DotVision – A corporation with registered capital of €53,330 – EU VAT number: FR13429029028
Headquarters: Ecopole de Senart – 42, rue de l'Innovation – 77550 Moissy-Cramayel – France
+ 33(0) 184 313 161 – firstname.lastname@example.org – https://www.dotvision.com/
- General Terms of Sale
General Terms of Sale
Between DotVision, headquartered at 42 rue de l’innovation, 77550 Moissy Cramayel, France, with capital of €53,330, registered with the Melun Trade & Companies Register under number 429 029 028, SIRET business registration number 429 029 028 000 74, represented by Guillaume Pelletier, in his capacity as Chief Executive Officer and duly authorized for the present purposes. The company can be reached by email, by clicking on the Contact form available on the homepage of the company’s website. Hereinafter referred to as the “Seller” or the “Company.” And the physical person or legal entity purchasing the Company’s tracking service. Hereinafter referred to as the “Buyer” or the “Customer.” It is hereby agreed as follows:
DotVision is certified for the French tax credit for research. As such, and subject to the provisions of Article 244 Quarter B and of Appendix III, Articles 49 septies F to 49 septies N, of the French General Tax Code, expenditures for research and development work entrusted to DotVision may be eligible for the French tax credit for research. The Seller makes geolocation products and services exclusively for consumer usage, sold on its website (http://motion.dotvision.com) and directly. A list of the products and services offered by the Company, along with their descriptions, can be viewed on the aforementioned website.
Chapter 1: General information
Article 1: Object
These General Terms of Sale define the parties’ rights and obligations in relation to the sale of the tracking solutions provided by the Seller.
Article 2: General provisions
These General Terms of Sale (GTS) apply to all rentals of trackers and sales of “codes” used to activate tracking for a specific event in the application, concluded on the Company’s website, and are an integral part of the contract between the Buyer and the Seller or directly with the Seller. The Seller reserves the right to modify these GTS at any time, by publishing a new version on its website. The applicable GTS will be those in effect on the date of payment for the order. These GTS can be accessed on the Company’s website, at the following address: https://motion.dotvision.com/home/CGV. The company also ensures that they have been clearly and unreservedly accepted, by means a checkbox and a confirmation click on the website, or approval of a quote stating “I Accept,” all of which shall constitute their acceptance. The Customer represents having read through all of these General Terms of Sale and, if applicable, the Special Terms of Sale specific to the event, and accepts them without restriction or reservation. The Customer acknowledges having received the necessary advice and information, to ensure that the proposed products and services meet the Customer’s needs. The Customer represents having the necessary status to enter into a legal agreement under French law or that the Customer legitimately represents the physical person or legal entity for which this commitment is being made. The information recorded by the Company shall constitute proof of all transactions, save in the case of proof to the contrary.
Article 3: Complaints
If necessary, the Buyer may submit any complaints to the Company, by means of the Contact form available on DotVision’s website (https://motion.dotvision.com/About/Contact), providing the order number and the Buyer’s full name.
Article 4: Intellectual property rights
The brands, domain names, products, software, images, video, texts and, more generally, any information covered by intellectual property rights are and shall remain the exclusive property of the Seller. These GTS shall entail no transfer of intellectual property rights. The complete or partial reproduction, modification or use of that property is strictly prohibited, regardless of the reason.
Article 5: Force majeure
Execution of the Seller’s obligations under these GTS shall be suspended in the case of a force majeure event or other extraordinary circumstances preventing their execution. The Seller will inform the Customer of the occurrence of any such event, as soon as possible.
Article 6: Nullification and modification of the contract
Should any of the stipulations set out in this contract be voided, that nullification will not entail the nullification of the other stipulations, which will remain in effect between the parties. Changes to the contract shall only be valid upon signature of a written amendment.
Article 7: Personal data protection
In accordance with the French Data Protection Act of January 6, 1978, you have the right to query, access, modify, challenge and correct your personal data and geolocation information. By accepting these General Terms of Sale, you are agreeing that we will collect and use those data for the purpose of this contract’s fulfillment. By providing your email address on one of the websites in our network, you will receive email containing information and promotional offers related to products sold by the Company and its partners. You can unsubscribe from those emails at any time. To do this, just click on the link provided at the bottom of the emails or write to the processing party (the Company) by registered letter with return receipt. We track traffic to all of our websites. To do this, we use tools like Google Analytics.
