Terms and Conditions of Sale of Services
Preamble
The general terms and conditions of sale described below detail the rights and obligations of DJOUBO and its client in the context of the sale of its services on the DJOUBO application.
Any service provided by DJOUBO therefore implies the client's unconditional acceptance of these general terms and conditions of sale present on its application.
Article 1 - Principles
These general terms and conditions concern the services provided between professionals and individuals.
These general terms and conditions express the entirety of the parties' obligations. They constitute the sole basis of the relationship between the parties, and, in this sense, the client is deemed to accept them without restriction or reservation.
Thus, these general terms and conditions of sale prevail over any other document between DJOUBO and its client.
They will be applicable as soon as they are published on the application and the service provider reserves the right to modify its general terms and conditions from time to time.
If a service provision condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These general terms and conditions of sale are communicated to any customer who requests them, in order to allow them to make their reservation.
The service provider reserves the right to deviate from certain clauses herein, depending on the negotiations conducted with the customer, by establishing specific terms and conditions of sale which will take the form of a specific service provision contract.
The service provider may, in addition, establish categorical general terms and conditions of sale, derogating from these general terms and conditions of sale, depending on the type of customer considered, according to criteria that will remain objective. Customers meeting these criteria will then have these categorical general terms and conditions of sale applied to them.
These general terms and conditions of sale are applicable until 31/12/2026.
Article 2 - Content
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of the services offered by the service provider to the customer. They concern the following services: connecting customers with TAXI or VTC drivers for medium and long distance journeys.
These terms and conditions only concern services provided in France for customers located on French territory. For any service provided outside France, or for a customer located outside France, please refer to the English version of the said T&Cs on the DJOUBO website or application.
Article 3 - Order confirmation
The contractual information will be confirmed by e-mail at the latest at the time of the start of the execution of the services, to the address indicated by the customer when creating the account on the application.
Article 4 - Information on services
The services governed by these general conditions are those that appear on the service provider's application and that are indicated as being carried out by the service provider or under its control. They are offered within the limits of the service provider's availability.
The services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the service provider cannot be held liable.
Article 5 - Price
The price of the service is set by means of a proposal established by DJOUBO. However, the price of the service may be subject to change depending on the customer's needs (addition of options as and when the service is requested).
Payment for the service constitutes acceptance of the price and services offered.
Calculation
The price of the service is set by means of a proposal established using an algorithm taking into account the distance of the journey, the number of people, the destination and the options added.
Rates are revised periodically.
Late payment penalties
In accordance with the law, any late payment requires the service provider to charge late payment penalties. The rate of late payment penalties is established on the basis of the legal minimum rate; in addition, the late debtor will be required to pay the service provider a fixed compensation for recovery costs of 40 Euros; in addition, the service provider will be entitled to suspend the performance of the services until full payment of the unpaid invoice without this non-performance being considered attributable to it.
Deposit
Any acceptance of the price proposed by DJOUBO on the application must be followed by payment of the price in full without the possibility of proceeding by deposit.
Article 6 - Payment terms and deadlines
Payment
The order is paid by credit card on the application or via the website. The service provider reserves the right to suspend any reservation in the event of refusal of payment authorization by officially accredited organizations or in the event of non-payment. The service provider reserves the right to suspend any reservation management in the event of non-payment.
The service provider reserves the right to refuse to make a reservation from a customer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered.
Proof of the transaction
The computerized records, stored in the service provider's computer systems under reasonable security conditions, will be considered as proof of communications, reservations and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 7 - Response times
In the event of a delay by the driver, the service provider cannot be held liable for any reason whatsoever. Consequently, no claim for compensation, of any nature whatsoever, may be claimed by the customer from DJOUBO directly. It will be necessary to contact the driver who made the journey directly.
In the event of the service provider being unavailable to carry out the service, the customer will be informed as soon as possible and will have the option to cancel their reservation. The customer will then have the option to request reimbursement of the sums paid within 30 days at the latest of their payment.
Article 8 - Terms of performance
The work is only started after confirmation of payment by the service provider's banking institution.
It is provided within the time period specified on the order form, from the receipt by the service provider of the order form.
In the event of non-compliance with the payment conditions listed above, the service provider may suspend or cancel the service.
The end of the service will give rise to an end-of-intervention document/message sent directly to the application in the place provided for this purpose.
Article 9 - Obligations of the service provider
The service provider's commitments constitute an obligation of means at the end of which the services will be performed in strict compliance with the professional rules in use and, where applicable, in accordance with the conditions of the contract. To do this, the service provider will assign to the performance of the services professionals with the skills required to ensure their performance in accordance with its quality standards.
Article 10 - Client Obligations
In order to facilitate the proper performance of the services, the client undertakes:
• to provide the service provider with accurate information within the necessary timeframes without being required to verify its completeness or accuracy;
• to notify the service provider directly of any potential difficulty relating to the performance of the services;
Article 11 - Information and advertising
The client acknowledges and accepts:
• that the parties may, unless expressly requested otherwise by the other party, correspond or transfer documents by electronic mail circulating on the Internet;
• that neither party exercises control over the capacity, reliability, access or security of these electronic mails;
• that the service provider shall not be held liable for any loss, damage, costs or harm caused by the loss, delay, interception, misappropriation or alteration of any electronic mail caused by any event whatsoever. In general, the parties undertake to comply with the regulations applicable to the protection of personal data and in particular the provisions of Law 78-17 of 6 January 1978 relating to information technology, files and freedoms.
