Terms and Conditions of Use
Thank you for your interest in QTH Driver and its Services.
1. Legal information and Scope of Application
1.1 Legal Information
The “QTH Driver” application (hereinafter the “Application“) and the “qthdriver.com” and “shop.qthdriver.com” websites (hereinafter the “Sites“) belong to and are operated by SAW, a simplified joint-stock company with a capital of €10,000, having its registered office at 10, rue Jean Mermoz – ZA La Ferrière – 79300 BRESSUIRE, registered with the Trade and Companies Register in Niort under number 892771338.
1.2 Scope of Application
These general terms and conditions of use and sale (the “Terms“) apply to any user (“You” or “the User”) of the Application and the Sites.
The purpose of these Terms is to define the terms and conditions for the provision of the Application and the Sites as well as their Services and conditions of use.
The use of the Application or the Sites as well as, where applicable, the acquisition of Software and/or Embedded Hardware and/or related Services (hereinafter “Products and Services“) requires the acceptance by the Client of the Conditions. Any access to and/or use of the Application and the Sites implies acceptance of and compliance with all the Terms. Read the Terms carefully before using the Application and the Sites or their Services. If You do not agree with any of the provisions of these Terms, do not use the Application and the Sites. In order to use some of the Services on the App and the Sites, we may require you to agree to additional terms.
In these Conditions, unless otherwise specified, the following words and phrases shall have the respective meanings set out below:
Data: refers to the Customer’s computer data, personal or otherwise, collected when using the Software Package.
Personal data: any information relating to an identified or identifiable natural person.
Data subject: refers to the natural person whose Personal Data is collected, in particular the Customer or the User.
Regulation: means Law No. 78-17 of January 6th, 1978 relating to data processing, files and freedoms, as amended, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27th, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter “GDPR“), as well as any regulation in force concerning the protection of Personal Data.
These definitions are capitalized and apply to both the singular and plural.
- System requirements
The use of the Application or the Sites and its Services requires a mobile internet service for portable devices. These connections are not provided by SAW, so the user must first individually subscribe to a mobile internet offer in order to use the Application or the Sites and their Services. A fourth generation (4G) mobile internet connection is strongly recommended.
As a User, you can activate the Service from a compatible mobile device (compatible hardware, operating system, browser). The Service is only accessible by one connection at a time. SAW has the technical means to check the number of simultaneous connections on the same account and therefore to detect multiple connection attempts. To enjoy the App or Sites and their Services via your smartphone or other device, your device must meet certain system requirements. These requirements can be found on the App stores.
- Access and use
3.1 Downloading the Application
The Application is available for free download from the Google Play Store and the Apple Store.
3.2. Technical requirements
To use the card reader functionality, the mobile device must be USB-OTG compatible. The user of an Android mobile device must also connect a USB-C or micro-USB card reader. The user of an Apple mobile device must also connect a Lightning type card reader.
It is the User’s responsibility to ensure that the hardware used complies with the requirements indicated above. SAW cannot be held responsible for any malfunction of the Application or the Sites if this is the result of a defective reader or one that is not compatible with the mobile device.
3.3. Use Without Registration
The Application is accessible after downloading from an App store without registration. The User can therefore access a free service of map reading and data visualization without backup.
3.4. Creating an Account
In order to access the additional Services of the Application or the Sites and to take out the corresponding subscriptions (as described below), you must first create an account via the relevant section of the Application by filling in the registration form in which you will provide, according to the indications requested online and in the fields provided for this purpose the information required for your registration to be taken into account, namely a valid e-mail address, by choosing a password and then validating your registration, or alternatively by using your personal Facebook or Gmail account or your personal telephone number, and by accepting these Conditions beforehand.
If you forget your password, there is a function to reset it on the Application.
Each user may create only one account. If we deactivate your account, you will not attempt to create a new one without our permission.
3.5. Login and Password
The username and password you chose when you created your account are unique, personal and confidential.
You undertake to keep your username and password secret and not to disclose them in any form whatsoever. The storage, use and transmission of your username and password are your sole responsibility. In particular, you are aware of the inherent insecurity of using the automatic storage function of the connection data that your computer system, the Application or the Sites may allow, and declare that you assume full responsibility for the use and possible consequences of such a function.
Any use of your login and password will be presumed to have been made or duly authorised by you.