Article 8: Limited liability
In accordance with the law, DotVision is only responsible for any legal liability (pre-contractual, contractual or tort) if DotVision caused damage intentionally or by gross negligence. In cases of slight negligence, DotVision will not be liable to other companies and will only be liable to consumers for any bodily harm incurred. DotVision shall not be liable to companies for any subsequent damage, financial loss, loss of profits or damage resulting from third party claims. Unless legally compelled, DotVision and its affiliated companies will not be liable for damage caused by use of the content provided through use of the online platform or any misuse of the online platform or the mobile applications. This shall also apply to damage resulting from errors, problems, computer viruses or loss of data. DotVision assumes no responsibility for the hardware on which the application is downloaded. The registered user alone shall be responsible for any damage caused by the application to the user’s information system or any information lost after downloading the DotVision Motion platform. The registered user shall be exclusively responsible for any legal action of any kind, derived from or associated with conflicts with other users. The registered user acknowledges and accepts that DotVision will in no way be held responsible for other users’ actions and omissions, including any damage related to such actions and omissions.
Article 9: Governing law
All of the clauses contained in these General Terms of Sale, as well as all of the purchases that they cover, shall be subject to French law.
Chapter 2: Sales on the DotVision Motion website (http://motion.dotvision.com)
Article 1: Prices and refunds
The prices of the products sold on the website are provided in euros and are tax-inclusive, as shown on the product pages. They are provided again, in euros and tax-inclusive (with a breakdown of the VAT and/or any other taxes) on the order placement page. For this paid service, regardless of what may happen, in the case of any problems, DotVision will never reimburse the Customer for more than the amount that was originally paid.
Article 2: Conclusion of the online contract
To place an order, the Customer will be taken through a series of steps specific to each product sold by the Seller. The following steps, however, apply to all of the products: ➢ Information about the basic features of the product; ➢ Choice of product (and quantity, if applicable); ➢ Acceptance of these General Terms of Sale; ➢ Verification of the order information and correction of any errors; ➢ Entry of the Customer’s key information (name, email address, etc.); ➢ Payment for the products, as per the payment instructions; ➢ Delivery of the products. The Customer will receive an email confirmation, once the order’s payment has processed. The “code” will be available immediately, sent to the email address provided by the Customer. To reserve a tracker, the Customer will need to provide the full name, bib number and nationality of the tracker wearer(s). The trackers can be picked up at the event, at the place and on the dates provided. For the purpose of fulfillment of the order, and pursuant to Article 1316-1 of the French Civil Code, the Customer must provide accurate identifying information. The Seller reserves the right to reject an order, for example, in the case of an irregular request, one submitted in bad faith, or for any other legitimate reasons.
Article 3: Application
The main features of the application and its pricing are available to the Buyer on the Company’s website. The Customer represents having received the detailed conditions for payment, receipt of the “code” and execution of the contract. The Seller will honor the Customer’s order, within the limits of the number of available “codes” defined by the Seller for the event. Failing that, the Seller will notify the Customer. This contractual information is presented in detail and in the French language. In accordance with French law, they will be summarized for confirmation at the time of order placement. The parties agree that the illustrations and/or photos of the products available for sale are not contractually binding. The period of validity of the “code” and its pricing are stated on the Company’s website. Unless otherwise specified, the rights granted by virtue of these GTS are granted solely to the person placing the order (or the holder of the provided email address). Each “code” may only be used on one device. If entered in a second device, the first will be blocked and any data already collected on the application will be lost. In accordance with the legal provisions on compliance and hidden defects, the Seller will issue a refund or exchange any defective “codes” or any that do not match up with the corresponding order. Refunds can be requested using the Contact form available on DotVision’s website, providing the order number and the Customer’s full name.
