General terms of use (GTU)
1. Purpose
The purpose of these general terms and conditions is to define the terms and conditions of use of the services offered to Customers (“Customers or the Customer”) by Batteries For People (“the Service Provider”), via the Service Provider’s website, the Service Provider’s mobile application, the equipment made available by the Service Provider, exchanges by direct contact or via a paper medium, the following services: Moba Certificate, Moba Check-up and Moba Certify Pro (hereinafter: the “Services”), and to define the rights and obligations of the parties in this context.
In particular, they are accessible and printable at any time via a direct link at the bottom of the home page of the www.get-moba.com website (“the Site”).
They apply, without restriction or reservation, to all Services rendered by the Service Provider to Customers in the same category, irrespective of any clauses that may appear in the Customer’s documents, and in particular its general terms and conditions of purchase.
Any order for Services implies the Customer’s acceptance of these General Terms and Conditions of Use, the General Terms and Conditions of Sale and the Service Provider’s Special Terms and Conditions.
They may be supplemented, where applicable, by conditions of use specific to certain Services. In the event of contradiction, the Special Conditions shall prevail over the General Conditions.
In accordance with current regulations, the Service Provider reserves the right to derogate from certain clauses of these General Terms and Conditions of Use, depending on the negotiations conducted with the Customer, by drawing up Special Terms and Conditions of Use.
2. Operator of the Services
The Services are operated by BATTERIES FOR PEOPLE, a a simplified joint-stock company with share capital of 1,350 euros, registered with the Paris Trade and Companies Register under no. 314 503 996, whose registered office is located at 21 Place de la République, Paris 75003 (hereinafter referred to as “Batteries For People”).
Batteries for People can be contacted at the following address:
Postal address: 21 place de la République Paris 75003
E-mail address: contact@get-moba.com
3. Description of Services
Moba Certificate, hereinafter (“The Certificate”):
The Certificate specifies, for each vehicle, the indicators required to establish the state of health of the vehicle’s traction battery, in particular the “State of Health”, expressed as a percentage, calculated in accordance with the manufacturer’s standard. The indicators in the Certificate are provided for information purposes only, and Batteries For People accepts no responsibility for them.
To obtain the Moba certificate for a compatible vehicle, it is necessary to carry out the battery diagnosis as detailed in Services. A complete standardized process is required for each model of electric vehicle, so that the battery’s state of health can be measured under reference conditions. If this process is not followed, the Service Provider cannot guarantee the reliability and representativeness of the information collected, and by extension of the Certificate.
The Certificate is available to private customers via the Certification Kit, which enables private Users to carry out their own battery diagnostics. This Certification Kit is sold on the Site. The Certificate is a digital document (“Digital Certificate”), accessible via a unique url and/or access code. A printed version of the Certificate may be purchased as an option, for Customers who have purchased a Certification Kit.
The Digital Certificate is the only document containing the current indicators. Any reproduction, printing or distribution of a previous version of the Certificate does not guarantee the accuracy of the indicators.
Moba Check-up, hereinafter referred to as “The Check-up”:
The Check-up specifies, for each vehicle, the information required to establish the state of health of the vehicle’s traction battery, in particular the “State of Health”, expressed as a percentage, calculated in accordance with the manufacturer’s standard. Check-up indicators are provided for information purposes only, and Batteries For People accepts no responsibility for them.
Obtaining the Check-up for a compatible vehicle does not require a complete standardized process. Consequently, the results in the Check-up, and in particular the “State of Health” (“SOH”), may be less accurate than on a Certificate.
The Check-up is only available to Professional Customers using the Moba Certify Pro service. The Check-up is a digital document (“Digital Check-up”), accessible via a unique url and/or access code.
The Digital Check-up is the only document containing the current indicators. Any reproduction, printing or distribution of a previous version of the Certificate does not guarantee the accuracy of the indicators.
Moba Certify Pro:
The Moba Certify Pro solution uses the Moba Certify Pro mobile application and the Moba Connect Pro box to create Certificates and Check-ups. Moba Certify Pro is accompanied by a web interface (hereinafter referred to as “The SaaS”) that enables you to consult the history of your Certificates and Check-ups, access detailed analyses and administer your Users. To use Moba Certify Pro, a personal account must be created.
Other services:
At the request of professional customers, the Service Provider may provide other services, such as physical or digital training for Users, specific IT developments, or consulting and project management services.
4. Access to the Site and Services
The Services are accessible, subject to the restrictions set out on the site:
(1) to any natural person with full legal capacity to enter into commitments under these terms and conditions. Individuals who do not have full legal capacity may only access the Site and Services with the consent of their legal representative;
(2) any legal entity acting through a natural person who has the legal capacity to contract in the name and on behalf of the legal entity.
