General terms and conditions of use

Introduction

A 100% subsidiary of the Michelin Group, Manufacture Française des Pneumatiques Michelin is a société par actions simplifiée (simplified joint-stock company) with share capital of €504,000,004, headquartered at place des Carmes Déchaux 63000 Clermont-Ferrand, France (hereinafter referred to as “the Company”).

These General Terms and Conditions of Use apply to the ViaMichelin website (hereinafter referred to as “the Website”) and to the mobile and tablet applications (hereinafter referred to as “the Applications”) and/or their localized versions, published by Manufacture Française des Pneumatiques Michelin. Users hereby acknowledge that they have obtained all necessary information from the Company prior to accessing the services offered by the Website and/or the Applications, and that they unreservedly accept these General Terms and Conditions of Use.

Accordingly, these General Terms and Conditions of Use govern the relationship between the Company and any user of the Website and/or Applications. These general conditions of use apply from the first connection to the Website and/or the Applications by the user, who agrees to be subject to the rights and obligations hereof without reservation. In the absence of agreement by the user to these General Terms and Conditions of Use, the user is not authorized to use the Website and/or the Applications.

1. Purpose

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.

2. Contractual Documents

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

3. Changes and Upgrades

3.1 Changes and Upgrades to Services

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.

3.2 Changes and Amendments to the General Terms and Conditions of Use

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.

4. Users’ Obligations

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.).

5. Hyperlinks

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.

6. Liability

6.1 Liability of the Company

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.

6.2 Liability for Third-Party Services

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.

7. Property

7.1 Company Content

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.

7.2 Third-Party Content

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.

8. Personal Data

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.

9. Breach of the General Terms and Conditions of Use

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.

10. Agreement with Respect to Proof

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.

11. Registered Address and Notification

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

12. Customer Service

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 “Contact us“.

13. Governing Law and Jurisdiction

These General Terms and Conditions of Use are governed by French law.
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 relating to the conclusion, validity, interpretation, performance or termination of these General Terms and Conditions of Use shall be submitted to the French courts under the conditions of common law.

(Version 17 – 10/2023)

Terms of My Michelin Account

The Terms of Use of My Michelin Account are available here: https://michelinid.michelin.com/s/iam-termsofuse?language=fr

Terms and Conditions of Use of the Application Guidance Service

Overview of the Guidance Service:

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.

1. Purpose

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.

2. Personal Information

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.

3. Terms and Conditions of Use of the Guidance Service

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 user account via the My Michelin Account service.

4. Compliance with Road Safety Regulations

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.

5. Liability

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.

6. Miscellaneous

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.

ANY FAILURE BY THE USER, WHEREVER LOCATED, TO COMPLY WITH ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS OF USE AND, MORE GENERALLY, ANY DISPUTE CONCERNING THEIR EXECUTION, INTERPRETATION OR VALIDITY, SHALL BE SUBJECT TO FRENCH LAW AND TO THE COMPETENT FRENCH COURTS UNDER THE CONDITIONS OF COMMON LAW.