Article 4: Reservation of trackers
The main features of the tracker and its pricing are available to the Buyer on the Company’s website. The Customer represents having received the detailed conditions for the payment, collection, return and security deposit for the tracker. The Seller will honor the Customer’s order, within the limits of the available stock defined by the Seller for the event. Failing that, the Seller will notify the Customer. This contractual information is presented in detail and in the French language. In accordance with French law, they will be summarized for confirmation at the time of order placement. The parties agree that the illustrations and/or photos of the products available for sale are not contractually binding. Unless otherwise specified, the rights granted by virtue of these GTS are granted solely to the person placing the order (or the holder of the provided email address). In accordance with the legal provisions on compliance and hidden defects, the Seller will issue a refund or exchange any defective trackers or any that do not match up with the corresponding order. Refunds can be requested using the Contact form available on DotVision’s website, providing the order number and the Customer’s full name.
Article 5: Retention of ownership
The sale of a “code” enables a service to be unlocked in the application. The application will remain the property of the Company, even after payment in full of the sales price. The reservation of a tracker enables its rental for an event. The tracker will remain the property of the Company, even after payment in full of the rental price.
Article 6: Delivery
”Codes” will be delivered to the email address provided at the time of order placement. If not received directly, the Customer should check their spam or junk mail folder. As a reminder, once the Customer takes possession of the application “code,” the risk of loss of the “code” is transferred to the Customer. Trackers are to be picked up and returned at the events site, at the places and on the dates specifically communicated for the event in question. The Customer may terminate this contract under the terms and conditions defined by Article L 138-2 of the French Consumer Code. The Seller will then refund the price of the product under the conditions set out in Article L 138-3 of the Consumer Code.
Article 7: Payment
Payment is due immediately at the time of order placement, including for any pre-ordered products. The Customer can make this payment by credit or debit card. Cards issued by banking institutions located outside France must necessarily be international credit/debit cards (Mastercard or Visa). Secure online card payments are handled by our payment provider, Stripe. Once the Customer has submitted payment, the transaction will be charged immediately, once the information has been verified. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay made by card is irrevocable. By communicating card information during order placement, the Customer is authorizing the Seller to charge that card in the amount of the indicated price. The Customer confirms being the legal holder of the card being charged and having the legal right to use it. In the case of an error, or if the charge is declined, the sale will be terminated immediately and automatically, and the order will be canceled.
Article 8: Cooling-off period
In accordance with Article L. 121-20 of the French Consumer Code, “[t]he consumer has 14 clear days in which to exercise his right of withdrawal without giving a reason therefor or incurring a penalty, with the exception, where applicable, of the cost of returning the goods [...] The time limit indicated in the preceding paragraph runs with effect from receipt of the goods or, for services, from acceptance of the offer.” This right of withdrawal can be exercised by contacting the Company via the Contact form on the Company’s website, providing the order number and the Customer’s full name. To invoke the cooling-off period, the service must not have been used and, therefore, the “code” must not have been entered in the application. In the case of exercise of the right of withdrawal within the aforementioned timeframe, only the price of the purchased product/service will be refunded. DotVision will deactivate the “code” before issuing the refund, making it unusable. In accordance with legal provisions, the withdrawal procedure entails submitting a request via the Contact form on the Company’s website, providing the order number and the Customer’s full name.
Article 9: Guarantees
In accordance with the law, the Seller assumes the following guarantee: validity of the provided “code.” The Seller will issue a refund to the Buyer or will exchange the “code,” if it is non-functional or does not match the corresponding order. Refund requests are to be submitted using the Contact form available on the Company’s website, providing the order number and the Customer’s full name. DotVision does not guarantee that motion.dotvision.com will always be available, or that the necessary hardware and software will be completely error-free. DotVision does not guarantee that the transmission of data over other systems, particularly the Internet and telecommunications networks, will not be tracked, recorded or altered by third parties. The user uses DotVision’s products and services at the user’s own risk. This applies, but is not limited to, the related use of any hardware, including but not limited to smartphones. Any use made of the data generated or supplied by DotVision, including but not limited to detailed altitude and distance measurements, may contain approximations or errors. Consequently and to the extent allowed by law, DotVision assumes no responsibility as to their accuracy.
