Updated on January 16, 2024
KEY PRINCIPLES
The present general terms and conditions ('Conditions') apply to the mobile applications and/or websites of Gustave in France. The App(s)/Web Site(s) Services allow you to request services from third-party service providers or directly from Gustave. These services are provided or made available under the TECHACTION brands, including Gustave, Gustave-auto, and Gustave.work.For Third-Party Services, you are bound by a direct contract with the Third-Party Service Providers, and Gustave acts as a technological intermediary platform to enable you to request and receive these services. Regarding automotive services provided by Third-Party Service Providers operating in the automotive services sector and using Gustave's websites/applications, Gustave, in its capacity as a booking center, guarantees their proper execution under the conditions set forth in these Conditions. For Services Provided by Gustave, you may be asked to accept separate conditions governing your use of these services. Please read these Conditions carefully. They include information about the services and your rights, as well as other important details.
ABOUT US
We are TECHACTION, a simplified joint-stock company established in France with a capital of 2000 euros, registered with SIRET 91796318300012, and located at 128 Rue La Boétie, Paris 75008 (France). You can contact us at help.gustave.com.
DEFINITIONS
The 'Community Charter' refers to the community charter, in its latest effective version, which outlines the expectations for all users of the App(s)/Web Site(s). The most recent version of the Community Charter is available here. The 'Third-Party Service Providers' or 'Gustave Partners' or 'Gustave workers' are independent third parties, including automobile transporters, mechanic partners, bodywork partners, delivery partners, logistics providers, and/or providers of other mobility maintenance services, who use Gustave's mobile applications and/or websites.The 'Third-Party Services' notably include services and goods in the field of automotive service, delivery, logistics, and mobility, provided to you by independent Third-Party Service Providers, such as transportation services. These services are made available to you through the App(s)/Web Site(s) Services, as defined below.«Gustave» refers to TECHACTION, or one of its subsidiaries or affiliated companies («we» or «our»).«Gustave Marks» refers to the trademarks of Gustave, including Gustave.«Services Provided by Gustave» refers to the services provided directly by Gustave to you and may be subject to separate conditions.«Names, Brands, or Works of Gustave» refers to the trade names, logos, product or service names, product trademarks, service trademarks, commercial presentations, other proprietary signs, or copyrights of Gustave or its licensor.
CONDITIONS
1. Summary
1.1. These general terms and conditions govern your use of Gustave's mobile applications and/or websites ('Conditions'). You must carefully read and accept these Conditions before creating your customer account via Gustave's mobile applications and/or websites, as the creation of a customer account is a mandatory prerequisite for requesting Services Provided by Gustave or Third-Party Services. Your acceptance of these Conditions establishes a contractual relationship between you and Gustave. These Conditions expressly supersede any prior agreements or arrangements between you and Gustave regarding the App(s)/Web Site(s) Services (as defined below).
1.2. These Conditions apply to the extent that they do not conflict with the terms of use and additional conditions that specifically apply to Gustave's mobile applications and/or websites. You will be required to accept such conditions separately.
1.3. Gustave acts as a technological intermediary platform for Third-Party Services and as a service provider for Services Provided by Gustave (See Article 4 below). Whenever Third-Party Services such as chauffeuring, car washing, repair, automotive maintenance, and any other actions related to the maintenance and care of Clients' assets are accessible through Gustave's mobile applications and/or website, Gustave ensures, under the conditions specified in Article 14 herein, the proper execution of said maintenance/repair services by Third-Party Service Providers.
2. App(s)/Web Site(s) Services
2.1. The services provided by Gustave to you include:
2.1.1. Access and use of Gustave's mobile applications and/or websites that allow you to request and receive Third-Party Services and/or Services Provided by Gustave;
2.1.2. Payment collection and processing services (including the issuance of invoices and receipts on behalf of Third-Party Service Providers) enabling us to bill you and transfer the amounts paid to the bank account of Third-Party Service Providers for Third-Party Services or to Gustave's bank account for Services Provided by Gustave (TECHACTION may have these services provided on its behalf by affiliated companies or third parties) (collectively the 'App(s)/Web Site(s) Services').
