The website www.way-partner.com and the WAY-Partner mobile applications (hereinafter referred to as "the Services") are published by WAYNIUM (hereinafter referred to as "WAYNIUM"), a limited liability company with capital of 100,000 euros, registered in the Paris Trade and Companies Register under number 451 320 253, whose registered office is located at 34 rue des Fossées Saint-Bernard, 75005 Paris, FRANCE - Tel: +33 810 00 10 50 - e-mail address: info@waynium.com- intra-Community VAT number: FR45451320253.
The Services provide self-employed passenger transport drivers with functionalities enabling them to manage their business and create networks with other drivers in order to offer them or receive assignments from them.
The user acknowledges that use of the Services requires consultation and acceptance of these general conditions of use.
The terms defined below, whether in the singular or plural and with or without capital letters, shall have the following meaning between the parties:
The user can benefit from the functionalities offered by the Services subject to compliance with the following prerequisites:
Before using the Services, the user is invited to check the compatibility of his/her hardware and computer configuration with the Services. Communication costs remain the responsibility of the user.
The user may use the services subject to prior acceptance of these GCU.
The user declares to have obtained from WAYNIUM all necessary information regarding the features offered by the services, and unreservedly adheres to these GCU.
Users have the option of saving and printing these GCU using the standard functions of their browser or smartphone.
Users are informed that their acceptance of these GCU is formalised by ticking the box associated with the text "I have read the general conditions of use and accept them" and by clicking on the validation button displayed when their user account is validated, and does not require a handwritten or electronic signature.
This acceptance constitutes proof that the User has taken cognisance of the said provisions and constitutes acceptance of these terms and conditions.
The TOU may be amended or modified at any time by WAYNIUM, in particular in the event of changes to the Services or functionalities.
In any event, as indicated above, the version of the GCU binding on the user is that accepted by the user at the time of subscription to the Services.
In the event of modification of the GTCU, the new general terms and conditions of use will be notified to the user and any use of the services after the modification of the GTCU will constitute acceptance by the user of the new general terms and conditions of use.
The GCU are permanently accessible on the Services.
Registration and the creation of a WAY-Partner account is a prerequisite for accessing and benefiting from the functionalities.
Registration and the creation of a WAY-Partner account are carried out using the registration form in the Services.
When creating a WAY-Partner account in the Services, the user follows the procedure described below:
Users undertake to check that the information concerning them is accurate and complete and to update it regularly. Users may modify their personal information directly on the Services in the "My Account" section.
For each access to the WAY-Partner account, the user indicates his/her telephone number and the authentication code received by SMS, the validity of which is limited to one connection per user.
50. Access to the Services and features is reserved for users with Internet or mobile network access who meet the prerequisites and conditions of these GCU.
51. All costs relating to access, whether hardware, software or Internet access, are the sole responsibility of the user. The user is solely responsible for the correct operation of his/her equipment and Internet access.
52. The Services and functionalities are accessible 24 hours a day, 7 days a week, subject to periods of suspension, in particular for maintenance purposes.
53. WAYNIUM reserves the right to interrupt the Services for maintenance reasons, in particular to carry out an update, maintenance operations, modifications or changes to operational methods, servers and hours of accessibility, without this list being limitative. WAYNIUM will make its best efforts to carry out these operations during the periods least prejudicial to access to the Services by the user.
54. No guarantee of performance, availability or accessibility of the Services or functionalities is given under the GCU.
55. WAYNIUM reserves the right to add to or modify, at any time, the Services and the functionalities available therein, particularly in the light of technological developments.
56. In the event of interruption or impossibility of using the Services or functionalities, the user may contact WAYNIUM's customer service to obtain information.
The following functions are available to the user:
The functionalities made available to the user enable them to manage their business and in particular :
The functions available to the user enable the creation of networks of independent drivers.
The user communicates his unique WAY-Partner identification code to WAYNIUM's partner transport companies.
