INTRODUCTION

The COMIN mobile application (hereinafter the “Application”) produced by COMIN SAS (hereinafter “COMIN”) provides users who connect to it (hereinafter the “User”) with generic and/or personalized information.

The comin-app.com website (hereinafter the “Site”) provides information about the company and the Application.

The terms and conditions of use (the “TCU” or “Terms & Conditions”) are intended to determine the rules for using the Site, the Application and the Services offered by COMIN. They set out the obligations of COMIN and the User.

The TCU, as well as the law applicable at the time of use, constitute the entire agreement between COMIN and the User with respect to the use of the Site and/or the Application.

The User accepts, without limitation, these TCU in their entirety before any use of the Site and/or the Application. By accessing the Site, using the Application and using the features offered, the User automatically accepts the TCU.

COMIN reserves the right to modify these TCU at any time and without notice. Therefore, it is recommended that the User refer regularly to the latest version of the TCU.

1. DEFINITIONS

In these TCU, words or expressions beginning with a capital letter and not defined above have the following meaning:

Application: a downloadable program, free or paid, developed to be installed on mobile devices and executable from the operating system of a mobile terminal, such as a smartphone or tablet.

Account: the personal space created by the User for the purpose of managing their preferences for the Services offered by COMIN on the Site and/or the Application.

Information: All works, information and publications (editorial content, articles, comments, photos, videos, etc.) accessible through the Site and/or the Application that have been created or written by COMIN itself.

Service Provider: refers to the provider who provides the transport service to the User.

Service(s): the full range of online services and features offered by COMIN that Users can access or use from the Site and/or the Application.

Site: All web pages accessible at comin-app.com and all subdomains.

User(s): any individual who has access to the Site and/or the Application, regardless of where they are located and the mode

2. ACCESS AND USE OF SERVICES AND INFORMATION FROM THE SITE AND APPLICATION

2.1 The equipment and material means for accessing the Site and/or the Application are the exclusive responsibility of the User. The User is also responsible for the telecommunications costs incurred to access and consult the Site and/or the Application.

2.2 COMIN grants the User a revocable, non-transferable, non-assignable, non-exclusive, personal and royalty-free license to use the Site and/or the Application and its Services for strictly personal purposes.

In this regard, the User agrees to comply with the obligations set out in these Terms and Conditions, in particular in “Article 9. WARRANTIES” of these Terms and Conditions.

3. USER ACCOUNT

3.1 Creation of an Account

Users who wish to do so may create an Account on the Application.

More generally, COMIN reserves the right, for any serious and objective reason, to suspend the Account of a User.

To register, the User must be over 18 years of age, have the capacity to contract under the law, and have accepted these Terms and Conditions without reservation. Registration in the name of a legal entity is only possible by a physically adult person with the necessary powers to bind and engage this legal entity. The User agrees to provide a valid email address of which they are the owner.

3.2 Personal information

The User is solely responsible for the use that could be made of their identifiers (i.e. their email address, telephone number, password), and is the sole guarantor of their confidentiality, as well as of any use of their Account. The user agrees to inform COMIN of any unauthorized use of their Account and of any breach of the confidentiality and security of their identifiers through the form on the “Contact” page.

If COMIN has reasonable grounds to believe that the security of the Service is violated or misused due to unauthorized use of the User’s identifiers, COMIN may temporarily suspend the Account, in part to preserve the integrity of the data, and, if applicable, require modification of these identifiers.

3.3 Unsubscribing

The User is also free to unsubscribe at any time. To do this, they must go to the “My Account” page and click on the “Delete my Account” button.

In case of loss of password or difficulty accessing their Account, the User can request the deletion of their Account by using the “Contact” form accessible at the bottom of each page of the Site.

COMIN also reserves the right to terminate, without notice, the Account of a User for any objective and justified reason previously notified to the User by any means (email or registered letter), including, without limitation, if the User has violated any applicable law, including criminal laws, or laws intended to protect the rights of third parties, or if the User has violated any of the provisions of these Terms and Conditions.

COMIN reserves the right to deactivate the account of a user after the user’s account has been inactive for one year or more.

