TERMS OF USE

Last updated: 2019-11-20

GENERAL TERMS

These terms and conditions apply to all uses of the site www.eiver.co and the Application by any Non Member or Member. Any use or visit of the eiver application or the website www.eiver.co and implies acceptance of the latest version of these Terms of Use, the Privacy Policy and all conditions of use applicable to any use specific program.

Any natural person who uses or visits the eiver Application or the website www.eiver.co on behalf of an entity, thereby guarantees that it is entitled to accept the terms on behalf of that entity. SAVECODE SAS is not responsible for the actions of parties that do not fulfill this condition or do not comply with these Terms of Use. SAVECODE SAS can not be held responsible for these actions or omissions.

The website www.eiver.co and the Application are managed by SAVECODE SAS.

1. DEFINITIONS

For the purposes hereof, the following terms, the first letter of which is capitalized, have the meaning given hereinafter, in the absence of a capital letter, the terms have the meaning of common sense. These definitions mean that the word is indifferently used in the singular or the plural.

Account

“Account” means the space registered on the Application that is managed by the Member using an identifier and a password. It mainly allows the exchange of information and any other interaction or transaction provided by the Application and Services of SAVECODE SAS .

Membership

“Membership” means becoming a Program Member.

Member

“Member” means any individual or entity that has an account in our Program.

Non Member

“Non Member” means any individual or entity, who does not have an account in our Program, browsing www.eiver.co for any purpose.

Data

“Data” means any information about the Non-Member or Member that it provides on the Application or the website www.eiver.co.

Program

“Program” means the service proposed and published by SAVECODE SAS through the Application eiver. It is a program of valorization and reward of the driving activities, in particular of the practice of the driving on light vehicle.

Application

“Application” means the service proposed and published by SAVECODE SAS under the name “eiver”.

Reward

“Reward” means any commercial promotion or donation offered by SAVECODE SAS with one or more Partners through the Application in exchange of the conversion by a Member of all or part of its eCoins received under the Program.

ECoin

“ECoin” means the Program reward unit distributed to Members for their actions whose data has been retrieved by our Service.

Service

“Service” means the SAVECODE SAS software, its algorithm, the Reward Program, the calculation of eCoins, their transformation into rewards, and any other service provided by the Application and SAVECODE SAS.

Partner

“Partner” means any organization or company referenced within the Program and providing a service to Members to enable them to be rewarded on the Application by converting their eCoins into Rewards.

Challenge

“Challenge” means an incentive event, organized by SAVECODE SAS alone or with a Partner, consisting of proposing to Members who so wish to perform an action / event, within a limited time or not, according to defined conditions, for each one, in the descriptive card and the possible regulation concerning it, giving rise or not to the granting of a Reward.

Newsletter

“Newsletter” means any email sent to our Members or Non-Members of an informative nature.

Personal data

The term “Personal Data” means all information that you, whether as a Member or Non Member, provide when you register and on your Account on the Application and on the website www.eiver.co. You are solely responsible for your Personal Data.

We

“We” means SAVECODE SAS, through the website www.eiver.co and the Application. For the sake of legibility of the Contract, the capital letter “nous” may be omitted.

You

“You” means any Member and Non Member of the Program. For the sake of legibility of the Contract, the capital letter to “you” may be omitted.

2. DESCRIPTION OF THE PROGRAM

The Program is a service for valuing and rewarding driving activities, especially light-duty driving.

The purpose of the Program is to enable our Members to accumulate eCoins on the Application, in exchange for their driving activities, the data of which has been collected by the Services, and to convert them into Rewards with our Referral Partners. ‘Application.

In order to become a Member, Non-Members must comply with the membership conditions set out in Article 4 and possess the material means to access the Application as described in Article 3.

Compensation in eCoins for each participation as well as all credit and usage conditions for eCoins are detailed in Article 5.

3. CONNECTION

3.1 INTERNET ACCESS

You must have Internet access either directly or through devices that have access to Internet content. The costs of telephone calls making the connection to the Internet network and to the Application and / or the site (s) of our Partners will remain your exclusive responsibility.

