Legal Notice

This website is edited by :

AUVERGNE PNEUMATIQUES RACING
3 rue du Pavin – Parc logistique
63360 GERZAT
France
Phone : +334 73 24 24 24
Limited liability company, with a capital of 200 000€
855 200 507 R.C.S. Clermont-Ferrand

 

This Site is hosted by :

OVH
2 Rue Kellermann
59100 ROUBAIX
France
424 761 419 00045 R.C.S Lille Métropole

 

Director of publication: Mrs Sophie VIGIER

 

Please read these terms and conditions of use carefully before consulting the https://trackconnect-pro.michelin.com site (hereinafter the “Site”) dedicated to the marketing of the MICHELIN Track Connect solution. This Site is reserved for professionals. Please refer to the drop-down menu in order to access the corresponding language.

ARTICLE 1 – PURPOSE

The purpose of this legal notice is to define the terms and conditions under which APR makes the Site available to you and the terms and conditions under which you access and use it.

Any connection to the Site is subject to compliance with the legal notice, which APR reserves the right to modify or update at any time. By accessing and using the Site, you accept these terms and conditions.

ARTICLE 2 – ACCESS AND USE OF THE SITE AND CONTENT

2.1 Site: Access and Use

APR endeavours to keep the Site accessible, but is under no obligation to do so. It is specified that for maintenance, updating, and for any other reason, in particular for technical, legal or security reasons, access to all or part of the Site and/or content may be modified, interrupted or even deleted. APR may under no circumstances be held liable for these temporary or permanent interruptions and the consequences that may result for you.

You undertake not to access or use the Site in a fraudulent manner and, in particular, interactive services, if such services exist.

2.2 Content: Access and Use

This Site is accessible to all professional users. It contains sections presenting the MICHELIN Track Connect solution and its characteristics.

APR reserves the right to modify, correct, interrupt and/or delete all or part of the content and/or the Site at any time without notice.

Within the limits set out below, APR grants you the right to download, print and use the contents of APR (i) when the download functionality exists, (ii) for personal and non-commercial purposes, (iii) in good faith and (iv) by keeping intact the proprietary notices and the date of publication on line which appear on these contents, if such information is indicated. This right must not be interpreted in any way as a license of any kind, in particular for a trademark or logo.

All Third Party Content, as defined in Article 3.2, is subject to the rules enacted by the said third party.

2.3 Restrictions on use

All reproductions, representations and uses other than those referred to above are prohibited without the express and prior authorisation of APR, and in particular:

  • any adaptation, making available to the public at its request or not, distribution, rebroadcasting in any form whatsoever, networking, public communication of all or part of the Site, works, services, brands and all elements protected or likely to be protected by intellectual property law reproduced on the Site;
  • any extraction and/or reuse, including for private purposes, of a qualitatively or quantitatively substantial part of the content of the databases constituted by the Site or accessible on the Site;
  • any repeated and/or systematic extraction and/or reuse, including for private purposes, of even a non-substantial part of the content of the databases constituted by the Site or accessible on the Site;
  • any link, access, modification, addition, deletion which relates to the automated processing system of the online edition and modifies the conditions of publication or the editorial policy.

You are reminded that the following in particular are prohibited:

  • fraudulent access and maintenance in an automated data processing system,
  • the fraudulent deletion, modification or addition of data in this system,
  • hindering this system.

Any user who acts in fraud of the present legal notice exposes himself to civil or criminal prosecution, which punishes in particular infringements of copyright, neighbouring rights, the rights of database producers and/or automated data processing systems.

