General Terms of Use

 

 

StationOne is a company under the laws of France, with a capital of 20000 euros, having its registered office at 69/73 boulevard Victor Hugo, bâtiment B1, 93400 Saint-Ouen, France, registered under the number 752 364 885 RCS Bobigny (hereafter “StationOne”).

Whereas

  1. StationOne provides services for professional players of the mobility sector via its platform www.station-one.com (the “Platform”).

 

  1. These Terms, along with their appendices and additional terms (together, the “Terms”), define the legal terms and conditions governing the access to and the use of the Platform by the Customer. The Terms, including any version thereof updated by the StationOne from time to time, are available at any time on the Platform. Access to and use of the Platform is subject to acceptance of these Terms by the Customer.

 

  1. The Customer wishes to access the Platform to conduct its business transactions digitally.

 

  1. The Customer hereby agrees to these Terms without reservations. The Customer shall ensure that any legal or natural person, acting under its authority or on its behalf and who accesses the Platform, reads, understands and agrees to these Terms, prior to the first access to the Platform and at each time these Terms are updated.

1. Definitions

Any word starting with a capital letter shall have the meaning defined hereafter.

StationOne Services means the services as may be provided by StationOne on the Platform pursuant to the Terms, such as:

  • Providing the Platform for purposes such as:
    • Enabling commercial offer publishing and web-hosting, strictly limited to professional commercial offers on Products and/or Services, for professional players of the Mobility Sector, whether public or private;
    • Facilitating intermediation in the purchase and sale of Products and/or Services between professional legal entities of the Mobility Sector. For the sake of clarity, StationOne will neither act as a Vendor or Purchaser of Products and/or Services nor act in attributing ownership of Products and/or Services sold and purchased in the Platform;
    • Generating invoices on behalf of the Vendor;
    • Generating purchase orders on the behalf of the Purchaser.
  • Statistics and data analysis, notably relating to the use of the Platform by Customer.
  • To help researches on the Platform and to facilitate the intermediation, a search engine is provided on the Platform. Ranking of results are based on objective criteria such as:
    • The key terms in the title and the body of the offer of Products and/or Services
    • The availability of the searched Products and/or Services
    • Delivery schedule
    • Minimum order quantity
    • The match between reference number included in the offer and the reference number searched
    • Compliance with technical standards and technical features defined by the Vendor
    • According to the category of Products and/or Services

Please note that StationOne does not accept any payment for influencing the ranking of the offers on the Platform.

 

Content means any content created, uploaded, posted, sent, received and/or stored by or on behalf of the Customer on and/or using the Platform. Content includes any information and data of any nature whatsoever, including technical information and data, Purchasers’ reference numbers of Products and/or Services, along with purchase orders and invoices as well as other editorial and/or graphic content.

 

Customer designates a StationOne’s customer, construed as the legal entity which registers on the Platform to use StationOne Services. The Customer may either be:

  • a vendor (the “Vendor”) which is allowed to sell Products and/or Services on the Platform; or
  • a purchaser (the “Purchaser”) which is allowed to buy Products and/or Services on the Platform.

The Customer clearly identifies its representatives being any natural person duly authorized by the Customer to act on its behalf. The Customer represents and warrants that the representatives’ credentials to access and use the Platform will remain strictly confidential, selects the rights and permissions to be granted to these representatives on the Platform and remains responsible and fully liable of any behavior, actions and omissions of these representatives on the Platform and their consequences. Customer shall immediately notify StationOne in the event that a representative’s credentials have been compromised and may be used without its authorization.

 

External User means any legal or natural person not registered on the Platform and navigating on the publicly accessible pages of the Platform.

 

Intellectual Property Rights means patents, industrial designs, copyrights, trademarks, geographical indications, trade secrets and other legal interests recognized or protected as intellectual property by international conventions and applicable laws. Intellectual Property Rights cover trade names, logotypes, methodology, know-how or process, technical or other documentation, data, database, information or file, software, program or other elements in any form whatsoever, including studies, specifications, graphic works, reports, results, signs, works, inventions, functional or technical analyzes, instructions and documents of any kind and in any form whatsoever created by or on behalf of StationOne or the Customer, or licensed to them by third parties.

Personal data means any information relating to an identified or identifiable natural person (‘Data Subject’) as defined by Regulation (EU) 2016/679 of 27 April 2016; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier;

 

Mobility Sector means transportation solutions related to passengers, goods or materials, whether public or private.

Payment Services Provider or PSP designate the entity in charge of any financial flow through the Platform and of the fulfillment of any applicable legal requirement regarding finance or banking regulations, such as, but not limited to, anti-money laundering and anti-terrorism financing requirements.

 

Platform means the online market-place web tool hosted and operated by StationOne to provide StationOne Services.

 

Products and/or Services means any product, part or service offered by a Vendor on the Platform and designed for professional players of the Mobility Sector, whether public or private.

 

2. Purpose and description of the Platform

StationOne makes available to Customer a Platform to allow for provision of StationOne Services in accordance with the Terms.

The Customer understands and agrees that its acceptance of the Terms and enrollment on the Platform does not entail any exclusivity undertaking with respect to StationOne. The Customer remains free to purchase and/or sell Products and/or Services outside of the Platform.

StationOne’s role consists in providing a Platform facilitating interactions and contact between Vendors and Purchasers players of the Mobility Sector, to enable them to enter into commercial sales contracts. Access to and use of this Platform is subject to a fee indexed on the selling price or Products and/or Services exchanged on the Platform. The Customer is solely responsible for all sales and transactions it made using the Platform.

The Customer understands and agrees that, StationOne only acts as an intermediary by providing the Platform and does not have any active role whatsoever in connection with:

  • The allocation of ownership of Products and/or Services traded on the Platform;
  • The entering into and execution of contracts by and between Purchasers and Vendors;
  • The delivery or safekeeping of the Products and/or Services traded on the Platform.

Therefore, StationOne is neither the Purchaser nor the Vendor of Products and/or Services. StationOne is not and cannot be deemed a party to any sale and/or service contract entered into between the Purchaser and the Vendor and assumes no liability of any nature whatsoever arising out of or in connection with such a sale and/or service contract. When providing StationOne Services, StationOne does not act as Purchaser or Vendor’s agent or employee, in any respect whatsoever.

For compliance and security purposes, StationOne has implemented a prior semi-automated validation of any Vendors’ catalog of Products and/or Services traded on the Platform. In order to facilitate transactions on the Platform, StationOne may create standard forms for the submission of offers thereto, and update such standard forms from time to time. Customer understands and agrees that such activities do not result in StationOne taking an active part in the drafting of edition of Customers’ offers, but is solely the result of Platform’s management operation and StationOne’s legal obligations.