3.2 ADDITIONAL CONNECTION CONDITIONS

You must also have all the necessary equipment to connect to the Internet, including a computer, mobile phone, modem, or other connection tool, and to have an email address.

4. ACCESSION

4.1 RESERVED CHARACTER OF MEMBERSHIP

Membership in the Program is restricted to individuals with an age of at least eighteen (18) years old in accordance with applicable laws on the protection of minors.

4.2 FREE MEMBERSHIP CHARACTER

Membership in the Program is free of charge and does not give rise to any obligation to purchase (including the Referenced Rewards) or any financial compensation from the Member to SAVECODE SAS.

4.3 PERSONAL IDENTIFIERS REQUIRED FOR MEMBERSHIP

At the time of your application for Membership, you have several ways to fill in your personal information:

  • You make a connection via Facebook and you authorize us to retrieve the information from your account. Your information is strictly confidential and will never be used for any purpose other than that proposed by the SAVECODE SAS Program and Services.
  • You make a connection through Google and you authorize us to retrieve your account information. Your information is strictly confidential and will never be used for any purpose other than that proposed by the SAVECODE SAS Program and Services.
  • You must choose a reference email address and a sufficiently secure password that will give you access to your user account (hereinafter referred to as the Account).

Only one Account per person and per email address is assigned.

Your Account is protected by the password you have chosen. You agree not to communicate it to any other person. Our responsibility can not be engaged in case of fraudulent use of your password.

In case of loss and / or forget your password, you can ask to receive it again by clicking on “Forgot your password?” In the login screen to the Application.

You must not lend, give, sell or otherwise generally make your Account and / or password available to any third party for any reason whatsoever.

It is the Member’s responsibility to notify any change of email address and to provide a valid address. Without notification, the address indicated in the Account will serve as the reference address for any communication.

4.4 BECOME A PROGRAM MEMBER

You will become a member of the Program as soon as:

  • You will have complied with and responded to Articles 4.1 to 4.3;
  • You have correctly completed all the mandatory fields on the application form;
  • You will have clicked on “Validate”.

You can unsubscribe at any time from one or all notifications or e-mails by going to the “My Account” menu of your Application, then clicking on the “Settings” dented wheel, and unchecking the corresponding boxes.

5. USE OF THE PROGRAM

5.1 ACQUISITION OF ECOINS

Once their membership is validated, Members can win and accumulate eCoins:

  • By having a driving activity (GPS tracking) on ​​the Application
  • By referring friends or acquaintances to register on the Application and become Program Members
  • By sharing the Application on social networks
  • Eventually by carrying out certain specific actions chosen and promoted by SAVECODE SAS and its Partners

These opportunities for gaining eCoins will be explicitly indicated to Members, either on the Application, or by an email or push notifications sent regularly to Members.

We reserve the right not to reward some of your activities if they are considered fraudulent by our calculation algorithm, without compensation or compensation of any kind.

5.2 VALIDITY OF ECOINS

Your acquired eCoins are valid and usable at any time.

Any Reward already obtained from eCoins that would be deemed expired at a given date, is deemed already acquired.

5.3 MODE OF TRANSFORMING ECOINS FOR A REWARD

You may use the eCoins you have earned (up to the limit of your eCoins balance) to convert into discounts on Rewards in the Rewards tab of the App (a list of Rewards and the number of eCoins required for get).

Any Reward has an explanatory sheet on the Application, called reward sheet, which presents to Members:

  • the description of the Reward;
  • the Partner who proposes it;
  • the number of eCoins needed to earn the Reward;
  • the special conditions of use indicating how to take advantage of the reward at our Partner.

The conversion of eCoins for discounts on Rewards is only possible for Program Members.