2.2. These Terms regulate your use of the App(s)/Web Site(s) Services in Europe.
2.3. Gustave's mobile applications and/or websites will be provided to you under various Gustave Marks.
2.4. Unless there is a separate written agreement, the App(s)/Web Site(s) Services are provided for your personal and non-commercial use only.
2.5. You may request and receive Third-Party Services or Services Provided by Gustave via Gustave's mobile applications and/or websites.
3. Third-Party Services
3.1. For Third-Party Services, Gustave acts as a technological intermediary platform between you and the Third-Party Service Providers to facilitate the provision of Third-Party Services by them. Gustave does not provide Third-Party Services. All Third-Party Service Providers are independent third-party contractors, commercial entities, or other types of businesses and are not employees of Gustave.
3.2. When you are logged in, online, and near Third-Party Service Providers who are also connected to Gustave's mobile applications and/or websites, you receive information about Third-Party Services through Gustave's mobile applications and/or websites before deciding to make a request.
3.3. To the extent permitted by law, Third-Party Service Providers (for Third-Party Services) and Gustave (for Services Provided by Gustave) are free to decide whether to accept or reject a request.
3.4. For certain Third-Party Services, you may be required to accept separate terms and conditions before using these Third-Party Services.
3.5. You may be asked to rate the Third-Party Service Provider whose services you have requested. The Third-Party Service Provider may also provide you with a rating. Third-Party Service Providers will see the ratings on Gustave's applications and/or websites, and these ratings may influence their decision to provide you with Third-Party Services or not. For more information on ratings, please refer to our Community Guidelines.
4. Services Provided by Gustave
4.1. For Services Provided by Gustave, Gustave acts as a service provider as an intermediary. Specific terms governing the Services Provided by Gustave will be outlined in additional conditions or a separate agreement.
5. Use of the App(s)/Web Site(s) Services
5.1. Gustave's mobile applications and/or websites can be downloaded or accessed on most modern mobile devices with an internet connection and common operating systems such as Android or iOS for mobile, and Windows and MacOS for computers.
5.2. It is your responsibility to obtain access to the necessary network for the use of the App(s)/Web Site(s) Services, and all fees and charges from your mobile/internet network provider are your responsibility, including data related to the use of Gustave's mobile applications and/or websites. You are also responsible for accessing compatible devices and operating systems necessary for the use of the App(s)/Web Site(s) Services, including software or hardware updates.
5.3. In order to use the App(s)/Web Site(s) Services, you must register on Gustave's mobile applications and/or websites and create an account. At the time of registration, you must be eighteen (18) years old or the legal age of majority in the country where you are registering if it is different from eighteen (18) years, unless the conditions governing the specific Third-Party Service or Service Provided by Gustave impose different age requirements.
5.4. You are required to provide certain personal information for registration, including your phone number and email address. To use the App(s)/Web Site(s) Services, the Services Provided by Gustave, or certain Third-Party Services, you may need to provide at least one valid payment method (credit card, debit card, or any other accepted payment method). You may be required to provide additional information, such as your address and additional documents, before using certain Services Provided by Gustave or certain Third-Party Services.
5.5. Despite entering into a subscription with a commitment duration, you are not required to log in or use Gustave's mobile applications and/or websites, and neither are the Third-Party Service Providers. If you decide to discontinue using Gustave's mobile applications and/or websites, you may do so without notifying us.
5.6. We may temporarily restrict your access and use of the Gustave mobile applications and/or websites in the event of an alleged violation of your obligations outlined in Articles 5 'Use of the Gustave Mobile Applications/Sites,' 6 'Your Obligations,' 7 'Fees and Payment,' 10 'Intellectual Property,' within these Terms, including situations where we receive a claim related to fraudulent activity. This restriction will not exceed the time necessary to verify information regarding the alleged violation of these obligations. In certain circumstances, we may be unable to provide you with information about the claim while an investigation is ongoing (conducted by us and/or a third party such as law enforcement).
6. Your obligations
6.1. When using the App(s)/Site(s) Services, you must comply with all applicable laws. You may only use the App(s)/Site(s) Services for lawful purposes and as intended, as specified in these Conditions. You must not misuse Gustave's mobile applications and/or websites or attempt fraudulent acts against us or Third-Party Providers. For further details on your expected conduct, please refer to our Community Guidelines.
