General Terms and Conditions
GENERAL LICENSING CONDITIONS
- 1. SCOPE
In accordance with the provisions of Regulation No. 167/2013 of 5 February 2013, Manitou provides independent repair professionals on the rmi-manitou.com site (hereinafter the "Site") with access to information on the repair and maintenance of vehicles covered by that Regulation (hereinafter the "Information").
The purpose of these general licensing conditions (hereinafter the "General Conditions") is to determine the terms and conditions under which Manitou grants independent repair professionals the right to access and use Information via the Manitou "My E-Doc" portal accessible on the Site.
Manitou: the company MANITOU BF, a limited company with a share capital of €39,617,974, number 857 802 508 in the Nantes Trade and Companies Register, with its registered office at 430 rue de l’Aubinière – 44150 Ancenis – France
The Customer: Any independent repair professional, a natural or legal person, public or private, acting within the framework of their commercial, industrial, craft, self-employed or agricultural activity, including in the name of or on behalf of another professional, operating in a member state of the European Union.
3. ACCEPTANCE OF THE GENERAL CONDITIONS
The Customer undertakes to review the General Conditions before requesting anything from the Site and acknowledges that they are fully and unconditionally applicable to him/her. The applicable General Conditions shall be those in force at the time at the time of the Customer's order. Manitou reserves the right to modify the General Conditions at any time. Any new version of the General Conditions shall automatically replace the previous version and shall apply to all new orders on the Site.
4. ACCESS TO INFORMATION
Information is sent to the Customer in the form of manuals and/or technical documents that are accessible on the Manitou "My E-Doc" portal via the Site. Three subscription packages (hereinafter "the Subscription") are offered to the Customer:
• 1 day Subscription: Subscription that includes access to all the Information for a period of 24 consecutive hours
• 30 day Subscription: Subscription that includes access to all the Information for a period of 30 consecutive calendar days
• 1 year Subscription: Subscription that includes access to all the Information for a period of one year.
The terms of subscription and access to Information are detailed step-by-step in the Manual available on the Site from the "Using the portal" tab.
5. RIGHT OF ACCESS AND USE
5.1. The Information provided under these General Conditions shall remain the exclusive property of Manitou or its author. The Customer who takes out a Subscription therefore recognises that the General Conditions do not transfer to the Customer any ownership rights over the Information, and that the Customer only acquires from Manitou a personal, non-exclusive, non-transferable and non-transmissible right to access and use the Information.
5.2. The Customer has the right to unlimited access and use of the Information during the Subscription period and may consult and download it in PDF format, subject to the provisions referred to in this paragraph.
5.3. In the framework of Manitou's granting of right to the Customer, the Customer undertakes not to infringe, directly or indirectly, the property rights of Manitou and/or the author of the Information, and specifically:
- only to use the Information for the purposes of his/her business activity,
- not to modify the Information, including by deleting any identification elements and/or reference to ownership by Manitou (branding, logos, etc.),
- not to correct any errors or carry out any modification, adaptation or translation of the Information,
- not to make the Information available to third parties, directly or indirectly, for any reason or in any form, free of charge or for payment, including to its subsidiaries, subcontractors, colleagues and contractors,
- to keep his/her information and Site login details confidential,
- to vouch for his/her staff's compliance with the provisions of the General Conditions.
6. PRICE AND INVOICING
Subscriptions are sold at the following rates:
- 1 day Subscription: thirty euros exclusive of tax (€30 exc. tax)
- 30 day Subscription: one hundred and eighty euros exclusive of tax (€180 exc. tax)
- 1 year Subscription: two thousand, one hundred and sixty euros exclusive of tax (€2,160 exc. tax)
All prices are firm and are quoted exclusive of tax, VAT and other charges, which shall be payable, if applicable, exclusively by the Customer.
Manitou reserves the right to modify the prices of Subscriptions at any time. Notwithstanding this ability, the prices applicable to an order are the prices in effect on the date of placement of the order, as indicated on the Site.
6.2. Payment terms
The instructions and terms of payment are detailed in the "Manual" available on the Site from the "Using the portal" tab.
Payment for the order can only be made by credit card. Only Carte Bleue, Visa and MasterCard are accepted.
Manitou has implemented a secure payment system for all purchases made on the Site. Payments are made on an external platform via a payment service provider – PayZen – complying with the highest PCI DSS certified security standards.
- 7. GUARANTEES / RESPONSIBILITIES
7.1. It should be noted that access to and use of the Information are intended to allow the Customer to carry out, in its own name and on its own behalf, vehicle repair and maintenance work in compliance with the provisions of Regulation No. 167/2013 of 5 February 2013.
7.2. Manitou guarantees that the Information made available on the Site is regularly updated so as to ensure as far as possible its accuracy and reliability for the Customer, as well as its compliant and safe use.
