REZULTEO-PRO GENERAL TERMS OF USE


Preamble: ACCEPTANCE OF THE GENERAL TERMS OF USE



PLEASE READ THESE GENERAL TERMS OF USE CAREFULLY BEFORE USING THE REZULTEO-PRO SERVICE.

These General Terms of Use govern use of the REZULTEO-PRO online service, hereinafter referred to as the “Service”.

REZULTEO-PRO is an online service accessible from a website or application published by LIZEO ONLINE MEDIA GROUP, a société par actions simplifiée (simplified joint stock company) with capital of €20,000, registered in the Lyon trade and companies register under number 511 569 709 and with head offices located at 42 quai Rambaud 69002 Lyon – France.

Use and viewing of the REZULTEO-PRO Service assumes that the User of REZULTEO-PRO (hereinafter the “User” or “Users”) undertakes to comply with these General Terms of Use (hereinafter the “GTU”).


If you do not accept the clauses of this contract, you must immediately disconnect from the REZULTEO-PRO Service. Use of the Service implies acceptance of the clauses of this contract.


REZULTEO-PRO reserves the right to suspend or terminate use of the Service at any time, in the event of the User infringing these general terms of use.




Part I: DESCRIPTION OF THE REZULTEO-PRO SERVICES



Article 1 – Presentation of the Service

REZULTEO-PRO is a Service intended for professional Users in the tyre sector.

Once the User has registered, REZULTEO-PRO provides them with services comparing the prices of car tyres, tracked daily by LIZEO ONLINE MEDIA GROUP.

The REZULTEO-PRO Service provides professional Users with sales and technical data from the tyre sector (product data sheets, tests, trials, technical information regarding vehicles and tyres, etc.).


It offers free search functions that enable the User to locate tyres proposed on the websites referenced on REZULTEO-PRO via key words and technical terms. The purpose of these searches is to enable comparison of sales and technical characteristics and the drawing up customizing quotations for the User’s clients.

The results provided as a result of the search feature are not exhaustive and do not cover all the offers available on the Internet and in trade outlets. These results come from the data gathered by REZULTEO-PRO from referenced websites or manufacturers.

LIZEO ONLINE MEDIA GROUP shall do its utmost to ensure continuity in tracking and providing data from the selected websites. In the event of recurring technical difficulties preventing the extraction of data from a selected site, the User accepts that the price gathering database may experience temporal discontinuity. LIZEO ONLINE MEDIA GROUP reserves the right to remove one or more of the sites displayed without notice or justification.


The REZULTEO-PRO Service is not a sales website and tyres cannot be purchased on REZULTEO-PRO or from LIZEO ONLINE MEDIA GROUP.

The function that creates quotations for the User’s customers via the REZULTEO-PRO Service based on prices collected on REZULTEO-PRO is a function provided for the User by LIZEO ONLINE MEDIA GROUP, for which the company cannot be held liable. The User is solely responsible for the content of quotations it sends to its customers.


REZULTEO-PRO offers distribution networks a range of supplementary services, subject to subscription, including price recommendations and point-of-sale information messages. These functions are provided for networks by LIZEO ONLINE MEDIA GROUP and the company cannot be held liable for their use. Networks are solely responsible for any information they may pass on to their points of sale.


Finally, subject to subscription, REZULTEO-PRO offers access to data for several countries.


Article 2 – Access to the Service

The Service is open to professionals from the tyre sector.

Use of REZULTEO-PRO Services is exclusively reserved to Users identified by name. Once registration has been requested, LIZEO ONLINE MEDIA GROUP shall grant the User permission to access the Services via the creation of a user account. LIZEO ONLINE MEDIA GROUP reserves the right to interrupt access to the service in the event of suspicious use by the User, such as:

- Abnormal frequency or number of requests,

- Abnormal volume of data requested, such as multiple, simultaneous connections from the same User, suggesting use of a data collection robot.

Notification will be sent to the User by e-mail or any other means prior to any interruption resulting from suspicious use.