Therefore, we shall not be liable for any adverse consequences resulting from the illicit, fraudulent or abusive use of your login and password and access to the Application or the Sites by a third party not expressly authorised by you, which would result from your fault or negligence.
In the event of theft or misappropriation of your login and password, it is your responsibility to notify us immediately by registered letter with acknowledgement of receipt.
If you are unable to connect with your login and password, you can notify us by e-mail: firstname.lastname@example.org.
You may not transfer your account to anyone else and you will not impersonate or attempt to impersonate anyone else.
Once your account is created, you become a member of the Application and Sites community, which gives you access to certain features that are not available to non-members. You may also agree to receive emails relating to occasional special offers, marketing communications, communications relating to your user lifecycle and technical or quality of service messages from our platform. You can easily unsubscribe from these emails by following the opt-out instructions in these emails. Memberships and subscriptions to our Services are not transferable and therefore cannot be sold or exchanged or transferred in any way. The Services you can access as a member include the following:
- a) Internal Backup = Local Storage of Card Readings
The Application offers to any User who has previously created an account a service of internal data backup in the User’s mobile device. Data from card readings as well as personal documents can be stored in the mobile device depending on the storage capacity of the latter. The backups are encrypted and can only be read from the Application.
- b) The “Grand Driver” offer
Any member may also access a premium subscription service that provides access to a limited capacity backup of drive time representations from the playback of legal files in the Cloud. You can become a Subscriber by purchasing a subscription to the Services in the App or on the Sites.
SAW offers 2 types of subscription:
- A monthly subscription, at a price of €1.99 including VAT, renewable by tacit agreement for an identical period unless cancelled in accordance with the terms of these Conditions.
- A Premium subscription, at a price of €19.99 including VAT, renewable by tacit agreement for an identical period unless terminated in accordance with the terms of these Conditions, payable in a single payment when the subscription is taken out.
For the purposes of our monthly subscriptions, a month is 30 calendar days, a year is 365 days.
In order to subscribe to the above-mentioned subscription, the user must fill in the mandatory fields of the form accessible on the Application or the Sites, accept the present Terms and Conditions and validate his/her order by clicking on the “CONFIRM MY ORDER” button. The user will then receive confirmation of his order by email.
Our obligation to provide you with this premium service does not commence until we have received confirmation of payment for your order and we have confirmed your purchase by email. Please quote the order number in any further correspondence with us.
Prices in euros are inclusive of VAT, unless otherwise stated.
We may at any time and from time to time, in our sole discretion, change the amounts of subscriptions, fees and charges, or add new subscriptions, fees and charges in connection with any of our Services. We will notify you by email at least 30 (thirty) calendar days prior to any change. If you do not agree to the change, you may terminate your subscription in your account settings.
- c) Contact with the Employer
The Application allows the User to transmit card data to his employer. This service is conditional on the user company taking out a specific SAW subscription. The User must accept the connection through a link provided by the user company.
By creating an account on the Application and using the Services, you represent, warrant and covenant that:
- The information you provide is personal to you, is accurate and you do not use the personal information of others without permission,
- You are legally capable of entering into legal commitments;
- You are at least 16 years of age and if under the age of 18 (or the age of majority under the law applicable to you), you are creating your account and engaging under the direction, supervision and consent of your legal representatives;
- Your personal information will be updated as necessary.
4.1. Means of Payment
Several payment methods are offered on the Application or the Sites. It is specified that when the User provides SAW with his/her bank details, these are not kept by SAW.
In order to optimise the security of transactions, SAW has chosen the payment systems of the company STRIPE. The guarantees given by SAW with regard to the security of transactions are identical to those obtained by SAW from the publishers of the above-mentioned payment systems.
In the absence of elements to the contrary provided by the User, the computerised registers, kept in the computer systems of SAW and its partners under reasonable security conditions, will be considered as proof of the communications, orders, validations and payments made between the User and SAW.
4.2 Terms of Payment
- a) Monthly subscription: The first payment will be made in advance when the subscription is taken out and will be recurrent monthly on each anniversary date of the subscription, by direct debit on the chosen method of payment until the subscription is terminated, whether the termination is at your initiative or that of SAW.
The first payment will cover the period of the current month and the month following the subscription date. Thus, SAW allows the subscriber to benefit from free Services for the first month of use.
- b) Annual subscription: The first payment will be made in advance when the subscription is taken out and then on each anniversary date of the subscription, by direct debit on the chosen method of payment until the subscription is terminated, whether the termination is at your initiative or that of SAW. The first payment will cover the period of the current month and the 12 months following the subscription date. Thus, SAW allows the subscriber to benefit from free Services for the first month of use.