ARTICLE 3 – INTELLECTUAL PROPERTY RIGHTS

3.1 General

The content (including but not limited to information, text, files, graphics, images, data, databases, software, APIs, images, photos, visuals, videos and soundtracks, logos and trademarks as well as the form of all these elements and the site itself) are protected by copyright and/or other intellectual property rights. The contents are the exclusive property of their respective publishers. Any copy, reproduction, representation, exploitation, adaptation, alteration, modification, translation, distribution, in whole or in part, of the contents, whether they belong to APR or to a third party who has granted rights to APR, by any process whatsoever, is illegal with the exception of the restrictive rights granted to you in article 2 above and/or private copies reserved for the exclusive use of the copier. The content presented on this Site is subject to change without notice and is made available without any guarantee of any kind, express or tacit, and may not give rise to any right to compensation. The contents are protected by © 2019 MICHELIN or copyright of its partners. The logos are registered trademarks.

3.2 Additional rules relating to Third Party Content

Certain “Third Party Content” (including, but not limited to, information, text, files, images, graphics, data, photos, visuals, videos and audio, software, APIs and databases, URL links, third party sites, social network feeds, rss feeds from blogs, data libraries and dictionaries and any other content or other property, in any format, obtained or derived from sources outside APR and made available on or through the Site or during your use of the Site. All intellectual property rights and user licences relating to Third Party Content are subject to the rules laid down by the said third party.

The third party owner, author or supplier of Third Party Content remains the owner of the intellectual property rights of the content and the right to use such Third Party Content remains subject to the applicable conditions as defined by the third party owner, author or content supplier.

ARTICLE 4 – ELECTRONIC MAIL

To correspond with APR by e-mail, you must fill in the electronic correspondence forms available on the Site. Replies made by APR to e-mails, as well as access to the Site and its contents, may not be assimilated or constitute proof of the exercise of an advertising, promotional or commercial activity on the territory of the country where the user is located.

ARTICLE 5 – PROTECTION OF PERSONAL DATA

We refer you to our Privacy Policy and our Cookie Policy.

Our Site may contain links to other sites. Please be aware that when you leave our Site, you may be subject to other privacy practices over which APR has no control and for which it is not responsible.

ARTICLE 6 – WARRANTY AND LIABILITY

6.1 General limitation

To the extent permitted by law, the content published and/or accessible on or via the site is provided “as is” without any express or implied warranty of any kind and APR expressly disclaims all liability of any kind whatsoever in respect of all or part of the content and/or the site. In particular, APR shall not be held liable in the event of contamination of your computer resources (material and immaterial) resulting from the propagation of a virus or other computer infections. It is your responsibility to take all appropriate measures to protect your computer resources.

Under no circumstances shall APR, its directors, employees, agents, suppliers or partners mentioned in the site be held liable under any action in contract, tort or any other action, for any direct or indirect, incidental or consequential damages, or of any nature whatsoever or for any prejudice, in particular of a financial or commercial nature, resulting from access (non-access) and/or use (non-use) of the site or of any content obtained on or via the site, including third party content (as defined in Article 3. 2 above).

6.2. Additional limitation relating to Third Party Sites and Content

The Site may contain simple or deep links to third party sites, with the latter’s permission for deep links.

You acknowledge that APR is not responsible for and has no obligation to monitor or correct third party sites. Furthermore, APR has no control over these sites and, consequently, cannot be held responsible for their accessibility, relevance, availability, content, advertising, products and/or services available on or via these sites. Thus, APR is in no way liable for any direct or indirect damage that may arise from your access (non-access) or use (non-use) of the third party site or from your failure to comply with any regulations.

APR has the possibility to update, change or modify the site, due to a modification or inaccessibility of the contents of third parties or third party sites. APR also has the right to cease providing access to third party content without any liability to you.

ARTICLE 7 – JURISDICTION AND APPLICABLE LAW

Any dispute relating to the site, to this legal notice is brought before the court of Clermont-Ferrand and is governed and analysed according to French law on the merits, independently of the rules of conflict of laws. Use of the Site signifies the user’s express agreement to the application of this clause. Should any of the stipulations of this document be deemed illegal, null or inapplicable for any reason whatsoever, it shall be considered as not forming part of this document and shall not affect the validity or application of the other stipulations.

 

Date: May 06, 2020