Article 3 – Registration for the Service

When creating an account, the User must provide their e-mail address. A password will be automatically generated and sent by e-mail.

In order to continue using the service and after a certain number of requests, or in order to use the quotation-sending function, Users must fill in the following fields on their identification file: last name, first name, company name, business telephone number, business address (address, postcode, city and country) and trade registration number. Users may fill in their personal information at any time in “My account”. If a User has not filled in their personal information after the number of authorized requests or when using the quotation-sending function, a pop-up window will invite them to do so in order to continue using the REZULTEO-PRO service.


Users may only open one account per person (same e-mail address) and are informed that they are solely responsible for the personal and confidential nature of their account and password.
Furthermore, Users undertake to notify REZULTEO-PRO of any non-authorized use of their account and/or any breach of website security.

Article 4 – Formulas for accessing and subscribing to the Service

a- Standard Formula:

This formula allows access to all websites referenced by LIZEO ONLINE MEDIA GROUP and all the elements summarizing tyre provision on REZULTEO-PRO (product datasheets, vehicle information).
It also allows access to certain functions of the REZULTEO-PRO service, such as the creation and sending of customized quotations and access to a labeling simulator.


The Standard Formula is free of charge.

b – Network Formula:

This formula allows access to all websites referenced by LIZEO ONLINE MEDIA GROUP and all the elements summarizing tyre provision on REZULTEO-PRO (product datasheets, vehicle information).
It also allows access to certain functions of the REZULTEO-PRO service, such as the creation and sending of customized quotations, access to a labeling simulator and the display of recommended prices and information messages at points of sale. It also allows access to a dedicated administration interface to configure the recommended prices and select the websites and brands visible by the points of sale.


The Network Formula is payable in the form of an annual subscription implemented by the signing of a sales contract between the User’s company or the User and LIZEO ONLINE MEDIA GROUP.



Article 5 – Security

Users are reminded that the Internet is an unsecured network. Users must therefore take precautions to protect their own data from any contamination by Internet viruses or any other types of contamination. They must also implement all means to avoid intrusion by a third party into their terminal system, for whatever purposes.

REZULTEO-PRO declines any responsibility for the spreading of computer viruses, as well as for any consequences that may result from the said viruses.

Article 6 – Contacts

Users may contact REZULTEO-PRO with any questions regarding access to the Service from the website or any other questions regarding its use via the platform contact form or by writing directly to rezulteo-pro@lizeo-group.com




Part II: CONFIDENTIALITY AND DATA PROTECTION



Art 1: Processing of personal data

Data gathered on the REZULTEO-PRO Service comes from voluntary information supplied by Users, enabling them to receive information and/or access the REZULTEO-PRO Service.


The provision of personal data on the REZULTEO-PRO Service is needed to access the REZULTEO-PRO Service, which requires the creation of a user account validated by LIZEO ONLINE MEDIA GROUP. Users are however warned and may expressly accept or refuse to provide the personal data requested. Refusal then makes it impossible to create a user account and access the proposed Services.

This data constitutes a file that may be passed on externally within the European Union or passed on to satisfy legal and regulatory obligations, or at the request of an administration or legal authority.

LIZEO ONLINE MEDIA GROUP shall keep this personal data for a maximum period of three years.

Art 2: Personal information, Freedom of choice

The User is invited to provide personal information when registering for a specific service that requires the opening of an account. Use of this data by LIZEO ONLINE MEDIA GROUP is subject to the express agreement of the User.

Without this prior agreement, the personal data collected may not be used.


Art 3: The right to access, modify and delete

3.1. Personal Data

Users are informed that data collected is subject to computer processing that is declared by REZULTEO-PRO to the French regulatory body, the Commission nationale de l'informatique et des libertés (CNIL).


Data collected is used by REZULTEO-PRO to manage the User’s account and, if applicable, for any direct marketing operation, whatever the media used, performed by LIZEO ONLINE MEDIA GROUP to inform its clients of its offers and services.


