General conditions of use

‍PREAMBLE
The SAS PLUG'HEUR Company owns and operates the PLUG'HEUR Solution, which aims to make autonomous External Batteries available to Establishment Customers, via a dedicated Application.External Batteries are made available in Terminals located in Establishments located in Establishments that have subscribed to access the PLUG'HEUR service in order to be able to provide their Customers with this service.These General Conditions of Use apply, without restriction or reservation, to any User of the Website or the Application. They are accessible at any time on the Website and will prevail, where appropriate, over any other version or any other contradictory document. The use of the Services also requires signing/accepting the Company's Confidentiality and Personal Data Protection Policy accessible on the site. www.plugeur.com.

‍ARTICLE 1: Definitions
‍The terms defined below will have the following meaning between the parties:
— “Application” refers to the computer software PLUG'HEUR published by the company PLUG'HEUR, made available by the Company and accessible on an electronic device, including mobile; — “External batteries” refers to the wireless charger made available to the Customer by the Company; — “Terminal” refers to all containers equipped with External Batteries; — “Customer” refers to any natural person benefiting from the provision of external batteries; — “General conditions” Terms of use (or CGU)” refers to these Terms and Conditions general terms of use; — “Establishment” refers to the client company and/or its establishment (s) receiving the public that has subscribed to the PLUG'HEUR Solution to which Terminals are entrusted in the interests of its own customers; — The “Service (s)” or the “Solution” refers to all the services offered by the Company and the “Solution” refers to all the services offered by the Company and available on the Website and the dedicated Application; — “Website” refers to the interactive electronic service operated by the Company on the Internet network accessible at the following address https://www.plugheur.com and its sub-domains; — “Company” refers to PLUG'HEUR, Simplified Joint Stock Company with a capital of one thousand five hundred euros (1500€), registered in the BORDEAUX trade and companies register, under number 853 124 360 and whose head office is located at 18 RUE DE METZ 33000 BORDEAUX; — “Availability time” refers to the time during which an External Battery is made available to the Customer; — “User” refers to any person visiting the Website or the Application.

‍ARTICLE 2: Application and enforceability of the general conditions of use
‍2.1. Fields of application The use of the Services implies unrestricted acceptance of the conditions set out in these Terms and Conditions.
When using the Website or the Application, the User is invited to accept these T&Cs by ticking an acceptance box. In the event of refusal to accept the T&Cs, the use of the Website and the Application will be refused and the User will not be able to benefit from the Services.The T&Cs are a binding contract between the User and the Company. It sets out the main conditions that govern the use of the Services. These T&Cs, as well as all its updates, additions, additional conditions and all the rules and policies of the Company, together constitute the contract between the User and the Company.
2.2. Enforceability of the General Terms of Use As these General Terms of Use may be subject to subsequent changes, the version applicable to the User is the one in force on the Website at the date of use of the Website or the Application. If any provision of these T&Cs is held to be void or unenforceable, this provision will be deleted and the other provisions will remain applicable.

‍ARTICLE 3: Provision and use of external batteries
‍3. Provision of the external battery
In order to benefit from the provision of PLUG'HEUR's external batteries, the Customer must connect to the Application by scanning a QR code. He will then find himself on the PLUG'HEUR “web app”, and must then enter the following information: His name/First name/His postal address/His email address/His telephone number/
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‍3.1. Use of the external battery — security deposit
The use of an External Battery by the Customer is equivalent to a free provision for a fixed maximum of 24 hours.
An alert message will be sent to the Customer by telephone 4 hours, then 30 minutes before the end of the availability time to remind him to put the external battery back into the Terminal.
During the Availability Time, the External Battery is under the sole responsibility of the Customer. The Company reserves the right to communicate, by any means, the Customer in order to return the battery.
The Customer undertakes to report any difficulty without delay and in particular any damaged or defective External Battery as well as any Terminal refusing the return of the External Battery to the establishment where the Terminal is located by any means. As of availability, the Customer must report to the establishment if the external battery is faulty. If the External Battery has been damaged by the former user, he must inform the Establishment. Otherwise, he may be required to immediately pay the amounts provided for in the article “Penal Clause”.
The External Battery must be replaced in the Terminal at the end of use or at the end of the Availability Time. Otherwise, the Company may require immediate payment of the amounts provided for in the article “Penal Clause”.