 

3. Access and use of the Platform

3.1 Technical access rights

The Vendors, the Purchasers and the External Users have different access rights according to their role and/or mode on the Platform.

Vendors can only access their Vendor back-office and public pages of the Platform.

Purchasers can only access their Purchaser front-office and public pages of the Platform.

External Users can only access public pages of the Platform, may process basic researches on the Platform but has no possibility to place purchase orders or publish offers on the Platform.

 

3.2 Access modes

The Customer goes through different “modes” on the Platform:

  • Registration mode

The Customer provides Personal Data and/or company data before being allowed to access its Vendor back-office or Purchaser front-office on the Platform.

 

  • Active mode

The Customer accesses all functionalities of the Platform depending on its status (i.e. Vendor or Purchaser).

 

  • Downgraded mode

When a Vendor is in downgraded mode, it may not sell Products and/or Services on the Platform and its Products and/or Services offers are not displayed on the Platform anymore (“Downgraded Vendor”). However, the Terms still apply to the Downgraded Vendor and it is still responsible to deliver Products and/or Services previously purchased by Purchasers on the Platform (subject to available warranties and restrictions, if any), manage claims in connection with its use of the Platform and follow payments received on the Platform.

 

When a Purchaser is in downgraded mode, it may not purchase Products and/or Services on the Platform anymore (“Downgraded Purchaser”). However, the Terms still apply to the Downgraded Purchaser and it is still responsible to receipt Products and/or Services previously purchased on the Platform (subject to available warranties and restrictions, if any), manage claims in connection with its use of the Platform and finalize payments effected on the Platform.

 

  • Terminated mode

The Customer may not access or use the Platform anymore, whether as a Vendor or a Purchaser (“Terminated Customer”). A Terminated Customer may still access the Platform as an External User.

 

3.3 Customer’s Undertakings regarding Platform and StationOne Services use

The Customer understands and agrees that it is solely responsible for its use of the Platform, including any use by Customer’s representatives, such as the uploading, posting and sharing of any Content on the Platform, including without limitation offers, advertisements or comments.

StationOne acts as a host service provider with respect to any Content uploaded, posted or shared by the Customer on the Platform.

The Customer undertakes not to misuse nor make any unlawful use of the Platform. The Customer shall not engage in any unlawful activity on or using the Platform, including without limitation Intellectual Property Rights violation, cybercrime, confidentiality breach, jeopardize by any means and using any technique whatsoever the integrity and availability of the Platform, including without limitation any information available thereon such as Contents, data, offers, as well as StationOne’s information systems and/or StationOne vendors’ information systems.

The Customer shall bear all risks related to and any costs arising from its use of the Platform. Customer shall be solely liable for any violation of the Terms and corrupt Content provided by Customer.

The Customer undertakes to comply with generally applicable good practice for access and use of online platforms and will notably refrain to take any step that may result in or which aims at:

  • Impersonation of another natural or legal person’s identity or register to StationOne Services using a false identity;
  • Fraudulent usage, or attempt thereof, of another Customer’s credentials or disclose its credential to anyone;
  • Fraudulent access, or attempt thereof, to another Customer’s account without authorization;
  • Access, collect and/or copy information, data and content, including StationOne or other Customers’ Confidential Information hosted on the Platform and/or on StationOne’s information systems, including servers and associated IT assets, and which were not supposed to be public, by any means or technique whatsoever;
  • Alter, modify or destroy (or attempt to) information that is not Customer’s property or Confidential Information;
  • Access, collect and/or copy information which is the property of another Customer without such Customer prior authorization;
  • Divert a Platform functionality for a any purpose without StationOne prior written authorization;
  • Spam other Customer and/or StationOne, by sending unwanted promotional or commercial contents or unwanted solicitations, by any means whatsoever;
  • Enable any non-Customer third-party to benefit from the Platform;
  • Damage, shut down, overload or deteriorate the StationOne’s information systems, including without limitations servers, network or any component of the Platform.
  • Cause or attempt to cause a security breach or a disruption in the access or operation of the Platform or provision of StationOne Services.

This list is provided without limitation and may be supplemented in order to comply with any applicable law or regulation.

 

The Customer undertakes not to choose credentials that are abusive, unlawful, or infringes third party rights, contrary to public order and good morals and ethics, or which may otherwise damage StationOne’s image or goodwill.

The Customer is solely liable for the veracity and accuracy of any registration information and revision thereof, as well as any information it may provide on the Platform. In case of any discrepancy in the information provided by Customer, StationOne retains the right to immediately downgrade the Customer’s account or terminate the Customer, without notice or compensation and without prejudice to any available judicial and/or contractual remedies.

This information shall remain valid and up to date at any time during the duration of the Terms. Credentials shall be considered as Confidential Information pursuant to the Terms and shall remain strictly personal. Customer acknowledges that it is solely responsible for any breach of the Terms and/or action effected on the Platform using the credentials in case of credentials theft or misuse. The Customer undertakes to notify StationOne without delay in case of breach, loss or theft of its credentials, or fraudulent access to its account. StationOne retains the right to immediately downgrade the Customer’s account or terminate the Customer, without notice or compensation and without prejudice to any available judicial and/or contractual remedies.

The Customer prohibits to sale or purchase counterfeiting or unlawful Products and/or Services or upload or otherwise transmit counterfeiting or unlawful Content, including the sale or purchase of Products and/or Services or any product or service in breach of any established selective or exclusive distribution network agreement to which the Customer would be a party, and to exploit any information accessible through the Platform to sell or purchase such products or services. Moreover, Customer prohibits to sale or purchase any product or service in breach of any applicable law or contractual obligation binding over it.

 

Customer’s failure to comply with this Article 3 may lead to its immediate downgrade or termination by StationOne, without notice or compensation and without prejudice to any available judicial and/or contractual remedies to StationOne. StationOne reserves the right to report any unlawful activity involving Customer to competent authorities.

 

4. Intellectual property rights

4.1 StationOne’s Intellectual Property Rights

StationOne is a registered trademark of StationOne. Any reproduction, by any means or techniques whatsoever, in whole or part, of any StationOne trademark, including without limitation brand features, logo, graphic design, for any purpose whatsoever, is subject to StationOne prior written authorization.

Such request must be sent to:

StationOne BRAND COMMUNICATION

69-73 boulevard Victor Hugo,

 bâtiment B1

93400 Saint-Ouen (France)

Email: contact@station-one.com

 

The Platform and its content (including but not limited to logos, editorial content, texts, graphic content, pictures, source code, databases), but excluding Content and content available through hyperlinks made available on the Platform and subject to third-party Intellectual Property Rights, are the StationOne exclusive property.