Users may at any time access, correct, modify or delete their personal data held by LIZEO ONLINE MEDIA GROUP, under the provisions of the Data Protection Law 78-17 of 6 January 1978.


Users may exercise this right via the platform contact form or by writing directly to rezulteo-pro@lizeo-group.com or by post to the following address:


LIZEO ONLINE MEDIA GROUP

42, quai Rambaud

69002 LYON

France

Under the Data Protection Law 78-17 of 6 January 1978, the collection of data on the REZULTEO-PRO Service was declared to the CNIL on 2 November 2009, under file no. 1393129 and updated on 30 May 2013.

3.2. Business data

All the tyre businesses presented on the REZULTEO-PRO Services have the right to correct, modify and delete their business data. This right may be exercised by writing to the postal address of LIZEO ONLINE MEDIA GROUP or by e-mail to the following address: rezulteo-pro@lizeo-group.com

Article 4: Cookies

4.1. Purpose and functioning:

Cookies may be placed on the User’s computer for more convenient browsing and use. However, when Users click on links to other partner or merchant sites, these sites may also create cookies. In this case, the cookie is not used to identify the User, but rather to identify that their visit originates from the REZULTEO-PRO Service.


Information collected from cookies is not linked to the personal information collected by the REZULTEO-PRO Service from the User and is only used for general visitor statistics purposes.


Any User that does not want this information to be stored by cookies may change the setting on their Web browser to delete these cookies. Users are informed that this setting may reduce the performance and functions of the Service.


Users may at any time exercise their right to access information regarding the installation of cookies by sending a letter to LIZEO ONLINE MEDIA GROUP at the following address:


LIZEO ONLINE MEDIA GROUP

42, quai Rambaud

69002 LYON

France

4.2. Beacons

Users are informed that the REZULTEO-PRO Service uses TRADEDOUBLER Digital Marketing services, which installs cookies on the browser used in order to implement a User affiliation program.


Users are informed that the REZULTEO-PRO Service also uses web beacons (Webtrekk) to track usage of the REZULTEO-PRO Service, without identifying the User.

LIZEO ONLINE MEDIA GROUP is responsible for tracking and storing IP addresses for the purposes of correctly administrating the system. In order to improve its statistical research, the REZULTEO-PRO Service may use web beacons.


4.3. Protection of Google Analytics data

Users are informed that REZULTEO-PRO Service uses Google Analytics services provided by Google Inc. This service uses data generated by cookies (including the User’s IP address) to analyse use of the REZULTEO-PRO Service by Users for the purpose of assessing this use, producing reports on website activity for REZULTEO-PRO and supplying other services connected with the use of the website and Internet. This data will be sent to a Google server located in the United States, where it will be stored. Google may pass this data on to third parties when this is legally required or when third parties process this data on behalf of Google, including REZULTEO-PRO. Google undertakes not to connect your IP address to any other Google data.

By using this website, the User expressly agrees to the processing of personal data by Google under the terms and for the purposes described above and confirms they have been fully informed about the legal issues involved with use of the Google Analytics service.


Art 5: Connection information

Each time the Service is accessed, REZULTEO-PRO servers automatically record the information that the User’s browser sends during the connection. Server logs may include information on search requests performed on the Service, IP address, browser type, browser language and other information that identifies the User’s browser. This information is used to detect and prevent any fraud or malicious acts.




Part III: INTELLECTUAL PROPERTY RIGHTS



The entire REZULTEO-PRO Service and its visual identity are the exclusive property of LIZEO ONLINE MEDIA GROUP and are protected by intellectual property rights in force or any other law.

All the elements of the REZULTEO-PRO Service, including the content, illustrations, structure, editorial content, comments, photos, images, sounds, videos and organization, are protected by copyright and may not be reproduced, either wholly or in part, without the express, prior authorization of LIZEO ONLINE MEDIA GROUP.

The same prohibitions apply to the content, including advertising, and information displayed on the Service by advertisers or partners, which may be protected by copyright, trademark law, patent law or any other law under current legislation.

