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GENERAL TERMS AND CONDITIONS OF USE (GTU)

1. Website Publisher

The present website (hereinafter “the Site”) is published by:

Via Mobilis
SAS with a share capital of 500,000€
RCS Epinal 408 901 916
Registered office: VIA MOBILIS – Le moulin Collot – 88500 Ambacourt – FRANCE
EU VAT Number: FR13408901916
Publication Director: Charles COLLOT

Contact:
E-mail: info@via-mobilis.com
Tel: +33.3.29.29.29.30
Fax: +33.3.29.37.09.09

The Site is hosted by OVH SAS 2 rue Kellermann – 59100 Roubaix – France

2. Purpose

These Terms of Use govern access to and use of the Site and its services, including:
– Connecting buyers and sellers
– Publishing paid ads
– Using the customer account area
Use of the Site implies full and unreserved acceptance of these Terms of Use.

3. Platform Status

– Via Mobilis acts as an intermediation platform and host.
– The company is not responsible for transactions concluded between users or for the content of ads.
– The platform reserves the right to moderate, suspend or remove any ad or account that does not comply with the Terms of Use.
– Users are solely responsible for the information they publish.

4. Access to the Site

– Access to the Site is free of charge for users.
– Certain services, such as publishing ads, are chargeable for sellers.
– The Site may be interrupted or modified without notice for maintenance or technical reasons.
– The publisher shall not be held liable for temporary interruptions.

5. User Accounts

– Creating an account is mandatory to publish ads or access certain features.
– The information provided must be accurate and up to date.
– Each user is responsible for the confidentiality of their login credentials and must report any unauthorised use.
– Via Mobilis may suspend or delete an account in the event of a breach of the Terms of Use, fraud or misuse.
– Accounts are categorised as buyer and seller, each with specific rights and obligations.

6. Publishing Ads

– Ads must be accurate, lawful and respectful of third-party rights.
– Prohibited content includes: misleading, fraudulent, hateful, violent, pornographic, discriminatory ads or ads that infringe the rights of others.
– The seller guarantees the authenticity and accuracy of the ad.
– The platform may refuse, modify or remove any ad that does not comply.
– Buyers browse ads free of charge.
– Users may report any illegal or non-compliant ad.
– Via Mobilis accepts no liability in the event of a commercial dispute between users.
– Users retain rights over their published content but grant Via Mobilis permission to reproduce and distribute such content on the Site and its promotional materials.

7. Payment for Ads and Services

– Publishing ads is chargeable and subject to the specific Terms of Sale, available here.
– The terms governing refunds, disputes or complaints are set out in the Terms of Sale.
– Via Mobilis does not intervene in financial transactions between users and accepts no liability in this regard.

8. User Obligations

Users agree to:

1. Use the Site lawfully and in accordance with the Terms of Use.

2. Not publish any illegal, defamatory, pornographic content or content that infringes third-party rights.

3. Not interfere with the operation of the Site (hacking, spam, attacks).

4. Respect the intellectual property rights of third parties.

5. Provide accurate and complete information when creating an account and publishing ads.

6. Report any unauthorised use of their account.

9. Personal Data

– Data collected is processed in accordance with the GDPR and the French Data Protection Act.
– Purpose: account management, ad publication, payments, communication and marketing.
– User rights: access, rectification, erasure, restriction, portability and objection.
– For more information: Privacy policy.
– Cookies are used in accordance with applicable legislation and the Site’s cookie policy.
– Data may be shared with third-party service providers (payment, analytics, advertising) in strict compliance with the law.
– Data is retained for a period consistent with the purpose of processing and applicable legislation.

10. Liability

– The Site is provided “as is”.
– Via Mobilis is not liable for transactions, fraudulent or illegal ads published by users.
– The platform’s liability is limited to direct damages arising from its own actions, excluding cases of force majeure.
Indirect damages (loss of profit, loss of data, non-material loss) are excluded.
Force majeure: natural disasters, network outages, cyberattacks, administrative decisions.

11. External Links and Content

– The Site may contain links to other websites.
– Via Mobilis exercises no control over their content and is not responsible for the information available on those third-party sites.

12. Moderation and Reporting

– Users may report any suspicious content or non-compliant ad.
– The platform undertakes to review and process reports promptly.
– Via Mobilis may remove or suspend any content or account that breaches the Terms of Use.
– Users may challenge a removal decision through customer support.

13. Amendments to the Terms of Use

– The Terms of Use may be modified at any time by the platform.
– Continued use of the Site constitutes acceptance of the updated Terms of Use.
– If a user does not accept the updated Terms of Use, they must cease using the Site and delete their account.

14. Intellectual Property

– All content on the Site (text, logos, images, design) is the exclusive property of Via Mobilis or its partners.
– Any reproduction, modification or use without authorisation is prohibited.

15. Database Protection

The data available on the Site constitutes a database protected by the sui generis rights of the producer, pursuant to Articles L.341-1 et seq. of the French Intellectual Property Code. Via Mobilis has made a substantial investment in the collection, verification and updating of this data. As such, any automated extraction, whether total or partial, of the Site’s content is strictly prohibited without the prior written authorisation of Via Mobilis. This includes, in particular, scraping, crawling and any technical process enabling the automated reproduction or retrieval of data. Any breach of this prohibition may give rise to civil and criminal liability on the part of the offender. For more information, the user can consult our DATAS Solutions

16. Secure Payments and Transactions

Financial transactions carried out between buyers and sellers on the Site are processed by MangoPay, an authorised payment service provider subject to European payment services regulation (PSD2).

Via Mobilis does not intervene at any point in the processing of financial flows and does not have access to users’ banking data. MangoPay acts as an electronic money institution and ensures the security, custody and transfer of funds in accordance with applicable regulations.

By carrying out a transaction on the platform, the user accepts MangoPay General Terms and Conditions of Use, available on MangoPay’s website. MangoPay is responsible for processing personal data in connection with its payment services and associated processes. For more information on data management, users may consult
MangoPay Privacy Policy.

17. Mediation and Dispute Resolution

– Before taking any legal action, users are invited to contact customer support to attempt an amicable resolution.
– These Terms of Use are governed by French law.
– Any dispute shall be submitted to the competent courts of Epinal.

18. Acceptance of the Terms of Use

By using the Site, each user acknowledges having read, understood and accepted these Terms of Use.
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