Your eCoins conversion is confirmed when you click on the “xx eCoins” button below the offer description. By clicking on this button, you recognize:

  • to have read the information in the reward card;
  • to have accepted the special conditions of use of the Reward present on the reward card;
  • to have accepted the general conditions of transformation of the eCoins as set out in article 5 – 4 hereof.

5.4 GENERAL CONDITIONS OF TRANSFORMATION OF ECOINS FOR REWARD

By accepting the Agreement, and in order to confirm the conversion of your eCoins for an Award, you agree to the following terms and conditions of conversion:

  • Your eCoins can only be converted for Rewards listed in our catalog as presented on the Application at the time of your conversion request;
  • Any Reward you choose will become final and binding upon confirmation of conversion of your eCoins. Consequently, you waive the right to withdraw, if applicable, any right of withdrawal relating to the Reward you have chosen;
  • The number of eCoins corresponding to your Reward will be deducted from your Account;
  • Rewards are not transferable, exchangeable, refundable in cash or any other form of credit and are not refundable or exchangeable for other Rewards;
  • Additional costs that are not included or covered in the Reward as well as fees, taxes and commitments related to the enjoyment of the Reward, including those claimed by a person, an administration or any authorized organization, will be entirely your responsibility. In the limit of the information in our possession, we will indicate to you on the Application the additional expenses not included and / or covered in the Reward which you have chosen.

In addition, you acknowledge that you have been informed that:

  • We will have the option, at any time during the term of the Contract, to modify the catalog of our Rewards as well as the number of eCoins necessary for their obtaining;
  • The goods and / or services that you can buy or obtain for free thanks to your Rewards are provided by our Partners according to their Terms of Use and / or Sale. We act as an intermediary and can not be held responsible for the poor performance of their service or the poor quality of the product supplied;
  • We disclaim any responsibility for the inaccuracy and non-completeness of the commercial information displayed on the Application on behalf of our Partners;
  • We disclaim any liability in the event of a Partner’s refusal to honor the Award.

5.5 HOW CHALLENGES WORK

For each Challenge proposed on the Application, it is indicated whether this Challenge is organized by SAVECODE SAS and / or one of its Partners, and whether it gives rise to the awarding of an Award or not.

Each Challenge will be associated with a brief descriptive sheet which will specify:

  • The nature of the activity to be carried out and the period within which it must be carried out;
  • Specific conditions to validate the Challenge;
  • The description of the Reward;
  • A possible link on the Challenge rules;
  • Possibly the Partner who proposes it.

To participate in the Challenge, the Member must read the details of the Challenge and click on “Participate”. By clicking on the “Participate” button, you recognize:

  • to have read the information on the Challenge sheet
    to have accepted the general conditions of the Challenges as specified below

General Conditions of Challenges

You acknowledge that you have been informed that:

  • You agree to participate personally in the Challenge to which you register;
  • You do not attempt to fraudulently obtain Rewards;
  • You forbid yourself to validate a Challenge fraudulently;
  • Rewards are not transferable, exchangeable, refundable in cash or any other form of credit and are not refundable or exchangeable for other Rewards;
  • Announced Rewards may be replaced by a Reward of the same value and similar characteristics by SAVECODE SAS and / or the Partner if circumstances so require.
  • Additional costs that are not included or covered in the Reward as well as fees, taxes and commitments related to the enjoyment of the Reward, including those claimed by a person, an administration or any authorized organization, will be entirely your responsibility. In the limit of the information in our possession, we will indicate to you on the Application the additional expenses not included and / or covered in the Reward which you have chosen.

If the Rewards are provided to you by our Partners, this will be according to their Terms of Use and / or Sale. We act as an intermediary and can not be held responsible for the poor performance of their service or the poor quality of the product supplied;

We disclaim any responsibility for the inaccuracy and non-completeness of the commercial information displayed on the Application on behalf of our Partners;

In general, as part of the Awards which are referenced by our partners in the Program, we can not be held responsible by one or more of its Members for the non-performance of the Partners (eg refusal to grant the promotion or gift) or inaccuracy or non-completeness of the information provided on the Application (eg wrong promotion title or incomplete conditions of obtaining).