Any and all content, such as texts, pictures, visual interface, graphics, brands features, sounds, videos, available on the Platform and/or on virtual stores provided by StationOne to Customer, via hyperlink may be protected by specific Intellectual Property Rights. The Customer undertakes not to use any content subject to Intellectual Property Rights without the prior authorization of their respective owner or right-holder.

The Customer undertakes:

  • to respect Intellectual Property Rights upon the Platform and upon any content available or accessible on the Platform, and any third party’s Intellectual Property Rights;
  • not to “crawl”, “scrape”, “spider” or otherwise extract, copy, modify, reproduce, alter, republish, upload, store, post, transmit, distribute, or use for the creation of a derivative work, all or part of the Platform and its content, by any mean, on any support and in any format.
  • not to decompile, disassemble, reverse-engineer, or attempt to obtain source-code or underlying algorithm of all or part of the Platform;
  • not to access the Platform or part of the Platform in order to mimic it, or to design a competitor;
  • not to collect, in any manner by any mean, information or data provided on the Platform;
  • not to violate or infringe any Intellectual Property Right of third parties, the image right of anybody; the Customer refrain to use and exploit any intellectual property right or image right for which he has no authorization;

 

Subject to Customer’s compliance with the Terms, StationOne grants the Customer a limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to access and use the Platform and access and use any content made available on or through the Platform (subject to any applicable third-party Intellectual Property Rights which may apply to all or part of the content accessible or available on the Platform), solely for Customer’s use and for the sole duration of the Terms.

4.2 Customer’s Intellectual Property Rights

Customer represents and warrants that it owns or otherwise controls all of Intellectual Property Rights related to the Content, as of the date the Content is posted on the Platform. Customer further warrants that the use of the Content does not breach any applicable law, regulation or contract, does not infringe any third party Intellectual Property Rights and complies with all applicable legal or regulatory requirements in the zones where it is sold.

Customer agrees and undertakes to fully warrant, hold harmless and indemnify StationOne for any and all claims brought by a third party against StationOne, arising out of or in connection with the Content or any breach of Intellectual Property Rights by Customer using the Platform and/or the Services.

Customer grants StationOne a non-exclusive, non-transferable, worldwide, royalty-free right to reproduce, represent, use and otherwise exploit the Content and brand features, as long as the Customer accesses the Platform, for the performance of the Terms, provision of the Service and for StationOne’s compliance with its legal and regulatory obligations.

 

5. Infringement and content reporting procedure

StationOne is an intermediary which provides the Platform and StationOne Services to Customers to enable them to host and share their professional commercial offers of Products and/or Services, and effect online professional transactions thereon.

 

StationOne retains the right to remove all or part of any Content, information or data of any nature whatsoever, provided by Customer, if such does not comply with the Terms. In case of any unlawful or fraudulent Content and/or any information evidencing an unlawful or fraudulent activity, StationOne reserves the right to report any available information relating thereto to the competent authorities and to delist or otherwise remove the Content, information or data from the Platform without incurring any liability in this respect.

 

The Customer represents and warrants to fully defend and hold StationOne harmless against any loss, damage, loss, damage and any claim of any nature whatsoever, including without limitation claims for third party Intellectual Property Right infringement due to the Customer, Content and/or data and information uploaded by Customer on the Platform, as well as damages caused by malicious code introduced by or on behalf of Customer on the Platform.

 

Should StationOne delist or otherwise remove Content from the Platform, either further to an internal alert or further to a notification by Customer, an External User or other third-party Intellectual Property Rights holder, StationOne reminds that the Content may stay available on other websites. Customer or External User shall contact each publication manager or webhost manager of those websites to ask for the deletion of the Content.

 

To ask for delisting or removal of infringing, fraudulent or unlawful Content, including Content, information or data breaching or that may breach any established selective or exclusive distribution network agreement, please use the contact form available on the Platform and provide the following information:

  • date;
  • if you act as a natural person: your first and family name, function, domicile address, nationality, birth date and location
  • if you represent a legal entity: corporate form, company’s corporate name, registered office, representatives.
  • Name and domicile address of the recipient (natural person) or corporate name and registered office (legal entity);
  • Description and precise location (i.e. url address) of the litigious content on the Platform
  • Legal or other grounds that may justify the removal or delisting of litigious content: please specify applicable legal provisions and/or provide detailed explanation of the reasons you require a removal or delisting;
  • Copy of notifications and messages sent to the author or publisher of the litigious content or activity on or using the Platform asking for the interruption, desist, removal or modification of the content, or evidence that the author could not be reached despite actions undertaken by Customer or External User.

 

In case of manifestly unlawful content as defined by French Law and French courts case law, Customer or External User may also notify the French Interior Ministry via the online reporting platform available at https://www.internet-signalement.gouv.fr/

 

6. Sale Process on the Platform

6.1. General sale process on the Platform

  1. Vendor determines the terms and conditions of sale or service that apply to its catalog of Products and/or Services as uploaded on the Platform, without prejudice to the Terms. In case of discrepancy, the Terms shall have precedence over Vendor’s terms and conditions. Vendor undertakes to make such sale or service available on the Platform.
  2. Vendor places an offer with a thorough and accurate description of the considered Product and/or Service.
  3. The offer shall specify the selling price including all costs such as, but not limited to, taxes and duties, packing and shipping according to the ICC Incoterms® 2010. The selling price provided by Vendor on the Platform is not negotiable by Purchaser through the Platform at the time of the purchase. Purchaser may only select one or several Products and/or Services from one or several Vendors and undertakes to pay the provided selling price for such Products and/or Services to the concerned Vendor(s) accordingly;
  4. Purchaser accepts the Vendor’s offer on the Platform, based on the description of the considered Products and/or Services. This acceptance is deemed to be a commitment to enter into a sale or service contract with the Vendor under its terms and conditions of sale or service. Such sale or service contract is binding upon Purchaser as of the date it accepted the Vendor’s offer.
  5. The Vendor(s) shall confirm the sale using the Platform. Should a Vendor fail to confirm the sale after two (2) business days from the date Purchaser notified its acceptance of the considered offer, the sale contract is automatically terminated. Should Vendor refuse to confirm the sale, the sale or service contract is automatically terminated. In the event the contract covers several Products and/or Services from one single Vendor, if the sale of one or more Products and/or Services is not confirmed, the termination will only affect the Products and/or Services that have not been confirmed by Vendor.
  6. StationOne will notify by email the acceptance of the offer and the confirmation or refusal of the Vendor to the Purchaser. Both Vendor and Purchaser will be able to see the status of their respective orders from their respective spaces on the Platform.
  7. Vendor is the solely responsible for performing the Products and/or Services delivery or provision.
  8. Subject to any applicable warranty or other restriction under applicable law, regulation or international treaty, Purchaser shall sign any delivery or shipping document presented by the Vendor and evidencing the good achievement of the delivery of the considered Products and/or Services.
  9. Vendor undertakes to upload a digital copy of the delivery documentation on its Platform account on the Platform.
  10. StationOne will generate a valid invoice in compliance with applicable local laws and regulations, subject to the prior provision of information by the Vendor through its Customer account. Any missing information from the Vendor impacting the invoice is under Vendor’s responsibility.  The invoice date triggers the payment period.
  11. Purchaser will pay the selling price, as displayed on the offer, directly on the Platform according to the applicable payment terms. StationOne will transfer the selling price to the concerned Vendor(s), minus the transaction fee previously agreed upon between StationOne and the concerned Vendor.

