ARTICLE 3 - CONDITIONS OF ACCESS TO THE PLATFORM

 3.1 Equipment - Availability The Platform is accessible by the User who has created an account under the conditions defined below, at any time, 24 hours a day, 7 days a week, subject to the compatibility and performance of the User's computer hardware and Internet connections (fixed and / or mobile). 

The User must in particular have computer equipment (computer, tablet, smartphone) compatible with the latest HTML5, CSS technologies. 

BeeToGreen draws the User's attention to the fact that access to the Platform and use of the Services require a permanent connection to the Internet network (full web responsive design technologies). 

As this is a mobile Internet connection, connection using the fourth generation (4G) mobile phone technology standard is highly recommended. 

All costs relating to computer equipment and connections necessary for access to the Platform remain the sole responsibility of the User. 

The User is aware that access to the Platform is made via the Internet network. He is warned of technical hazards that may affect this network and lead to slowdowns or unavailability making connection impossible.
 BeeToGreen cannot be held responsible for difficulties in accessing the Platform and using the Services due to disruptions to the Internet network. 

Access to the Platform may also be temporarily interrupted or limited for reasons of necessity linked to improving the quality of the Services and in particular in order to ensure the technical maintenance of the Platform. As far as possible, BeeToGreen will endeavor to notify the User by email to the address provided when creating their account. 

In the event of a security breach observed by BeeToGreen, likely to seriously compromise the security of the Services and Data, BeeToGreen may proceed, without notice, to a momentary interruption of the Services in order to remedy the security breach as soon as possible. 

In these cases, the User will not be able to claim any compensation or bring into play the responsibility of BeeToGreen. 

3.2 Creation of an account 
3.2.1 Company account 

The Company is invited to create an account on the Platform using the personal username and password communicated to it by BeeToGreen after validation of its Subscription in accordance with the general conditions of sale of BeeToGreen. 

The validation of the Company account supposes providing the following information: 
- Company name; 
- Siret; 
- Registered Address; - Number of employees; 
- Name, first name, e-mail and telephone number of the referrer within the Company as part of the execution of the Subscription. 

3.2.2 Employee Account It is the sole responsibility of the Company to seek the prior written consent of the Employee regarding the information of his profile on the Platform. 

The validation of the employee account supposes the filling of the following information by the referent of the Company: 
- Name; 
- First name; 
- Mail; 
- Address; 
- Telephone number. 

Each Employee then has his account on the Platform which he can access using his personal username and password provided by the Company. 

3.2.3 Partner Account 
The Partner is invited to create an account on the Platform using the personal identifiers and password communicated to him by BeeToGreen at the conclusion of the Partnership. 

3.2.4 Common provisions 

It is the User's responsibility to modify the provisional password communicated. 
BeeToGreen invites the User to regularly change his password and to choose a password with an optimal level of security. 
The User is solely and entirely responsible for the use and confidentiality of his username and password.
In particular, he must ensure that only people he has expressly authorized will have access to the Platform. 
Any person connecting with the identifier of a User will be presumed to have been authorized to access the Platform by the User. 
The User must inform BeeToGreen without delay if he notices a security breach linked in particular to the voluntary communication or the misappropriation of his username and password, so that BeeToGreen can take without delay any appropriate measures to remedy the security breach. 
In the event of loss or misappropriation of the username and password, a procedure for assigning new username and password is implemented.

ARTICLE 4 - DESCRIPTION OF SERVICES 

4.1 Services accessible to the Company 
- Creation, loading and updating of Employee profiles under the sole responsibility of the Company; 
- Information on the amount of the company contribution agreed in advance for each Employee, and, if applicable, the insurance and maintenance contracts paid for by the Company; 
- Monitoring of KPIs 
- Access to purchase invoices. 