In the event that the External Battery has not been returned, the Customer remains solely responsible for its use and the consequences that may result from it, in particular in the event of damage caused to a third party.
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3.2 Personal nature of use
The Customer is solely responsible for the use of the External Battery. When he activates the Terminal to take an External Battery, it must only be used by him. The Customer may not allow a third party to use an External Battery that he has removed.
The Customer undertakes not to sublet the External Battery or to use it on behalf of others and not to use it in violation of a law, an order or a regulation.

3.3 External Battery Property
The External Battery is the exclusive property of the Company.
It is strictly forbidden to disassemble an External Battery, any part of it or to affix inscriptions or degrade it in any way whatsoever. It is strictly forbidden to use the External Battery, or other Company equipment, for advertising or commercial purposes without the express written permission of the Company.

3.4 Availability of Services
The Company does not guarantee continuous, uninterrupted, or secure access to its Services, and the operation of the Services may be disrupted by numerous factors beyond the Company's control.
The Customer accepts and acknowledges that External Batteries are not available in an unlimited manner. The number of external batteries is limited and their availability is never guaranteed.
The availability of External Batteries also depends on the opening hours of the Establishments.
The Customer accepts and acknowledges that any disruption of the WiFi, 3G/4G/ 5G telephone network, any interruption of electrical supply or any other event that no longer allows the terminal to function normally (hereinafter referred to as the “Technical Problems”), could lead to the unavailability of the Services. In this case, and for any difficulty encountered by the Customer in putting the External Battery back into the Terminal, the Company recommends that the Customer contact PLUG'HEUR as soon as possible at serviceclients@plugheur.fr and to contact the Establishment that hosts the terminals so that it can keep the Battery.

3.5 Customer Responsibility
The Customer undertakes to return the External Battery to the Company by returning it to the Terminal in the same condition in which it was made available. The Customer will not be responsible for the normal wear and tear of the battery.
Unless the Customer provides evidence to the contrary, the Customer acknowledges full responsibility for any misuse of the External Battery and its consequences. In the event of damage caused to the External Battery during the time of use, the Company may require immediate payment of the amounts provided for in the article “Penal Clause”.
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3.6 Operation of External Batteries
The Customer understands and accepts that the level of electrical charge remaining in the External Battery will decrease as the External Battery is used and with the decrease in the electrical load of the External Battery, the charging speed is likely to decline.
The Customer understands and accepts that the charging time of his smartphone or connected object depends on the type of device, its brand, its model, active functionalities and the use of the smartphone or the connected object made during the Availability Time, weather conditions, altitude.
Therefore, the Company does not guarantee that the use of the External Battery allows the Customer's smartphone or connected object to be fully charged.
Depending on the conditions of use of the External Battery, the Company does not guarantee that the External Battery will function for the duration of the Availability Time.

3.7 Handover of the External Battery
At the end of his time of use and at the latest at the end of the Time of Availability, the Customer undertakes to put the External Battery back into the Terminal from which he collected it.

3.8 Inappropriate use of services
It is forbidden to use the Services for any purpose of unlawful activity.

The User is prohibited from using the Services for advertising or “spamming” purposes.
In addition to the remedies available to the Company under the law, in case of suspicion of action contrary to the T&Cs, the Company may take any necessary measures to remedy the violation or prevent it. In particular, the Company may remove any offending material present on the Services, at any time and without notice. The Company undertakes to cooperate fully with all authorities responsible for enforcing the law and will subject itself to any injunction or legal action requesting or requiring to disclose the identity of any person posting such materials.

‍ARTICLE 4: Penal clause
‍The damage caused to the External Battery during the time of use and/or the failure to return the External Battery, at the end of the Availability Time, will result (in) for the benefit of PLUG'HEUR, the possibility of requiring:
The immediate payment of the price of the External Battery that had been made available, i.e. the sum of 45 euros; b) The payment in addition to the sum of 90 euros as a penalty, in particular in respect of the costs incurred in recovering the amounts claimed.
That is the possibility for PLUG'HEUR to require and in case of refusal to continue the payment of the total sum of 135 euros.
This penalty clause will apply without PLUG'HEUR having to justify the importance and nature of its damage.
If the Customer intends to dispute the amounts claimed from him by PLUG'HEUR or any agent responsible for collection, he must contact the Company or its agent to assert his claim within 10 working days following the end of the month during which the said amounts were claimed.

