Terms of service
ARTICLE 1 – OBJECT
TURTLE, a simplified joint-stock company registered with the Paris RCS under number 907 951 834, whose registered office is at 1 rue Saint Lambert 75015 Paris, hereinafter the "Company", offers an Application consisting of a linking platform by electronic way to put in contact a User, natural or legal person, looking for a means of transport or needing a courier service for a Delivery of Goods to a given destination, and a Driver, available to carry it out. This driver may be self-employed or employed by the Company.
ARTICLE 2 – DEFINITIONS
"Application" means all traffic optimization software, online booking and linking between the Driver and the User, developed and / or operated by TURTLE and accessible either by telephone, Internet, or via mobile Internet.
"Driver" means the salaried or self-employed professional who is entrusted with a Service ordered by the User via the TURTLE Service.
"Intellectual Property Rights" patents, trademarks, service marks, designs, trade names (including Internet domain names and e-mail address names), trademarks and service marks copyrights, software rights, applications for each of the database rights, rights in designs and inventions, and any rights of a similar nature or effect.
"Services" means all the passenger transport services, entrusted by TURTLE to the Driver and previously accepted by the Driver through the Application.
“TURTLE Service” refers to all reservation services, linking the User and the Driver, carried out via:
– the App
– websites hosted under the domain https://goturtle.com or published by TURTLE or its subsidiaries;
– or by telephone by contacting directly 01 71 21 94 92.
"Site" means any website published or operated by TURTLE which hosts all or part of the Application and allows access and operation.
"Bike-taxi" means a 3-wheeled vehicle driven by an employeed or independent driver for whom obtaining a professional card is not necessary.
"User" means the natural or legal person using the Application in order to benefit from a transport service and connection with the Driver.
"Vehicles" means the Taxi-bike
"TURTLE" means a SAS, whose registered office is 1 rue Saint Lambert 75015, Paris, France, registered with the Paris Trade and Companies Register under number 907 951 834.
ARTICLE 3 – USE OF THE TURTLE SERVICE
3.1 User Account
To use the TURTLE Service, the User must register and create an account (hereinafter referred to as “User Account”).
When registering, the User communicates to TURTLE the following personal information: his first and last name, his mobile phone number, his email address, the data of a payment card.
The User guarantees the accuracy of the information communicated to TURTLE and undertakes to update it in the event of modifications.
If the User's registration is successful, TURTLE will provide the User with a User Account which he can access by means of an activation code transmitted by TURTLE.
The User Account is personal and not transferable to third parties. TURTLE reserves the right to refuse access to the TURTLE Service without having to justify its decision.
The User must imperatively be legally capable to access and use the TURTLE Service.
The User is fully responsible for all activity relating to his User Account.
3.2 Perform a service
The TURTLE Service allows the User, logged into his User Account, to order, immediately or to reserve, in advance, a transport service by specifying the desired Vehicle.
The Driver may accept or refuse any request for transportation service, as he sees fit. If a Driver accepts the User's request, the latter will be informed immediately. The User will thus have access to:
– the Driver’s identification information (his name, the vehicle registration number and the evaluation of his service by users);
– at the telephone number at which he will be able to contact the Driver before his arrival at the pick-up location he has indicated;
– at the estimated time of arrival of the Driver at the desired pick-up location.
The User will be able to follow the progress of the Driver towards the pick-up location, in real time, on the Turtle Application.
3.3 Rights and obligations of the User
3.3.1 Once the User has validated his order, he must go to the pick-up location indicated to the Driver:
– either immediately as part of an immediate reservation,
– either at the time and on the day agreed as part of a reservation in advance.
3.3.2 Cancellation of the Service by the User
a- Free cancellation
The User may cancel the Service he has ordered via the Site or the Application free of charge:
– 5 minutes after having validated his immediate order,
– 60 minutes before the agreed pick-up time for advance booking.
b- Paid cancellation After the deadlines mentioned in “a- Free cancellation”, the User always has the possibility of canceling the Service he has ordered but is liable to the following cancellation costs:
– 5 euros in case of immediate order,
– 15 euros in case of reservation in advance.
– 5 euros in case of no-show of the User.
3.3.3 Late penalties payable by the User In the event of the User's delay, late penalties may be charged to him under the following conditions:
– the delay time is calculated from the sending of the text message by the Driver indicating his arrival at the pick-up location;
– the first 5 minutes late for the User are free;
– late penalties will be invoiced to the User at 0.75 euros including tax per minute beyond 5 minutes late.