In the event of the User’s death, and upon presentation of the relevant documents, the Account will be deactivated.

4. DESCRIPTION OF SERVICES

The User has access to the following Services, in the form and according to the functionalities and technical means that COMIN deems most appropriate.

4.1 Connection of Users, Service Providers and Drivers

The User who wishes to make a Ride (hereinafter: a “Ride”) must log in to the Application and confirm their departure address and arrival address. The User is free to choose from the options presented and to validate or not their request.

The Drivers of the selected Service Provider have a period of acceptance to accept or not the request. At the end of this period, only one Driver will have accepted the Ride request. The Drivers and the User are informed of this selection.

If no Driver accepts the User’s request, the User is also informed via the Application. If the Ride is accepted by the Driver of the selected Service Provider, the User must present themselves at the agreed location at the time of the order. The Application sends them the identification information of the Driver and their vehicle. The time of approach of the Driver, provided by COMIN via the Application, is indicative, comes from the Service Provider and cannot engage the responsibility of COMIN.

COMIN declines any responsibility in case of fraud.

4.2 Prices and billing

4.2.1 The price of the Ride COMIN, via the Application, offers an estimated tariff (hereinafter: the “Tariff”) to carry out the Ride. If the User accepts the Tariff, they must first ensure that all the information displayed is in accordance with the desired Ride. COMIN, via the Application and the information of the Service Provider, informs the User of the Tariff in advance.

To access the details of the calculation of the Tariff, we invite the User to consult the Terms & Conditions of this selected Service Provider.

If a Driver of the selected Service Provider agrees to carry out the Ride, they are free to follow the route of their choice, with the consent of the User, it being understood that the Tariff is a quote proposed in advance and therefore does not depend on the route or the actual time taken to complete the Ride.

4.2.2 Billing to the User

When the Driver drops off the User at the destination of the Ride, the Driver indicates this to the Service Provider who indicates it to COMIN. The Application indicates to the User a final amount TTC (hereinafter: the “Price”).

The Tariff indicated to Users is a simple estimate and does not take into account any potential differences in specific events including changes in the route or traffic conditions.

Fixed prices and minimum fees may apply. The actual prices of rides and scheduled rides may vary.

The User has the option to pay the Price to the Driver via the Application, in which they will have previously entered their bank card number via any other means of payment with a third party authorized by the Application.

For any unpaid means of payment or for any late payment, the remaining amounts due will be increased by 40 (forty) euros, as a penalty clause, under article 1231-5 of the Civil Code.

In all cases, and regardless of the chosen mode of payment, in the absence of payment of the Price at the end of the Ride, the amount of the Price will be automatically debited from the bank card that the User will have entered at the time of their registration on the Application. Payment of the Price by bank card is implemented by the secure payment provider (hereinafter “Payment Provider”), who alone retains the User’s bank card information for this purpose. Once the Ride is completed, the services are subject to receipts that are communicated to the User in the Application.

4.2.3 Issuance of the invoice

At the end of the Ride, an invoice is sent by email by COMIN or by the selected Service Provider.

4.3 Comments left by Users

At the end of the Ride, the User can make comments. The comments can be published anonymously on the Application, and also appear in summary form. The User undertakes not to publish content that could contravene the rights of third parties. If COMIN is alerted of the publication of malicious content (discriminatory, racist, insulting, infringing on privacy, etc.), it undertakes to delete the content. COMIN declines any responsibility in case of publication of illegal content.

4.4 Other services

COMIN reserves the right to offer any other service that it deems useful, in the form and according to the functionalities and technical means that it deems most appropriate to provide said services.

4.5 Cancellation of the Order by the User

4.5.1 Free cancellation

The User can cancel the Order without charge after a certain period of time. The prices and cancellation conditions are described in the General Conditions of the Provider selected by the User.

4.5.2 Paid Cancellation

The User is subject to cancellation fees when they cancel the Order, after a certain period of time has passed or when the User or the people for whom the transport was ordered do not show up in front of the vehicle.