Customer acknowledges it is solely responsible for compliance with applicable legal and regulatory obligations bearing upon it, including without limitation customs, tax and accounting regulations. In this regard, Customer undertakes to defend, indemnify and hold StationOne harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and attorney fees, arising out of or in connection with Customer’s breach of any applicable customs, tax and accounting laws or regulations.

 

6.2 Currencies available on the Platform:

Vendor may sell its Products and/or Services either in € (Euro) or in $ (US Dollar) on the Platform. Vendor decides the available currencies applicable for each Products and/or Services, in line with the catalog it uploaded on the Platform. Purchaser will only be able to purchase Products and/or Services in the currencies included in the relating offer. Customer bears any risk relating to the variation of currency exchange rates.

6.3 ICC Incoterms® available on the Platform:

Vendor may sell its Products and/or Services either in DAP (delivered at place) or in FCA (free carrier) (the “Available ICC Incoterms® 2010”). Vendor decides the Available ICC Incoterms® 2010 applicable for each Products and/or Services, in line with the catalog it uploaded on the Platform. Purchaser will only be able to purchase according to the Available ICC Incoterms® 2010 specified in the Products and/or Services offer.

Even if several Available ICC Incoterms® 2010 are specified in the offer, Vendor remains fully responsible for any risk, loss or damage to the Products and/or Services until delivery, in accordance with the Available ICC Incoterm chosen by Purchaser.

6.4 Payment Process:

The payment service is provided by WEBHELP Payment Services, payment institution (establishment code 14378) approved by the Prudential Control and Resolution Authority (ACPR) and passported in Europe. To fulfill applicable legal and regulatory requirements, including without limitation anti-money laundering and anti-terrorist financing requirements, StationOne will collect any necessary information in this respect and provide such information to the PSP. The escrow accounts, as described hereinafter, are provided and managed by WEBHELP Payment Services.

 

The PSP will carry out, on behalf of StationOne:

  • The identification of Customer in accordance with the applicable banking regulatory system;
  • The issuance of purchase orders on Purchaser’s behalf;
  • The issuance of invoices on Vendor’s’ behalf, exclusively for sales made via the Platform.

 

The Purchaser can choose between three (3) different payment terms available at the time of its registration on the Platform:

  • Payment by credit card (default)

The Purchaser validates its basket to place a purchase order and go through the payment process. Once the payment process is finalized, the amount is placed in escrow on a specific bank account. The purchase order is communicated to the Vendor which must confirm it. When the invoice is generated on the Platform, the transfer of funds from the escrow bank account to the Vendor (i) monthly on the 5th or (ii) on Vendor’s demand through the Platform.

 

  • Payment by bank transfer (default)

The Purchaser validates its basket to place a purchase order and there is a bank transfer of the amount to an escrow bank account. The purchase order is communicated to the Vendor which must confirm it. When the invoice is generated on the Platform, the transfer of funds from the escrow bank account to the Vendor (i) monthly on the 5th or (ii) on Vendor’s demand through the Platform.

 

  • Payment after 45 days end of month from invoicing date (optional)

The Purchaser places a purchase order to the Vendor who must confirm it. Then, the Vendor delivers or performs the Products and/or Services. When the invoice is generated on the Platform, the Purchaser must proceed with payment by bank transfer after 45 days end of month from invoicing date, to an escrow account and then, the Payment Services Provider transfers the funds to the Vendor (i) monthly on the 5th or (ii) on Vendor’s demand through the Platform.

The “45 days end of month from invoicing date” payment term is available for Purchasers. StationOne reserves the right to appoint an independent auditor to periodically check the solvency of the Purchaser. The good result of such solvency audit is a condition for the Purchaser to benefit from this optional payment term. This payment option shall be suspended or terminated in the following events:

  • The solvency audit shows insolvency risks;
  • StationOne is informed that Purchaser is in a judicial proceeding such as receivership, bankruptcy or compulsory liquidation;
  • StationOne detects that:
    • EITHER 30% of on-going orders placed by Purchaser are subject to late payments
    • OR Purchaser’s on-going orders and late payments exceed 50 000€ or $ (fifty thousand euros or US Dollars).

StationOne will restore this payment term once all late payments are solved.

When payment flow occurs, funds are kept by the Payment Service Provider which performs legal controls for a period that may not exceed ten (10) days. Further to that ten-day period, the funds will be transferred by the PSP to a specific escrow account dedicated to the Vendor. Wire transfers from this specific account to Vendor’s bank account will be performed once a month by the PSP, regardless of the amount that may be found on the specific bank account.

7. Confidentiality

Any advertising or marketing communication relating to or in connection with StationOne and the Platform shall remain under StationOne control.

 

Customer undertakes to:

  • keep confidential any undisclosed information identified as Confidential Information or that should reasonably be deemed confidential;
  • use Confidential Information only for internal purposes and in connection with the use of the Platform and/or the Services;
  • keep confidential all of the electronic messages exchanges effected via the Platform email tool. Nevertheless, StationOne may disclose Customer’s internal messages in order to comply with its legal or administrative obligations, including any order of a court or government body having jurisdiction. In such a case, StationOne will promptly notify the Customer of such law enforcement request.

 

Access rights granted to Customer cover only what is necessary to benefit from StationOne Services to which it subscribed. According to these access rights, each Customer has a limited access to the Platform and to loaded information, as described in article 3 above. Therefore, confidentiality toward competitors is deemed to be preserved.

 

Customer is always informed whether the information it provides on the Platform will be publicly displayed or not on the Platform. Customer data and Content are under Customer’s sole control, save technical restrictions implemented by or on behalf of StationOne to preserve the security and infrastructure of the Platform.