Confidential information
Each party undertakes not to disclose confidential information received from the other party. Confidential information means information of any nature, visual or oral, on any medium whatsoever, relating to the services provided. Subject to the exceptions referred to below, this confidentiality obligation will be effective for the following period: the duration of the services is, five (5) years after the termination of the contractual relationship.
Excluded information
The obligations and restrictions set out above do not apply to:
• confidential information that is in the public domain, or was freely acquired before the start of the service;
• is or becomes known other than as a result of a violation of this article;
• are or become known through other sources not subject to a restriction on disclosure;
• or must be communicated under a legal or professional obligation or at the request of any judicial or regulatory authority authorized to require the disclosure of confidential information.
Subject to its confidentiality obligations, the service provider reserves the right to perform services for any individual without possible restriction.
Article 12 - Documents
The service provider will keep the original documents that have been given to it, and will return them to the client, upon request. All documents, data or information that the client has provided will remain its property.
The service provider will keep a copy of only the documents necessary for the creation of its working files.
The working documents prepared as part of the services are our property and are covered by professional secrecy.
Article 13 - Independence
In the event that a conflict of interest or an independence issue arises during the performance of the services, the service provider will immediately inform the client and will seek with the client the most appropriate solution to the situation in compliance with the applicable rules. More specifically, if a change in regulations or professional standards prohibits the service provider from continuing its services, it will make available to the client the result of the services as well as all documents necessary for their finalization, including its Documents as is, in order to facilitate their continuation by a third party.
Article 14 - Liability of the service provider
The entire liability of the service provider and that of its employees relating to any failure, negligence or fault, noted during the performance of the services, will be capped at the amount of the price paid for the services in question, in order to cover claims of any nature (including interest and costs), regardless of the number of actions, grounds invoked, or parties to the disputes.
This stipulation will not apply to liability for death or personal injury, or to any other liability that the law prohibits from excluding or limiting.
The liability of the service provider can only be incurred in the event of proven fault or negligence and is limited to direct damages to the exclusion of any indirect damages, of any nature whatsoever.
Furthermore, the service provider shall not be held liable in the following cases:
• following a failure or deficiency in a service whose provision or performance is not the responsibility of the service provider or its potential subcontractors;
• for facts and/or data that do not fall within the scope of the services, and/or which are not an extension thereof;
• in the event of use of the results of the services, for a purpose or in a context different from that in which it intervened, of incorrect implementation of the recommendations or of failure to take into account the service provider's reservations.
Article 17 - Guarantee
In any event, in the event that the service provider's liability is retained, the service provider's guarantee shall be limited to the amount excluding tax paid by the customer for the provision of the services.
Article 18 - Transferability and subcontracting
The service provider reserves the right to transfer all or part of the performance of the services to service providers meeting the same qualification requirements.
If the service requires specific technical skills, the service provider will inform the customer of the possibility of subcontracting part of it. The subcontractor will then intervene under the sole responsibility of the service provider and will undertake to keep confidential all information of which it becomes aware during the services.
Article 19 - Complaints
All complaints, whether amicable or legal, relating to the performance of the services must be made within one year from the end of the performance of the service.
Article 20 - Right of withdrawal
Since the customer is a private individual purchasing, the right of withdrawal provided for by the Consumer Code must be applied.
The customer therefore has a right of withdrawal of 14 days from the date of reservation.
Article 21 - Force Majeure
Any circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as grounds for exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
The following shall be considered as cases of force majeure: all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the case of force majeure lasts more than three months, these general conditions may be terminated by the injured party.
Article 22 - Partial non-validation
If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions will retain their full force and scope.
Article 23 - Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 24 - Title
In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 25 - Protection of personal data
Data collected
The personal data collected on the DJOUBO application are as follows:
- profile: the use of the services provided on the application allows you to fill in a profile, which may include an address and a telephone number;
- payment: as part of the payment for the services offered on the application, it records financial data relating to the user's bank account or credit card;
- communication: when the application is used to communicate with other members, data concerning the user's communications are temporarily stored;
- cookies: cookies are used, as part of the use of the application. The user has the option of deactivating cookies from their browser settings.
Use of personal data
The personal data collected from users is intended to provide the services of the DJOUBO application, improve them and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the application by the user;
- management of the operation and optimization of the application;
- verification, identification and authentication of data transmitted by the user;
- implementation of user assistance;
- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of possible disputes with users;
-sending of commercial and advertising information, according to the user's preferences.
Sharing personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user publishes publicly accessible information in the application's free comment areas;
- when the application uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
- if required by law, the application may transmit data to respond to complaints filed against the application and comply with administrative and legal procedures;
- if DJOUBO is involved in a merger, acquisition, transfer of assets or receivership procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.
Security and confidentiality
The application implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access.
Implementation of user rights
In application of the regulations applicable to personal data, users have the rights mentioned below, which they can exercise by making their request to the address: team@djoubo.app
• The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the application may request proof of the user's identity in order to verify its accuracy.
• The right of rectification: if the personal data held by the application is inaccurate, they can request that the information be updated.
• The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
• The right to limit processing: users can ask the application to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
• The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
Evolution of this clause
The DJOUBO application reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the application undertakes to publish the new version. The application will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he/she has the possibility to delete his/her account.
Article 26 - Applicable law
These general conditions are subject to the application of French law. They are written in French.
In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.
The parties undertake to seek an amicable solution to any dispute that may arise from the performance of the services.
If they fail to do so, the parties shall submit the dispute to the competent commercial court.