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Be aware that the orignial version of this document, written in french language, is the only legally binding version. Also note that the terms used in this content should be understood in accordance with the applicable law in France.

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Terms of Use of the CREWISE Mobile Application

Article 1: Characteristics of the application and main features

The company CREWISE GROUP (hereinafter referred to as "CREWISE") has developed a mobile application (hereinafter referred to as "Application") which aims to connect one or more members of a transport crew of any kind, particularly air or maritime (hereinafter referred to as "User"), on the one hand, with one or more providers (hereinafter referred to as "Provider") of all types of services for any person traveling by plane, on the other hand.

The main features of the Application are:

  • A service for searching for a Provider by geographic location.
  • A service for connecting the User with the Provider.
  • A service for exchanging messages between a User and a Provider.
  • A service for placing orders or concluding contracts online with the Provider.
  • A service for recommending and rating Providers by any User.
  • A list of suggestions and general information about destination countries and airports which may include, depending on the country, weather, local currency, or customs. The User acknowledges that this information is provided for informational purposes only, without prior verification, and does not in any way engage the responsibility of CREWISE.

The Application is accessible free of charge to any User by downloading via the "App Store" and "Google Play Store". Its access and use are free for the User. The costs necessary for access and use of the Application (Internet connection, telephone subscription, phone, etc.) remain the responsibility of the User. CREWISE's services are remunerated by subscriptions paid by Providers. Providers benefit, depending on their categories, the number of destinations covered and/or their sizes, from the same pricing conditions without any preferential rights granted to any of these Providers to ensure the neutrality of CREWISE.

CREWISE only connects crew members and Providers. CREWISE is not responsible for Providers recommended or rated by any User within or through the use of the Application.

Article 2: Scope

These terms of use aim to define:

  1. The conditions and limits under which any User of the Application accesses and has the right to use the Application.
  2. The rights and obligations of the User and CREWISE.

Any User acknowledges that they access and use the Application for professional purposes within the scope of their professional activity, excluding any private use and excluding any purposes that would not fall within the scope of their commercial, industrial, artisanal, or liberal activity.

Article 3: Acceptance of these terms of use

Before any registration and/or use of the Application and at the latest on the day of creating a user account, consisting of a personal and secure space for the User allowing them to use the Application with login credentials (hereinafter referred to as the "Account"), any User acknowledges having read these terms of use and having accepted them firmly and without reservation.

Article 4: Owner, Publisher, and Host of the Application

The owner and publisher of the Application is the company CREWISE GROUP, SAS with a share capital of 900 €, having its registered office at 46 Boulevard RISSO in 06300 NICE (France), registered with the RCS of Nice under number 922269709, Email: support@get-crewise.com, Phone: +33 7 56 94 51 38, VAT number FR54922269709.

The publication director is Mr. Mallory Mortier.

The host of the Application is the company Scalingo SAS, Siège Scalingo, 13 rue Jacques Peirotes 67000 Strasbourg, RCS of Strasbourg under number 808665483, Email: support@scalingo.com.

Article 5: Access to the Application

Access prohibited to minors

Access and use of the Application are reserved for Users, individuals over fifteen (15) years old.

Access limited to certain Users

The use of the Application and in particular all the services offered is reserved for Users, individuals or legal entities, who are members of an air transport crew, on the one hand, and only referenced or recommended Providers, on the other hand.

Access to the Application and its use can only be done after creating an Account by the User.

To create and have an Account, the User must provide accurate and complete information about their identity and their status as a member of a transport crew of any kind, particularly air or maritime. CREWISE reserves the right, prior to authorizing access to an Account, to request from the User, for security purposes, any professional proof allowing to attest their status as a member of a transport crew of any kind, particularly air or maritime. CREWISE reserves the right to verify the identity with any air service providers or national authority competent in civil aviation. Any false, incomplete, inaccurate, or outdated information provided by the User authorizes CREWISE to refuse the User's registration. The User is prohibited from impersonating a third party.