5. Acceptance of general terms and conditions
Acceptance of these terms and conditions is evidenced by a checkbox on the registration form. This acceptance must be full and complete. Any conditional acceptance is considered null and void. Users who do not agree to be bound by the present terms and conditions must not use the Services.
6. Site registration
In order to use the Services, the User must register on the Site or on the Services, by filling in the forms provided for this purpose. The User must provide all information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically opens an account in the User’s name (hereinafter referred to as the “Account”).
The User warrants that all information provided in the registration form is accurate, up-to-date and truthful, and is not misleading.
The User is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Account shall constitute proof of his/her identity. The information entered by the User is binding upon validation.
8. Data
The User expressly acknowledges and accepts:
(i) that the data collected on the site and on Batteries for People’s computer equipment are proof of the reality of the operations carried out within the framework of the present contract;
(ii) that this data constitutes the only form of proof accepted between the parties, in particular for the calculation of sums due to Batteries for People.
The User may access this data in his Personal Area.
8. Obligations of the User
Without prejudice to the other obligations set forth herein, the User undertakes to comply with the following obligations:
8.1 In using the Services, the User undertakes to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.
In particular, the User is solely responsible for complying with all administrative, fiscal and/or social formalities, and for paying all contributions, taxes or duties of any kind that may be due in connection with the use of the Services. Under no circumstances shall Batteries for People be held liable for any proof admitted between the parties, in particular for the calculation of sums due to Batteries for People.
8.2 The User acknowledges that he/she has familiarized himself/herself on the Site with the characteristics and constraints, particularly technical, of all the Services. The User is solely responsible for his/her use of the Services.
8.3 The User is informed and accepts that the implementation of the Services requires that he/she be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.
8.4 The User is also solely responsible for the relationships he/she may establish with other Users and the information he/she communicates to them in the context of the Services. It is the User’s responsibility to exercise due care and discretion in such relationships and communications. The User further undertakes to observe the usual rules of politeness and courtesy in his dealings with other Users.
8.5 The User undertakes to make strictly personal use of the Services. Consequently, the User agrees not to assign, concede or transfer all or part of his rights or obligations hereunder to a third party in any manner whatsoever.
8.6 The User undertakes to provide all information necessary for the proper performance of the Services, in particular for the calculation of sums due to Batteries for People. More generally, the User undertakes to cooperate actively with the parties, in particular for the calculation of sums due to Batteries for People, with a view to the proper performance of the Services.
8.7 The User is solely responsible for the content of any kind (editorial, graphic, audiovisual or other, including any name and/or image chosen by the User to identify him/her on the site) that he/she disseminates within the framework of the Services (hereinafter referred to as “Content”).
The User warrants to Batteries for People that he/she has all the rights and authorizations necessary to distribute such Content.
The User undertakes to ensure that the aforementioned Content is lawful, does not infringe public order, public morality or the rights of third parties, does not violate any legislative or regulatory provision and, more generally, is in no way likely to bring into play the civil or criminal liability of Batteries for People.
The User thus refrains from distributing, in particular and without this list being exhaustive :
– Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist,
– infringing Content,
– Content that impugns the image of a third party,
– misleading or deceptive Content, or Content proposing or promoting illicit, fraudulent or deceptive activities,
– Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
– and more generally Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner or form whatsoever.
8.8 The User acknowledges that the Services offer an additional, but not alternative, means of achieving the same objective, and that this solution is not a substitute for these other means.
8.9 The User is hereby informed and accepts that in order to use the Services, he/she must be connected to the Internet, and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.
8.10 The User using the Certification Kit undertakes to carry out the diagnosis of his battery using the material and equipment supplied, in accordance with the conditions laid down by Batteries For People. The User undertakes not to damage the material and equipment provided in the Kit, and to return it using the stamped envelope provided in the Kit, to the address shown on the envelope, within 7 days of the diagnosis being carried out, and within 30 days of the date of receipt of the Kit.
10. User warranty
The User indemnifies Batteries for People against any and all complaints, claims, actions and/or demands that Batteries for People may suffer as a result of the User’s breach of any of its obligations or warranties under these terms and conditions.
The User undertakes to indemnify Batteries for People for any loss suffered by Batteries for People and to pay all costs, charges and/or judgments that Batteries for People may incur as a result.
11. Prohibited behavior
11.1 It is strictly forbidden to use the Services for the following purposes:
– carrying out illegal or fraudulent activities or activities that infringe the rights or safety of third parties,
– undermining public order or violating applicable laws and regulations,
– intrusion into a third party’s computer system or any activity likely to harm, control, interfere with or intercept all or part of a third party’s computer system, or violate its integrity or security,
– sending unsolicited e-mails and/or commercial prospecting or solicitation,
– manipulations intended to improve the referencing of a third-party site,
– aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
– and more generally any practice that diverts the Services to purposes other than those for which they were designed.