For example, if a Vendor deactivates a Products and/or Services offer, this offer won’t be visible anymore by the Purchasers on the Platform (save offers that have been accepted by Purchasers before deactivation by Vendor, until Vendor’s acceptance or refusal) but will remain accessible by the Vendor on its back-office with the mention “deactivated”.

Customer may erase some Content, information or data from the Platform but acknowledges that StationOne may not fully erase such Content, information or data including, without limitation, for security and compliance purposes. StationOne may only block the access to a piece of Content, information or data and withdraw such from the publicly accessible pages of the Platform.

 

For clarity purposes, this confidentiality provision may not lead Customer and/or StationOne to erase information which shall be preserved by requirement of law. For instance, a copy of invoices edited by StationOne on behalf of the Customer shall be stored by StationOne for its own needs and legal requirements for ten (10) years.

 

 

8. Data privacy

8.1 Personal Data protection

8.1.1 StationOne and the Customer respectively undertake to collect and process all Personal Data in compliance with any current data protection laws and regulations applicable to the processing of Personal Data, including without limitation (i) French Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties as amended, and (ii) European Union Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (the “GDPR”) (together, “Data Privacy Regulations”).

The terms “Controller”, “Processor”, “Processing”, “Special Category of Personal Data” have the meaning attributed to them by Articles 4 and 9 of the GDPR.

8.1.2 The Customer is the Controller for all the Personal Data it uploads on the Platform or provides to StationOne for the purpose of benefitting from StationOne Services. The Customer represents and warrants that any and all Personal Data it uploads on the Platform or provides to StationOne have been collected and Processed in compliance with Data Privacy Regulations. The Customer is responsible to register only accurate data on the StationOne and to update them forthwith as appropriate.

Customer represents and warrants it will not upload or otherwise make available any Special Category of Personal Data to the StationOne save where such is provided by a specific agreement entered in with StationOne and which will specify in particular the specific security measures implemented with respect to such Processing of Special Category of Personal Data.

8.1.3 StationOne, acting as Processor on behalf of Customer, is instructed by Customer and authorized to Process Personal Data (such as first and family name, professional email address, function) for the purpose of providing the Platform and StationOne Services, as well as complying with its respective legal and regulatory obligations.

Acting as a Processor, StationOne may:

  • collect and process Personal Data upon Customer’s documented instructions, in compliance with StationOne Data Privacy Charter and for the purpose of the Terms;
  • subcontract some tasks as appropriate for the performance of StationOne Services to selected sub-processors. In this respect, Customer hereby grants StationOne a general authorization to sub-contract all or part of its undertakings under the Terms, StationOne provides, at first request, a thorough list of any and all processors it employs pursuant to the Terms. StationOne will remain liable to the Customer of the performance of sub-processing by any vendors and suppliers;
  • impose to any sub-processor it employs data protection obligations that are at least as coercive as the obligations provided by this section, by way of an agreement or other legal act as per the Data Privacy regulations and applicable law;
  • make available to the Customer any information necessary to demonstrate compliance with its obligations laid down in the French Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, as amended and the GDPR, and allow for and reasonably contribute to audits. Customer will be authorized to initiate one audit per year relating to StationOne’s compliance with Data Privacy Regulations when operating the Platform and StationOne Services, subject to a prior written notice sent to StationOne one month before such audit takes place, or whenever such audit is performed by a national supervisory authority in the meaning of the GDPR;
  • at Customer’s request, provide information on the technical and organizational measures, as set forth in the GDPR, governing the processing of Personal Data on the Platform, to comply with the GDPR.
  • promptly notify the Customer of any security breach affecting the Personal Data relating to such Customer on the Platform.

 

Should StationOne fail to comply with any of the above provisions, StationOne and its Sub-Processor, if any, shall create a remediation plan within two (2) months further to the detection and communicate such plan to Customer. StationOne and Sub-Processor shall restore compliance by applying the remediation plan within a deadline agreed upon with the Customer.

 

8.1.4 The Personal Data collected by StationOne within the context of the provision and operation of the Platform may not be used by StationOne for any other purpose than operating the Platform and providing StationOne Services.

8.1.5 Personal Data Processed in the course of providing the Platform and StationOne Services are hosted in the European Economic Area. Transfer of Personal Data outside the European Economic Area by StationOne shall be limited to the extent strictly necessary to the provision of the Platform and StationOne Services and subject to appropriate safeguards governing such transfer, including without limitation the signature with the extra-European data importer of European Standard Contractual Clauses (“EU SCC”).

8.1.6 Questions relating to compliance with the Platform Data Privacy Charter shall be sent to data.privacy@station-one.com

8.2 Usage data

“Usage Data” refers to any information and/or data collected by StationOne related to or in connection with the use of the Platform, but other than Personal Data. Usage Data will be processed and analyzed by or on behalf of StationOne in order to generate statistics and analytics relating to the Platform and use thereof by Customers, for the purpose of enhancing or improving StationOne Services and functionalities of the Platform.

 

StationOne collects Usage Data when Customer creates an account, browses the Platform and uses StationOne Services. Usage data includes without limitation data relating to visited pages, referral URLs, order of the visited pages, dates, clicked hyperlinks, IP address, operating system, web browser…

 

Usage Data collected by StationOne that amounts to sensitive business information and transaction information will be kept by StationOne as Confidential Information pursuant to these Terms, without limitation and/or in compliance with applicable laws.

 

9. Platform Availability and Accessibility

The Platform is accessible 24/24 and 7/7. Notwithstanding the generality of the foregoing, StationOne does not warrant a continuous availability of the Platform or that the Platform will operate free of bugs or errors or slow-downs.

Save cases of gross negligence or willful misconduct, to the maximum extent authorized by applicable law, StationOne may not be liable for any interruption, slow-down or improper functioning of the Platform or StationOne Services, in the case of a force majeure event as defined in Article 1218 of the French Civil Code or technical difficulties, including external or internal communications network or servers malfunction.

StationOne reserves the right to suspend or alter access to the Platform or provision of StationOne Services, whether partially or wholly, without any prior notification to Customer, in order to maintain, control or test the Platform. Any such suspension shall not be deemed to grant any right nor indemnification. To the maximum extent authorized by applicable law, StationOne may not be liable for any damage, loss, claim, settlement, cost, expense or other liability (including, without limitation, reasonable attorneys’ fees), whether direct or indirect, arising out of or in connection with such suspension, except in case of StationOne gross negligence or willful misconduct.

 

10. Liability

StationOne acts as a web hosting service provider.

 

The Customer undertakes to defend and hold StationOne and/or its insurance harmless against any loss, claim, damage, settlement, cost, expense, tax or other liability (including, without limitation, reasonable attorneys’ fees) arising out of or in connection with the Terms.