When validating their registration, the User creates their own login credentials for the Account by entering them directly into the Application. These login credentials consist of (i) the User's email address (serving as a unique identifier) and (ii) a password. For security purposes, the User will automatically receive an email allowing them to confirm the email address used during registration. It will be their responsibility to confirm their email address following the procedure described in the received email.

These credentials are intended to reserve access to the Application and its use by the User in a secure manner and to protect the integrity, availability, and confidentiality of the data transmitted by the User or available on the Application.

These credentials are strictly personal, confidential, and non-transferable and are reserved for the exclusive use of the User, excluding any other individual or legal entity. Consequently, the User agrees to make every effort to keep their credentials secret and not to disclose them in any form.

In case of loss, theft, misappropriation, or unauthorized use of their credentials, the User is required to immediately inform CREWISE by email support@get-crewise.com. CREWISE is authorized to temporarily suspend access to the User's Account during the procedure for generating a new password.

The User agrees to access and use the Application at all times under good technical conditions to ensure all measures of backup and protection against possible intrusions into the Application or through their login credentials. It is the User's responsibility, when connecting to their Account from a terminal or phone that is not theirs, to disconnect their Account after each use. All data or messages sent from their Account are presumed to be sent by the User and engage their responsibility.

Article 6: Availability and interruption of the Application

CREWISE undertakes to ensure that the User can access and use the Application subject to:

  1. interruptions of telecommunications services or the Internet network. CREWISE cannot guarantee the continuity of the Application without interruption due to the technical hazards inherent to the Internet network and the resulting access interruptions.
  2. interruptions necessary for the proper functioning of the Application, particularly maintenance following any anomaly observed that prevents normal operation of the Application. In this latter case and except in emergencies, maintenance interventions are carried out from 8 PM to 6 AM Paris time, France.
Interruptions do not give rise to any compensation and CREWISE's responsibility cannot be engaged in case of any impact of this unavailability on the User's activities.

Access to or use of the Application may be restricted by CREWISE when accessing from unidentified or suspicious terminals.

Article 7: Assistance

CREWISE provides a technical assistance service to any User. The service is available during the following business hours from 9 AM to 5 PM Paris time (France) by email support@get-crewise.com. Any request for technical assistance and any technical assistance are billed at CREWISE's current rates.

Article 8: Information about Providers

Any information about a Provider on the Application can be created, filled in, and/or updated by the Provider, by any third party chosen by the Provider, or based on suggestions made on the Application by a User. Any User can notably request the creation of a Provider's profile. This new profile is published at CREWISE's discretion after verification by CREWISE's teams. The User's attention is drawn to the fact that only profiles with the mention "verified" (also represented by a badge next to the Provider's name) indicate that the profile was indeed created by the Provider.

CREWISE does not guarantee the accuracy of any information about a Provider and disclaims all responsibility in case of inaccurate, erroneous, or incomplete information.

Article 9: Referencing Providers

Providers are referenced according to CREWISE's referencing policy accessible https://crewise-app.com/legals/crew/how-does-supplier-search-work .

Article 10: Order placed with a Provider or contract concluded with a Provider

The User acknowledges that CREWISE does not provide any service other than making the Application available and maintaining it to allow the User to connect with a Provider. CREWISE's role is limited to a technical intermediary role. CREWISE is not in any way the representative of a Provider.

CREWISE cannot therefore be held responsible for any poor execution of an order placed or a contract concluded with a Provider, the latter being solely responsible to the User or any third party for the proper execution of the order placed or the contract concluded.

CREWISE disclaims all responsibility in case of any dispute of any kind between a User and a Provider or any other service provider whose data is available on the Application.

Article 11: Notification

The User can choose to receive notifications regarding:

  • Any order placed or contract concluded via the Application with a Provider. In this case, they authorize CREWISE to send them notifications on behalf of the Provider. These notifications are sent on behalf of the Provider and do not engage CREWISE's responsibility.
  • Any addition, novelty, or evolution in the content published in the Application.
The User has the possibility at any time to oppose these notifications.