The invoicing of late penalties is limited to 7.50 euros including tax. Beyond 15 minutes late, the User expressly acknowledges that the Driver is free to wait or leave.
The provisions of this article 3.3.3 are applicable as soon as the User has ordered a Bike-Taxi, the counter of which being taken as proof.
3.3.4 Furthermore, by using the TURTLE Service, the User expressly accepts:
– to use the TURTLE Service and/or to download the Application only for personal use and refrain from reselling it to a third party;
– not to authorize third parties to use his User Account;
– not to assign or otherwise transfer their User Account to any other natural or legal person;
– not to use the TURTLE Service and/or the Application for illegal purposes, in particular to send or save illegal content or for fraudulent purposes, or to transport illegal goods;
– not to use the TURTLE Service and/or the Application in order to harm, embarrass or disturb third parties; – not to compromise the proper functioning of the network;
– not to disrupt the TURTLE Service and/or the Application in any way;
– not to copy or distribute the Application or any other content of the TURTLE Service without prior written authorization from TURTLE;
– to ensure the reliability and confidentiality of his username and password of his User Account;
– to send TURTLE, on simple request made by email, proof of identity;
– to respect all the applicable legislation of his country of origin, of the country, of the state and/or of the city where he is when he uses the TURTLE Service.
TURTLE reserves the right to immediately terminate the Contract under the conditions of article 10.2 if the User does not comply with any of the rules set out above.
Supports outside of the Turtle mobile app are prohibited. The law prohibits drivers from running errands after being hailed in the street.
Therefore, Drivers should never request or accept payment outside of the Turtle Mobile App or the paiement on board by credit card. Passengers should not pay for rides in cash, nor should passengers request rides from drivers without going through the Turtle mobile app.
At the end of each Service, the User will have the opportunity to give his assessment of his experience and to leave comments concerning the Driver.
ARTICLE 4 – OBLIGATIONS OF TURTLE
TURTLE is committed to:
– check the conformity of the Vehicles, according to the information transmitted by the Drivers, with the laws and regulations in force. However, TURTLE cannot be held responsible in the event of changes in the situation of which it has not been regularly informed;
– make reasonable efforts to put the User in contact with a Driver in order to obtain transport services, depending on the availability of Drivers established in or near the region at the time of the request for transport services.
– make its best efforts to provide the User with an operational TURTLE Service 16 hours a day.
However, TURTLE may interrupt the TURTLE Service, without notice to the User, for reasons inherent in operating constraints.
ARTICLE 5 – FINANCIAL PROVISIONS
5.1 Access to the TURTLE service
5.2 Rates of services
The rates for the Services, charged by the Drivers of all Vehicles, are indicated on the Site and can be consulted through the Application.
They can be modified or updated unilaterally by TURTLE. It is up to the User to stay informed of the current prices of the Services.
The prices are quoted inclusive of VAT and thus include VAT at the current rate.
The granting of tips to the Driver by the User is optional.
5.3 Payement of services by the User
The User expressly undertakes to pay for the Services he has ordered via the TURTLE Service and acknowledges being responsible for the payment of all sums due in due time.
At the end of the trip provided by the Driver, the User will indicate to the Driver the mode of payment chosen for the said Service, i.e.:
– via the bank card registered on his User Account,
– via credit card on the paiement terminal available on board
The User accepts that TURTLE debits his bank account relating to the bank details of the card registered on his User Account (including cancellation fees and any late penalties).
The User is duly informed that the payments made are non-refundable, unless TURTLE decides otherwise.
It is specified that TURTLE uses a third-party payment system (STRIPE or SUMUP) to associate the bank details of the User's credit card with the TURTLE Service.
TURTLE declines all responsibility in the event of an error relating to said payment system.
5.4 Invoicing of services
TURTLE will invoice the Services provided by the Driver on his behalf. The User will automatically receive the invoice published in the name of the Driver, by email, to the address provided on his User Account.
ARTICLE 6 – INDEMNIFICATION
By accepting the Terms of Service and using the TURTLE Service, User agrees to indemnify and hold harmless TURTLE, its affiliates, licensors, and each of its officers, directors, other users, employees, attorneys, and agents against claims , costs, damages, losses, liabilities and expenses (including attorneys' fees and expenses) arising out of or in connection with:
– a violation of the rights of third parties, including Drivers contacted via the TURTLE Service;
– the use or fraudulent use of the TURTLE Service, of which he would be guilty.