StationOne maximum and aggregate liability for any breach of Data Privacy Regulations, as per article 8.1, is limited to a cumulative maximum amount in aggregate of 50 000€ (fifty thousand euros) for any cause whatsoever.

The maximum and aggregate liability incurred by StationOne for a breach of its obligations proven by the Customer and recognized by a final decision of a Court of competent jurisdiction is limited to the amount of 250 000 € (two hundred and fifty thousand euros).

 

The Customer expressly acknowledges and agrees that the obligations set forth in the Terms reflect the allocation of the risk between the parties and the limitation of liability resulting thereof. The Customer also acknowledges and agrees that the amount of such limitation, which was negotiated and agreed as set forth in the present Article, is not derisory and does not conflict with the scope of StationOne’s essential obligation set forth in the Terms.

 

No lawsuit, action or claim may be brought by the Customer more than twelve (12) months after the time when the facts giving rise to the cause of action are discovered or should have been discovered, whichever is earlier.

The Customer shall mitigate its own damage by taking appropriate and reasonable actions.

 

11. Disclaimer

The Platform and StationOne Services are provided “as is”, without warranties of any kind, either expressed or implied, including without limitation implicit warranties of commercial nature, fitness for a particular purpose or non-infringement.

 

Considering that the Content is provided by Customer, StationOne neither represents nor warrants that such Content is thorough, accurate or up to date.

 

Any hyperlink to an external website accessible from or provided on the Platform may not be deemed as a validation of this external website and any of its content by StationOne. StationOne does not verify or validate any external website and content therefrom that would be accessible using hyperlinks on the Platform and may not be liable for any infringement arising out of or in connection with such external website and content therefrom. The Customer is responsible for its use and its understanding of this information.

 

StationOne and its subcontractors implement state-of-the-art security measures, in compliance with the latest security standards., to protect the Platform and StationOne Services, including Content thereon, against unauthorized accesses or security breaches.

The Customer acknowledges being informed that it is strictly impossible given the state of the art to ensure among other things that: (i) the Platform will not be intruded; (ii) Content that is stored in the Platform, will not be destroyed or altered, including by viruses and/or modification of data.

However, Customer acknowledges it is solely responsible for ensuring the security of its own IT systems, including without limitation servers, network and Internet accesses. StationOne may not be liable for any infringement, damage, loss, prejudice, claim, or anticompetitive behavior arising out of or in connection with the use of the Platform and/or Services, including any fraudulent attempt to breach security measures or tools by any third-party.

 

StationOne makes no warranty of any nature whatsoever that the access to the Platform will be uninterrupted, free of defaults or errors or that the Platform will be secured and free of viruses or any harmful component at all times.

 

12. Ethics and Compliance

Customer represents and warrants it has read StationOne Code of Conduct attached to the Terms as Appendix 1 and hereby commits to comply with its rules and principles failing which (i) the Customer shall defend and hold StationOne harmless against any claim, loss and/or damage, as mentioned in Article 10 of the Terms and (ii) StationOne is entitled to terminate Customer’s access to all or part of the StationOne Services for material breach without any compensation due to the Customer as per the conditions mentioned in Article 14.3 of the Terms, without prejudice to any other available legal or judicial remedy.

 

13. Modification of terms

StationOne reserves the right to revise or modify the Terms at any time. StationOne will notify Customer of any change to the Terms at least fifteen days prior to its entry into force. The updated version of the Terms will be accessible at www.stationone.com/en/gtu-buyers. The previous version of the Terms will remain applicable until the date the updated version of the Terms enters into force and will terminate at this date.

If the Customer disagrees with a modification of the Terms, it shall notify StationOne prior to date of entry into force. Customer’s access to and use of the Platform after this date will be deemed as Customer’s acceptance of the updated Terms.

 

14. Duration and Termination

14.1. These Terms enter into force on the date of their acceptance by Customer and remain applicable until the entry into force of any updated version. The Customer shall comply with the Terms or any amended version in force as long as he uses the Platform and StationOne Services.

 

14.2. Termination for breach: Should Customer fail to comply with these Terms and/or any additional terms, and/or applicable laws, StationOne will send a written notice by electronic means. If Customer fails to remedy such breach within five (5) business days after the issuance of such notice, StationOne retains the right to immediately downgrade or terminate Customer’s access to all or part of the Platform and StationOne Services, without any compensation to Customer and without prejudice to StationOne rights to indemnification, claim damages and/or any remedies pursuant to the Terms or applicable laws.

 

14.3. In case of a material breach (such as, for example, but not limited to, breach of the provisions of Articles 3.3 ; 4 ; 7 ; 8.1 ; 12 of the Terms as well as of the Code of Conduct and any other serious, repeated and continuous breach), StationOne is entitled to terminate the Customer’s access to the Platform with immediate effect and without prior notice and without any compensation whatsoever.

 

14.4 Termination for convenience: pursuant to French commercial law, any termination for convenience shall be subject to a prior written notice sent to the other party within a reasonable delay before termination.

 

When the Terms are terminated for Customer’s convenience or in case of Customer’s disagreement with updated Terms:

  • The Customer shall inform StationOne of its wish to terminate the Terms
  • The Customer will be granted a downgraded mode access in order to fulfill its remaining obligations toward StationOne or other Customers, copy or erase any of the Content it wishes, and achieve its transactions concluded prior to the expiry or termination;
  • if Customer is a Vendor, StationOne will withdraw the catalog from the front-office Platform as of the date of receipt of Customer’s termination notice;
  • Then, StationOne will disconnect the Customer from the Platform and,
  • StationOne will provide Customer with any mandatory documentation.
  • StationOne may, upon Customer’s demand, provide Customer, free of charge, with a copy of its data log, in a standard format. Any other reversibility shall be subject to a written reversibility plan, including reversibility fees, agreed between StationOne and Customer.

 

15. Miscellaneous

15.1 Language

The Terms are drafted in English and English shall prevail on any translation into another language.

15.2 Severability

The invalidity, legality, inapplicability or unenforceability of any provision of the Terms shall not affect or void the validity, legality, applicability or enforceability of the remaining provisions of the Terms.

15.3 Waiver

The failure by any Party to exercise or enforce any right under these Terms shall neither be deemed to be a waiver of any such right nor operate so as to bar the exercise and enforcement thereof at any time or times thereafter.

15.4 Entire Agreement

These Terms, whether updated or not, including their appendices and the additional terms regarding the Customer’ status (Vendor or Purchaser) supersede and extinguish any prior drafts, agreements, letter of intent, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing relating thereto. In particular, these Terms extinguish any previous confidentiality agreement regarding the Platform.