Users who belong to a partner's network will be able to receive job offers from the partner if they add the user to their Way-Plan tool.
Users can :
The assignment proposals are displayed in the Services in the user's "business basket" and the user receives a notification if they have accepted the notifications.
The user can directly access the Services :
However, the client may cancel the assignment at any time.
The functions available to users also enable them to send job proposals to other users based on various criteria selected by the client:
When using the Services, the user may receive push messages or notifications, in particular in the following cases:
Users may refuse to receive these messages at any time by changing the appropriate settings on the Services or on their smartphone. They will then no longer receive notifications of proposed missions or the status of their missions.
The user agrees to be included in the list of companies that use WAYNIUM solutions, and therefore to possibly be asked to provide services.
In order to strive for maximum quality of the WAY-Corp collaborative platform, WAYNIUM reserves the right to validate whether or not users have access to this functionality.
The user must therefore comply with the documentation available on the www.way-partner.com website relating to the WAY-Corp collaborative platform.
The user agrees to be assessed according to the quality criteria of the WAYNIUM programme.
In order to improve its evaluation indicators, which are published to all users of the WAY-Corp collaborative platform, the user may at any time request their specific calculation rules, which WAYNIUM undertakes to communicate on simple written request.
WAYNIUM may at any time decide not to open access to its Services if these conditions are not met, or close it at any time if they are no longer met. It is specified in this respect that the decision not to open the Services or to close them is taken on the basis of the evaluation indicators mentioned above after confirmation by an authorised person from WAYNIUM.
WAYNIUM declines all responsibility if a user of the Services does not respect his financial or practical commitments towards another user, within the framework of their missions.
The user expressly understands that the role of WAY-Corp is to put users of the Services in contact with each other. WAYNIUM is not intended to replace the said users in their financial responsibilities and/or in the execution of their services vis-à-vis their end customers and their partners.
The user undertakes to test the Services and functionalities described herein prior to any professional use.
Use of the Services constitutes final acceptance of said Services.
The services are hosted on WAYNIUM's servers or outsourced to a service provider designated by WAYNIUM and offering equivalent levels of guarantees and security.
WAYNIUM makes available to the user only the modules by remote access, in order to allow the processing of information transmitted by the user via access to the Services.
The data will be periodically saved on the servers hosting the Services concerned on servers located within the European Union.
WAYNIUM will make daily backups of user data.
After a period of 90 days, the backups made by WAYNIUM will be destroyed, WAYNIUM undertakes not to keep any copy.
WAYNIUM shall not be liable for any loss, damage or destruction of the user's data, either to the user or to third parties.
It is therefore the user's responsibility to make back-up copies of data.
In the event that WAYNIUM is required to make scheduled interventions on the services, it will endeavour to inform the user by electronic message, within a reasonable time before the date scheduled for these interventions and will try not to make access to the Services unavailable for an excessive period of time.
WAYNIUM is not responsible for damages of any kind that may result from the temporary unavailability of all or part of the Services.
The application is free to download.
Once the user has registered and created a WAY-Partner account on the Services, the user may benefit, if they so wish, from a free period as defined in the information made available to them when their account was created. During this period, the user will be able to benefit from all the functionalities offered by the Services.
This free period will be offered to all users, regardless of their subscription status.
At the end of the free period, the user will have to pay a subscription fee to continue to access and use the features of the Services. They may choose the subscription package they wish from among those available on the Services.
Subscription formulas are renewed by tacit agreement for a period identical to the initial period unless terminated before the end of the current period.
Use of the Services, once the free period has elapsed, gives rise to the payment of a subscription fee payable in advance, which takes effect on payment of the subscription package chosen by the user.
When the user takes out a subscription via the iOS and Android mobile applications, the App Store and Google Play terms and conditions of sale will apply to the purchases made.
When users take out a paid subscription via the website, they will be directed to a secure payment interface provided by a payment service provider.
The user declares and guarantees that he/she is authorised to use the bank card used for payment.