ARTICLE 5: Intellectual property

‍5.1 Copyright and ownership
Any content presented or exhibited as part of the Services (hereinafter referred to as the “Content”) is the property of the Company and/or third parties who have granted it exploitation rights.
All components of the Services are protected by rules relating to commercial names, copyright (property and moral), trademarks and other provisions relating to intellectual property rights such as designs and models.
The Services may only be used for the purposes for which they are intended and for which they are made available. The User may not modify any of the supports or even exploit, directly or indirectly, the data or works used by the Company for the operation of the Services.
It is the User's responsibility to contact the Company to obtain any prior authorization necessary for any reuse of a medium protected by copyright made available as part of the Services.
The Services, the Content and all related rights remain the exclusive property of the Company and/or third parties who have granted it exploitation rights.

5.2 Brands
All brands and trade names used by the Company (including and without limitation, the name “PLUG'HEUR”, the logo, the graphics of the Services, and all logos) are the exclusive property of the Company and/or third parties who have granted it exploitation rights.
The User may not use, copy, reproduce on any medium whatsoever, even for personal purposes, brands and trade names, without the prior written consent given by the Company. Likewise, the User may not use the name of the Company or any expression intended to suggest his approval for any purpose without the prior written consent given by the Company.

‍ARTICLE 6: User communication through the services

‍6.1 Invited communications
The Company may ask the User to communicate on the Services through social networks, blog posts, by participating in discussion groups, advice, etc. in order to create a “User Contributions” section in connection with the Services.
User Contributions are the intellectual property of the User who is the author of them. The User expressly and free of charge, freely and without limitation grants the Company the right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, transmit and display this content for the duration of the commitment and for the entire world.
The User acknowledges that this right could be used by the Company for all advertising and marketing purposes. Any User Contribution is considered non-confidential and the Company is under no obligation to maintain the confidentiality of the data, in any form whatsoever, contained in any User Contribution.
User Contributions do not reflect the views of the Company or persons associated with it.
The Company does not guarantee the accuracy of the information in User Contributions and does not assume any responsibility for any action that the User may take as a result of the review of a User Contribution.

6.2 Inappropriate User Contributions
The User undertakes, through his contributions, not to harm the rights, reputation and image of the Company or of a third party.
The Company may moderate and delete any User Contribution that it considers may be in violation of the preceding paragraph.
The Company reserves the right to determine, at its sole discretion, that a Contribution would violate one or other of the provisions of the Terms and Conditions and will alone take all the measures it considers necessary in the event of an infringing contribution.

‍ARTICLE 7: Third-party services and commercial partnerships
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‍7.1. Links to third party websites
The Website or the Application may contain links to websites that are not owned, operated or controlled by the Company. The Company is not responsible for the content or data found on these websites or made accessible from them.

7.2. Business partners.
The Company may partner with third parties to promote other services through the Website or the Application. If the User deals directly with a third party, he is subject to the partner's general conditions of sale and use in addition to those of the Company. In the event of a contradiction between the Terms and Conditions and the general conditions of sale and use of the partner, the partner's general conditions of sale and use, the latter's general conditions of sale and use will prevail.

‍ARTICLE 8: General provisions

‍8.1 Declarations and warranties.
The User declares and acknowledges having the capacity to contract and acquire the Services offered by the Company. The User undertakes to make appropriate use of the Services. The User declares to have read, understood and accepted the Terms and Conditions and undertakes to respect them.

8.2 Limitation of liability.
The Company assumes no responsibility, and will not be held responsible for, any damage or virus that could infect the User's computer, smartphone or connected object, telecommunications equipment or any other property and that would be caused directly or indirectly by his access to the Services, the use he makes of them or his browsing in the Services, or by downloading any data or any element of the Services and that would be caused directly or indirectly by his access to the Services, the use he makes of them or his browsing in the Services, or by downloading any data or elements of the Services.
In the event of a problem encountered in the use of the Services or posed by elements or data contained on all or part of the Services' platforms, the User acknowledges that his only recourse is to stop using the Services.

8.3 Applicable law and dispute resolution
Any complaint relating to the use of these Services and the elements they contain is governed by French law, subject to the application of mandatory provisions of the law of the State where the User has his usual residence if it is located on the territory of the European Union.
Before any legal action, the User and the Company will attempt to find an amicable solution to any dispute that may oppose them.
The European platform for online dispute resolution https://ec.europa.eu/consumers/odr/ provides information on alternative dispute resolution methods that may be of interest to the User. In the event of a dispute that cannot be resolved between the Company and the User, the User may use this platform.
The parties designate the exclusive jurisdiction of the courts located in Bordeaux (France). Any possible inaction by the Company with respect to a breach by the User or by third parties does not mean that the Company renounces its right to act with respect to subsequent or similar breaches. All provisions that, by their context, should survive beyond this Agreement will continue in effect after any termination or expiration of this Agreement.