No partial refund (corresponding to part of the period) will be accepted in the event of unilateral termination without reason during the period.
In general, payments may not be delayed for any reason.
4.3. Authorisation to Take Samples
You authorise SAW and the relevant payment provider to debit the same payment method used for the initial subscription on applicable subscription renewals. In the event of a tacit renewal, the rate in force at the time of the renewal for the subscription concerned will be fully applicable. You agree to promptly notify SAW of any change in the method of payment you have provided, as all subscriptions will be suspended pending such notification. You are responsible for all applicable fees, if any, including applicable taxes, and for all subscriptions you have purchased. In the event that we are unable to collect the amount of your subscription on the agreed due date, you will still be liable to us for previous instalments, and we reserve all rights and remedies in this regard.
4.4. Late Payment
In the event of non-payment, caused by a failure to collect the amount of the subscription on the agreed due date, SAW will inform you immediately and reserves the right to suspend your Subscription until all amounts due have been paid.
- Complaints, Cancellation and Right of Withdrawal
You can submit your complaints directly in the Application or on the Sites via the appropriate menu.
5.2. Termination by You
You can terminate the Contract at any time and without justification, through a feature available in your Customer Area.
The termination of the contract will be effective on the anniversary date of your Subscription following your termination request. In this respect, direct debits will be stopped as of your cancellation request.
5.3. Termination by Us
If you fail to comply with any of your obligations under these TCU, SAW may terminate the Agreement within thirty (30) days of becoming aware of the breach and sending you a registered letter with acknowledgement of receipt informing you of the forthcoming termination. You will also be informed through your Client Area.
5.4. Right of Withdrawal
If you have purchased a subscription, you have the right of withdrawal specified below from the conclusion of the contract.
You can exercise your right of withdrawal for 14 days, without having to give reasons. This 14-day withdrawal period runs from the conclusion of the contract.
To exercise your right of withdrawal, you must send us a registered letter with acknowledgement of receipt, together with your bank details, to the following postal address:
SAW – Rétractation Driver 10 rue Jean Mermoz 79300 BRESSUIRE
An unambiguous statement expressing your wish to withdraw from the contract. You can use the withdrawal form (Annex 1). However, this is not compulsory.
In order to comply with the withdrawal period, it is sufficient to send us the declaration of withdrawal before the expiration of the withdrawal period.
If you exercise your right of withdrawal, we shall be obliged to refund all sums already paid by you promptly and at the latest within 14 days of the date on which we were informed of your decision to withdraw. We will use the same method of payment for this refund as you used for the original transaction, unless you give your express consent for us to use another method of payment and provided that the refund does not incur any costs for us.
You will not have to pay any penalties.
- Intellectual Property and Licence to Use
6.1. Intellectual property
The whole of the Application and the Sites and their Services, including their structure, tree structure, graphics, object or source codes as well as their content (in particular texts, graphics, images, photographs, videos, information, logos, button icons, software, audio and other files, databases) is the property of SAW or of their respective owners and is protected by intellectual property, in particular by copyright and trademark law. The name “Driver” and the “Driver” logo are in particular protected trademarks of SAW.
We reserve all rights in the Application and the Sites not expressly granted to you under these Terms. Accordingly, you may not use the Application and the Sites for any purpose other than those set out below without our express prior consent.
Any breach of the foregoing may give rise to liability on your part, without prejudice to our right to unilaterally terminate your subscription in accordance with the terms of Article 5.2 above.
6.2. Licence to Use
Subject to compliance with these Terms, and depending on the subscriptions taken out, we authorise you to access and use the Application and the Sites and their applicable Services, and where applicable to download its content, exclusively for personal use. The license granted to you is strictly personal, non-exclusive, limited and revocable in case of breach of these Terms. In particular, we draw your attention to the fact that no transfer of intellectual property rights can be inferred from your use of the Application, the Sites and the Services, including with regard to the elements that we authorise you to download in application of these Terms.
Any commercial use of the Application, the Sites and the Services is strictly prohibited.
