The purpose of these General Terms and Conditions of Use is to set out the terms and conditions governing access to and use of the Website and/or the Applications, as well as the rights and obligations that arise as a result.

The contractual documents, in decreasing order of priority, are:

• the specific conditions of use for certain services (including, but not limited to, the conditions of use of the Guidance Service), the conditions of use of which are set out following these General Terms and Conditions of Use;
• these General Terms and Conditions of Use.

In the event of a contradiction between documents of different types, it is expressly agreed that the provisions contained in a document with a higher rank will prevail over the obligations with which there is a conflict of interpretation.

The modules identified below are also subject to the associated user licenses:
MapLibre: https://github.com/maplibre/maplibre-gl-js/blob/main/LICENSE.txt

The Company reserves the right to make changes and/or improvements and/or developments to the Website and/or Applications.

The Company reserves the right to modify the terms and conditions of access to the services, particularly in technical terms.

Furthermore, the Company reserves the right to discontinue, permanently or temporarily, one or more services available on the Website and/or Applications.

Consequently, users acknowledge and accept that no compensation may be awarded to them in respect of a modification to one or more of the services offered by the Company on the Website and/or Applications.

The Company may, at any time and without notice, modify the terms of these General Terms and Conditions of Use. Such amendments will take effect when they are put online on the Website and/or Applications.

Any access or use of the Website and/or Applications after the relevant Terms and Conditions of Use take effect will be deemed acceptance of the new General Terms and Conditions of Use for the services offered.

Therefore, users of the Website and/or Applications are recommended to regularly review the General Terms and Conditions of Use, which can be viewed on the Website and Applications, to learn of any changes and/or amendments thereto.

The Company grants users of the Website and/or Applications the right to access and use the Website and/or Applications exclusively for private, non-commercial use. Any collective and/or commercial use is strictly prohibited.

Users undertake to comply with these General Terms and Conditions of Use when using the Website and/or Applications.

The user undertakes to use the Website and/or Applications and all the information to which they may have access on the Website and Applications only for purposes that comply with public order, good morals, the rights of third parties and of the Company, as well as with the ethical rules that regulate the Internet.

Users shall not commit any act that may jeopardize the IT security of the user or of other users of the Website and/or Applications and shall not disrupt other users’ use of the Website and/or Applications.

The user undertakes to inform the Company, by registered letter with acknowledgement of receipt, of any complaint, legal action or claim to which they may be subject, and which may have consequences on these General Terms and Conditions of Use.

Furthermore, users shall not perform automatic searches on the Website and/or Applications in any form (software, metasearch engines, etc.).

The creation of a link to the Website and/or Applications without the express prior authorization of the Company is prohibited. In any event, hypertext links to the Website and/or one of the Applications must be removed at the first request of the Company.

As a result, in particular, the following are prohibited:

• any inline linking enabling the Internet user to automatically view content from the Website and/or the Applications in a specific location;
• any framing link enabling a page of the Website and/or Applications to appear in a frame within the page of the Website or Application visited by the Internet user;
• any link from websites that breach the prohibitions set out in the clause entitled “Prohibitions” of these General Terms and Conditions of Use.

By the present terms and conditions of use and by derogation to the article “Ownership” of these General Terms and Conditions of Use, the Company authorizes users to create:

• one or more simple hypertext links pointing to the home page of the Website and/or Applications;
• one or more simple hypertext links pointing to the home page of the various sections of the Website and/or Applications;
• one or more hypertext link(s) pointing to a map, an itinerary, a list of points of interest and/or a description sheet, following the instructions of the Website and/or Application services offering this option.

The Company undertakes to use its best efforts to provide users with accurate and verified information, but cannot guarantee the accuracy, completeness or timeliness of the information published on the Website and/or the Applications.

The Company undertakes to use its best efforts to ensure that the Website and/or the Applications are available to users at all times. Nevertheless, the Company shall not be held liable in the event of partial or total unavailability of the Website and/or Applications, for any reason whatsoever. In any event, the user may not invoke a difficulty in accessing the Website and/or the Applications to access information in fraud of these General Terms and Conditions of Use.

