rmi.manitou.com

GENERAL TERMS & CONDITIONS OF USE

Updated 05/06/2018

Foreword

Any person browsing the rmi.manitou.com site (hereinafter the "Site") or using the Site's services (hereinafter "the User") expressly acknowledges that these General Terms and Conditions of Use of the Site (hereinafter the "GTCU") apply fully and unconditionally to him/her. The User recognises that any action he or she takes on the Site may incur his/her liability and, through him/her, that of the company for which he/she is acting in the capacity of employee, if applicable. The User acknowledges that he/she must respect and fully comply with the Site's GTCU.

Article 1 – Contact details

The Site is published by MANITOU BF, a Limited Company with a share capital of €39,617,974 listed in the Nantes Trade and Companies Register under number 857 802 508, with headquarters located at 430 rue de l’Aubinière – 44150 Ancenis – France (hereinafter "Manitou").

The Site publication manager is Michel Denis.

For any questions related to the Site, the User may contact Manitou via the "Contact us" tab on the Site.

The Site is hosted by the company Microsoft Azure

Article 2 – Purpose of the Site

The Site is a site that grants licences to access and use information on the repair and maintenance of vehicles covered by Regulation No. 167/2013 of 5 February 2013.

The General Licensing Conditions can be viewed at the bottom of the Site's home page.

The Site is likely to change in order to meet the expectations of its Users. Manitou may modify the content of the Site and suspend certain functionalities at any time, without notice, and without being held liable for any consequences to the User of such modifications.

Article 3 - Application of the GTCU

These GTCU were updated on the date indicated in the title of this document. The User shall be informed of any modification and/or updating of the GTCU by the insertion of a new date in the title of this document. These GTCU may be modified by Manitou at any time. They enter into force from the time they are posted online. The User undertakes to refer regularly to the latest version of the GTCU, permanently available at the bottom of the Site's home page.

Article 4 - Performance - Using and Connecting to the Site

The User must have all the appropriate tools and computer and electronic means of communication to access and use the Site.

All costs and charges for communications, telecommunications, maintenance and other types of equipment required for connecting to and/or using the Site, as well as any related authorisation required, shall be borne exclusively by the User.

Article 5 – Liability

The User is solely responsible for Internet connection arrangements, and Manitou shall not be held responsible for any malfunctions, impossibilities or problems in accessing the Site or certain features of the Site, resulting from the quality of the User's internet connection. It is up to the User to install and maintain the computer equipment necessary for accessing the internet. The User is solely responsible for his/her use of the Site.

Manitou may at any time, without incurring liability, carry out temporary testing, monitoring and maintenance operations, and carry out work on the Site, for instance, in the event of an outage. Manitou may at any time interrupt, shut down or make all or part of the Site inaccessible in order to make any adjustments, for instance, to keep information updated, undertake any upgrades (additions, etc.), correct any faults or make any adjustment deemed necessary; or at the request of any legal authority and in cases of force majeure.

Manitou cannot be held liable for direct or indirect, material or intangible damage, loss of profits, or loss of opportunity resulting directly or indirectly, notably but not exclusively from the consultation or use of the information and services offered by the Site. Specifically, Manitou accepts no liability in the event of Site failure, security breach, or any damage resulting from fraudulent acts of third parties (such as intrusion) on the Site.

As such, the User waives the right to institute any proceedings against Manitou for any damages of any kind, including but not limited to loss of data, programs or files, financial losses, damage to computer equipment (including connections, software and hardware), the appearance of a virus as a result of access, use or unavailability of the Site, and appeals relating to rights and licences required for use of and access to the Site.

Article 6 – Intellectual Property

The Site and its contents are the property of Manitou or have been duly licensed to Manitou, both in terms of its overall design and its software, artwork, databases, source codes, design, photographs and images, text, drawings, sounds, trademarks and logos and all other creations making up the contents of the Site.

Any representation, reproduction or distribution, in full or in part, of the Site, 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.

Unless expressly agreed by Manitou, any provision, transmission or disclosure of documents via the Site shall not be deemed to grant licensing or assignment of the related intellectual property rights to the User.

Hypertext links to the Site can only be created with the prior written authorisation of Manitou, which authorisation may be revoked at any time.

The User undertakes to comply strictly with these intellectual property rights.

Article 7 – Personal Data

This Article describes how Manitou uses and collects personal data from Users and informs them of the steps taken by Manitou to ensure the protection of their personal data in the context of use of the Site in compliance with the provisions of law no. 78-17 of 6 January 1978 concerning Data, Files and Individual Liberties (hereinafter the "Data Protection Act"), as modified by the provisions of law no. 2004-801 of 6 August 2004 concerning the protection of individuals in respect of the processing of personal data.

Manitou protects the privacy of its Site Users by complying with the current applicable regulations. Thus, Manitou, as the entity responsible for processing, has notified the Commission Nationale de l’Informatique et des Libertés (the French Data Protection Authority) (hereinafter the CNIL) of the collection and processing of Users' personal data.

a)     The User's personal data

Manitou collects and carries out automated processing of the personal data provided by the User when creating and/or updating his/her customer account or contact request via the Site. These data are required for the management of the customer account, orders, invoices, returns, complaints and promotional operations, conducting satisfaction surveys, the commercial warranty, any disputes, compiling statistics and sending newsletters, unless the User opted out when creating the account or has unsubscribed.