4.5.3 Settlement of cancellation fees

The User has the option to pay the cancellation fees in the Application, the Payment Provider will directly debit the amount of the fees from the payment method indicated by the User.

COMIN reserves the right to revoke the right to use the Application to any User who has not paid these cancellation fees.

4.6 Cancellation of the Order by the Driver

The User’s pick-up can be canceled by the Driver under the conditions specified in the General Conditions of the selected Provider.

The Driver’s decision to cancel the trip does not entitle the User to any compensation. The User will receive a notification to inform them of this.

5. INTELLECTUAL PROPERTY

5.1 COMIN is the exclusive owner of all intellectual property rights on both the structure and the content of the Website and the Application, unless otherwise expressly stated. It is expressly stated here that the following elements are the intellectual property of the companies that produced them or own them:

The trademarks mentioned on the Website and the Application,

The logos and other elements of the brand’s visual identity used on the Website and the Application,

5.2 These TCU do not transfer any intellectual property rights to the User on the structure and content of the Website and Application and their Services. For any use of any Information other than for strictly personal purposes, the User must contact COMIN beforehand using the “Contact” form accessible from each page of the Website, in order to obtain the necessary authorization for this purpose.

5.3 The User expressly agrees that the use of the Website and/or the Application does not infringe any of COMIN’s rights, including, without limitation, that this use does not constitute infringement or unfair or parasitic competition of the Information.

6. COLLECTION, PROCESSING AND PROTECTION OF PERSONAL DATA

6.1 COMIN respects the privacy of Users and strictly complies with applicable data protection laws. The details of the data collected, their processing, their accessibility and the rights of Users are described in the “Privacy Policy” document accessible from the link at the bottom of each page of the Website and via the following link:

https://comin-app.com/privacy/

7. AVAILABILITY OF THE WEBSITE AND THE APPLICATION

7.1 COMIN will make its best efforts to ensure that the Information and/or services on the Website and the Application are available for access, viewing and use on a secure basis. The Website and the Application are available 24 hours a day, 7 days a week, except in case of force majeure or an event beyond the control of COMIN and subject to any interruption and maintenance necessary for the proper functioning of the Website and the Application. Maintenance can be carried out without prior notice to Users.

7.2 The User agrees to accept the characteristics and limitations of the Internet and mobile Internet and the operating systems of the Website and/or the Application, and recognizes in particular that:

• its use of the Application is at its own risk;
• the Website and/or the Application are accessible to him “as is” and based on their availability;
• the protection of its own data and/or software is its responsibility and it must take all appropriate measures to protect them from any virus;
• the technical performance of the mobile Internet requires the processing time necessary to respond, consult, query or transfer the Information.

8. LIMITATIONS OF LIABILITY

8.1 COMIN makes its best efforts to search for the most reliable Information and to provide accurate Information without distorting facts. However, COMIN cannot guarantee the complete accuracy and completeness of all Information and other data on the Website and/or the Application, whether provided by COMIN itself or derived or reproduced from third-party sources.

COMIN is not responsible for Information obtained from external public sources, when that source has been condemned for disseminating such Information.

COMIN only checks the accuracy of the content retrospectively and is not responsible for the inaccuracy, inappropriateness or illegality of that Information.

COMIN is not responsible for the interruption of access to the Website and/or the Application due to maintenance, updates or technical improvements, or modifications to the content and/or presentation, provided that these interruptions are announced and do not exceed normal practices.

In addition, COMIN may temporarily or permanently interrupt access to the Website or the Application and any related services, including in the case of cessation of activity by COMIN, or in the case of liquidation or sequestration of the company; in this case, these TCU are terminated by law. COMIN is not responsible for viruses on the Website and/or the Application.

COMIN is not responsible for the consequences that may arise from or as a result of meetings or contacts between multiple users as a result of the use of the website and/or the Application and their services. In all cases required by law, the administrative or judicial authority (such as in the case of a requisition), COMIN is not responsible if it discloses the user’s personal data to the relevant authority.

COMIN is not responsible for the content of third-party websites to which hyperlinks are provided on the website and/or the Application.