11.2 Users are strictly forbidden to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies or any other element of the Batteries for People site.
11. 3 The following are also strictly prohibited (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into Batteries for People’s systems, (iii) any misappropriation of the site’s system resources, (iv) any actions likely to impose a disproportionate load on the latter’s infrastructures, (v) any breach of security and authentication measures, (vi) any act likely to prejudice the financial, commercial or moral rights and interests of Batteries for People or its site users, and more generally (vii) any breach of these terms and conditions.
11.4 It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or to the Site, as well as to the information hosted and/or shared therein.
10.5 It is strictly forbidden to summarize, modify or alter the information contained in a Certificate or Check-up without prior authorization from the publisher.
12. Penalties for breaches
In the event of a breach of any of the provisions of these terms and conditions or, more generally, an infringement of the laws and regulations in force by a User, Batteries for People reserves the right to take any appropriate measure and, in particular, to :
(i) suspend or terminate access to the Services of the User who has committed or participated in the breach or infringement,
(ii) remove any content posted on the site,
(iii) publish on the site any information message that Batteries for People deems useful,
(iv) notify any relevant authority,
(v) take any legal action.
13. Liability and warranty of Batteries for People.
13.1 Batteries for People undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
13.2 Batteries for People has no knowledge of the Content placed online by Users within the framework of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and with respect to which it acts solely as a hosting service provider.
Consequently, Batteries for People cannot be held responsible for Content whose authors are third parties, and any claim must be directed in the first instance to the author of the Content in question.
Content that is prejudicial to a third party may be notified to Batteries for People in accordance with Article 6 I 5 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy. Batteries for People reserves the right to take the measures described in Article 12.
13.3 Batteries for People declines all responsibility for any loss of information accessible in the User’s Personal Space, as the User must save a copy and may not claim any compensation in this respect.
13.4 Batteries for People undertakes to carry out regular checks to verify the operation and accessibility of the Site. Batteries for People therefore reserves the right to temporarily interrupt access to the site for maintenance purposes. Likewise, Batteries for People shall not be held liable for any temporary difficulties or impossibilities in accessing the site due to circumstances beyond its control, force majeure or disruptions to telecommunications networks.
13.5 Batteries for People does not guarantee Users (i) that the Services, which are subject to constant research to improve performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and not offered solely for the use of a given User according to his own personal constraints, will specifically meet his needs and expectations.
13.6 In any event, the liability that Batteries for People may incur hereunder is expressly limited to proven direct damages suffered by the User.
14. Intellectual property rights
The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used by Batteries for People within the site are protected by all intellectual property rights or database producers’ rights in force. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of Batteries for People are strictly prohibited and may be subject to legal action.
15. Personal data
Batteries for People practices a personal data protection policy, the characteristics of which are explained in the document entitled “Private policy“, which the User is expressly invited to read on the Site.
16. Advertising
Batteries for People reserves the right to insert on any page of the Site and in any communication to Users any advertising or promotional messages in a form and under conditions of which Batteries for People shall be the sole judge.
17. Links and third-party sites
Batteries for People shall under no circumstances be held liable for the technical availability of websites or mobile applications operated by third parties (including any of its partners) to which the User may have access via the Site.
Batteries for People assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.
Batteries for People is also not responsible for transactions between the User and any advertiser, professional or merchant (including any of its partners) to which the User may be directed via the site, and shall not be a party to any disputes whatsoever with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations or any other obligations whatsoever to which such third parties are bound.
18. Duration of Services, deregistration
The Services are subscribed to for an indefinite period.
The User may unsubscribe from the Services at any time, by sending a request to this effect to Batteries for People by email, using the contact details mentioned in article 2.
Unsubscription is effective immediately. It results in the automatic deletion of the User’s Account.
19. Modifications
Batteries for People reserves the right to modify these terms and conditions at any time.
The User will be informed of such modifications by any appropriate means.
Any User who does not accept the modified general terms and conditions must unsubscribe from the Services in accordance with the procedures set out in article 18.
Any User who uses the Services after the entry into force of the modified general terms and conditions is deemed to have accepted these modifications.
20. Language
In the event of translation of the present terms and conditions into one or more languages, the language of interpretation shall be the French language in the event of contradiction or dispute as to the meaning of a term or provision.
21. Applicable law and jurisdiction
These terms and conditions are governed by French law.
In the event of any dispute concerning the validity, interpretation and/or performance of these terms and conditions, the parties agree that the courts of Paris shall have exclusive jurisdiction, except in the event of mandatory procedural rules to the contrary.
22. Entry into force
These terms and conditions come into force on 10/10/2019.