6.2. You must provide accurate and complete information when registering an account and when using the App(s)/Site(s) Services.
6.3. Your account is personal. It may not be rented or shared unless expressly authorized by Gustave. Once you have created an account:You may not register more than one account unless expressly permitted in writing by us.You may not authorize third parties to use your account or transfer your account to a third party. You must ensure that the information related to your account is accurate, complete, and up-to-date.You must not disclose your confidential login information.You must inform us immediately if you have reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.
6.4. You will be responsible for the payment of all fees that may be due due to the provision of Third-Party Services or Services Provided by Gustave requested through your account, unless access and use of your account result from a force majeure event, the actions of a third party exhibiting force majeure characteristics (e.g., hacking, computer piracy), or a breach of Gustave's security obligation. In the event of a credit card theft or bank information theft, you are required to immediately notify your banking institution to take the necessary steps.
6.5. In your use of the App(s)/Site(s) Web Services, you must not cause inconvenience, issues, discomfort, or physical damage, whether to the Third-Party Provider, Gustave, or any other person.
7. Fees and Payment
7.1. Fees related to the App(s)/Site(s) Web
7.1.1. You will not be charged for the use of the App(s)/Site(s) Web. However, we reserve the right to introduce usage fees, in which case you will be informed in writing in advance within a reasonable timeframe. In the event of disagreement with these changes, you will have the option to terminate these Conditions before these fees are introduced. If you choose to terminate these Conditions, you will no longer be able to access or use the App(s)/Site(s) Web.
7.1.2. Subject to prior written notice within a reasonable timeframe, we may introduce fees, whether recurring or one-time, for specific features on the mobile applications and/or websites of Gustave. In the event of disagreement with these changes, you will have the option to terminate these Conditions before these fees are introduced. These features may be subject to separate terms and conditions and may involve an additional subscription of the Software as a Service (SaaS) type.
7.2. Fees related to Third-Party Services and Services Provided by Gustave
7.2.1. If you make a request through Gustave's mobile applications and/or websites, you agree to pay the applicable fees. You will be responsible for all charges associated with your account as described in Article 6.4 above.
7.2.2. Depending on the Service Provided by Gustave or the Third-Party Service used, and notably the location where it is provided, the total amount of fees related to your request may be calculated and displayed on Gustave's mobile applications and/or websites before you confirm your order. Alternatively, fees may depend on your use of Third-Party Services or Services provided by Gustave (e.g., time and/or distance traveled). In such cases, the applicable fee schedule will be communicated to you in Gustave's mobile applications and/or websites before order confirmation. An estimate of these fees may be displayed in Gustave's mobile applications and/or websites for indicative purposes only.
7.2.3. Additional fees and/or penalties may be charged to you, as outlined in Section 7.3.1, by Third-Party Providers due to your use or misuse of Third-Party Services (such as repair or cleaning fees) or by Gustave due to your use or misuse of Services Provided by Gustave.
7.2.4. If Third-Party Services or Services Provided by Gustave cannot be provided due to an act or inaction on your part (for example, if you are not present at the delivery location to receive the delivery or collection of a vehicle, or if you fail to unlock the vehicle in the case of a vehicle equipped with telematics), all associated fees may be charged to you, unless you can demonstrate that the inability to provide the services is not due to your act or inaction.
7.2.5. Once the Third-Party Service or Service Provided by Gustave has been rendered, we may issue an invoice directly or on behalf of the Third-Party Provider, as applicable. The invoice will include VAT, if applicable.
7.3. General
7.3.1. For more information on fees and any additional charges and/or penalties specific to each Third-Party Service or Service Provided by Gustave, please refer to the 'help' section in the mobile applications and/or on the Gustave websites (such as Help) or the corresponding pages on our Gustave-auto.com or gustave.work website(s).
7.3.2. Fees are subject to change in the Gustave mobile applications and/or websites. You will be notified in advance of any changes to the fees via email or notification on the Gustave mobile applications and/or websites. You must accept these changes to continue using them. If you do not accept them, you should cease using the App(s)/Web Services.