The Company cannot be held liable by users of the Website and/or Applications for indirect and/or unforeseeable damage suffered by the user.

Indirect losses include inter alia the loss of data, time, profits, turnover, margins, orders, customers, business, revenue and sales actions, as well as injury to brand image, expected results and third-party actions. Nor can the Company be held liable for any orders or investment decisions based on information contained on or accessible through the Website and/or the Applications.

Finally, the user is informed of the risks inherent in the use of the Internet, particularly in terms of lack of security in the transmission of data, and acknowledges having the skills and means necessary to access and use the Website and/or the Applications. Under no circumstances will the Company be held liable for these risks and their consequences, harmful to the user to any extent whatsoever.

The Website and/or Applications may contain links to third-party websites such as rental companies, hoteliers, hotel reservation platforms offering a number of services, as well as content or services offered directly to users by third parties, restaurateurs, weather information providers, etc. (hereinafter referred to as “Third-Party Services”). The Company has no control over the providers of third-party Services and therefore assumes no responsibility for the quality, availability or content of third-party Services.

Consequently, the Company shall not be liable in any way for any direct or indirect damage that may arise from the User’s use of third-party Services.

The elements belonging to the Company, such as the Website, the Applications, and their contents such as trademarks, designs, models, images, sound clips and videos, texts, photos, logos, graphic guidelines, software, the search engine, databases, taken as a whole or individually, without this list being exhaustive, are the exclusive property of the Company.

These General Terms and Conditions of Use do not imply any transfer of intellectual property rights of any kind on the elements belonging to the Company for the benefit of users.

The following are therefore unlawful, without this list being exhaustive:

• any adaptation, making available to the public at its request or not, distribution, rebroadcasting in any form whatsoever, networking, public communication of all or part of the Services, works, services, trademarks and all elements protected or likely to be protected by intellectual property law reproduced on the Website and/or Applications;
• any extraction or reuse, including for private purposes, of a substantial part of the content of the databases constituted by the Website and/or Applications;
• any repeated and systematic extraction or reuse, including for private purposes, of even a non-substantial part of the content of the databases constituted by the Website and/or Applications;
• any link, access, modification, addition or deletion that concerns the automated online publication processing system and modifies the publication conditions or the editorial policy;
• any action having the effect of creating an analogy or confusion in the mind of the public between the Services of the Website and/or the Applications and the products or services of third parties. To this end, the user undertakes to take all necessary measures to protect the said rights against all third parties and, in particular, to maintain in good condition all indications of ownership on all data, information and, more generally, on the elements that can be consulted on the Website and/or the Applications or that are communicated to him by the Company;
• fraudulently accessing and remaining on an automated data processing system;
• fraudulently deleting, modifying or adding data to such systems;
• hindering the operations of such systems.

In this respect, any use not expressly authorized in writing and in advance by the Company is prohibited and constitutes an infringement. Any user who breaches these General Terms and Conditions of Use will be subject to civil and criminal actions intended to sanction inter alia infringements of copyright, neighboring rights, the rights of database creators and automated data processing systems.

Elements owned by third parties, including, but not limited to, websites, trademarks, designs, models, images, audio and video clips, texts, photos, logos, graphic charters and software (hereinafter referred to as “Third-Party Content”), are the sole property of their authors and are therefore protected by copyright, trade mark rights or any other right recognized by the laws in force.

These General Terms and Conditions of Use do not imply any transfer of intellectual property rights of any kind to third-party Content for the benefit of users unless expressly authorized by the Company or its author. Consequently, users shall not infringe such rights in any manner.

Users acknowledge that, insofar as third-party Content expressly refers to the websites on which it is available, no confusion of any kind is possible and that such elements and content cannot reasonably be presumed to be the property of the Company.

The terms and conditions governing the processing of personal data collected by the Company when using the Website and/or Applications are governed by the provisions of the Personal Data Protection Charter.

In the event of a breach of the obligations of these General Terms and Conditions of Use, the Company may take any measures it deems appropriate with regard to the user at the origin of the breach.

