Terms of use
Article 1 - Jurisdiction of the conditions of use and definitions
The terms below define: • 'Mobile application', 'mobile application' or 'app': the drive4forum mobile application, website and all its pages and screens. • 'Publisher': the natural or legal person responsible for writing and publishing the content of the app. • 'User': the person using the app. • 'Products': all digital goods or services that can be purchased or subscribed to via in-app purchases or via the publisher's online store. • 'Customer': the user purchasing a product via an in-app purchase or via the publisher's online store. • 'Store': the digital distribution platform used by the publisher to publish the app, and by the user to download the app.
Article 2 - Information required by law The app is published by Younes Consulting & Services. The legal notices concerning the publisher are available here: Cours des Bastions 13, c/o ExpertFid & Audit SA, 1205 Geneva Its policy regarding the collection and use of user data can be found in the app's Privacy Policy. The acquisition of a product or, more generally, the use of the app implies acceptance by the user of all of these General Conditions, the user thus acknowledging having read and accepted them. This acceptance will be considered to have the same value as a handwritten signature of the user. The user recognizes the probative value of the publisher's automatic recording systems and, unless he can provide proof to the contrary, will not contest this proof in the event of a complaint. Acceptance of these General Conditions implies on the part of the user that he or she has the necessary legal capacity to do so. If the user is a minor or does not have the legal capacity to conclude contracts, he or she declares to have obtained the consent of a parent or legal guardian.
Article 3 - Characteristics of the products offered The products offered are those listed in the catalog published on the app, and each product is accompanied by a description provided by the publisher. Customer service for the app is available by email at the following address: Younes Consulting & Services cours des Bastions 13, c/o ExpertFid & Audit SA, 1205 Geneva In which case the publisher undertakes to provide a response within 14 days.
Article 4 - Price The prices indicated in the catalog are prices in euros, all taxes included (TTC), and based on the VAT applicable on the day of the order. Younes Consulting & Services reserves the right to modify prices at any time. However, only the price appearing in the catalog on the day of the order will be applicable to the buyer.
Article 5 - App member account The user registered on the app (member) has the possibility to access his account by logging in, using the email address specified during registration and a password, or by using the buttons connection to third-party social networks. The user is responsible for protecting the password assigned to him. If a password is forgotten, the member can request to generate a new one. This password guarantees the confidentiality of the information contained in the user's account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the publisher cannot be held responsible for unauthorized access to a user account. The user may be asked to provide some personal information when purchasing products in the app; he agrees to provide accurate information. The account allows the customer to verify all orders made on the app with the account. The publisher of the app cannot be held responsible if the data contained in the account were to disappear due to a technical failure or a case of force majeure, this information having no probative value, but only an informative value. Account pages and screens cannot be considered evidence; they only have an informative value and aim to effectively help the user manage their orders or contributions. The publisher reserves the exclusive right to delete the account of any user who has violated these General Conditions, in particular but not exclusively in the following cases: • the user knowingly provided false information when registering and creating an account. • The user has shared his username and password. Such deletion cannot be considered detrimental to the excluded user, who cannot claim any compensation for this account deletion. This deletion does not prevent the publisher from taking legal action or a lawsuit against the member, if the facts so warrant. Members are free to delete their account on the app. To do this, the member can send an email to the app publisher indicating that they wish to delete their account. No recovery of data will be possible after deleting the account.
Article 6 - Waiver of liability of the publisher The inability to access the app is not considered detrimental to users and will not give rise to any right to any form of compensation. Unavailability, even prolonged and without time limit, concerning one or more products, cannot be considered as detrimental to users and cannot give rise to the granting of damages from the publisher. Hyperlinks present in the current app may refer to other apps or sites and the publisher of the current app cannot be held liable if the content of these sites and apps contravenes the laws. The publisher of the current app will not be held responsible for any damage caused to the user during their visit to these third-party sites or apps.
Article 7 - Intellectual property rights relating to information published on the app Unless otherwise stated, the publisher or its licensors own the intellectual property rights in the app and the content in the app. Copying any content, including but not limited to logos, textual content, images or videos, is strictly prohibited and will be considered infringement. Any member found guilty of counterfeiting risks having their account deleted without notice or compensation, this deletion not preventing the publisher or its representative from taking legal action or a trial against the member, if the facts justify it.