Article 12: Contents of the Application

    Contents edited by CREWISE

    The contents of the Application edited by CREWISE are and remain the exclusive property of CREWISE.

    Contents created or transmitted by the User

    The User is solely responsible for all data, information, or content created or transmitted by them during the use of the Application. They remain solely responsible for the compliance of this data, information, and content with all legal provisions, particularly laws applicable to freedom of expression, intellectual property, image rights, and the protection of personal data.

The User is prohibited from publishing, in particular, any content:

  1. inciting racial hatred, hatred against people on the basis of their sex, sexual orientation, gender identity or disability, as well as child pornography, violence, including incitement to sexual and gender-based violence, discrimination, provocation to commit acts of terrorism and their apology,
  2. promoting Third Party Suppliers,
  3. defamatory, insulting or denigrating or any denigration of a competitor,
  4. inciting computer hacking,
  5. violating the privacy of any third party,
  6. violating human dignity,
  7. promoting dangerous or harmful behaviors for the health and safety of any third party such as incitement to suicide, self-harm, consumption of illicit substances,
  8. infringing the intellectual property rights of any third party or inciting counterfeiting,
  9. fraudulent, misleading or deceptive.

The User is solely responsible for the accuracy of the data provided by them when placing an order or concluding a contract with a Supplier, including the data identifying the User, the delivery address, or the quantity of products ordered. CREWISE cannot be held responsible for this information.

The User guarantees CREWISE, as well as all members of its staff, against any recourse, complaint, claim for compensation, or procedure of any kind from any third party regarding this data, information, or content and agrees to indemnify CREWISE as well as all members of its staff for all costs (including fees, expenses, and legal costs) and damages related to such recourse, complaint, claim for compensation, or procedure of any kind.
CREWISE reserves the right to delete any data, information, or content contrary to this article without prior information or notification to the User and without any compensation of any kind.

Article 13: User Reviews

Users of the Application have the opportunity to leave reviews and ratings on the listed Suppliers. These reviews are published directly and without prior moderation. By posting a review, each User agrees to comply with the following conditions:

  1. Authenticity and Honesty: Users agree to only publish reviews reflecting their personal and real experience with the evaluated Supplier. Any review considered false or misleading may be deleted afterward.
  2. Respect and Courtesy: Reviews must respect the dignity of Suppliers and other Users, remaining free of defamatory, insulting, or discriminatory remarks.
  3. Absence of Initial Moderation: Due to the absence of prior moderation, reviews are published under the sole responsibility of the User who posts them. However, our team reserves the right to delete any review that violates these conditions or the applicable legislation.
  4. Reporting Abuse: If a review seems inappropriate or violates these conditions, Users or Suppliers can report it. Our team reserves the right to verify and remove any reported content if necessary.

Article 14: Intellectual Property

CREWISE is and remains the owner of all intellectual property rights of the Application as well as all elements taken individually or together of the Application, including the databases and software developments of the Application. However, CREWISE does not hold the rights to the content published by any person on the Application, particularly by any User or Supplier.

The right to use this Application does not confer any intellectual property rights to the User. The User is therefore prohibited from:

  1. Representing, reproducing, or exploiting the Application and all elements taken individually or together of the Application without the express, written, and prior authorization of CREWISE, in accordance with article L. 122-4 of the French intellectual property code.
  2. Reproducing, representing, or implementing permanently or temporarily the Application and all elements taken individually or together of the Application in whole or in part, by any means and in any form, including during loading, display, execution, transmission, or storage of the Application and all elements taken individually or together of the Application.
  3. Translating, adapting, altering, arranging, or modifying the Application and all elements taken individually or together of the Application.
  4. Distributing or marketing for free or for a fee, including renting, the Application and all elements taken individually or together of the Application.
  5. Exporting, merging with other software, making available to third parties, commercializing, or lending the Application and all elements taken individually or together of the Application.
  6. Making a backup copy of the Application and all elements taken individually or together of the Application.
  7. Decompiling, translating the object code of the Application into source code, or having it done by a third party.
  8. Intervening or having a third party intervene on the Application and all elements taken individually or together of the Application, including to correct any errors. CREWISE expressly reserves the exclusive right to intervene on the Application, particularly to correct errors or anomalies.