ARTICLE 7 – RESPONSIBILITY
7.1 Responsibility of TURTLE
The information, recommendations and/or services provided by TURTLE to the User, directly or indirectly through the TURTLE Service, constitute only general information and not opinions. TURTLE will endeavor to maintain the Site, the Application and their contents in a correct and up-to-date state, but does not guarantee that the Site and/or the Application (and their contents) are free from errors, defects, malware or viruses, or that the Site and/or Application is correct, up-to-date and accurate.
TURTLE will not be liable for any damages arising from:
– the use (or inability to use) of the Site or the Application, including damage caused by malware, viruses or any inaccuracy or omission of information, the Site or the Application, unless damages arise from the willful act or gross negligence of TURTLE.
– the use of electronic means of communication with the Site or the Application, in particular damage resulting from a failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and the transmission of viruses.
Without prejudice to the foregoing and in compliance with the applicable legislation, TURTLE's overall liability cannot exceed a total amount of 500 euros.
The quality of the transport service requested through the TURTLE Service is entirely the responsibility of the Driver providing the Service requested by the User. TURTLE declines all responsibility in the context of the Services with regard to the acts, actions, behaviors, attitudes, and/or negligence of the Independent Driver. Any complaint about the Services provided by the Independent Driver must therefore be addressed directly to the latter. In the event of the acts, actions, behaviors, attitudes, and/or negligence of the Turtle employee driver, the user may file complaints with the Turtle company.
7.2 User responsibility
7.2.1 The User is reminded that he can only access the TURTLE Service using authorized means. It is therefore up to the User to check that he has downloaded the appropriate Application to his phone.
TURTLE declines all responsibility if the User's telephone is not compatible or if he has downloaded an inadequate version of the Application.
7.2.2 The User expressly undertakes to:
– always adopt a civil behavior and so as not to disturb the proper execution of the transport service provided by the Driver;
– not to damage the Driver's Vehicle;
– respect the safety instructions imposed by the regulations in force as well as by the Driver depending on the type of Vehicle.
ARTICLE 8 – LICENCE – RESTRICTIONS – COPYRIGHT
8.1 Limited licence
– download and install a copy of the Application on a mobile phone that he owns and controls,
– and to use this copy of the Application for personal use only.
On the other hand, the User expressly acknowledges that he cannot: – license or sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the TURTLE Service available to third parties in any way;
– modify the TURTLE Service or create derivatives thereof;
– create electronic links to the TURTLE Service or place frames or mirrors of any application on any other server or wireless or Internet-based device;
– reverse engineer or access the TURTLE Service in order to: design or build a competing product or service;design or build a product using similar ideas, features, functions or images from the TURTLE Service;copy ideas, features, functions or images from the TURTLE Service;
– launch an automated program or script, including software robots, crawlers, web crawlers, web browsers, web indexers, zombies, viruses or worms, or any program that may make multiple requests per second to a server or to inadvertently complicate or impede the operation and/or performance of the TURTLE Service;
– send or save unsolicited or repetitive messages, in violation of applicable law;
– send or save content that is infringing, obscene, threatening, defamatory or otherwise illegal or tortious, including content that violates the right to privacy of third parties;
– send or save content that contains viruses, worms, Trojan horses or other harmful computer codes, files, scripts, agents or programs;
– hinder or interrupt the integrity or proper functioning of the TURTLE Service or the data they contain;
– attempt to fraudulently access the TURTLE Service or the systems or networks that support them.
ARTICLE 9 – INTELLECTUAL PROPERTY RIGHTS
The User expressly acknowledges that he does not hold any Intellectual Property Rights on the Application, the Site or more generally on the TURTLE Service.
The User has only and exclusively a right to use the Site, the Application, for the purposes of the Contract.
TURTLE grants no right or license to use its TURTLE name, logo and product names associated with the TURTLE Application and Service.
In the event of a violation of this article, the User is liable to prosecution, in particular but not exclusively in the context of an action for infringement, in addition to the termination of the Contract under the conditions of article 10.2.
ARTICLE 10 – DURATION AND TERMINATION OF CONTRACTUAL RELATIONSHIP
The Contract is concluded between TURTLE and the User for an indefinite period.
10.2.1 The User may terminate the Agreement at any time by permanently deleting the Application installed on his phone (i.e. by deactivating the possibility of using the Application and the TURTLE Service). The User may also close his User Account at any time by following the instructions on the Site.