The user acknowledges and accepts that if the subscription formula cannot be effectively paid, access to the WAY-Partner account will be suspended until payment can be processed.
WAYNIUM reserves the right to terminate, under the conditions defined below, the paid subscription if it is unable to obtain payment for the renewal of the subscription.
The price of the subscription, for which the user is liable when taking out a paid subscription, will be communicated to the user during the process of choosing and taking out the subscription.
The price will also be specified in the pricing conditions in force on the day the subscription is taken out and accessible at any time on the Services ("Discover the offers" section).
Prices are stated exclusive of tax and are increased by taxes, in particular VAT in force on the day of invoicing.
Prices may be revised annually in line with changes in the functional scope of the Services.
The user is informed of changes to the prices of Services and associated services by e-mail two (2) months before the new prices come into force. These new rates will only apply to new subscriptions and renewals made after the new rates come into force.
If the user refuses the change in the price of their subscription, they may cancel their subscription in the month preceding the end of the subscription to avoid renewal at the new price in the "My Account" section of the Services.
Any user who is in arrears is automatically liable for a fixed penalty for collection costs, set at 40 euros.
The subscription will be invoiced when the fixed-term subscription is taken out and then each time it is renewed, until the user cancels the subscription.
When the user takes out subscriptions via the iOS and Android applications, Apple and Google will charge the payment method selected by the user.
WAYNIUM may occasionally offer promotional codes, discounts, special promotional subscriptions or any other type of discount. Eligibility for offers is determined at WAYNIUM's sole discretion.
The eligibility criteria and other restrictions and conditions will be disclosed when the user subscribes to the offer or in other communications made available to the user.
If the user takes out a subscription using any type of discount, the subscription will be automatically renewed at the public rate applicable to the period during which the user benefited from a discounted rate and detailed in the "Discover offers" section, unless another promotional offer is applicable or this rate is modified under the conditions previously defined.
Once the user has taken out a subscription via the website, they can cancel their subscription at any time by going to their "my account" area and following the instructions.
In this case, the amounts already paid by the user for the current subscription will not be refunded and the user will continue to have access to the functionalities until the end of the billing period.
The user account will be automatically closed at the end of the current billing period.
Where the user has taken out a subscription via the mobile applications, they may cancel the renewal of their subscription at any time with Apple and Google before the end of the applicable billing period. The cancellation will take effect for the next billing period and the user will not receive a refund for the current billing period.
In the event of suspicion of fraudulent use of the user account or in the event of serious or repeated failure by the user to comply with these terms and conditions, WAYNIUM reserves the right, without any compensation or prior notice :
The User acknowledges that WAYNIUM shall not be liable to the User or any third party for the consequences of the closure or suspension of the user account. In these cases, WAYNIUM informs the user of the suspension or closure of the user account.
In the event of suspension of the WAY-Partner account, access to the functionalities and data of the user account will be rendered impossible for the user until the user account is re-established.
If the account is closed, access to the functionalities and data on this user account will be rendered impossible for the user for good.
In all cases, the user remains responsible for any use of their user account prior to its closure or suspension.
Closure of the user account automatically entails termination of this agreement. However, all clauses of this agreement which, by their nature, must remain in force, will remain in force.
The user undertakes to use the Services in accordance with these terms and conditions.
The user agrees not to reproduce, copy all or part of the services provided by WAYNIUM, which retains full ownership.
The user is prohibited from using the graphic elements resulting from the services provided by WAYNIUM and whose use is allowed to him.
The user undertakes not to adapt or develop the services described herein or products likely to compete with them.
The user formally refrains from intervening or having a third party intervene on the services to correct any errors that may appear during use.
The user undertakes to use the Services in accordance with the specifications given by WAYNIUM.
In the event of improper use, the user shall be liable for all damages incurred as a result of such use.
The user acknowledges that WAYNIUM makes the services available to the user but cannot be held responsible for their use or for the entries made.