We disclaim any liability in the event of a Partner’s refusal to honor the Reward

Winners will be informed by e-mail of all information regarding their results and the details of obtaining and delivering, if applicable, the Reward.

We waive any responsibility for any delay in the delivery of Rewards by a service provider.

We can not be held responsible if, due to force majeure or any event beyond our control, a Challenge should be canceled, extended, shortened, postponed or modified.

We can not be held responsible if, for any reason whatsoever, the training data of Members could not be provisionally collected, depriving Members of the possibility to participate in a Challenge to which they are registered.

SAVECODE SAS, its Partners and its providers can not be held responsible in case of loss or theft of the Rewards by the beneficiaries once the winners have taken possession.

We reserve the right not to reward some of your activities in connection with your participation in any of the Challenges if they are deemed to be fraudulent for no consideration or compensation of any kind.

It is specified that neither the company Apple, nor the company Google, which distribute our applications, are in no case involved or sponsor of the challenges.

6. ECOIN BALANCE

You can check your eCoin balance within the Program at any time by signing in to the Application using your username and password.

Any claim relating to the balance of eCoins of your Account must be addressed to us by filling the form proposed in the application in the tab “My account”.

Based on the findings of the investigation that we will be conducting, we may be able to re-credit your Account with the number of eCoins that are the subject of your claim.

7. PERSONAL AND NON-MERCHANT CHARACTER OF ECOINS

Your eCoins are strictly personal and have no market/commercial value. In no case may they be exchanged for cash, transferred to one or more Accounts owned by other Members, or sold to third parties.

They are only redeemable for one or more discounts on Rewards present on the Application.

8. DESCRIPTION OF THE “NOTIFICATIONS” SERVICES

Members have the possibility to receive e-mails and / or notifications from SAVECODE SAS, to inform them of the news of the Application, for example, to invite them to discover the new rewards available or to alert them about the preparation of future challenges but also to inform them about the functioning of the Application, for example, the end of a journey.

Members can manage their subscriptions to these emails as well as to notifications by freely and specifically selecting which ones they wish to receive, or not, in the My Account section of the Application.

9. LIMITATIVE CLAUSE OF LIABILITY

9.1 INFORMATION AVAILABLE ON THE APPLICATION

In order to provide the best service to our Members, we relay information from different sources and partner sites.

The information provided by SAVECODE SAS is indicative and can not relieve the Member of a complementary and personalized analysis. SAVECODE SAS can not guarantee the accuracy, completeness or timeliness of the information published on its Application. Accordingly, the Member acknowledges using this information under its sole responsibility.

Web links are available on the Application. In any case SAVECODE SAS can not be held responsible for the quality of these links and information that can be found there. It is the responsibility of each Member to find the sources of information best suited to their needs.

9.2 PARTNERS

We remind that SAVECODE SAS acts as an intermediary and does not replace in any case the operating habits, framed or not by law, of activity of our Partners.

Your participation in an action or your choice of a Reward on the Application must therefore in no case exempt you from having read and accepted:

  • the General Conditions of Use and / or Sale of our Partners and to respect them. Each is obliged to comply with the conditions explicitly stated by the Partner during a possible act of purchase or use;
  • that the end of your Participation in an action on the Application can not be held to be sufficient to justify a breach of contract subscribed elsewhere with one of our Partners;
  • that the end of validity of a Reward on the Application can not be held as sufficient to justify a breach of contract already committed elsewhere with one of our Reward Partners.

SAVECODE SAS can not be held responsible for any lack of quality service of one of our Partners.

SAVECODE SAS does not replace its Partners in their sales activity and can not be held responsible for any difficulty due to a delay in delivery or a problem of product quality, or any improper performance or non-performance of the tasks assigned to the contractors. .

SAVECODE SAS can not be held responsible for the unavailability of all or part of the Terms and Conditions of Use and / or Sale of its Equity or Reward Partners on their sites.