10.2.2 TURTLE may terminate the Agreement at any time, with immediate effect, by deactivating the User Account (i.e. deactivating the possibility of using the Application and the TURTLE Service):
– if TURTLE considers that the use of the Application or the TURTLE Service by the User is abusive. TURTLE is not obliged to notify the User before carrying out the aforementioned deactivation. After termination, TURTLE undertakes to notify the User, within a reasonable time, under the conditions of article 13.
ARTICLE 11 – PARTIAL NULLITY
ARTICLE 12 – MODIFICATION AND/OR EVOLUTION OF THE SERVICE AND CONDITIONS OF USE
ARTICLE 13 – AVIS
TURTLE may notify Users by way of a general notice, through the TURTLE Service, or by email sent to each User's email address as listed in their User Account.
ARTICLE 14 – PROTECTION OF PERSONNAL DATA – COOKIES – CONFIDENTIALITY
14.1 Protection of personal data
14.1.1 When using the TURTLE Service, TURTLE will collect personal data. The term "personal data" refers to all data that identifies the User, which corresponds in particular to his surname, first names, photograph, e-mail address, telephone number, date of birth, data relating to his transactions on the Application, bank card number, as well as any other information that he chooses to communicate on this subject.
In accordance with article 32 of the Data Protection Act of January 6, 1978, the User is informed of the mandatory or optional nature of the information to be provided when creating his User Account.
The mandatory information allows TURTLE in particular to:
– manage the User’s access to the TURTLE Service and its use,
– create a User file,
– manage unpaid bills and any disputes regarding the use of the TURTLE Service,
– develop commercial and attendance statistics for its TURTLE Service,
– comply with its legal and regulatory obligations.
In the event of a lack of response, TURTLE will not be able to activate the User Account.
TURTLE will only use the data communicated in the context of the processing mentioned above. No use will be made for any other treatment without the express authorization of the User.
In accordance with article 38 of the Data Protection Act of January 6, 1978, the User has a right of opposition. This means that the User has the possibility of opposing, for legitimate reasons, to appear in the computer files of TURTLE.
In accordance with Articles 38 to 40 of the Data Protection Act of January 6, 1978, the User also has a right to access, modify, rectify and delete data concerning him.
The exercise of these rights makes it possible to check the accuracy of the data and, if necessary, to have them rectified or erased. If the user wishes to exercise these rights, he can contact TURTLE at the following email address: firstname.lastname@example.org
14.1.2 In accordance with Article 22 of the Data Protection Act of January 6, 1978, the processing of personal data has been declared to the CNIL, under number 1942867 v0 of 03/24/2016 in accordance with simplified standard 48.
14.1.3 Modification of the data protection policy The User is informed that an update of this policy is possible in order to reflect the processing of data by the Company. If material changes occur, the User will be informed by email (sent to the address he will have provided on his behalf) or by a notice published on the Site before the change is made.
The User is informed that during his visit to the Site a cookie may be automatically installed on his navigation software. The cookie is information placed on the hard drive by the server of the Site that the User is visiting. Cookies can make it possible to report any previous visit by the User to the Site in order to help TURTLE to personalize its services.
– establish attendance statistics (number of visits, page views, abandonment in the process of creating the User Account, etc.);
– adapt the presentation of the Site to the display preferences of the terminals.
The User has the possibility of configuring his navigation software so that no cookie is saved on his terminal.
ARTICLE 15 – APPLICABLE LAW – SETTLEMENT OF DISPUTES – COMPETENT TRIBUNAL
15.1 Applicable Law
The Contract is governed by and subject to French law.
15.2 Dispute resolution
In the event of a dispute between the User and TURTLE arising from the Contract, the User is informed that he has the possibility of resorting to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching a amicable solution.
TURTLE and the User are free to accept or refuse the use of mediation.
In accordance with article R. 152-1 of the Consumer Code, the procedure is free for the User.
The parties have the possibility of being represented. The parties may also seek the opinion of an expert. Representation and/or expert fees are the responsibility of the party requesting them.
At the end of the mediation, the mediator will propose a solution. The parties have the possibility to accept or refuse the solution.
15.3 Competent court
In the event of failure of the mediation procedure or refusal by the parties to use the mediation procedure, any dispute arising from the Contract will fall under the jurisdiction of the French courts. In the event of a dispute between a merchant, the Commercial Court of Paris will have sole jurisdiction.