However, it is the Customer's responsibility, as a repair and maintenance professional for the vehicles concerned, to ascertain the accuracy and relevance of the Information, as well as the way in which this Information should be used. In no event does Manitou guarantee that the Information is accurate, complete or up-to-date.
Furthermore, Manitou shall in no event be held liable, for any reason whatsoever, to Customers, insurers or third parties, for direct or indirect harmful consequences linked to:
- The quality and/or conformity of the repair and maintenance work that the Customer agrees to carry out independently,
- The Customer's lack of training and/or skills to carry out the repair and maintenance work,
- Non-compliance with the procedures and recommendations advocated by Manitou with regard to the Information. It should be noted that when the Information recommends the use of a specific tool to carry out repair or maintenance work, it is essential that this tool is used by the Customer to carry out such work,
- Use by the Customer of Information that has become obsolete due to updates subsequently made to the Site by Manitou.
The Customer shall guarantee and indemnify Manitou against any action or claim for compensation or damages by a third party under this paragraph 7.2.
7.3. The Customer shall, at the beginning of his/her Subscription, carry out any necessary checks to identify any missing Information, difficulties in accessing the Information, problems related to the Subscription taken out, or non-compliance of any sort. In order for Manitou deal with any claim or reservation, the Customer must notify Manitou of it and give reasons, as soon as possible after the beginning of the Subscription, via the "Contact us" tab on the Site.
7.4. Manitou's liability is excluded for any faults or non-performance not resulting from its actions, and especially for any services for which the Customer is responsible, provided on the basis of the Information. In any event Manitou's liability notably excludes any indirect, consequential or non-material damage, such as operating loss, loss of income or Customer obligation towards third parties and is limited to the price of the Customer's Subscription. These restrictions apply to any guarantee of the Information or responsibility for the Information. No penalty shall be applied to Manitou, without its prior written agreement and without being given the opportunity to discuss the reasons for the application of penalties.
- 8. CONNECTION TO THE SITE
Manitou may not be held liable for any direct or indirect damage, whatever its cause, origin, nature or consequence, resulting from consultation or use of the Site or downloading Information.
Manitou also declines any liability for any interruption or unavailability of the Site, for any bugs, and any damage resulting from fraudulent acts by third parties (such as intrusion) on the Site.
- 9. CONFIDENTIALITY
The Information is part of Manitou's manufacturing secrets and know-how. The Customer undertakes to maintain strict confidentiality, with no time limit, from the date of its transfer, of all the Information for which he/she will have access as part of his/her Subscription (hereinafter "Confidential Information"), whether or not it is protected by intellectual property rights.
For this reason, the Customer agrees not to disclose Information to any third party, in any form whatsoever, including disclosure, reproduction or illicit use. The Customer undertakes to ensure that its staff and collaborators comply with these obligations and respect Manitou's copyright.
- 10. FORCE MAJEURE
Manitou shall not be held liable for failure to perform any of its obligations in the event of force majeure. For the purposes of this article, the concept of "force majeure" shall mean any event deemed as such by the jurisprudence of French courts, and any event, such as lock-out, strike, war, epidemic, requisition, fire, flood, other natural disasters, force majeure of IT service providers, or any other cause that creates a partial or total work stoppage by Manitou or its suppliers or service providers.
Manitou shall inform the Customer immediately if an event of force majeure occurs. If the event or its consequences continue for more than four months, active Subscriptions can be cancelled by registered letter with acknowledgement of receipt.
- 11. INTELLECTUAL PROPERTY
The contents of the Site and the Information are the property of Manitou or have been duly licensed to Manitou, both in terms of their overall design and the artwork, photographs and images, data, text, drawings, sounds, trademarks and logos and all other creations that make up the contents of the Site and the Information.
Any representation, reproduction or distribution, in full or in part, of the content of the Site and the Information, whether for payment or free of charge, done without prior written authorisation of Manitou, is prohibited. Breach of these provisions may constitute acts of infringement within the meaning of the provisions of the Intellectual Property Code.
The Customer undertakes to comply strictly with these intellectual property rights.
- 12. LANGUAGE
Only the French version of the General Conditions shall govern legal relations between the Customer and Manitou. Any translation of the French version of the General Conditions is for Information purposes only. The French version shall take precedence if there is a conflict or discrepancy with the translation.
- 13. GENERAL PROVISIONS - DISPUTES
Failure to insist on compliance with the articles and conditions of the General Conditions, regardless of frequency or duration, shall not be deemed to constitute a withdrawal or modification of these articles and conditions.
Annulment or invalidation of any of the provisions of these General Conditions by a court decision or in any other way, even if the relevant provision is substantial, shall not entail the annulment or invalidation of all of the General Conditions
The General Conditions are subject to French law.
Any dispute relating to the interpretation, conclusion or execution of the General Conditions between Manitou and any Customer shall, in the absence of an amicable agreement between the parties, fall under the exclusive jurisdiction of the courts of Nantes (France).