By mutual agreement, the parties expressly agree that WAYNIUM is bound by an obligation of means with regard to access to the Services and functionalities and that its liability may only be incurred by the user in the event of a proven fault.
WAYNIUM shall not be held liable for any disruption to the Services or functionalities or for any damage inherent in the Internet and having the characteristics of an event of force majeure.
WAYNIUM shall not be liable for any consequences that may result from the use of the Services, including decisions that may be made or actions that may be taken based on actions performed on the Services or using the features.
WAYNIUM may not be held liable in the event of illicit, fraudulent or abusive use or deliberate or involuntary disclosure to anyone of the temporary authentication code received by SMS.
WAYNIUM cannot be held responsible for inappropriate use of its Services or features.
The user undertakes to use the Services and functionalities under his exclusive responsibility. The user is solely responsible for ensuring that the Services and functionalities are used in accordance with the provisions hereof and the associated Documentation.
The user is also solely responsible for :
The user also guarantees WAYNIUM against any action by another user or third party, based on the operation of the Services and features, their use and the results obtained.
The user undertakes to use the Services under his exclusive responsibility, particularly with regard to the information and documents collected from his own customers and their use in the Services and functionalities.
The user is solely responsible for ensuring that its personnel use the equipment in accordance with these terms and conditions.
By mutual agreement, the parties agree that WAYNIUM is only liable for the consequences of direct damage and that compensation for indirect damage is excluded.
Indirect damage includes loss or alteration of data, time, profits, turnover, margins, return on investment, loss of orders, customers, operations, income, commercial actions or damage to brand image or the value of operations, expected gains or results and action by third parties.
The loss is, by mutual agreement, limited to the sums actually paid by the user for the subscription in progress when the loss occurred.
This clause shall continue to apply in the event of the nullity, resolution, termination, lapse or annihilation of these contractual relations.
Each of the parties is free to determine the purposes and means of the data processing they carry out.
Each of the parties guarantees the other that it has implemented the legal prerequisites necessary for the present agreement and for the protection of personal data in compliance with the applicable regulations, in particular formalities, the provision of information to individuals and, where applicable, the obtaining of consent where this is necessary.
One party does not intervene in any way in the processing carried out and operated by the other party, except in the event of subcontracting of processing as referred to in this article "Personal data".
Each of the parties undertakes to comply with the legislation and regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation or "GDPR") applicable from 25 May 2018 and French Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, as amended (hereinafter the "applicable regulations on the protection of personal data").
Each of the parties is responsible for all the legal and regulatory obligations incumbent upon it with regard to the protection of personal data.
One party may not be held liable for the failure of the other to fulfil its obligations in its personal capacity.
In this respect, each of the parties is personally responsible for any penalties or financial consequences that it may incur as a result of its failure to comply with data protection regulations.
In accordance with applicable data protection regulations, the user is referred to as the "Data Controller" and WAYNIUM, which processes personal data on behalf of and on the instructions of the customer, is referred to as the "Data Processor".
The "Personal Data" special conditions describe the object and duration of the processing, the nature and purpose of the processing, the type of personal data processed, as well as the categories of persons concerned by the processing carried out by WAYNIUM on behalf of the user within the framework of the present conditions.
Use of the functionalities requires the creation of a user account and the collection of personal data concerning the user, in particular :
This data was supplied directly by the user.
The main purposes of this processing are:
The processing for the purpose of creating the WAY-Partner account, authentication, activation, management and administration of the account; invoicing of subscriptions; detection of anomalies; assistance to Users is necessary for the execution of the present contract, the management and use of the Way Corp. collaborative platform.
Processing for the purposes of evaluating and rating user activity according to WAYNIUM quality criteria and sending marketing communications is based on WAYNIUM's legitimate interests.
The recipients of this data are the authorised personnel and subcontractors of WAYNIUM within the limits of their functions.