7.3.3. Tips are not included in the fees. If applicable, you may provide tips either directly or through the Gustave mobile applications and/or websites. We will collect tips given through the Gustave mobile applications and/or websites on your behalf and distribute them to the recipients.
7.3.4. Unless otherwise agreed, all fees are due immediately after you have made your request, and payment will be facilitated by Gustave using the preferred payment method linked to your account, after which Gustave will send you a receipt via email. If your primary payment method cannot be used, Gustave may use a secondary payment method if available. If your payment method(s) are unavailable, we reserve the right to continue attempting to obtain payment.
7.3.5. Fees are inclusive of all taxes for individuals, including VAT, and exclusive of taxes for companies.
8. Cancellation
8.1. Unless otherwise indicated below and except for non-perishable items, in certain cases, you do not have the right to cancel the request for Third-Party Services and Services Provided by Gustave once it has been accepted. However, for certain Third-Party Services, Gustave or the Third-Party Provider may allow you to cancel the request, but cancellation fees may apply.
8.2. Gustave may reject requests and cancel Third-Party Services or Services Provided by Gustave if there is a reasonable doubt about the accuracy or authenticity of the request or your details. In such cases, cancellation fees may also apply.
8.3. Third-Party Services or Third-Party Providers do not have the right to cancel an accepted assignment without being replaced by another Third-Party Provider within the Gustave community. In the event of such cancellation, if the agreed-upon assignment is canceled, Gustave reserves the right to charge mission cancellation fees to the Third-Party Provider.
9. Licence
Subject to your compliance with these terms and conditions, we grant you a personal, global, non-exclusive, non-transferable, revocable license that cannot be sublicensed, to install and/or use Gustave's mobile applications and/or websites on your device, for your sole use and solely to enable you to access and use the information made available through Gustave's mobile applications and/or websites. All rights not expressly granted herein are reserved by Gustave and its licensors.
10. Intellectual Property
We reserve all rights not expressly granted in these Terms. Our App(s)/Site(s) Services, our devices, and all data collected through Gustave's mobile applications and/or websites (including all intellectual property rights in the foregoing) are and remain our property or the property of our licensors. You may not perform (and may not allow anyone else to perform) the following acts: (a) grant a license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any portion of Gustave's mobile applications and/or websites; (b) reverse engineer or attempt to extract the source code of Gustave's mobile applications and/or websites, except as permitted by law; (c) launch or cause to be launched any program or script with the purpose of retrieving, indexing, scraping, or extracting data from any part of Gustave's mobile applications and/or websites or Gustave's data; (d) use, display, or manipulate any Name, Mark, or Work of Gustave for any purpose other than the use of Gustave's mobile applications and/or services; (e) create or register (i) businesses, (ii) URLs, (iii) domain names, (iv) names or titles of software applications, or (v) pseudonyms or social media profiles that contain Names, Marks, or Works of Gustave or any similar mark, name, title, or work likely to cause confusion; (f) use Names, Marks, or Works of Gustave as the image or wallpaper of your social media profile; (g) purchase keywords (including Google AdWords) that contain Names, Marks, or Works of Gustave; or (h) seek to register, reference, use, copy, and/or claim ownership of the Names, Marks, or Works of Gustave or any other name, mark, title, or work similar or likely to cause confusion, in any manner and for any purpose, alone or in combination with other letters, punctuation, words, symbols, designs, and/or other creative works, except as permitted by the limited license granted above.
11. Personal Data
We collect, use, and disclose information from or about you, as outlined in our Privacy Statement. Additional privacy statements may apply, including those from third-party data controllers, for the Services Provided by Gustave or Third-Party Services.
12. Your Responsibilities
You are responsible for any damage resulting from your violation of these Terms, misuse of the App(s)/Site(s), or breach of any legal provision or third-party rights. It is your responsibility to make and maintain copies of the data available on your account that you need (e.g., invoices).Each Customer or Tier Provider is responsible for providing all necessary information for the proper execution of the Service. Each item entrusted during a service (motorized equipment, parcels, etc.) is the responsibility of each Tier Provider acting on the item during the service and is relieved of responsibility upon the return of the item by the Customer.