Article 8 - User Material 8.1 The App may allow you to submit material: for example, in various parts of the App you can upload a photo to your profile, write trail reviews, upload photos of your outdoor activities or upload files recording your activities. In these Terms, we use the term "User Material" to mean any publicly available material of any kind that you submit to us, including text, files, images, photos and recorded activity information . User Materials do not include account information, product purchases, or product usage information that you provide when registering and using the Application.8.2 This Section 8 sets forth the rights and obligations that we each have with respect to User Material. If you review or submit User Materials, you agree to do so in accordance with these Terms. If you do not wish to review or submit User Materials in accordance with these Terms, you should not do so.8.3 We do not always review User Materials that you or other users submit. We are not responsible for the content of User Materials provided by you or any other user. We do not necessarily endorse any opinions contained in this material. We make no warranties or representations, express or implied, regarding User Materials, including with respect to its legality or accuracy.8.4 We reserve the right, in our sole discretion, to refuse to post, delete or modify any of your User Materials, or restrict, suspend or terminate your access to all or part of the application, including where the User Material infringes this section 8, and we may do so with or without notice to you.8.5 We may link User Materials or portions of User Materials to other materials, including materials submitted by other users or created by Younes Consulting & Services or other third parties. We may use User Material for internal purposes, such as to review trends or categories, or to promote, market or advertise drive4forum. You acknowledge that we may derive commercial benefits from the use of your User Material.8.6 Each time you submit User Material, you warrant to us that:8.7 We have the right to identify to third parties any person who claims that their rights have been violated by the User Materials submitted by you, within the limits established by the General Data Protection Regulation.8.8 User Materials are not considered confidential. You agree not to submit any content as User Material for which you have an expectation of confidentiality. By submitting User Materials, you grant Younes Consulting & Services an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, distribute, copy, perform, display, edit, distribute and otherwise exploit the User Materials that you post on the App, or any part thereof, and any ideas, concepts or know-how contained therein, with or without attribution, and without the need for permission from your share or payment to you or any other person or entity, in any manner (including, without limitation, for commercial, advertising, trade, promotional or publicity purposes) and in any media, known or future, and to prepare derivative works of or incorporate into other works, any such User Materials, and to grant and authorize sublicenses of the foregoing without payment of money or any other form of consideration to you or a third party. Younes Consulting & Services may include your User Materials in drive4forum Distribution Content that is made available to others through the application. Please be aware that Younes Consulting & Services has no control over User Material once they leave the application, and it is possible that others may duplicate material found on the application, including, but without limitation, on other sites on the Internet. You represent and warrant that you own or otherwise control the rights to your User Materials.8.9 All requests, comments, suggestions, ideas, other information that are not part of your use of the application or any User Materials Any User Submissions you provide to us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting, uploading, posting, emailing, or otherwise submitting Submissions to the Application, you are granting, and you warrant that you have the right to grant, to Younes Consulting & Services a license irrevocable, perpetual, non-exclusive, royalty-free, worldwide to use, distribute, copy, perform, display, edit, distribute and otherwise exploit the Submissions, or any portion thereof, and any ideas, concepts or knowledge -do that contained therein, with or without attribution, and without requiring authorization from you or payment to you or any other person or entity in any manner (including, without limitation, to commercial, advertising, trade, promotional or publicity purposes) and in any media, now known or hereafter devised, and to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and license sub - licenses the foregoing without payment of money or any other form of consideration to you or any third party. You also acknowledge that your Submissions will not be returned to you and that Younes Consulting & Services has no obligation to acknowledge receipt of or respond to any Submission. If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You agree to indemnify Younes Consulting & Services and its affiliates for all claims arising out of or in connection with any claim of rights in any Submission or any damages arising from any Submission.
Article 9 - Trademarks The brands and logos appearing in the app are registered by the publisher or possibly by one of its partners. As such, any person carrying out their representations, reproductions, nestings, disseminations and rebroadcasts incurs the sanctions provided for in articles L.713-2 et seq. of the Intellectual Property Code.
Article 10 - Personal data The user is informed and accepts that their personal data may be collected when using the app, in particular when registering, purchasing products or filling out forms. The personal data collected is necessary for the management of orders, as well as the improvement of services and information sent to users. Personal data is processed in accordance with the app's Privacy Policy. In accordance with Swiss law relating to the protection of privacy with regard to the processing of personal data, the user has a right of access, rectification and opposition to personal data concerning him. To exercise this right, the user can send a letter to the publisher's address indicated in article 2.
Article 11 - Accessibility of the Internet application The publisher cannot be held responsible for any technical obstacle to the connection, including but not limited to, an obstacle due to a force majeure event, maintenance, update, intervention of the hosting company, an internal or external strike, a network interruption, a power failure, or a misconfiguration or use of the user's device.
Article 12 - Closure of the account Each member is free to close their account on the application. To do this, the member must send an email to the publisher indicating that they wish to delete their account. No recovery of its data will then be possible.
Article 13 - Applicable law and consumer mediation These General Conditions are subject to the application of Swiss law. They may be modified at any time by the publisher or one of its representatives. The General Conditions applicable to the user are those in force on the date of the order or connection to the site. The publisher obviously agrees to archive previous versions of these General Conditions and send them to any user upon request. Unless there is a provision of public order, any dispute that may arise concerning the execution of these General Conditions may be submitted to the discretion of the publisher with a view to an amicable settlement, before any legal proceedings. It is expressly specified that requests for amicable settlement do not interrupt or suspend the deadlines set for the initiation of legal proceedings. All legal proceedings concerning the execution of this contract are subject exclusively to the courts of the Canton of Geneva. The customer may request free mediation for the amicable resolution of any dispute with the publisher. Mediation is not mandatory but is offered only to enable informal dispute resolution and avoid unnecessary litigation.