The following are recipients within WAYNIUM :
The service providers with access to the data are as follows:
WAYNIUM undertakes not to keep personal data beyond the retention period set for the purposes for which it was collected:
The following periods apply: 3 months after closure of the customer account
Longer retention periods may be set to ensure compliance with legal or regulatory obligations.
Users are informed that they have a right of access, rectification, deletion of data, limitation of processing and a right to define directives on the fate of data after the user's death.
The user also has a right to the portability of the data he has provided, which means that he has the right to obtain that his personal data be transmitted directly by WAYNIUM to another data controller, in a structured, commonly used and machine-readable format where this is technically possible.
The user may exercise the aforementioned rights by notifying WAYNIUM :
If WAYNIUM has any doubt about the identity of the user making the request, WAYNIUM reserves the right to request proof of the user's identity.
The present does not imply any transfer of any kind of intellectual property rights on the elements belonging to WAYNIUM.
The Services, trademarks, designs, models, images, texts, photos, logos, graphic charts, software and programs, databases, sounds, videos, domain names, design or any other element comprising the Services and materials, with the exception of third party elements defined below, are the exclusive property of WAYNIUM and are protected by all intellectual or industrial property rights recognised by the laws in force.
Any reproduction and/or representation, total or partial of one of these rights, without the express authorisation of WAYNIUM, is prohibited and would constitute an infringement likely to engage the civil and penal liability of the infringer.
Accordingly, the user agrees not to take any action or perform any act that may directly or indirectly infringe the intellectual property rights of WAYNIUM.
Elements belonging to third parties, such as brands, logos, images, texts and sounds, without this list being exhaustive, are the exclusive property of their author and are protected as such by copyright, trademark law or any other right recognised by the laws in force.
The user undertakes not to infringe, directly or indirectly, the property rights of third parties whose content is present in the Services and undertakes not to exploit these elements in any way whatsoever.
The user undertakes to respect all the rights of third parties whose content is included in the Services.
WAYNIUM grants the user, who accepts it, a personal, non-exclusive and non-transferable licence to use the Services, for the duration of the present agreement.
The right of use is limited to the functionalities of the Services and to the scope of the licence.
Any use not expressly authorised by WAYNIUM is unlawful.
In particular, the user is prohibited from :
WAYNIUM reserves the right to verify by any means that the services or features they contain are used under the conditions hereof and are not used without its authorization. Thus the user agrees to provide WAYNIUM on request an updated description of all elements of the license area: data fields used, number of authorized users.
The Services may interact with third party applications, websites and services in order to make the functionalities of the WAY-Partner Services available to the user.
The user is formally informed that the applications, sites or services that they can access through the Services or by activating hypertext links do not belong to WAYNIUM.
WAYNIUM declines all responsibility for the content of the information provided on these applications, sites and for the confidentiality policy of these sites and applications. The user may not invoke the liability of WAYNIUM in the event of loss or damage of any kind whatsoever as a result of the use of these third party services and/or the activation of hypertext links.
Each of the parties certifies that it has taken out an insurance policy with a reputable and solvent insurance company established in France for all the financial consequences of its professional, tortious and/or contractual civil liability as a result of personal injury, material and immaterial damage caused to the other party and to any third party in the performance of the present contract.
At the request of the other party, each of the parties must be able to present a dated and signed certificate from its insurer providing proof of professional liability insurance, the premiums for which are payable by it, covering personal injury, property damage and consequential loss.
WAYNIUM's liability shall not be extended by providing the user with insurance certificates taken out by WAYNIUM.
The user authorises WAYNIUM to use any subcontractor of its choice in compliance with the provisions defined in the data processing agreement appended hereto.
The user has access to assistance relating to the operation of the Services.
To this end, WAYNIUM provides the user with :
The cost of telephone calls and telecommunications is borne by the user.
The corrective maintenance service consists of correcting any reproducible anomaly that appears in the use of access to the Services.
It is the user's responsibility to refer to the Documentation before each incident report, in order to be able to describe the problems encountered accurately and exhaustively.