With the exceptions specified below, you are strictly prohibited from doing or assisting a third party to do any or all of the following:
- Copy, store, reproduce, transmit, modify, alter, disassemble, imitate, decompile or disassemble the Application or the Sites, including their Services and content in any way, or create derivative works from them;
- Use all or part of the Application, the Sites, the Services or their content to create a tool or software that can be used to create software applications of any kind;
- Make available to the public in any way whatsoever (transfer, rental, loan, distribution, reproduction, etc.), whether free of charge or for a fee, all or part of the Application, the Sites, the Services or their content;
- Tamper with any part of the Application, the Sites, the Services or their content or circumvent any technology used by SAW or its licensors to protect any content accessible through the Application, the Sites and their Services;
- Circumventing the security measures of the Application or Sites and accessing any unauthorized portion or functionality of the Application, Sites and Services;
- circumventing territorial restrictions applied to the Application, Sites and Services; or more generally,
- Use the Services in a manner that violates this License Agreement or the other Terms.
- Prohibited Uses of the Application and Services
7.1. Violation of the Integrity, Security and Operation of the Application, the Sites and the Services
You agree not to upload, post, email, transmit or otherwise introduce onto our platform any material or files that contain computer viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or equipment connected directly or indirectly with our Services or our Services themselves. You agree not to interfere with the servers or networks underlying or connected to the Application, Sites or other Services or to violate the procedures, policies or regulations of networks connected to our Application, Sites or other Services.
You may not probe, scan or test the vulnerability of the Application and the Sites, breach the security or authentication measures of the Application and the Sites, or otherwise seek to trace or retrieve any information about any other user of or visitor to or member of the Application or the Sites.
You may not interfere or attempt to interfere with any user, host or network access, including, without limitation, sending a virus, overloading, flooding, spamming, or mail bombing our Services.
You shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of SAW’s systems or networks, the Application and the Sites, or the systems or networks connected to the Application and the Sites, or that interferes with the proper working of the Application or the Sites, any transactions conducted thereon, or the use of any other person.
You will not use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or the Sites, or in any way attempt to reproduce or circumvent the navigational structure or presentation of the Application or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not intentionally made available through the Application and the Sites.
You are further prohibited from accessing or attempting to access any server, or any of the Services offered on or through the Application and the Sites, by hacking, password mining, or other illegitimate means.
7.2 Interactions on the Application, Sites and Services
In general, you agree not to engage in any improper conduct when using our Services, or to use the Services for any illegal, immoral, or harmful purpose.
In particular, you agree that the messages posted online will not be of a nature to, but not limited to, the following:
- Constitute an infringement of the intellectual property rights of third parties; in this respect, the member undertakes not to reproduce or communicate to the public on the Application or the Sites elements protected by copyright, registered as a trademark or more generally protected by any other intellectual property right held by third parties without the prior consent of the holder or holders of such property rights;
- Contain computer viruses that may interrupt, destroy or alter the functionality of the Application or the Sites;
- Apologise for crimes or contain illegal, threatening, paedophilic, pornographic, defamatory, obscene, hateful, racist, anti-Semitic, xenophobic, revisionist messages or messages contrary to public order or morality;
- Invade the privacy or dignity of others;
- Incite violence, fanaticism, crime, suicide, hatred because of religion, race, gender, sexual orientation, ethnicity;
- Harass other members;
- Promote or encourage any criminal activity or enterprise;
- Solicit and/or share passwords and/or personal information for commercial or illegal purposes;
- Transmit chain letters, unsolicited mass mailings, instant messages, unwanted advertising messages or unsolicited mail; include advertisements and/or solicitations to offer products and/or Services for sale through the Application or the Sites;
- Contain addresses or hyperlinks to external sites whose content is contrary to the laws and regulations in force, which infringe the rights of third parties or which are contrary to these conditions.
The User agrees not to use automated computer systems such as scripts to add members to their Profile and/or send comments or messages.
You may not manipulate headers or identifiers to disguise the origin of any message or transmission you send to SAW on or through the Application, the Sites or any accessible Service. You may not pretend that you are, or represent, someone else or impersonate any other person or entity.
You are solely responsible for the messages, content and information published by you on the Application or the Sites, since, as the host of the Service in question, SAW cannot be held responsible for the content published by members on the Application or the Sites, over which SAW has no power of control or supervision.
- Availability of Services
We endeavour to always make the Application and the Sites available, but we cannot guarantee a continuous or faultless Service.
We reserve the right to modify all or any part of the Application or the Sites at any time, including, without limitation, the right to remove, modify and/or vary the elements, features and functionality of the Application or the Sites.