4.2 Services accessible to the Employee 
- Access to information concerning the Company's contribution and the public aid from which he may benefit, and where applicable the insurance and maintenance contracts paid for by the Company; 
- Consultation of Partner spaces in order to select the point of sale and, if applicable, the model of eco-responsible two-wheelers; 
- Payment of the deposit by credit card to order the eco-responsible two-wheeler from the Partner via the Slimpay service provider; 
- Finalization of payment by Sepa direct debit via the service provider Slimpay; 
- Access to the purchase invoice and the registration certificate in the event of an electrically assisted vehicle. 

4.3 Services accessible to the Partner 
- Online posting of information relating to their points of sale and, where applicable, their products; 
- Provision of the Slimpay online payment service. 

4.4 Common provisions 
The Services are provided within the framework of a shared infrastructure using BeeToGreen resources, subject to the respect by the User of the obligations incumbent on him. BeeToGreen undertakes to provide the Services to the User, in accordance with the provisions hereof, from the effective date of the Subscription or Partnership and until their term, except for early termination or suspension of the Platform access. 

BeeToGreen undertakes: 
- to inform and advise the User about any element or circumstance of which he is aware and which could hinder the smooth running of the Services; 
- to provide the Services with diligence, care and in accordance with the rules and good practices in use in the profession; 
- to permanently assign qualified and competent personnel to the provision of the Services; 
- to have and maintain throughout the term of the Subscription or Partnership all the permits, approvals, certifications and authorizations necessary to fulfill its obligations hereunder; 
- to have, and continue to have, all the rights necessary to assign or grant to the User all intellectual property rights under the conditions defined herein. For all the obligations incumbent on it hereunder, BeeToGreen is only bound by an obligation of means and not of result.

ARTICLE 5 - SUSPENSION OF ACCESS TO THE PLATFORM 

Without prejudice to any damages that BeeToGreen may claim, BeeToGreen reserves the right to temporarily or permanently suspend a User's access to the Platform in the event of: 
- non-compliance by the User with these general conditions of use and / or the Subscription or the Partnership; 
- provision of false information by the User when creating his account; 
- non-compliance by the User with the laws and regulations in force; 
- total or partial non-payment of the price of the Subscription or the Partnership by the Company or the Partner. BeeToGreen draws the Company's attention to the fact that it cannot claim that the non-compliance with the laws and regulations in force and / or the general conditions of use would not be of its own doing but committed by an Employee to whom it would have given access to the Platform, to contest the suspension of its access to the Platform. 

Access to the Employee's Platform is in any case under the sole and entire responsibility of the Company. In the event of termination of the existing contractual relationship between the Company and BeeToGreen, for whatever reason, BeeToGreen may, without delay, deactivate the identifiers communicated. 

It is the Company's responsibility to inform Employees of this deactivation in the event of their access rights being removed. BeeToGreen draws the Employee's attention to the fact that he cannot rely on the fact that the suspension of his access to the Platform would result from the Company's non-compliance with its obligations to contest said suspension with BeeToGreen.

ARTICLE 6 - INTELLECTUAL PROPERTY 

6.1 BeeToGreen only grants the User, on a non-exclusive basis, a right of access and use of the Platform's applications and their documentation for the duration of the Subscription or Partnership and for French territory, for the sole purpose of using the Services. 

The systems, software, structures, infrastructures, graphic charters, databases and content of any kind (texts, images, visuals, videos, music, logos, brands, etc.) operated by BeeToGreen on the Site are protected by all property rights. intellectual property rights or rights of database producers in force in France. 

They are the full and entire property of BeeToGreen or its partners. All disassembly, decompilation, decryption, extractions, reuse, copies and more generally, all acts of reproduction, representation, distribution and exploitation of any of these elements, in whole or in part, without the prior written authorization of BeeToGreen are strictly prohibited and may be the subject of legal proceedings, in particular on the basis of counterfeiting and / or unfair competition. 

BeeToGreen has no control over these sites and declines any responsibility for the access, content or use of these sites, as well as for any damage that may result from viewing the information on these sites. BeeToGreen is in particular in no way a party to the transactions that could be carried out by the User on these sites. 

The decision to activate these links is the full and entire responsibility of the User. No hypertext link can be created to the Platform without the prior written consent of BeeToGreen. 