The content of REZULTEO-PRO is assimilable to a database, protected under this definition by articles L341-1 and L 342-1 of the French Intellectual Property Code.

The content of the REZULTEO-PRO service and the technical and commercial data compiled is the result of substantial material, financial and human investment on the part of LIZEO ONLINE MEDIA GROUP.

LIZEO ONLINE MEDIA GROUP opposes any quantitatively and qualitatively substantial extractions from and re-use of the REZULTEO-PRO database.

LIZEO ONLINE MEDIA GROUP opposes repeated and systematic extraction from and re-use of any parts, whether substantial or not, of the REZULTEO-PRO database.




Part IV: GUARANTEES



REZULTEO-PRO is made accessible and provided to the User “as is” without any guarantee from LIZEO ONLINE MEDIA GROUP as to the accessibility and content available via the REZULTEO-PRO Service on partner sites.

LIZEO ONLINE MEDIA GROUP does not guarantee that the available information is exempt from errors or inaccuracies.

However, LIZEO ONLINE MEDIA GROUP undertakes to do its utmost to verify the quality, truth, security and precision of the information and data available on the REZULTEO-PRO Service and to ensure correct functioning, although it cannot be held responsible either for inaccuracies in this information or the exhaustive nature of the data.




Part V: LIABILITY



The Publisher and designers of the REZULTEO-PRO Service cannot be held responsible for any errors or omissions in the information provided or any technical problems encountered on the Service and on any other websites to which links are provided.

LIZEO ONLINE MEDIA GROUP cannot be held responsible for any interpretation that the User may make of the information present on the REZULTEO-PRO Service.

LIZEO ONLINE MEDIA GROUP cannot be held responsible for any damage caused during the downloading of data from the REZULTEO-PRO Service.

Despite all the care taken and resources implemented, errors involving technical and commercial data of the tyres may remain. LIZEO ONLINE MEDIA GROUP is not responsible for any price disparities between REZULTEO-PRO and the merchant site chosen by the User and to which they have been directed.

The price and information provided by the merchant site prevail over the data provided on REZULTEO-PRO and the User is committed to them once connected to the merchant site.




Part VI: INDEMNIFICATION



The User undertakes to indemnify LIZEO ONLINE MEDIA GROUP, together with its sister companies or affiliates, representatives, staff, shareholders, suppliers and partners, against any damage, claim or demand from a third party as a result of its infringement of the “GTU” or the rights of others or public order.




Part VII: MISCELLANEOUS




Art 1: Protection


REZULTEO-PRO prohibits all users from collecting personal data on the Service (including e-mail addresses) and, in particular, from using these e-mail addresses for the prospection purposes. REZULTEO-PRO thus reserves the right to monitor use of its Service in order to ensure correct functioning and compliance with these general terms of use.



Art 2: Entire agreement

The clauses of these GTU, including those covering confidentiality and data protection, constitute the entire agreement between the User and LIZEO ONLINE MEDIA GROUP regarding the subject of the present agreement and they cancel and replace any previous arrangements and agreements on this subject, of whatever form.

Art 3: Partial invalidity

Should any term or stipulation of the present agreement prove to be invalid, null or inapplicable whether in full or for a given application, the other clauses of this agreement shall nevertheless remain in force.


Art 4: Waiver

The failure of LIZEO ONLINE MEDIA GROUP to demand the performance of an obligation under the terms of the present agreement may not in any way affect its future entitlement to demand performance of the same obligation, except in the case of an explicit, written waiver signed by LIZEO ONLINE MEDIA GROUP.

Art 5: Applicable law

This agreement shall be governed and interpreted in accordance with French law.

Art 6: Jurisdiction

Any legal proceedings related to this agreement shall be brought before the competent courts in Lyon.


Art 7: Language

The original French version of this agreement may have been translated into other languages. In the event of any inconsistency or divergence between the French version and that of another language, the French version shall solely apply.


Version updated in September 2013