All correspondence that the parties exchange has probative value and is therefore binding on them.

The computerized registers kept in the Company’s computer systems will be kept under generally secure conditions and will be considered as proof of communication between the parties.

Access to services is archived and stored on a reliable and durable medium that can be used as proof.

The Company’s registered address is the address shown on the Website and/or the Applications.

For any information or questions relating to the use of the Website and/or Applications, the Company’s customer service department is available to users by clicking on the “Contact us” section.

These General Terms and Conditions of Use are governed by the law of the user’s domicile or habitual residence. The foregoing applies to both substantive and procedural rules, regardless of the place from which users access the services and regardless of the content of the data.

Any dispute arising in connection with the performance of these General Terms and Conditions of Use may, before any legal action is taken, be submitted to the Company for amicable settlement.

In the event of a dispute, the user may also have recourse to a mediation procedure and, in particular, send a written complaint to the mediator appointed by the Company, CNPM MÉDIATION CONSOMMATION, via the procedure described on the website cnpm-mediation-consommation.eu/.

The User is also informed that he may have recourse to the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No. 524/2013. This platform can be accessed via the following link webgate.ec.europa.eu/odr/.

Any dispute arising out of or in connection with the conclusion, validity, interpretation, performance or termination of these General Terms and Conditions of Use shall be submitted to the courts of the jurisdiction in which the user has their domicile or habitual residence, unless otherwise provided by mandatory procedural rules.

(Version 18 – 06/2024)

The purpose of these General Terms and Conditions of Use (the “GTCU“) is to define the terms and conditions of use of the ViaMichelin account (hereinafter the “ViaMichelin Account“).

The ViaMichelin Account is a service published and made available to people who use one of the local versions of the ViaMichelin website or the ViaMichelin mobile or tablet application and their associated services (the “Users“) by Manufacture Française des Pneumatiques Michelin (hereinafter the “Company“), a simplified joint stock company with capital of €504,000,004, registered with the Clermont-Ferrand Trade and Companies Register under number 855 200 507.C.S. Clermont-Ferrand under number 855 200 507 and whose registered office is located at place des Carmes Déchaux, 63040 Clermont-Ferrand, France.

The ViaMichelin Account is accessible from the ViaMichelin website and its local versions (hereinafter the “Site“) and/or its mobile and tablet applications (hereinafter the “Applications“), published by Michelin.

By creating and using the ViaMichelin Account, the user acknowledges that they have read and accept without reservation the entirety of these GTCU.

1.1. Conditions of eligibility

To be able to create and use a ViaMichelin Account, the User must have the necessary legal capacity and have reached the required legal age.

If this is not the case, the ViaMichelin Account can only be created and used under the authority and supervision of its legal representative.

It is not possible for a person to have two ViaMichelin Accounts.

Use of the ViaMichelin Account is limited to individual and personal use. Any collective, commercial and/or commercial use is strictly forbidden.

1.2. ViaMichelin Account creation

The steps for creating a ViaMichelin Account are as follows:

• Step 1: By clicking on the button on the Site or Applications dedicated to the ViaMichelin Account and then on the “Register” link, the User is first invited to fill in a registration form. At the very least, they fill in the information on the account creation form identified as mandatory.

• Step 2: The user receives an e-mail at the address provided asking him to confirm the creation of their ViaMichelin Account. He then has 7 days from the date of sending this email to confirm the creation of their ViaMichelin Account. After this period, the User must contact Customer Service to activate their account.

• Step 3: The User is then directed to a web page asking him to choose a password associated with their ViaMichelin Account: this password must contain at least eight characters, a lower-case letter, an upper-case letter, a number and a special character. He will have to enter this password twice to finalize their registration, then he will have direct access to their ViaMichelin Account. At the same time, a welcome email will have been sent to the customer, enabling them to enter their personal details and vehicles.

The Company may also provide Users with the possibility of registering and logging in using the login and access codes used for other online services (social networks, etc.). The Company then delegates the management of registration and/or connection to the providers of these online services and under no circumstances collects Users’ identifiers and passwords.

When registering, the User must provide accurate and up-to-date information.