6.2 The Platform may contain hypertext links redirecting to sites operated by third parties. These links are provided for information only.

ARTICLE 7 - PROTECTION OF PERSONAL DATA 

BeeToGreen invites each User to consult the page of its confidentiality policy https://beetogreen.com/data which is an integral part of these general conditions of use.

ARTICLE 8 - RESPONSIBILITIES - 

GUARANTEES 8.1 
The Company and the Partner acknowledge having received, prior to the subscription and the conclusion of the Partnership, all the information relating to the Services, which may again be communicated to them by BeeToGreen on simple request. from them. 

The Company and the Partner are therefore solely responsible for the adequacy of the Services to their needs, BeeToGreen not providing any implicit or explicit guarantee in this respect. BeeToGreen is also not required to assume the legal and regulatory obligations incumbent on the Company and the Partner, including those relating to the Services provided.

 It is therefore up to the Company and the Partner to ensure compliance with the laws and regulations concerning them, without being able to seek the responsibility of BeeToGreen. 

BeeToGreen declines in any event any liability in the event of abnormal use or unlawful exploitation of the Platform by a User. 
The latter is solely responsible for damage caused to third parties and the consequences of any claims or actions that may result therefrom. 

The User also waives the right to exercise any recourse against BeeToGreen in the event of legal proceedings instituted by a third party against him due to the use and / or illegal exploitation of the Platform. 

8.2 Employees are invited to read the general conditions of sale of the Partner in question offering the sale of products and / or services before placing any order. 

These sales are thus subject to the general conditions of sale which accompany the description of the products and / or services offered, under the sole responsibility of the Partners concerned. Despite the care taken by BeeToGreen in the selection of its Partners, BeeToGreen cannot exclude that the products and / or services they offer are not the subject of complaints. 

Any complaint concerning the products and / or services thus ordered must be addressed by the Employee directly to the Partner, BeeToGreen not being at any time party to the sales contract concluded between the Partner and the Employee. 

On the other hand, BeeToGreen invites the Employee to inform him of any difficulties that he may have encountered with one or other of his Partners in the context of an order. 

8.3 The User is solely responsible for the quality, veracity, accuracy and relevance of the Data that he provides on the Platform for the purposes of using the Services. 

The User is informed that the exchanges of Data on the Platform are structured on a Secure Sockets Layer (SSL) exchange protocol. 

The User expressly acknowledges that despite all the care taken by BeeToGreen in securing access to the Platform, BeeToGreen cannot reasonably guarantee the absence of security breaches that could affect the integrity of the Data and their confidentiality. 

8.4 It is the User's responsibility to protect their computer equipment against any form of intrusion and / or contamination by viruses. 

BeeToGreen is not responsible for damage or incidents that may be caused to the User's computer equipment when accessing the Platform and using the Services. 

8.5 The liability of BeeToGreen could only be engaged if it is established that the reported damage results from its own fault and provided that there is a direct and certain causal link between the alleged fault and the damage suffered by the User. 

Consequently, indirect damage suffered by the User which could arise as a result of or during the use of the Services is expressly excluded from the scope of BeeToGreen's liability. 

By indirect damage, we mean in particular, without this list being exhaustive, the loss of gains or profits, loss of opportunity, commercial damage, the consequences of complaints or claims by third parties against the User, notwithstanding the fact that BeeToGreen would have been warned of the possibility of their occurrence. 

In any event, BeeToGreen's liability, in the event of damage occurring to the User, for any reason whatsoever and whatever the legal basis invoked or retained, all damage combined and cumulative, will be expressly limited and cannot be in no case exceed the limits of liability applicable to the Company and / or the Partner stipulated in the conditions of the Subscription and / or the Partnership.

ARTICLE 9 - FORCE MAJEURE 
BeeToGreen and the User cannot be held responsible for the non-performance of any of their obligations hereunder in the event of force majeure. 

By force majeure, we mean all events such as those usually retained by French law and case law.