods offered by a User-Owner is bound by the said conditions of sale or provision of services of the Owner from the confirmation communication. SHARE-Telematics is not a party to this transaction.
4.3 DELIVERY.
The delivery of any property acquired through the App is the responsibility of the Owner, or any third party commissioned by the Owner to carry out the delivery. SHARE-Telematics is not responsible for delivery.
5. MEANS OF PAYMENT.
5.1 PAYMENT OF SUBSCRIPTION.
The payment of the subscription taken out by the User is made when downloading or updating the App to the version subscribed, then at the frequency described below.
5.2 FREQUENCY.
The price of the Monthly Subscription is collected monthly, on the first day of each subscription month. the price of the Premium Monthly Subscription is collected on the first day of each subscription month.
5.3 PAYMENT TOOLS.
Any payment made when using the App can be made using the following tools: a) Paypal app – Paypal – www.paypal.com/ch/smarthelp/contact-us, b) Copay Bitcoin wallet app – BitPay, Inc – https://bitpay.com/request-help/wizard, accessible from their mobile apps, whether or not previously installed on your iOS device.
6. RESTRICTION ON USE.
6.1 LIMITATIONS.
It is strictly prohibited: (i) to use and/or access the App for purposes other than those provided for in these Terms; (ii) to copy, reproduce, modify, adapt, alter the App or its content (iii) to access or seek to access the source code of the App, using decompilation techniques, reverse engineering or any other means whatsoever; (iv) use the App to pursue illegal or prohibited activities.
6.2 OBLIGATIONS.
By using the App, You agree to comply with all applicable legal provisions, not to use the App for an illicit purpose, not to include any false, incomplete or inaccurate information, not to include any virus, Trojan horse, worm, time bomb or any other program designed to damage, adversely affect, intercept or defeat any system, data or personal information.
6.3 NON-COMPLIANCE.
Without limiting the rights provided elsewhere in these T&Cs, in the event of non-compliance with these T&Cs, We reserve the right to refuse You access to the App, respectively to refuse to provide the Services.
7. MODIFICATION AND SUSPENSION
We reserve the right, at any time, without having to justify a particular reason, to modify or temporarily or permanently stop the App or any Service, with or without notice, without incurring any liability.
8. DISCLAIMER OF WARRANTY
8.1 PRINCIPLE.
You access and use the App at your sole risk. The App and the Services are provided on an as-is and as-available basis. We expressly disclaim, and You waive, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, quality or availability of the App and Services.
8.2 WARRANTY.
We make no express or implied warranties, commitments or representations that (i) the App will meet your requirements, (ii) use of the App will be uninterrupted, secure or error-free, ( (iii) the information and content shared through the App will be accurate, truthful, or complete, (iv) the goods and services obtainable from the use of the App will be accurate or reliable, and (v) the App will be updated and any content errors will be corrected.
8.3 DOWNLOADS.
Any document or content downloaded or obtained through the use of the App is at your own risk and You will be solely responsible for any damage caused to your computer system or any loss of data that results from such downloads.
8.4 INTERNET.
The use of the Internet involves risks, in particular that data transmitted in this way may be intercepted, altered or destroyed. Moreover, ordinary emails sent via the Internet are neither confidential nor secure and can be read by third parties, lost, intercepted or modified. By using the App or the Services, You accept these risks and We disclaim all liability in this context, including for any manipulation of a computer system by You, your representatives, or unauthorized third parties.
9. DATA PROTECTION.
We do not collect any personal data in our capacity as publisher of the App. We have enacted a privacy policy, accessible at the address [above 2nd TAB] which describes how personal data is managed when using the App. This Privacy Policy, as amended from time to time, forms an integral part of these Terms.
10. INTELLECTUAL PROPERTY
10.1 OWNERSHIP.
All intellectual property rights in the App, its source code, design and name are the exclusive property of SHARE-Telematics and our licensors, if any. The provision of these by SHARE-Telematics does not entail any transfer of intellectual property rights, nor the granting of any right of use other than the license granted in accordance with article 10.2 below.