Failure to comply with the provisions of this article may constitute an act of counterfeiting that engages the civil and criminal liability of the User.

Article 15: Hosting

The hosting of the Application is carried out in the cloud with a secure hosting provider with whom CREWISE has established a service contract.

Article 16: Application Update

CREWISE reserves the right to modify the Application at any time, in whole or in part, to maintain, adapt, or evolve the functionalities of the Application, including through security updates.

Article 17: Duration

The Account of any User is valid and, consequently, these terms of use are applicable, for the entire duration of the User's Account maintenance on the Application or until any termination of the User's Account for any reason, including termination at the initiative of CREWISE.

Article 18: Force Majeure

CREWISE cannot be held responsible if the non-performance or delay in the performance of any of its obligations results from a case of force majeure.

The User acknowledges that, in agreement with CREWISE, the following are considered cases of force majeure, in addition to those usually recognized by the jurisprudence of French courts and tribunals: war(s), social unrest (strike(s) or lock-out situation(s)), attack(s), bad weather, epidemic(s), pandemic(s), earthquake(s), flood(s), water damage, fire(s), blockage(s) or interruption(s) of the Internet, blockage(s) or interruption(s) of communication, transport, or supply means (including telecommunications network).

CREWISE will inform the User by any means that allows giving a certain date to the event of its inability to perform its obligations. The suspension of the obligations cannot in any case be a cause of liability for non-performance of the obligation in question, nor induce the payment of damages or late penalties.

Article 19: Warranty

The Application is a standard application, designed and made available to users to satisfy the largest number of users. It is not a custom-made application for the User.

The Application is provided "as is."

The User acknowledges that it is not possible, given the uncertainties of computing and the Internet, for the Application to function without discontinuity, bugs, or errors.

Article 20: Liability

The Application is an application for connecting users with Suppliers. The User uses the Application at their own risk. CREWISE cannot be held responsible for any damage or harm related to the installation, operation, or use of the Application by the User, particularly regarding any selection of Suppliers, any order placed or contract concluded with any Suppliers listed or recommended within the Application, any content published or edited by Suppliers or any other User, or any messages exchanged with Suppliers. Any decision made by the User using the functionalities included in the Application is made at their own risk and under their sole responsibility.

CREWISE's liability can only be engaged for a fact directly attributable to it and causing certain harm to the User, excluding all indirect damages or harm.
In any case, CREWISE cannot be held responsible:

  1. For the accuracy of all information concerning all Suppliers.
  2. For any content not edited by CREWISE.
  3. For any rating or recommendation of a Supplier made by a User or a third party.
  4. For any order placed by a User or contract concluded by a User with a Supplier.
  5. For any failure of a Supplier of any kind (examples: delivery delay, wrong quantity delivered, poor quality delivered, etc.).
  6. For the consequences in case of failure of equipment, particularly any failure of physical supports (examples: computer, phone, tablet, etc.) or computer networks (example: internet, etc.) of the User or a third party.
  7. For the accidental or non-accidental destruction of data by the User or a third party who accessed the Application using the User's credentials.
  8. In case of abnormal or fraudulent use by the User or third parties requiring the shutdown of the Application for security reasons.
  9. For the User's non-compliance with these terms of use or any national or international law or regulation.
  10. For the consequences in case of interruption, service degradation, or failure of the Internet network, internet access services, or any public or private telecommunications operator or interruptions of the Application related to the inherent uncertainty of computing and the Internet.
  11. For the consequences in case of interruption, service degradation, or failure of any public or private electricity supplier.
  12. For the consequences of the User's non-compliance with these terms of use.
  13. In case of use of the Application by the User in a manner not conforming to its intended purpose or unauthorized modification of the Application.
  14. In case of impossibility or difficulty in using the Application in case of force majeure.