Article 14 - Use of cookies and files stored on the device “Cookies” are defined here in the broad sense of any file stored on the user's device in order to identify it, or to permanently record data on the device. Cookies allow the application to identify its user, personalize their experience and speed up the display of the application thanks to a data file saved on their device. Cookies are generally used on the application to 1) allow the application to remember the user's settings and their actions within the application, 2) collect data on the user's navigation to provide information. analytics and optimize the user experience, and 3) allow the user to log in and access password-protected content, including their account pages and screens. The user acknowledges having been informed of the use of cookies by the application, and authorizes the application and its publisher to use them. The user can refuse the recording of cookies by modifying the settings of the application and/or device, but without any guarantee from the publisher that the application will work as intended. The publisher cannot be held responsible if the application does not function as expected without the use of cookies.
Article 15 - Payment information The user can place an order on this app and pay using the credit card details of which he or she has provided to the publisher's store or online store. All payments are made via secure transactions provided by Apple AppStore, Google Play, PayPal or Verifone. The application does not have access to the user's payment data; payment is made directly through Apple AppStore, Google Play, PayPal or Verifone.
Article 16 - Delivery and waiver of the right of withdrawal The publisher undertakes to make the purchased products available as soon as payment is made by the user for these products. The purchase of products offered in the application will not allow the customer to exercise his right of withdrawal, as provided for in the Swiss Code of Economic Law, due to the nature of these products (contracts starting immediately and concerning content digital media not provided on a physical medium or delivered services which are complete during the withdrawal period). The customer acknowledges that orders will be considered irreversible and waives his right of withdrawal regarding these products, provided that his express consent to this waiver was given during the order process.
Article 17 - Product guarantee All products purchased on this application are protected by legal guarantees. Guarantee of conformity: the seller must deliver goods conforming to the contract and is responsible for defects existing upon delivery of the product. The guarantee of conformity can be exercised in the event of a defect existing upon delivery of the product. Guarantee for hidden defects: the customer may request the exercise of a guarantee for hidden defects if the defects in question do not appear at the time of delivery and if they are sufficiently serious (the defect must make the product unsuitable for the use for which it is intended, or hinder such use to such an extent that the buyer would not have purchased the product or would not have purchased it at such a price if he had known of the defect). In the event of non-compliance of a product sold on the application, it may be reimbursed by the publisher. All exchange or refund requests must be made by mail to the following address: Younes Consulting & Services Cours des Bastions 13, c/o ExpertFid & Audit SA, 1205 Geneva
Article 18 - Archiving The publisher will archive purchase orders and invoices on a reliable and durable medium, in the form of a faithful copy. Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.
Article 19 - Framework of General Conditions If any of these General Conditions should be declared null and void by a court, such nullity will not affect the other clauses, which will remain in force. These General Conditions describe the entire agreement between the user and the publisher. They supersede all previous or contemporary agreements, written or verbal. The General Conditions are not assignable, transferable or sublicensable by the user himself. A printed version of the Terms and of any notice given in electronic form may be requested in judicial or administrative proceedings relating to the terms and conditions. The parties agree that all correspondence relating to these Terms of Use will be written in French.
Article 20 - Notice Any notice concerning the General Conditions, the Legal Notices or the Confidentiality Policy must be in writing and delivered by hand, by registered or certified mail, by post or by any other well-known national courier service, allowing a regular review of its prices and conditions, at the following address: Younes Consulting & Services Cours des Bastions 13, c/o ExpertFid & Audit SA, 1205 Geneva , indicating your full name, contact details and the subject of the review.
Article 21 - Complaints Any claim or cause of action you may have with respect to the use of this application, its pages or screens, its services or the social media pages of the publisher, or which is the subject of these Terms and Conditions, must be initiated within one (1) year after the claim or cause of action arises. Otherwise, such claim or cause of action will never be enforceable in any court of law.
Article 22 - Inaccuracies It is possible that there may be, throughout the application and the products offered, and to a limited extent, inaccuracies or errors, or information in contradiction with the General Conditions, the Legal Notices or the Policy of Confidentiality. In addition, it is possible that unauthorized modifications may be made by third parties to this application or to associated services (social networks, etc.). We make every effort to correct any such discrepancies. If we miss one, please contact us by email at contact@drive4forum.ch, providing, if possible, a description of the error and its location (URL), as well as sufficient information so that we can contact you . For copyright inquiries, please refer to the intellectual property section of this document.
Article 23 - Geolocation data The user's express consent must be given when configuring the application on the device for geolocation to take place. For the application to use geolocation data, the user must enable the geolocation features of the device on which the application is running. The user can waive their consent to geolocation through the application at any time and free of charge, but if geolocation is deactivated, the mobile application will no longer work. The device is then capable of estimating its position autonomously. Disabling the location-based features of the app or device prevents location-dependent in-app services from functioning, as well as the display of geo-targeted ads in the app.
All rights reserved - January 7, 2024