The Program includes links to other websites or other Internet sources belonging to our Partners. We can not control their sites and external sources. You acknowledge that we can not be held responsible for the provision of these sites and external sources, and can not bear any responsibility for the content, advertising, products services or any other material available on or from these sites or sources. external.

We can not be held responsible for actions or omissions of our Partners.

In general, within the framework of the Rewards that are referenced and proposed on behalf of our Partners within the Program, we can not be held responsible by one or more of its Members for the non-performance of the Partners (ex: refusal to grant the promotion or gift) or the inaccuracy or non-completeness of the information provided on the Application (eg bad title of promotion or conditions of obtaining incomplete).

9.3 OTHER

We can not be held responsible for the delay, the loss or the bad distribution of a mail, nor for the non receipt of an electronic mail to the reference email address indicated in the Account of the Member.

It is the Member’s responsibility to ensure that the email address in his Account is valid. Without special notification, SAVECODE SAS will consider the latter as reference address for communications with the Member.

9.4 FAILURE

Since the Application is hosted by an external service provider, no guarantee is provided regarding the continuity of the service offered or the retention of data published on the Application. In any case SAVECODE SAS can not be held responsible for an interruption of service, for whatever reason, or the loss of data caused.

We can not be held responsible for any loss or damage suffered as a result of a failure to access the Application and / or the site (s) of our Partners.

10. OBLIGATIONS AND RESPONSIBILITY OF THE MEMBER

10.1 ABUSE

You will inform us, as soon as possible, of any loss, misappropriation or unauthorized use of your identifiers (e-mail address and password) of which you have become aware.

We will then be able to reset your credentials by sending you a new password.

10.2 PIRACY

Data circulating on the Internet is not protected against possible hijacking and piracy. You agree to abide by the codes of conduct, usages and rules of behavior that are broadcasted on the Application and / or on the site (s) of our Partners as well as the instructions for use, warnings, reproductions or mentioned by Us and / or our Partners.

10.3 FRAUD

You may not reproduce, copy, sell, resell, or exploit for commercial purposes all or part of the Program, any use of the Program or any right of access to the Program. You are prohibited from attempting to fraudulently obtain eCoins. Any fraud or abuse under the Program may result in administrative and / or legal proceedings including the forfeiture of your eCoins and Rewards obtained and the cancellation of your Membership.

Any deliberate act of purchase, sale, transfer, fraudulent use or exchange of eCoins or any other use of eCoins contrary to the Contract as well as any process or maneuver aimed at obtaining eCoins without respecting fully the conditions of acquisition of the eCoins on the Application and / or the sites of our Partners is a cause of cancellation of right of the Contract, being specified that in this case, these facts can be interpreted as a damage caused intentionally to our activity.

11 PERSONAL DATA

As part of your use of the Application and the website www.eiver.co, SAVECODE SAS is required to collect and process some of your Personal Data. By using the Application and registering as a Member, or by using the web site www.eiver.co as a Non Member you acknowledge and accept the processing of your personal data by SAVECODE SAS in accordance with the applicable law and stipulations of the Privacy Policy. Click here for all our privacy policies

12 COOPERATION WITH PUBLIC AUTHORITIES

We reserve the right to cooperate, in accordance with the law, with public authorities who carry out verifications in connection with the Program and the Service accessible via the Internet or with your activities.

13 DURATION OF CONTRACT

The Agreement shall enter into force upon confirmation of Member’s Membership and shall continue for an indefinite period unless terminated by the Member or SAVECODE SAS in accordance with the provisions of this Article.

13.1 TERMINATION

13.1.1 Termination by the Member

You may terminate the Agreement at any time by visiting the “My Account”, or by e-mailing us at help [at] eiver.co

For processing reasons, your cancellation will be taken into account within a maximum of 15 (fifteen) days following receipt of your email or registered mail or following your click on the corresponding link in your Account.

Any effective termination results in the Member losing the remaining available vouchers, XPs, eCoins balance and Current Challenges’ participations.