These Terms are supplemented, for Vendors, by a mandatory framework contract for payment services.

15.5 Publicity

Customer hereby authorizes StationOne to use the Customer’s name, trademarks and logos for commercial and communication purposes, subject to prior notification of any such documentation by StationOne to the Customer.

These names, trademarks and logos shall be uploaded on the Platform, and StationOne undertakes to use solely such features in the uploaded formats.

 

16. Dispute resolution and governing law

These Terms are governed by, construed and applied in accordance with French law, excluding its rules pertaining to conflicts of laws.

Any dispute or litigation that could not be resolved amicably between the parties will exclusively be submitted to the jurisdiction of the competent French courts.

Customer acknowledges and agrees that StationOne electronic records and data are genuine and will alone be evidential.

 

16.1 Dispute arising between a Customer and StationOne

Any dispute arising out of or in connection with the validity, interpretation and/or performance of these Terms shall first result in a formal claim or complaint sent by Customer to StationOne, by email at support@station-one.com, via the contact form available on the Platform, or by registered letter with acknowledgement of receipt sent to:

 

StationOne SAS

69/73 boulevard Victor Hugo,

bâtiment B1,

93400 Saint-Ouen, France

 

If StationOne and the Customer are unable to amicably settle such complaint or claim within thirty (30) calendar days from the notification of the conflict by one to the other, then either StationOne or the Customer shall be entitled to refer the matter to the exclusive jurisdiction of the competent Court pursuant to this article, to be finally settled.

 

The Customer and StationOne agree that any claim that would not have been amicably settled should be submitted to the exclusive jurisdiction and in accordance with the rules and regulations of the Paris Commercial Court (the “Tribunal de Commerce de Paris”).

 

16.2 Dispute arising between Customers

16.2.1 General

If any dispute arises out of or in connection with a transaction, the Customers shall apply the terms and conditions of sales and settle amicably within thirty (30) calendar days from the notification of the conflict by one to the other. In the extent that any records and data hold by StationOne are evidential, the Customers can jointly ask StationOne to provide any document that could help them to solve their dispute. The Customer understands and agrees that StationOne shall not take any part in any dispute whatsoever arising between Customers.

The Customers shall inform StationOne of the reasons of the claim and its resolution as the case may be.

 

 

 

16.2.2. Claim procedure

In accordance with the French legal provisions, guarantees on defective products (without this being due to the Purchaser), hidden defect or Products and/or Services not matching the order, shall apply.

The Customers are solely responsible to treat, solve or close their claim. StationOne shall not bear any responsibility in claims between Customers.

When both Customers agree to close their claim, the Vendor will be able to apply or not a partial/full refund of the order.

StationOne retains the right to downgrade account and/or terminate the Terms in case a claim-rate higher than 5% of all orders received in a month.

 

As per articles 1366, 1367 and 1375 of the French civil code, the uploaded version of this document, on the Platform is deemed to be an original.

 

Additional Terms for Purchasers

1. Enrollment

The Purchaser shall provide information at the time of the enrollment to enable StationOne to comply with its legal requirements and to operate the Platform.

 

2. Purchaser's rights

The Purchaser may refuse a delivery should the delivery fail to comply with the offer specifications or negotiated terms if applicable.

The Purchaser may report an issue to StationOne, such as partial delivery, delay in the delivery, quality or quantity default, or any claim in relation with a transaction.

StationOne will notify the Vendor of such a claim to enable the Purchaser and the Vendor to settle the dispute.

 

3. Purchaser’s obligations

The Purchaser represents and warrants it complies with any applicable law regarding its activities and status, including but not limited to intellectual property laws and export regulations.

The Purchaser is solely responsible for:

  • Its purchase of Products and/or Services;
  • Verifying the compliance of the Products and/or Services with its internal applicable laws and regulations along with international laws;
  • Verifying and acceptance of the Vendor's terms and conditions of sale;
  • Signing any delivery and shipping document necessary for the Vendor to prove the performance of its obligation.
  • The payment of the price and related fees according to those terms and conditions of sale.

The Purchaser understands and agrees that the disconfirmation of availability of one or more ordered for Products and/or Services does not constitute a ground to cancel the whole order. The Purchaser remains bound by its acceptance of the sale offer of the other Products and/or Services.

 

4. Price, Payment and Taxes

The Purchaser undertakes to comply with any applicable law or regulation to its business, including but not limited to public procurement rules, social obligations, tax obligations or accounting requirements and export regulations.

As per articles 1366, 1367 and 1375 of the French civil code, this electronic version is deemed to be an original.

 

Document electronically signed.

 

 

Appendix 1: Code of Conduct

StationOne provides StationOne Services for professional players of the Mobility Sector.

When accessing the Platform and using StationOne Services, Customer shall at all times act in good faith and in compliance with the present code of conduct (“Code of Conduct”).

  1. ETHICS AND COMPLIANCE

The Customer shall comply with all applicable local, national and international laws and regulations. In particular, the Customer commits to comply with laws governing human rights and labor, health and safety standards, environment protection, prevention of corruption, public procurement, fair competition, taxation and the accurate communication of financial information.

  • Unlawful payments

The Customer is committed to the elimination of corruption, bribery and money laundering in its business transactions and undertake to comply fully with the requirements of the OECD Anti-Bribery Convention, the French law n°2016-1691 related to transparency and fight against corruption, the Foreign Corrupt Practices Act 1977 (FCPA), the UK Anti Bribery Act 2010, the International Chamber of Commerce Rules of Conduct on Extortion and Bribery in International Business Transactions, as well as all laws applicable in the countries in which the Customer has a presence, as updated from time to time and any other international conventions, rules, regulations issued from time to time in relation to unlawful payments.

  • Gift and Hospitality

“Gift” means any payment, gratuity, gratification, present or advantage (pecuniary or not), offered or received, including but not limited to presents, goods, commissions or other form or remuneration, gratuity, payments, advances, gift vouchers, shares, equities, free services, preferential treatments...

“Hospitality” means any form of special amenity, entertainment, travelling or accommodation or invitation offered or received, including but not limited to meals, hotel accommodation, travel and trips by vehicle, air, train or boat, seminars, convention, invitations to sporting, cultural or social events.

The Customer shall under no circumstances provide any Gifts or Hospitality directly or indirectly to, StationOne, or to any other Customer that might be prohibited under the applicable laws and regulations.

StationOne will refuse all Gifts and Hospitality that are not of reasonable, modest and symbolic value, nor occasional, transparent and cannot be reciprocate.

  • Conflict of Interest

“Conflict of Interest” is a situation where the Customer’s interest may interfere with its professional conduct and decision-making.