You acknowledge that you can only use the Application or the Sites if your terminal is connected to the Internet. The connection fees charged to you for accessing the Application and the Sites are subject to the terms and conditions agreed with your access provider. You also understand the risks inherent in the use of the Internet, including, in particular, the fact that the Application and the Sites may be temporarily inaccessible, the risks in terms of confidentiality or infringement of transmitted data, virus attacks, etc.
Without prejudice to our rights and remedies, we reserve the right to suspend your access temporarily or permanently to the Application or the Sites at any time, without notice, in the event that you breach any of the provisions of these Terms.
In the event that we consider that you are making illegal and/or unauthorised use of the Application or the Sites, we reserve the right to take any action we deem necessary, including terminating the contract, without notice, and, in the case of illegal use, initiating legal proceedings.
- Limitation of Liability
Any unauthorised use of the Application or the Sites may give rise to a claim for damages and/or constitute a criminal offence.
SAW, its officers, employees, or service providers shall not be liable for any loss or damage arising out of or in connection with your use of the Application, the Sites or any information, Service or content therein.
You shall be liable for any damages suffered by us as a result of your breach of the Terms. You agree to indemnify and hold harmless SAW and its officers, employees, shareholders, licensees, and insurers from and against any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from your violation of the Terms.
The Application and the Sites are provided on an “as is” basis, without warranty of any kind. We do not warrant that the Application or the Sites or their content will (i) meet your requirements (ii) be free of errors or omissions (iii) be available and accessible on an uninterrupted basis. We reserve the right to correct any errors or omissions in the Application or the Sites.
Access to the Application or the Sites is permitted on a temporary basis. We may suspend, withdraw, discontinue or modify all or part of the Application and the Sites at any time without notice. You acknowledge that SAW shall not be liable for any such suspension, modification or discontinuance of the Application or the Sites.
Risks related to the Use of the Internet. You are expressly reminded that the Internet is not a secure network. We cannot therefore be held responsible for contamination by viruses or the intrusion of a third party into your terminal’s system and decline all responsibility for the consequences of your access to the Application and the Sites that are not attributable to us.
In particular, we cannot be held responsible for any damage caused to your computer equipment and the data stored on it that is not attributable to us, nor for the consequences that may arise from this on your personal or professional activity.
It is therefore your responsibility to take all appropriate measures to protect your equipment and the data stored on your equipment from harm. You acknowledge that you use the Application and the Sites at your own risk.
Internet Network Malfunction. We disclaim all responsibility in case of malfunction of the Internet network, telephone lines, reception equipment preventing access to the Application or Sites.
Links to Third Party Websites. The Application or the Sites may contain links to third party websites that we do not control. We are not responsible for the privacy practices or the content of such sites.
- Data Protection and Privacy
- Modification of the Conditions
We may update and modify these Terms at any time, with effect for the future only. We will notify you of any material changes by placing a prominent notice on the App and the Sites. You will be deemed to have accepted the amended Terms if you continue to access and use the Application and the Sites. If you do not agree with any changes or modifications to the Terms, you must cease using the Application and the Sites.
- Applicable Law and Disputes
12.1. Applicable law
These Conditions are subject to French law.
12.2. Prior claim
In the event of a dispute, we invite you to contact us first via the Application or the Sites using the appropriate menu, in order to find an amicable solution. In the absence of an amicable solution, any dispute relating to these conditions will be submitted to the competent French courts. However, we inform you that you have the possibility of resorting to a conventional mediation procedure or to any other alternative dispute resolution method, prior to any legal action.
12.3. Request for mediation
In the event of failure to file a claim with SAW or in the absence of a response from the latter within two (2) months, you may submit the dispute relating to these GTC/CSG opposing you to SAW to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution, in accordance with Articles L.612 et seq. of the Consumer Code.
SAW’s mediator is as follows:
SAW and you remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
12.4. European Online Dispute Resolution (ODR) Platform
The European Online Dispute Resolution (ODR) platform is also available to resolve your disputes at https://ec.europa.eu/consumers/odr/.
If one or more of the provisions of these Conditions are declared invalid, in whole or in part, this will not affect the validity of the other provisions.
In no event shall the failure by you or us to exercise any right under these Terms be deemed a waiver of such right.
Nothing in these Terms shall be construed as giving, directly or indirectly, any third party any benefit or right to act against us and third parties shall not be entitled to enforce any of the provisions of these Terms against us.
Last update : 27/04/2021