To the extent permitted by applicable law and to the extent that COMIN is found liable for any unforeseeable damages, COMIN’s liability will be limited to direct, certain, actual and determinable damages.

To the extent permitted by law, COMIN will not be liable for any indirect damages, loss of profits or damages resulting from the loss of data or interruption of activities caused by the use or inability to use the website and/or the Application, the service or the content, whether based on a warranty, contract, tort or any other legal theory and whether COMIN is or is not aware of the possibility of such damages.

8.2 The user is solely responsible for the installation of updates of new versions or successive sub-versions of the Application. COMIN will not be responsible for the installation of these updates.

9. WARRANTIES

9.1 Warranties related to the integrity of the Site and the Application

Each User expressly agrees to:

• not use software or devices that may interfere with the proper functioning of the Site, and to ensure that the computer configuration they use is free of such software or devices.
• not undertake actions that impose an disproportionate load on COMIN’s infrastructure.

9.2 Warranties related to the use of Services and Information on the Site and Application

Each User expressly agrees to:

not use software and/or processes to copy the Information on the Site and/or the Application without the express and prior consent of COMIN;

Not alter, modify or create derivative works of the Information on the Site and/or the Application without the express and prior consent of COMIN;

make short quotations, analyses and reproductions for press reviews or other uses expressly authorized only to the extent and under the conditions provided by applicable law, and provided, among other things, that COMIN and the source are credited;

not extract or reuse, including for private purposes, without the prior written consent of COMIN, a substantial or non-substantial part of the content of the databases and archives constituted by the Site and/or the Application;

not collect Information about third parties, including email addresses, on the Site and/or the Application for the purpose of sending commercial or other solicitations, or for inclusion in a free or paid reference service or others, or for the purpose of competitive intelligence;

not implement systems that are or may be harmful or unfair to the Site and/or the Application, in whole or in part, or that violate these TCU, including by using hyperlinks or framing techniques;

inform COMIN as soon as it becomes aware of any infringement (including the violation of COMIN’s intellectual property rights), in particular of any illicit or non-contractual use of the Information on the Site and/or the Application, regardless of the distribution method used.

The prior consents of COMIN mentioned in this section may be requested by contacting COMIN via the “Contact” page accessible from the link at the bottom of each page of the Site.

10. CONTACT AND REPORTING OF ILLEGAL CONTENT

10.1 In addition to the provisions provided in the “Section 3.5 Removal of User Comments” of these TCU, any User of the Website and/or the Application and/or their Services can contact COMIN through the “Contact” form accessible from the link at the bottom of each page of the Website.

10.2 The User can report any illegal content posted on the Site and/or the COMIN Application The User can do so using the “Contact” form accessible from the link at the bottom of each page of the Site.

11. VARIOUS PROVISIONS

11.1 If any provision of these TCU is held to be invalid or unenforceable by a law, regulation or court decision, it will be deemed unwritten and the other provisions will retain their full force and effect.

11.2 The contractual relationship between COMIN and the user is governed by the provisions of these TCU.

12. APPLICABLE LAW AND JURISDICTION

These TCU are governed in all respects by French law. Only the French language shall prevail.

13. GENERAL TERMS OF SERVICE PROVIDERS

COMIN provides an interface to facilitate the connection between the User and the Service Providers but does not act as a Service Provider or on behalf of a Service Provider. The User therefore acknowledges that COMIN does not offer transport services or act as a transport service provider.

A confirmed reservation binds the User and the relevant Service Provider by contract according to the General Conditions of that Service Provider. By booking with a Service Provider, the User thus declares to accept the terms of the Service Provider’s General Conditions.

The Service Provider’s general conditions contain important information about the relationship between the User and the Service Provider.

The User acknowledges and agrees that COMIN bears no responsibility for the issuance, quality and safety of transport services provided by Service Providers and drivers acting on behalf of Service Providers.

Publisher of the Comin-app.com site

COMIN is published by COMIN SAS, RCS 907788335 Paris, located at 70 rue des Saints Pères, 75007 Paris, France. Email: hello@comin-app.com

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