The User must therefore provide a valid e-mail address. An e-mail address cannot be used more than once to create several ViaMichelin Accounts.

1.3. ViaMichelin Account login

Users can log into their ViaMichelin Account from the Site or the Applications.

The ViaMichelin Account features available may vary depending on the local version of the Website or Application from which the User connects.

If the User loses or forgets their password, they can go to the Site and click on the “Forgot your password?” link on the ViaMichelin Account login form. They will then be asked to enter the email address with which they registered and to validate it. An email with a link to change the password will be sent. This link redirects the User to a web page asking them to choose their new password and confirm it.

If the User’s password has been compromised, or if the User suspects that their password may have been compromised, the User must renew their password immediately by following the process described above or by contacting the Company’s Customer Service Department.

Various services and features can be accessed from or via your ViaMichelin Account. In particular, you may be asked to:

• Complete your profile with your vehicle and/or travel preferences,
• Save your route calculation preferences,
• Access your favorite information: points of interest, addresses, itineraries, etc.,
• Participate in competitions, surveys and questionnaires.

The various services and features of the ViaMichelin Account may be subject to specific terms and conditions.

The User acknowledges that the ViaMichelin Account is subject to change and that services may be adapted accordingly.

The user agrees to use the ViaMichelin Account in a fair manner, in accordance with the GTCU and all applicable regulations. Users undertake not to infringe the rights of third parties or public order.

Users are solely responsible for the content they publish when using their ViaMichelin Account. They guarantee the Company that they have all the rights and authorizations necessary for the distribution of this content.

The User is therefore prohibited from, but not limited to, the following:

1. Harming the proper operation of the ViaMichelin Account or the Company’s computer systems (use or loading of viruses, malicious code, etc.); disseminating Content that is pornographic, obscene, indecent, offensive, defamatory, abusive, violent, racist, xenophobic or revisionist,
2. Disseminating infringing Content,
3. Disseminating Content that is detrimental to the image of a third party,
4. Disseminating Content that is misleading or deceptive, or that proposes or promotes illicit, fraudulent or deceptive activities, or that could incite the commission of crimes or offences.
5. and more generally any Content likely to infringe, in any way and in any form whatsoever, the rights of third parties or of the Company, and in particular intellectual property rights, such as copyright, database rights, trademark or patent rights, or personality rights, such as the right to privacy, image, honor or dignity.

It is also strictly forbidden to set up a hypertext link to illegal content as defined above.

The User acknowledges that the Company may verify by any means it deems useful the content and opinions posted online, either directly or by calling on the services of a moderator. Users hereby acknowledge that the Company has the right, at its sole discretion and without the right to claim any compensation whatsoever, to delete any content or notice which it considers to be contrary to the laws and regulations in force, and in particular to the prohibitions set out in these GTCU, or which has been reported to it as such by the judicial authorities.

The User may request, at any time, that the Company’s Customer Service Department modify or remove any content published by the User, indicating the date of publication and the subject of the content. In the event of a request for removal, this content will be removed from the User’s ViaMichelin Account and its publications but may continue to be used and exploited within the limits of the license granted by the User under the “Intellectual property” article of these GTCU.

Users may also report the publication of any illicit content of which they are aware by contacting the Company’s Customer Service Department. The User may be held liable for any abuse of this right.

Subject to compliance with these GTCU and the documents they refer to, the Company grants the User the right to make personal use of their ViaMichelin Account.

Unless expressly stated to the contrary, the provision and use of the ViaMichelin Account, as well as these GTCU, do not entail any transfer of intellectual property rights of any kind whatsoever.

When the User publishes or shares content via their ViaMichelin Account, he grants the Company, to the extent permitted by applicable regulations, a non-exclusive, transferable, sub-licensable and free license to host, use, exploit, distribute, modify, reproduce, publicly represent or publicly display, translate and create derivative works from such content. This license is valid for the whole world and for the duration of the protection of this content by an intellectual property right.

To access the services and features of the ViaMichelin Account, the User must have a login and password.

The User is solely responsible for the preservation and confidentiality of their login and password and of the data they transmit.