13. Disclaimer of Liability
The App(s)/Website(s) services may be subject to limitations, delays, and/or other issues due to the use of the internet and electronic communications provided by a third-party provider, unforeseeable and insurmountable actions of a third party, or the occurrence of a force majeure event. The App(s)/Website(s) services may experience interruptions during maintenance activities that may affect your use of the services, and you will be informed accordingly when applicable.
14. Limitation of Liability
14.1. No provision of these Terms limits or excludes liability for death or personal injury caused by negligence, and liability incurred for fraud or willful misconduct, nor does it modify your rights as a consumer.
14.2. If you are acting as a consumer, your contractual liability cannot be incurred for unforeseeable damages at the time of the conclusion of the contract, related to the use of the App(s)/Website(s) Services.
14.3. For all users of the App(s)/Website(s) who are not acting as consumers, our liability cannot be incurred for indirect damages, including: (i) loss of profits; (ii) loss of revenue; (iii) loss of agreements or contracts; (iv) loss of expected savings; (v) loss of data or information; and (vi) loss of clientele.
14.4. We are not responsible for delays or failures in performance resulting from a force majeure event.
14.5. We are not liable for material or immaterial damages caused by Third-Party Service Providers.
14.6. For users of the App(s)/Website(s) who are not acting as consumers, our total liability to you for the use of Gustave's mobile applications and/or websites (notwithstanding any other agreement between us in which liability provisions are governed by a separate agreement) will be limited to ten (10) % of what Third-Party Service Providers have billed through Gustave's App(s)/Website(s) during the relevant period. We also exclude any warranty and disclaim all liability for any act or omission on your part or that of a third party.
14.7. Gustave undertakes, with regard to the consumer, to properly execute the services provided through the App(s)/Website(s). The Third-Party Service Provider is obligated to fulfill the obligations arising from the provision of Third-Party Services, including the quality of services (quality, suitability). It is reminded to the consumer user that, concerning Third-Party Services, they enter into a contract directly with the Third-Party Service Provider.
14.8. Regarding the Convoying Services or Mechanical Services provided by Third-Party Providers operating in the automotive repair and towing sector and using Gustave's mobile applications and/or websites, Gustave undertakes, jointly with the Third-Party Provider, to ensure the proper fulfillment of obligations arising from the transportation service performed in France following a reservation made through the App(s)/Website Services under the conditions set forth in Title IV of the French Transport Code related to matchmaking activities. It is further emphasized in this regard that Gustave does not provide transportation services but rather services referred to as "booking center" services within the meaning of applicable French law.
14.9. Gustave's liability cannot be incurred in whole or in part in the event of non-performance or improper performance of services when such non-performance or improper performance is attributable to you, or when it results from an unforeseeable and insurmountable act of a third party unrelated to the provision of services, or in the case of force majeure.
15. Termination
15.1. You are free at any time to use the App(s)/Site(s) Services (if applicable), and you may terminate these Terms and the App(s)/Site(s) Services by requesting the closure of your account with a one-month notice period.
15.2. We may terminate these Terms and your access to the App(s)/Site(s) Services by informing you in writing and within a reasonable period if you fail to comply with your obligations outlined in articles 5 "Use of App(s)/Site(s) Services," 6 "Your obligations," 7 "Fees and payment," 10 "Intellectual Property" of these terms. For compelling security reasons related to the protection of users of the App(s)/Site(s) Services, particularly following a criminal complaint communicated to us or in the case of proven crime or offense or suspicion of crimes or offenses, we may terminate these Terms and your access to the App(s)/Site(s) Services with immediate effect.
15.3. Upon receiving the notification, you may contact us to provide your comments and complaints. Gustave will reinstate your access to the App(s)/Site(s) Services if you can demonstrate that the breach of your obligations results from the actions of a third party meeting the criteria of force majeure or is a force majeure event.
15.4. Gustave may terminate these Terms or suspend the App(s)/Site(s) Services for a duration not exceeding the time necessary for verifying information related to breaches, in case of a violation of the law, these General Terms, or the Community Charter. You will be informed in writing within a reasonable period in advance.
