The present general conditions of use (hereinafter referred to as “GCU”) aim to provide the legal framework for the provision of the website and services by Welo (TaxiBike SA) and to define the terms of access and use of the services by “the User”. These GCU are accessible on the site under the section “Notices and Privacy”. Any registration or use of the site implies the user’s acceptance without any reservation or restriction of these GCU. When registering on the site via the registration form, each user expressly accepts these GCU by ticking the box preceding the following text: “I have read and accept the general conditions of use”. In case of non-acceptance of the GCU stipulated in this contract, the User must renounce access to the services offered by the site. Welo (TaxiBike SA) reserves the right to modify unilaterally and at any time the content of these GCU.
ARTICLE 1. LEGAL NOTICE
ARTICLE 2. ACCESS TO THE SITE
The Welo (TaxiBike SA) site allows the User to consult Welo (TaxiBike SA)’s services and to book services. The site is accessible free of charge in any place to any User with access to the internet. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are at their charge. By agreeing to register for reserved services, the User commits to providing sincere and accurate information regarding their civil status and contact details, notably their email address. To book services, the User must identify themselves with their personal details and settle the balance via bank transfer. Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of Welo (TaxiBike SA). In these cases, the User thus accepts to not hold Welo (TaxiBike SA) responsible for any interruption or suspension of service, even without notice. The User has the possibility to contact the site by email at the address of Welo (TaxiBike SA) communicated in ARTICLE 1.
ARTICLE 3. USER’S PARTICULAR OBLIGATIONS
The User undertakes to use the Content obtained at the Welo (TaxiBike SA) site only for lawful purposes, in compliance with Swiss legislation in force as well as these GCU. The User will be held responsible in case of contrary use. The User is fully responsible for any Content they publish on the site; they recognize and accept to assume the risks related to it. Welo (TaxiBike SA) assumes no responsibility with respect to the Content published by the User or any other information or communication of the User.
ARTICLE 4. DATA PROTECTION
The site ensures to the User a collection and a processing of personal information with respect for privacy in accordance with the General Data Protection Regulation. 4.1 Right of access, rectification, and deletion of personal data The User has the right to access, rectify, and delete personal data concerning them. To exercise these rights, the user makes the request at the email address of Welo (TaxiBike SA) communicated in ARTICLE 1. 4.2 Use of data Welo (TaxiBike SA) reserves the right to disclose statistics and general demographic information relative to the Users, these informations being then presented in an aggregated manner. Welo (TaxiBike SA) reserves the right to use the data for advertising purposes to send to the User commercial offers related to its site or one of the print or online publications of Welo (TaxiBike SA) in Switzerland.
ARTICLE 5. INTELLECTUAL PROPERTY
The trademarks, logos, signs as well as all the contents of the site (texts, images, sounds, etc.) are protected by the Code of intellectual property and more particularly by copyright. The User must request prior authorization from the site for any reproduction, publication, copy of various contents. They commit to using the contents of the site in a strictly private setting; any use for commercial and advertising purposes is strictly forbidden. Any total or partial representation of the site by any means whatsoever, without the express authorization of the operator of the website would constitute an infringement penalized by articles L335-2 and following of the Code of intellectual property. It is reminded that according to article L122-5 of the Code of intellectual property, the User who reproduces, copies or publishes the protected content must cite the author and its source.
The sources of the information disseminated on the Welo (TaxiBike SA) site are deemed reliable but the site does not guarantee that it is free of defects, errors, or omissions. The information communicated is presented for informational and general purposes without contractual value. Despite regular updates, the Welo (TaxiBike SA) site cannot be held responsible for the modification of administrative and legal provisions occurring after the publication. Similarly, the site cannot be held responsible for the use and interpretation of the information contained in the site. The site cannot be held responsible for any viruses that could infect the computer or any computer equipment of the Internet user, following use, access, or download from this site. The liability of the site cannot be engaged in the case of force majeure or the unforeseeable and insurmountable act of a third party.
ARTICLE 7. FORCE MAJEURE
Neither Welo (TaxiBike SA) nor any third party involved in the provision of the service will be held responsible for failure or delay in the execution of their obligations under these GCU, resulting from causes beyond their control, including but not limited to cases of force majeure such as acts of civil or military authorities, fires, floods, earthquakes, riots, wars, acts of sabotage, network failures, coding errors of electronic files, software limitations or inability to obtain telecommunications services or government measures.
ARTICLE 8. HYPERTEXT LINKS
Hypertext links may be present on the site. The User is informed that by clicking on these links, they will leave the Welo (TaxiBike SA) site. These have no control over the web pages on which these links lead and cannot, in any case, be responsible for their content.
ARTICLE 9. COOKIES
Welo (TaxiBike SA) reserves the right to place a cookie in the User’s computer during the consultation of the website or any of its services, in order to record information relating to navigation on the website, without however identifying the User. The User is informed that during their visits to the site, a cookie may be automatically installed on their browsing software. Cookies are small files temporarily stored on the hard disk of the User’s computer by your browser and are necessary for the use of the Welo (TaxiBike SA) website. Cookies do not contain personal information and cannot be used to identify someone. A cookie contains a unique identifier, randomly generated and therefore anonymous. Some cookies expire at the end of the User’s visit, others remain. The information contained in the cookies is used to improve the Welo (TaxiBike SA) website. By navigating on the site, the User accepts them. The User must, however, give their consent to the use of certain cookies. Without acceptance, the User is informed that certain functionalities or pages might refuse them. The User may deactivate these cookies through the settings within their browsing software.
ARTICLE 10. USER PUBLICATIONS
The Welo (TaxiBike SA) site allows the User to publish the following content: comments. In their publications, the member commits to respect the rules of Netiquette (rules of good conduct on the internet) and the rules of law in force. Welo (TaxiBike SA) may exercise moderation on the publications and reserves the right to refuse their posting online, without having to justify to the member. The member remains the holder of all their intellectual property rights. But by publishing a publication on the site, they grant to the company editor a non-exclusive and free right to represent, reproduce, adapt, modify, broadcast and distribute their publication, directly or through an authorized third party, worldwide, on any support (digital or physical), for the duration of the intellectual property. The User notably grants the right to use its publication on the internet and on mobile telephony networks. Any content put online by the User is their sole responsibility. The User undertakes not to put online content that could harm the interests of third persons. Any legal action initiated by an injured third party against the site will be taken in charge by the User. The content of the User can be at any time and for any reason deleted or modified by Welo (TaxiBike SA), without notice.
ARTICLE 11. APPLICABLE LAW AND JURISDICTION
In case of dispute, the current GCU are used as the legal basis. These GCU are governed by Swiss law, to the exclusion of any other legislation. In the absence of an amicable resolution of a dispute arising between the parties, the Swiss courts will have exclusive jurisdiction to hear it. The User accepts that the legal venue be established in Geneva, Switzerland. For any question relating to the application of these GCU, you can join the publisher at the coordinates inscribed in ARTICLE 1.