Article 21: Obligation to Retain Identification Data

In accordance with the provisions of article 6 of law no. 2004-575 of June 21, 2004, for confidence in the digital economy, the User acknowledges that CREWISE is required to hold and retain data that allows the identification of anyone who has contributed to the creation of the content or one of the contents of the services provided by CREWISE.

Article 22: Termination

  • Termination at the initiative of CREWISE
  • Termination for fault - The Account of any User and, consequently, these terms of use may be terminated automatically without notice, without formalities, and without any right to compensation for the User solely due to their non-compliance in the following cases:
    • In case of non-compliance with any of the provisions of these terms of use or non-compliance with any legal or regulatory provision.
    • In case of loss of their status as a member of a transport crew of any kind, particularly air or maritime.
    • In case of illegitimate access to the Application by a third party due to a security breach or fault of the User.

    Termination without fault - Furthermore, the User acknowledges being informed that any User Account and, consequently, these terms of use may be terminated by CREWISE without compensation for the User subject to a one (1) month notice period without any fault of the User and without CREWISE having to justify its decision.

  • Termination at the initiative of the User

    The User may at any time and without having to justify his decision terminate his Account and, consequently, these terms of use, which will result in the closure of his Account.

  • Article 23: Consequences of Termination

    In the event of termination, whatever the cause, the access and use of the Application by the User will be closed to the User. His Account will be deleted and his data destroyed. It is the User's responsibility to back up his data, information, and content before termination. The User has no right to copy the data, information, and content of his Account and no right to portability or reversibility of this data, except as otherwise provided by law.

    Notwithstanding the foregoing, CREWISE will retain data based on a legal retention obligation to which CREWISE is required to respond as well as any data necessary to CREWISE, particularly for evidentiary purposes in the event of a dispute with a User or a third party. This data will be retained for the entire duration of the legal prescription periods.

    Article 24: Handling of Complaints

    CREWISE provides a service for handling complaints related to the Application available to any User. The service is available during the following business hours 9am – 5pm Paris time (France) by email support@get-crewise.com.

    Article 25: Applicable Law

    These terms of use are subject to French law. These terms of use are written in French. In the event that they are translated into one or more languages, only the French text will be authoritative in the event of a dispute.

    Article 26: Disputes

    ALL DISPUTES TO WHICH THESE GENERAL TERMS OF USE AND THE AGREEMENTS ARISING THEREFROM MAY GIVE RISE, CONCERNING BOTH THEIR VALIDITY, APPLICATION, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES, AND FOLLOW-UPS WILL BE SUBMITTED TO THE JURISDICTIONS OF THE LOCATION OF CREWISE'S REGISTERED OFFICE.

    Article 27: Nullity, Invalidity, or Inapplicability of a Clause and Independence of Contract Clauses

    If any provision of these terms of use is annulled, invalidated, or deemed unenforceable by a law, regulation, or final court decision, this provision will be deemed unwritten and the other provisions will remain in force between the Parties and retain their full force and effect.

    Article 28: Independence

    The User cannot in any way be considered as an employee, agent, distributor, principal, or representative of CREWISE in any way. The User accesses and uses the Application for his own account and is independent of CREWISE.

    Article 29: Title

    In case of difficulty in interpreting any of the titles and any of the clauses, the content of the clause will prevail over the title.

    Article 30: Non-Waiver

    The fact that CREWISE does not request or require the application, execution, or compliance with a provision, obligation, or condition provided for in these terms of use, cannot in any case be considered as a waiver of CREWISE's rights arising from said clause and does not affect CREWISE's right to require its execution or compliance later.

    Article 31: Interpretation

    Any ambiguous clause of these terms is interpreted according to the common sense used in business.
    Words written in the singular may be understood in the plural and vice versa.

    Update

    Update date: 08/04/2024