Chapter 3: Sales concluded directly with the Seller
Article 1: SHIPMENT OF THE EQUIPMENT
For any services for which DotVision will not be on-site, the equipment will be shipped with a scheduled delivery to the Customer at least one day before the start of the event. After the event, the Customer is to send the equipment back to DotVision, within a maximum of three days. After that time, a late fee will be applied, in the amount of 5% of the total contract price, per day late. All shipping costs, to and from the Customer, will be paid by the Customer.
Article 2: SET-UP OF THE SYSTEM
To access the http://motion.dotvision.com platform from the race area, the Customer must provide high-speed Internet access. On-site, the Customer is responsible for logistics for the GPS devices: handling, distribution, collection, recharging, etc., and so must supply the human resources needed to perform those tasks. If on-site support (optional) is not included in the contract, the Customer must designate a person within the organization who will be responsible for the tracking. This will be the go-to contact person for DotVision, before, during and after the event, to ensure that the GPS tracking runs smoothly.
Article 3: SUPPLY OF THE EQUIPMENT
All of the equipment supplied by DotVision must be used and maintained with care. Special attention is to be given while cleaning the equipment after each use, as well as to charging the GPS trackers (for at least 3 hours), in the interest of optimal use by the Customer. Any equipment lost by the Customer will be invoiced at the following pre-tax amounts: Trackers: €150 / External batteries: €50 / Chargers: €30 / Aquapac cases: €30. The smartphones available for rental will only provide access to the DotVision application and to DotVision contact numbers. The Customer will be billed for any other use thereof.
Article 4: INSURANCE FOR THE EQUIPMENT
Mandatory insurance is provided as part of DotVision’s equipment rental packages, covering all risks of damage to the equipment provided by DotVision. The cost of the insurance is €2.50 per tracker (excluding tax). This insurance does not cover loss of the tracker (which will be billed to the Customer at €150 plus €5 for the SIM card).
Article 5: PAYMENT
Scenario 1: Short-term rental. Payment is made in two installments: a 30% down payment at the time of reservation of the GPS devices (non-refundable), and payment of the remaining balance on receipt of the invoice, after the event. The number of devices defined in the initial quote may be reduced, up to one month before the event. Beyond that point, the final quantity cannot be decreased by more than 5%. Scenario 2: Specific projects. The payment terms will be defined in the custom service proposal for the Customer’s project.
Article 6: EQUIPMENT WARRANTY
DotVision Motion’s GPS trackers are guaranteed for a period of one year from the date of purchase.
Article 7: CUSTOMER SERVICE
DotVision will provide a safety stock of GPS trackers for the Customer’s event (up to 5% of the initial order quantity). In the event of an equipment malfunction, a telephone hotline is available to diagnose the problem encountered by the Customer. Either the problems will be rapidly resolved with the hotline, or the equipment will need to be returned to DotVision at the address provided, and new equipment will be shipped by DotVision within 48 hours, if no safety stock is available at the Customer’s site. DotVision will cover the associated shipping costs.
Article 8: RETURN OF THE EQUIPMENT
The Customer must check the equipment’s condition after each use: external inspection, cleanliness and good working order. Any necessary repairs will be covered by the insurance taken out with signature of DotVision’s service agreement. In the case of an event for which the equipment was delivered in individual plastic pouches, it will need to be returned without them (they are disposable). Otherwise, a flat handling fee of €30 will be invoiced.
Article 9: RIGHTS
The data collected during the event are stored and made accessible for a period of one year after the event. The Customer agrees that DotVision may cite the event as a reference.
Article 10: VISIBILITY
The Customer must ensure that DotVision’s branding is visible on the relevant documents and media (website, press releases, etc.). The Customer must always associate the DotVision name with any references to live race tracking, such as “DotVision GPS tracking,” “Live tracking from DotVision,” “GPS tracking provided by DotVision,” etc.
Article 11: LIABILITY
The Customer recognizes that live tracking is subject to the constraints of GPS and/or GPRS technologies. DotVision may not be held liable for any incorrect data (due to poor GPS reception) or missing data (due to poor GPRS network coverage). The Customer is aware of DotVision’s obligation of due care.
Article 12: INTERNATIONAL USE
In the event of use of DotVision’s system abroad, additional communications charges may be applied to the Customer’s invoice.