We recommend:

• Using a complex password;
• Changing your password regularly;
• Not using a password that has already been used for another service.

The User undertakes to take all necessary steps to ensure that such information remains completely confidential.

The User undertakes not to communicate, transfer, sell or rent their login and/or password to a third party.

In any event, the user is solely responsible for the use of their ViaMichelin Account under their login and password.

The content published on the ViaMichelin Account is provided “as is” without any express or tacit guarantee of any kind whatsoever, with the exception of applicable legal guarantees such as the legal guarantee of conformity from which the User benefits where applicable and which he may implement in accordance with the provisions of articles 224-25-12 et seq. of the French Consumer Code.

In providing the ViaMichelin Account, the Company makes no commitment to quality, in particular with regard to service levels, accessibility rates or availability.

The Company may not be held liable in the event of contamination of computer equipment resulting from the propagation of a virus or other computer infection. It is the User’s responsibility to take all appropriate measures to protect their computer equipment.

Under no circumstances may the Company, its employees, its suppliers, or the partners mentioned in the ViaMichelin Account be held liable, under an action for contractual liability, tort liability or any other action, for any direct or indirect damage, incident or accessory, or of any nature whatsoever or for any loss, in particular, of a financial or commercial nature, resulting from the use of the ViaMichelin Account or from any information obtained on the ViaMichelin Account. The limitations of liability set forth in this clause shall not apply in the event of (i) fraud or willful misconduct by either party; (ii) death or personal injury.

The ViaMichelin Account may contain simple or deep links to partner sites of the Company or third parties, with the authorization of the latter in the case of deep links. The Company has no control over these sites and therefore assumes no responsibility for their accessibility, relevance, availability, content, advertising, products and/or services available on or from these sites. Thus, the Company is in no way liable for any direct or indirect damage that may arise from the User’s access to or use of the partner site, or from the site’s failure to comply with any regulations.

Users may close their ViaMichelin Account at any time by contacting the Company’s customer service department directly. If the ViaMichelin Account is not used for a period of two (2) years it will be automatically deleted.

In the event of non-compliance with these GTCU, the User may be subject to the following measures: deletion of all or part of its content, suspension of its ViaMichelin Account or closure of its ViaMichelin Account and prohibition of any registration on all of the Company’s sites, without prejudice to any other claim and/or legal action that the Company may deem appropriate to initiate.

The Company may modify the features and services of the ViaMichelin Account, as well as these GTCU, at any time.

The Company is under no obligation to make available, provide and maintain for the benefit of Users all of the ViaMichelin Account features and services described in these GTCU. The Company may thus at any time and at its sole discretion suspend, interrupt or stop providing the ViaMichelin Account to Users without incurring any liability as a result.

Consequently, the User acknowledges and accepts that no compensation may be awarded to them for any of the modifications to the ViaMichelin Account or its termination.

If any provision of these GTCU is held to be unlawful, void or for any reason unenforceable, such provision shall be deemed severable from these GTCU and shall not affect the validity and enforceability of any remaining provisions.

The Company collects and/or processes personal data relating to the User in connection with the provision of the ViaMichelin Account.

The terms and conditions for processing personal data collected by the Company when using the ViaMichelin Account are governed by the provisions of the Personal Data Protection Charter.

These GTCU are governed by the law of the user’s domicile or habitual residence. The foregoing applies to both substantive and procedural rules, regardless of the place from which users access the services and regardless of the content of the data.

Any dispute arising in connection with the performance of these GTCU may, before any legal action is taken, be submitted to the Company for amicable settlement.

In the event of a dispute, the user may also have recourse to a mediation procedure and, in particular, send a written complaint to the mediator appointed by the Company, CNPM MÉDIATION CONSOMMATION, via the procedure described on the website cnpm-mediation-consommation.eu/.

The User is also informed that he may have recourse to the online dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No. 524/2013. This platform can be accessed via the following link webgate.ec.europa.eu/odr/.

Any dispute arising out of or in connection with the conclusion, validity, interpretation, performance or termination of these GTCU shall be submitted to the courts of the jurisdiction in which the user has their domicile or habitual residence, unless otherwise provided by mandatory procedural rules.