15.5. If we are unable to debit the payment method you have provided for the fees you owe us, we will promptly notify you in writing and may suspend or terminate your access to the App(s)/Site(s) Services until payment is made. Upon receiving information about the suspension or termination of your access to the App(s)/Site(s) Services, you can contact us to update your payment information or provide comments and justifications. If you can demonstrate that the failure to fulfill your payment obligation results from the actions of a third party meeting the criteria of force majeure or is a force majeure event, and you settle the outstanding amounts, we may reinstate your access to the App(s)/Site(s) Services.
15.6. You must promptly pay all outstanding fees owed to Third-Party Providers or Gustave upon termination. These fees remain payable despite the termination of these terms, and we reserve the right to pursue their payment after termination.
16. General
16.1. Gustave reserves the right to modify these Terms. We will inform you of these changes by email before they come into effect within a reasonable period. You will be bound by these modifications once you have accepted them in the mobile applications and/or on the Gustave websites and/or by email, if applicable. If you do not agree with these modifications, you are free to close your account in accordance with Article 15.1.
16.2. In the event of nullity of a clause in these Terms, the parties' intention is for the remaining provisions of the General Terms and Conditions to remain in effect. If you are using the App(s)/Website(s) Services as a consumer, the validity and enforceability of the other clauses of these Terms in the event of nullity of a clause in these Terms will be decided, if applicable, by the judge ruling on the nullity of said clause. Any invalid, illegal, or unenforceable clause shall be deemed deleted.
16.3. We may assign, subcontract, or transfer these Terms or any of our rights or obligations under them, in whole or in part, without your prior consent, provided that it does not result in a reduction of the rights you enjoy under these Terms or the law. You may not assign, subcontract, or transfer these Terms or any of our rights or obligations, in whole or in part, as your use of Gustave's mobile applications and/or websites is personal, unless otherwise agreed.
16.4. These Terms, along with any additional agreement related to the provision of the Gustave mobile applications/websites, constitute the entire agreement between us and supersede all prior agreements regarding your access and use of the Gustave mobile applications/websites.
16.5. You may be required to accept additional terms to access or use the Gustave mobile applications/websites. In the event of a conflict between these Terms and a separate agreement, the latter will prevail, unless otherwise specified in the separate agreement.
16.6. No third party benefits from these Terms, except as provided by these Terms.
16.7. Gustave commits not to compel its partners to accept missions and to compensate all its partners every 5th of the month. Partners, on their part, commit to diligently execute all missions they have accepted. In the event of a partner refusing to execute an accepted mission, Gustave reserves the right to implement financial sanctions.These financial sanctions will be applied only when the partner fails to fulfill a mission they have previously accepted. The financial penalty will correspond to the value of the unexecuted mission and, therefore, will not be subject to compensation.
17. Dispute Resolution Procedure
Gustave may provide users acting as consumers with a mediation system for amicable resolution of consumer disputes related to the App(s)/Site(s) Services or these Terms. In accordance with the Consumer Code, for any contractual dispute regarding the use of the App(s)/Site(s) Services in France that could not be resolved through a prior complaint submitted to Gustave's customer service, the consumer may, without this mediation procedure being a mandatory prerequisite for legal action, freely choose a mediator for resolution at no cost. Eligible consumers may also submit complaints regarding our services or these Terms to the online dispute resolution platform of the European Commission, accessible here in accordance with Regulation (EU) No 524/2013 of 21 May 2013. Gustave does not commit to using an online dispute resolution platform to resolve consumer disputes. Any complaint must be submitted within a reasonable period of one (1) month from the date of the service.
18. Applicable Law and Competent Jurisdiction
These Terms shall be exclusively governed and construed in accordance with French law, excluding its conflict of law rules, unless, if you reside in the EU, the consumer protection regulations of your country of residence provide more advantageous provisions for you, in which case, these provisions shall apply. The United Nations Convention on Contracts for the International Sale of Goods of 1980 (CISG) does not apply. You may bring legal proceedings regarding the Services before a competent French court. If you reside in the EU, you may also bring legal proceedings regarding the Services before the competent court in your country of residence. If you reside in the EU, we can only bring legal proceedings against you in your country of residence, unless you are acting as a professional, in which case you agree to submit to the exclusive jurisdiction of the French courts.
By accepting these Terms, you agree to be bound by them.