The personal data collected may include individual-related data (such as name, address and telephone number) and electronic identification data available from or via the User's computer (such as cookies or IP addresses). These electronic identification data enable the User's terminal connection or pages viewed when browsing the Site to be identified (only accurate to town level). Alone, they are generally insufficient to identify the User by name.

Manitou and its subsidiaries and/or affiliates are the sole recipients of the data collected. However, Manitou may share these data with dealers in the Manitou network and its trading partners and service providers, including its technical service providers, for the purposes of managing the account, orders and payments. Manitou may also share these data with competent authorities, for the purposes of investigation, ascertainment and prosecution of criminal offences, for the purposes of preventing any terrorist activity, and for network and installation security purposes. In any event, Manitou undertakes to obtain from the above-mentioned third parties a contractual undertaking that guarantees an adequate level of security, confidentiality and protection of the data transmitted.

Personal data shall not be transferred outside the European Union.

The User's personal data shall be retained for a maximum period of three years:

  • from the date of the User's last connection to the Site if no orders have been placed on the Site;
  • from the end of the commercial warranty that may be applicable to products ordered from the Site or, if there is no commercial warranty, from the time of the User's last product order from the Site.

The User, in accordance with the French Data Protection Act of 6 January 1978, has the right of information, access, correction, objection or deletion of data concerning him/her by sending an email using the "Contact us" form available on the Site. For Manitou to satisfy this request, the User will need to send Manitou the information required for his/her identification: first name, surname, email and postal address.

Manitou may combine navigation data with the User's personal data in order to make personalised offers that match the User's interests. The User may at any time request Manitou to stop sending offers adapted to the navigation information of his/her terminal by submitting the request using the "Contact us" form available on the Site.

The User may opt out of receiving commercial offers or Newsletters by clicking the "unsubscribe" link included in every commercial prospecting email or by sending an email via the "Contact us" form available on the Site.

Manitou undertakes to take all precautions required to preserve the confidentiality and security of the collected data and to prevent them from being deformed, damaged or accessed by unauthorised third parties.

b)     The User's banking details

In order to ensure the security of payments, Manitou uses the services of a service provider, PAYZEN, which uses the TLS protocol on its payment pages and is PCI-DSS certified. The PCI-DSS standard is an international security standard to protect the confidentiality and integrity of cardholders' data (card data and transaction data).

When the User places an order on the Site and pays with a credit card, the ordering system connects in real time to the PAYZEN system, which collects the User's data and carries out various checks to prevent misuse and fraud. The data are stored on the PAYZEN servers and are at no time transmitted to the servers of the Site. PAYZEN requests authorisation from the bank and sends Manitou the transaction number, which allows transactions up to the authorisation amount.

To avoid having to re-enter the bank details for future orders, the User can choose to link his/her credit card to his/her online account. They are stored securely with PAYZEN, by ticking the box provided for that purpose on the Site. The User can consult the list of stored cards and delete any of them when desired.

In order to debit the account when billing, PAYZEN keeps the banking data associated with the authorisation number for the amount of time necessary to complete the transaction and process any claims (returns, disputes).

If the User has chosen to store his/her credit card details, they are automatically deactivated when the expiration date of the card is reached.

Article 8 - Cookies

In order to provide a better service to Site Users, MANITOU may automatically install "cookies" or other similar technologies on its Internet browsers. Cookies allow Manitou to record information about Site navigation and/or allow the identified User to access certain specific services automatically. The User may block cookies by configuring his/her Internet browser software according to the publisher's instructions. In doing this, the User accepts that there will be a drop in Site performance and relevant content.

To facilitate purchasing, Manitou remembers the User's shopping basket by means of a cookie. If the account is active, Manitou records and saves the basket so that the User can finalise the purchase later on. Manitou may send the User emails to inform him/her of the status of the basket.

Cookies may also be used:

  • To establish Site use statistics (number of visits, and pages viewed, dropout rate during the ordering process, etc.) so that service quality can be monitored and improved.
  • To tailor the presentation of the Site to the display preferences of the User's terminal.
  • To store information entered on forms, manage and secure access to restricted personal areas, such as the User's account, and manage the shopping basket.
  • To provide content, including advertising, related to the User's interests and to tailor the offers sent to the User by MANITOU BF.

Article 9 - Social networks

The Site uses third-party computer applications, which allow the User to share Site content with other people or inform other people of his/her views on the content of the Site. This applies, for instance, to the "Share" and "Like" buttons from social networks such as Facebook, Twitter, YouTube, etc.

When the User consults a Site page that contains one of these buttons, his/her browser connects directly with the social network's servers.

If he/she is connected to the social network when browsing, the application buttons allow the pages consulted to be linked to his/her User account. If the User interacts through the plug-ins, by clicking the "Like" button or leaving a comment, for example, the corresponding information will be sent to the social network and published on his/her account.

If the User does not want the social network to link the information collected via the Site to his/her user account, he/she must log off from the social network before visiting the Site.

Article 10 - Language

Only the French version of the Site GTCU shall govern legal relations between the User and Manitou. Any translation of the French version of the GTCU into another language is for information purposes only. The French version shall take precedence if there is a conflict or discrepancy with the translation.

Article 11: General provisions - Disputes

Failure to insist on compliance with the articles and conditions of these GTCU, 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 GTCU 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 GTCU.

The Site GTCU and legal notices are subject to French law (excluding provisions that refer to the application of a foreign law).

Any dispute relating to the interpretation, conclusion or execution of the GTCU between Manitou and any professional User shall, in the absence of an amicable agreement between the parties, fall under the exclusive jurisdiction of the courts of Nantes (France).