Any anomaly must be identified by the user and reported to WAYNIUM with sufficient precision (such as make and model of the phone, version of the IOS or Android system, name of the customer, date and time of the mission concerned, data concerned, precise description of the problem, etc.) so that WAYNIUM can intervene.
Updates to the Services may be installed by WAYNIUM as and when they become available.
These updates, which are decided unilaterally by WAYNIUM, will be made available to the user who must download them for the mobile application by visiting the store.
In case of termination of contractual relations, for whatever reason, WAYNIUM will make its best efforts to return to the user, as soon as possible after termination of contractual relations, all data and information provided by the user to WAYNIUM.
In this context, remote access to the Service granted to the user will no longer be authorised and the user undertakes not to use or attempt to use the Service.
WAYNIUM's Services, its functionality, its data model, its graphical interface, its Documentation, as well as the ideas, principles, know-how, methods underlying the Services, algorithms, data organisation, navigation and any other element included in the Services, hereinafter referred to as "Confidential Information", shall be deemed confidential.
The user undertakes to ensure that Confidential Information :
The user also undertakes to :
For its part, WAYNIUM undertakes to respect the confidentiality of the user's data under the conditions set out herein.
The user undertakes vis-à-vis WAYNIUM not to develop, directly or indirectly, an identical or similar service, competing or for internal use, the Services and features subject hereof and throughout the duration of the subscription and its renewals and thereafter, whatever the cause, for a period of five (5) years.
Both parties acknowledge that this obligation is not disproportionate and corresponds to the express will of the parties.
In the event of a breach of this obligation, the user undertakes to pay WAYNIUM compensation in the amount of 200,000 euros.
This compensation is due, notwithstanding any damages resulting from the loss suffered.
WAYNIUM may quote the name of the user as a commercial reference in accordance with commercial practice, including at the end of the contractual relationship.
Initially, cases of force majeure will suspend performance of the present contract.
If the cases of force majeure last longer than two months, the present contract will be terminated automatically, unless the parties agree otherwise.
The following events are expressly considered to be cases of force majeure or fortuitous events, as generally accepted by the jurisprudence of French courts and tribunals:
Acceptance of the contract by electronic means has the same evidential value between the parties as agreement on paper.
The computerized records stored in the computer systems of WAYNIUM will be kept in reasonable conditions of security and considered as proof of communications between the parties.
The same applies to letters sent in connection with the performance of the contract.
Each of the parties expressly accepts the use of this means in application of article 1126 of the Civil Code.
In the event of difficulties of any kind and prior to any legal proceedings, each of the parties undertakes to appoint a person from its organisation.
These persons must meet on the initiative of the earliest party within eight (8) days of receipt of the letter requesting the conciliation meeting.
The agenda is set by the party initiating the conciliation.
Decisions taken by mutual agreement are binding.
This clause shall continue to apply notwithstanding any invalidity, resolution, termination or annulment of these contractual relations.
All notifications and complaints must be made in writing and may be addressed to :
The user acknowledges that the fact that WAYNIUM tolerates a situation does not have the effect of granting the user acquired rights.
Furthermore, such tolerance cannot be interpreted as a waiver of the rights in question.
The clauses declared as surviving after the end of the present contract, whatever the terms of termination such as arrival of the term or contractual breach, continue to apply until the end of their particular purpose. This applies in particular to liability, ownership, commercial reference and confidentiality clauses.
These terms and conditions are governed by French law.
This applies to both substantive and formal rules, regardless of where the substantive or ancillary obligations are performed.
This clause is legally autonomous. It shall continue to apply notwithstanding any invalidity, termination, resolution or annulment of the present contractual relationship.
In the event of litigation concerning all contractual relations of a contractual or extra-contractual nature, jurisdiction is expressly attributed to the commercial court of the registered office of WAYNIUM, notwithstanding plurality of defendants or the introduction of third parties.
39.00 / month
12-month commitment
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44.00/month
6-month commitment
49.00/month
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55.00/month
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