While using StationOne Services, the Customer commits to check the existence of actual or potential Conflict of Interest and to make its best efforts to eliminate such situations.

  • Trade Sanctions

“Sanctions” means any laws, orders or regulations relating to trade, economic or financial sanctions or related restrictive measures imposed, administered or enforced from time to time by a Sanctions Authority.

“Sanctions Authority” means (i) the United Nations Security Council; (ii) the United States government; (iii) the Canadian government; (iv) the European Union; (v) the French government; (vi) the United Kingdom government; (vii) the respective governmental institutions and agencies of any of the foregoing, including without limitation, the Office of Foreign Assets Control of the US Department of the Treasury ("OFAC"), the United States Department of State, the Bureau of Industry and Security of the United States Department of Commerce, the French Ministre des Finances and Direction Générale du Trésor, and Her Majesty’s Treasury (United Kingdom); and (vi) any other governmental institution or agency with responsibility for imposing, administering or enforcing Sanctions with jurisdiction over any of the parties (together, "Sanctions Authorities").

“Sanctioned Person” means a person that is listed on, or owned or controlled by, or acting on behalf of, a person currently the subject of any Sanctions.

The Customer declares and warrants that neither the Customer nor any of its parent companies, shareholders with a legal or de facto controlling interest, subsidiaries, affiliates (i) is a Sanctioned Person; (ii) is violating any Sanctions to the extent that such Sanctions are applicable to its business, dealing and activities.

In the event of a change of situation where (i) either the Customer becomes a Sanctioned Person or (ii) becomes subject to Sanctions in any other manner having the effect of prohibiting StationOne from performing, in full or in part, its obligations under the present Terms (any of the foregoing, a “Sanctions Event”), the Customer shall inform StationOne by written notice without delay.

If a Sanctions Event occurs, StationOne’s obligations to perform under the Terms will be suspended until the termination of the Sanctions Event and StationOne may retain the right to terminate the Customer’s access to all or part of StationOne Services in conformity with point 4 below (‘Liability’) at Customer’s liability.

  • Export Control

In performing its obligations, the Customer shall comply with applicable local, national or international laws, regulations or similar requirements establishing embargoes or other trade restrictions on goods, services, software or technology.

Such regulations include without limitation: (i) the European Regulation of the Council n°428/2009 and any other applicable European regulations, (ii) Export Administration Regulations (EAR); (iii) International Traffic in Arms Regulations (ITAR); and (iv) regulations and orders administered by the Treasury Department’s Office of Foreign Assets Control (OFAC).

The Customer is solely and fully responsible for obtaining any required authorizations and/or licenses for exports or re-exports as defined in such laws, regulations and orders.

In addition, the Customer is solely and fully responsible for complying with all applicable laws and regulations on hazardous substances.

  • Competition Law

The Customer must not participate in any agreement with competitors that has the purpose or effect of fixing prices, distorting a bidding process, sharing markets or customers, limiting production or boycotting a customer or supplier. The Customer must not exchange commercially sensitive information with competitors in violation of the competition laws.

  • Public procurement

The Customer shall comply with all local, national and international applicable laws and/or regulations related to public procurement, including but not limited to Buy America Act, the Directive 2014/24/EU of the European parliament and the Council and the French Law n°2015-889. The Customer shall not use StationOne Services to circumvent such laws and regulations.

  1. ADDED CONTENT

The Customer undertakes to comply with all applicable laws and/or regulations. More particularly, the Customer understands and agrees that the following is strictly prohibited:

  • publish, share or circulate any racist, xenophobic, anti-Semite, homophobic, pornographic, pedophile content, or any content containing child pornography, or which equals to Holocaust denial,
  • publish, share or circulate anything abusive, insulting, defamatory or libelous, containing invasion of privacy, and more generally any content which infringes or violates personality rights of any third party;
  • publish, share or circulate anything that could offend human dignity;
  • publish, share or circulate anything that could incite to hatred, violence, suicide, terrorism, use and/or manufacture and/or distribution of illicit substances;
  • publish, share or circulate anything that could incite to crime, infraction, offense, or making an apologia of crime, particularly crimes against humanity;
  • denigrate any natural or moral person;
  • intentionally publish false, deceptive, misleading, wrong, incorrect content;
  • upload malicious content with or without a viral effect that could lead to a security breach;
  • violate or breach confidentiality and cybersecurity of personal and non-Personal data hosted on the Platform.

The above list is provided as is and is not exhaustive; the Customer shall be responsible for monitoring and/or complying with any applicable laws and/or regulations.

  1. HARASSMENT, BULLYING AND THREATS

Customer prohibits from engaging in any unlawful or fraudulent behavior including, without limitation, harassment (including sexual harassment), bullying, or any other threatening behavior and shall refrain from inciting others to engage in any  these activities.

  1. LIABILITY

The Customer represents and warrants it has read the Code of Conduct and undertakes to comply with its rules and principles. As such, the Customer shall be solely and fully liable for any breach of the terms thereto.

Should Customer fail to comply with the Code of Conduct, Customer undertakes to defend and hold StationOne harmless from any claim, loss and/or damage (including reasonable attorney fees) as mentioned in Article 10 of the Terms. StationOne retains the right to terminate the Customer ’s access to all or part of StationOne Services for material breach without any compensation due to the Customer as per the conditions mentioned in Article 14.3 of the Terms, without prejudice to any other available legal or judicial remedy.

  1. REMINDER: REPORTING POTENTIAL ISSUES

If Customer encounters a content and/or another Customer’s behavior that violates the Code of Conduct or see any fraudulent or illicit offers on the Platform, Customer may report it to StationOne using the contact form available on the Platform and provide StationOne with all the following information:

  • date;
  • if you act as a natural person: your first and family name, function, domicile address, nationality, birth date and location
  • if you represent a legal entity: corporate form, company’s corporate name, registered office, representatives.
  • Name and domicile address of the recipient (natural person) or corporate name and registered office (legal entity);
  • Description and precise location (i.e. url address) of the litigious content on the Platform
  • Legal or other grounds that may justify the removal or delisting of litigious content: please specify applicable legal provisions and/or provide detailed explanation of the reasons you require a removal or delisting;
  • Copy of notifications and messages sent to the author or publisher of the litigious content or activity on or using the Platform asking for the interruption, desist, removal or modification of the content, or evidence that the author could not be reached despite actions undertaken by Customer or External User.

 

In case of manifestly unlawful content as defined by French Law and French courts case law, Customer or External User may also notify the French Interior Ministry via the online reporting platform available at https://www.internet-signalement.gouv.fr/

 

In addition, StationOne retains the right to report any illegal behaviors and/or activities to the competent authorities.