13.1.2 Termination by SAVECODE SAS

We may terminate the Agreement as of right, without notice and without judicial formalities by e-mail with acknowledgment of receipt or by registered letter with acknowledgment of receipt with a notice of 10 (ten) days, in one or more of the cases listed below :

  • use of the Program contrary to public order and morality;
  • infringement of our extra-patrimonial rights or those of a third party;
  • act affecting the operation of the Program;
  • death;
  • user account categorized as inactive. Inactive refers to the fact that a Member’s Account has not accounted for one (1) year of any eCoins transaction within the program;
  • transfer of your eCoins to one or more accounts belonging to other Members, Sale of your eCoins to a third party and more generally any use of your eCoins contrary to the contractual stipulations;
  • loss, misappropriation or unauthorized use of your identifiers;
  • communication, fraudulent use of your password;
  • fraudulent, misappropriated or malicious use of the Program (in particular, creating multiple accounts for the same person, maneuvers leading to the unjustified gain of eCoins, notably through the implementation of automation systems);
  • making available to a third party your Account;
  • any failure to provide and / or maintain true, current, accurate and complete information about you;
  • any breach of the provisions of Article 7;
  • any material breach by you of your obligations under the Agreement.

Accordingly, we will cancel your eCoins, Account, unused Rewards and Membership, without notice, and you will be responsible for any and all costs associated with any damages or loss, lawsuits or other charges due.

We may also terminate the Agreement as of right and without judicial formalities by email with acknowledgment of receipt or by simple mail with a notice of 2 (two) weeks in case of:

  • legislative or regulatory change or any decision of an administrative authority substantially affecting the delivery of the Program;
  • stoppage of the Program.

13.1.3 Termination and obligations

In the event of termination of the Contract, whatever the cause of such termination, it is expressly provided that you will remain liable for compliance with the obligations arising prior to the date of termination of the Contract.

14. MODIFICATIONS / STOPPING THE PROGRAM

We reserve the right to change or modify without limitation any element of the Program including eCoins, eCoins awarded to Rewards, eCoins valuation, Reward catalogs and our Partners. These changes will be communicated to you on the Application or through the Newsletter or by an email notification within a reasonable time. However, some changes may have an immediate effect and we will try to notify you as soon as possible.

We reserve the right, at any time, to temporarily or permanently interrupt all or part of the Program. We will inform you in advance on the Application or through the Newsletter or by an email notification within reasonable time.

We will not be liable to you or third parties for any modification, suspension or discontinuance of the Program.

15. MODIFICATION OF THE TERMS OF USE

We may at any time modify the content of the present Terms of Use. All changes will be effective after a period of 30 (thirty) days after they are posted online and an e-mail notification to Members or notification in the Application.

We grant you this period of 30 (thirty) days in order to, if necessary, inform SAVECODE SAS that you do not accept these modifications, in which case the contract formed by the Terms of Use and your right to use our services will end at the end of this 30 (thirty) day period.

In the event of contradiction between the Terms of Use and any changes that may be made to it in order to comply with the national laws and regulations in force, the modifications made shall prevail.

16. APPLICABLE LAW AND COMPETENT JURISDICTION

The contract is subject to French law. Any disputes arising from the interpretation, performance or termination of the contract will be submitted to the competent courts, located within the jurisdiction of the Court of Appeal of Paris.

17. MISCELLANEOUS

The Agreement expresses the entire agreement between You and Us with respect to the Program and supersedes any prior agreement between You and Us.

If one or more parts of this Terms of Use were held to be invalid or declared as such pursuant to a law, regulation or following a decision of a competent court, the other clauses will retain their force and effect. scope.

The fact by one of the parties not to rely on a breach by the other party of any of its obligations under the Contract, or to delay exercising any of the rights it holds of the Contract, can not be a final waiver of the performance of this or any other provision, or the exercise of this right or any other right.

The titles of the paragraphs are only indicative.

Last Updated: 2019-11-20