8.4 Assignment
The User accepts that these T&Cs and all the agreements incorporated into them may be automatically assigned or transferred by the Company at its sole discretion.

8.5 Contact
For any questions or comments, we invite you to contact us at serviceclients@plugheur.fr.

‍ARTICLE 9: Confidentiality of data
‍PLUG'HEUR is committed to a continuous process of compliance with the General Data Protection Regulation of April 27, 2016 so that the data of its Users is collected and used in a transparent, confidential and secure manner.

9.1 Personal Data Protection Policy
The PLUG'HEUR Personal Data Protection Policy describes how the operator processes the personal data of users (hereinafter the “Users”) when browsing its sites. www.plugheur.com and the Plug'Heur web app. The Company constantly pays particular attention to User data. The Company may thus be required to modify, complete or update its Personal Data Protection Policy.

9.2 Personal data collected, purposes and bases
Users will find here a detailed description of the uses that the Company makes of Users' personal data and their purposes. Users have a permanent right to access and rectify all data concerning them, in accordance with European texts and national laws in force. They can request it by email to: serviceclients@plugheur.frAny question relating to the protection of personal data may be sent to the email address above.Users' Personal Data is necessary for the Company to allow them to access the external batteries, their use, and to allow the Company: The identification of Users who benefit from the provision of the External Batteries; The sending of SMS messages/emails to Users allowing them to remind them to bring the External Battery back to the terminal; The establishment of the security deposit; The establishment of the security deposit; The contact with user for all purposes of service quality. Execution requires the collection of the above data. This will take place thanks to the collection of the consent of the Users.

9.3 Information shared with third parties
All Personal Data that the Company collects and processes is strictly confidential. The information collected by the Company (Name, First Name, telephone number, email address,) is deleted after a period of 3 months from the date the External Batteries are made available.
The Company may be required to transfer, temporarily and securely to Partners, certain personal data necessary in particular to ensure the completion of tasks necessary for the execution of the User's order, to monitor his subscription, to fight against fraud and more generally any criminally reprehensible activity, and to carry out satisfaction surveys, etc.
The Company may also be required to communicate this Personal Data to respond to an injunction from the legal authorities.
The Company's Partners who may have access to Users' Personal Data process them on their behalf, according to their instructions, in compliance with both this Personal Data Protection Policy and any appropriate security and confidentiality measures.

9.4 Protection of Users' personal data
The Company applies generally recognized technological and organizational security measures so that the personal data collected is not lost, misused, consulted, modified, or disclosed by unauthorized third parties unless the communication of this data is required by the regulations in force, in particular at the request of a judicial authority, police, gendarmerie or any other authority authorized by law. It should be noted in particular that: The data personal data are used only for The missions of the Company Personal data are secured by a set of technical and organizational measures ensuring that only authorized persons have access to itPayment data is entrusted only to a PCI DSS certified service providerThe user can assert his rights of access/rectification/opposition to customer service at the following address serviceclients@plugheur.fr

‍9.5 Duration of storage of Users' personal data on the Site
The personal data communicated by the Users of the Solution will be deleted after a period of 3 months from the date the External Batteries are made available. 9.6 User Rights In accordance with the regulations in force, Users of our Site have the following rights: Right of access and correction; Right to update and correct; To update and complete User data; Right to lock or delete User data of a personal nature, when they are inaccurate, incomplete, outdated, outdated, or whose collection, use, communication or storage is prohibited; Right to withdraw consent at any time; Right to limit the processing of User data; Right to oppose the processing of personal data; Right to the portability of data that Users have provided, when such data is subject to automated processing based on their consent or a contract. If the Customer wishes to know how the Company uses this personal data, ask to rectify them or oppose processing, the Customer can send an email to the address serviceclients@plugheur.fr. Finally, Users of the Solution may file a complaint with the supervisory authorities, and in particular with the CNIL (https://www.cnil.fr/fr/plaintes) User requests will be processed within 30 days. In addition to your request, we will ask you to attach a photocopy of a proof of identity so that the Company can verify the identity of Users.