Should any of the clauses contained in these GTU be found to be or become illegal, invalid or unenforceable in any particular jurisdiction, this will not affect the validity or the execution of that clause in any other jurisdiction, nor the validity or the execution of the other clauses contained in these GTU, regardless of the jurisdiction.
Data sharing is at the core of how DotVision Motion works (covering your geographic location, your personal information – full name, gender, date of birth, nationality, photo, contacts, email, telephone (including IMEI number and model), geographic positions transmitted during an activity or a battery test and the resulting statistics, and Google, Facebook and/or Microsoft identifier(s) – and anything else you want to provide during your use of the application). We claim no ownership of any information that belongs to you, and you will retain your full rights to the content that you submit to us. When you submit content to us by registering in the application and on the website, you accept full responsibility for that content, and you certify that you have the necessary rights to provide the following permissions: - To give DotVision Motion and its vendor, DotVision, as well as the companies with which we work, a non-exclusive, non-transferable license covering storage, copies (for purposes of redundant storage) and modification (for the purposes of disseminating and displaying that content); - To give DotVision Motion and its vendor, DotVision, a non-exclusive, non-transferable license to use that content to produce anonymized statistics, with Google Analytics for example.
DotVision may not be held responsible for the transmission of inaccurate location data, or for an unexpected shutdown of the application, such as due to loss of battery power. DotVision has no control over the power consumed by the device (which is dependent on screen brightness, other apps running in the background, searching for a signal, the quality of the battery itself, and so on) or over the quality of the GPS chip embedded in the telephone. To determine the device’s estimated battery life and GPS accuracy, DotVision offers its users a test mode that allows them to run test tracking, which is then used to assess the device’s estimated autonomy in tracking mode, as well as the accuracy of the GPS chip. Additionally, DotVision cannot guarantee the real-time transmission of the location sampling data, as this is associated with the telephone carrier’s network coverage. Finally, the application should not be considered as a safety mechanism and has not been certified by any safety organizations. The DotVision Motion app is used under the sole responsibility of the user.
The DotVision Motion app logs various tracking information in a dedicated file. That file may be sent to DotVision, in the interest of continuous improvement of the application. Its content is reset with each new tracking session and can be deleted at any time via the “My Device” page.
DotVision Motion user commitment
DotVision Motion users promise to use the application for the purpose of races organized with family, friends, co-workers, sports club members, participants in sporting events, and their audiences. The users agree not to divert the application from its intended use, as defined by these GTU, and, in particular, not to: - Break the law; - Infringe on another person’s privacy; - Use exaggerated quantities of resources that might impair the user experience.
Guarantees & disclaimer
The vendor will do everything in its power to improve and fix its applications every day. Despite those efforts, we cannot guarantee that our applications and our platforms will be bug-free. In the case of a malfunction in the DotVision Motion application or platform, DotVision may not be held liable in any way whatsoever, and the user shall not be entitled to any compensation. The online services and/or platforms may occasionally be limited, for reasons of maintenance, updates or technical issues. We will try to inform our users of any malfunctions. To the extent allowed by law, DotVision Motion is provided with no commitments or guarantees of any kind. For example, and except in countries where these guarantees are implicit, we make no commitment as to its contents, functioning, use, reliability, suitability for a particular use, absence of pirating, etc. In the case of an optional, paid service, regardless of what may happen, in the case of any problems, DotVision will never reimburse the Customer for more than the amount that was originally paid. To the extent allowed by law, the service’s vendor may not be held liable for any damage or loss, including loss of use, business data, sales, revenue, and so on.
Support and end of service
It is the intention of DotVision Motion’s vendor to offer a long-standing service, this initial version of the application being an experimental one. We reserve the right to modify or interrupt DotVision Motion, temporarily or even definitively, at any time, without notice or consent.
We plan to update our services on a regular basis. As a result, we may revise these GTU accordingly. Vendor: The vendor of the DotVision Motion service is DotVision, a simplified corporation with registered capital of €53,330, headquartered at 42 rue de l’innovation, 77550 Moissy Cramayel, France. Please submit any special requests by means of the Contact form available on our website at: https://motion.dotvision.com/About/Contact.