For any information or questions relating to the use of the ViaMichelin Account, the Company’s customer service department is available to users via the dedicated contact form accessible via “Contact us“.

The GPS guidance feature enables the user to reach a destination by displaying the Michelin map for navigation, as well as detailed instructions and voice guidance. The navigation map designed by Michelin adapts its style to day or night driving and displays the traffic situation on the route.

GPS guidance incorporates speed limits, which are displayed at all times, with a visual alert in the event of speeding.

The user will also be alerted to danger zones on the road and traffic events in real time (traffic jams, roadworks, accidents, road conditions, closures, etc.).

Navigation is periodically refreshed to provide a more accurate estimate of time to arrival and traffic conditions.

If the user leaves the route, a new route is recalculated, taking into account the traffic and the initially chosen route, if several alternative routes were proposed.

These Terms and Conditions of Use govern any use by the user of the guidance service offered by the Company on the Applications (feature not available on the Website).

The user explicitly and unreservedly accepts these terms and conditions, which may be modified by the Company at any time, simply by using the guidance service offered on the Applications.

If you do not agree to these Terms and Conditions of Use, you are not authorized to use this service.

The terms and conditions governing the processing of personal data collected by the Company in connection with the use of the Guidance Service are governed by the provisions of the Personal Data Protection Charter.

The Company offers users the possibility of using the Guidance Service and grants them the right to use it exclusively for private, non-commercial purposes. Any collective and/or commercial use is strictly prohibited.

The user undertakes to use this Service in accordance with the regulations in force.

In particular, the Company urges the user to exercise due care and caution in their driving behavior.

It is hereby stipulated that in order to be able to register a Home address and a Work address as departure or arrival points for the guidance service, the user must have created a ViaMichelin account.

Users are reminded that they are responsible for complying with all applicable road safety and traffic regulations, whatever their location.

Users are also reminded that in France, the use of a hand-held telephone while driving is prohibited (article R412-6-1 of the Highway Code).

Since July 1, 2015, it has also been forbidden for drivers of vehicles in traffic to wear any device capable of emitting sound in their ears, with the exception of electronic hearing correction devices. Earpieces for making calls or listening to music are included in this ban.

The user remains fully and entirely responsible for complying with the Highway Code and applicable road safety regulations, regardless of location, and the Company may not be held liable in this respect under any circumstances or under any pretext whatsoever.

The Company undertakes to use its best efforts to provide users with accurate and verified information, but cannot guarantee the accuracy, completeness or timeliness of the information provided by the Application Guidance Service.

The Company undertakes to use its best efforts to ensure that the Application Guidance Service is available to users at all times. Nevertheless, the Company shall not be held liable in the event of partial or total unavailability of the Application Guidance Service, for any reason whatsoever.

In any event, the user may not invoke any difficulty in accessing the Application Guidance Service to justify any claim against the Company.

In any event, the Company may not be held liable, in particular (but not exclusively), for the unavailability of the Guidance Service, its operation, the route chosen and indicated by the Guidance Service, the journey time indicated, the state of traffic and the price of tolls advertised, etc.

The Company cannot be held liable by Guide Service users for indirect and/or unforeseeable damage suffered by the user.

Indirect losses include inter alia the loss of data, time, profits, turnover, margins, orders, customers, business, revenue and sales actions, as well as injury to brand image, expected results and third-party actions. Nor can the Company be held liable for any orders or investment decisions based on information contained on or accessible through the Website and/or the Applications.

Finally, the user is informed of the risks inherent in the use of the Internet, particularly in terms of lack of security in the transmission of data, and acknowledges having the skills and means necessary to access and use the Website and/or the Applications. Under no circumstances will the Company be held liable for these risks and their consequences, harmful to the user to any extent whatsoever.

The Company may modify the terms of these Terms and Conditions of Use at any time. The changes will involve the user when online. Therefore, it is recommended that users check the Terms and Conditions of Use on a regular basis in order to ensure full awareness of any new Terms and Conditions of Use.