10.2 LICENSE.
Subject to compliance with these Terms, and within the limits specified therein, You are revocably, non-exclusively, non-transferable and non-transferable to access the App, for your personal use, only to the extent necessary to use of the Services.
11. LIABILITY.
11.1 PRINCIPLE.
You expressly acknowledge and agree that, within legal limits, We are not liable for any direct or indirect damage, including, among other things, damage arising from the law of civil liability, loss of profit, loss of use, loss of data or other intangible losses (this, even if We have been advised of the possibility of such damages) resulting from: (i) the use of the App or the Services, their unavailability or the impossibility to use them, (ii) unauthorized access to or alteration of your data, (iii) statements or behavior of any third party on or in connection with the App, (iv) content shared by any User or any transaction concluded via the App regarding the content published by each User, (v) information and results available on the App, and in particular information relating to the availability of the App, (vi) any other cause relating to the App.
11.2 LIMITS.
Without prejudice to the foregoing limitations, our liability for indirect and/or consequential loss or damage is expressly excluded (including but not limited to lost profit, commercial loss, loss of turnover or profit, loss of goodwill, loss of opportunity or cost of obtaining a substitute product or service), in connection with or arising out of the non-performance or faulty performance of the Services, to the extent that such exclusion is permitted under applicable law. Moreover, our liability is limited at most to the price actually paid for the Services.
12. INDEMNIFICATION.
You agree to indemnify Us, our partners and employees from and against any and all liability, loss, damage, claim, penalty, fine, cost and expense, including without limitation reasonable attorneys’ fees, arising out of your breach, whether at fault or not , of these T&Cs, in particular if You use the App in violation of these T&Cs.
13. TERMINATION.
13.1 CESSATION.
You agree that SHARE-Telematics may, in its sole discretion and at any time, terminate your access to the Services and cease providing the Services or any part thereof. You agree that any termination of your access to the Services under any provision of these TOS may be effected without notice. In addition, You agree that SHARE-Telematics will not be liable in any way, vis-à-vis You or a third party, for any deletion of your access to the Services. In particular, SHARE-Telematics assumes no liability if a transaction initiated via the App should not be completed due to the removal of your access to the Services.
13.2 EFFECTS.
In the event of termination during the Monthly Subscription, Annual Subscription or Premium Subscription, the amounts already paid to SHARE-Telematics remain acquired by the latter.
14. MISCELLANEOUS PROVISIONS.
14.1 SEVERABILITY.
If a provision of these T&Cs should prove to be null or inapplicable, the parties agree that their intentions, as they emerge from the defective provision, will be implemented as far as possible and that the other provisions of the T&Cs will remain in force. force and full effect.
14.2 ASSIGNMENT.
You may not assign or transfer any of your rights or obligations under these Terms. We may assign or transfer any right or obligation, or subcontract the performance of any of our obligations under these T&Cs to any third party at any time, without requiring your prior consent.
14.3 FORCE MAJEURE.
We cannot be held responsible for the non-execution or delay in the execution of our obligations due to events of force majeure such as natural disasters of particular intensity, wars, acts of government or authorities, riots, strikes, epidemics or pandemics, or breakdowns of electrical or telecommunications networks. If such an event occurs, We will notify You without delay.
14.4 NON-WAIVER.
Any tolerance or waiver by SHARE-Telematics, in the application of all or part of the clauses of these T&Cs, regardless of their frequency and duration, cannot constitute a waiver of their assertion.
15. APPLICABLE LAW & FORUM.
15.1 APPLICABLE LAW.
The T&Cs and the relationship between You and Us, respectively any company linked to SHARE-Telematics, as well as the offer to supply goods or services through the App, are governed by Swiss law, to the exclusion of rules of conflict of laws and any international convention.
15.2 STR.
Any dispute in connection with these Terms will be subject to the exclusive jurisdiction of the competent courts at the headquarters of SHARE-Telematics, namely Geneva, Switzerland, subject to a mandatory forum.
16. CONTACTING US.
You can contact Us at the following address: legal@share.swiss
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Last update: June 1, 2023