General Terms and Conditions of Use and Sale (Terms of Use/Terms of Sale) of the SafeKeeper Application
This translation is provided for information only. Only the French version is legally binding.
KEY PRINCIPLES
These general terms and conditions (the “Terms”) apply automatically to all services offered by the company SAFEKEEPER, hereinafter referred to, and to any use of the SafeKeeper mobile application. This application is a mobile application that connects “Bikesitters”, hereinafter referred to, with “Travelers”, hereinafter referred to, so that the latter may benefit from vehicle safekeeping services provided by Bikesitters. These services are provided under the SafeKeeper brand. For more information, please consult our help page. SafeKeeper guarantees the proper performance of these services under the conditions set out in these Terms. Please read these Terms carefully. Their purpose is to define the terms of access to and use of the application, as well as the rights and obligations of SAFEKEEPER, Bikesitters and Travelers in connection with the use of the application. They do not govern the contractual relationship between a Traveler and a Bikesitter. SAFEKEEPER acts as a technological intermediation platform and assumes no obligation with respect to the performance of the safekeeping services.
ABOUT US
We are SafeKeeper, the company C18T, a technology société par actions simplifiée (simplified joint-stock company) with a share capital of 1,000 euros, whose registered office is located at 254 rue Vendôme 69003 LYON, registered with the LYON Trade and Companies Register (Registre du Commerce et des Sociétés) under No. 942 464 892. You can contact us via our help page in the SafeKeeper mobile application.
DEFINITIONS
Words or expressions beginning with a capital letter and used in the body of these terms and conditions shall, where they are not defined upon their first occurrence, have the meaning set out below.
Definitions of terms or expressions in the singular shall generally apply, mutatis mutandis, to such terms or expressions when used in the plural, and vice versa.
The “SafeKeeper Community Charter” sets out the expectations for all Users (Bikesitters and Travelers) of the SafeKeeper mobile application. The latest version of the Community Charter, applicable to all Users, is available in our application.
“Bikesitters” are Users, whether natural or legal persons, independent of SAFEKEEPER, who offer vehicle safekeeping services through the SafeKeeper mobile application.
“Travelers” are Users of the SafeKeeper mobile application who seek to benefit from the safekeeping services offered by Keepers.
“SafeKeeper” means SafeKeeper or any of its subsidiaries or affiliated companies (“we” or “our”).
“SafeKeeper Trademark” means:
- the SafeKeeper trademark registered under No. 4961921 on 15 May 2023 for the following goods and services: “software design; computer systems design; software development; computer development; software creation (design); software installation; software as a service (SaaS); software maintenance; software updating; computer programming; technological research; electronic data storage; server hosting; cloud computing.”,
- and the figurative trademark filed with the INPI for classes 9 Software; 35 Matchmaking services; commercial intermediation services; 38 electronic messaging services; Electronic messaging; transmission of messages; 39 rental of parking spaces; Parking service for the management and monitoring of vehicles; Temporary safekeeping of personal belongings; Parking services in garages; 45 security services for the protection of property and individuals; Security services for the safekeeping of property; Surveillance services; Security services for the physical protection of tangible property;
The “Services Provided by SafeKeeper” means the services offered by SafeKeeper which are subject to these Terms. These services include, in particular, intermediation services between Keepers and Travelers.
“SafeKeeper Names, Marks or Works” means the company names, logos, product or service names, trademarks, service marks, trade dress, other proprietary signs or copyrights of SafeKeeper or of its licensor.
TERMS
1. Summary
1.1 These general terms and conditions govern your use of the SafeKeeper mobile application (the “Terms”). You must carefully read and accept these Terms before creating your customer account via the SafeKeeper mobile application, the creation of a customer account being a mandatory prerequisite for requesting the Services Provided by SafeKeeper. Your acceptance of these Terms establishes a contractual relationship between you and SafeKeeper. These Terms expressly supersede any prior agreements or arrangements entered into between you and SafeKeeper regarding the services of the SafeKeeper application.
1.2 These Terms apply to the extent that they do not conflict with the terms of use and additional terms that apply specifically to the SafeKeeper mobile application. You will be asked to accept such terms separately.
1.3 SAFEKEEPER reserves the right to amend these terms and conditions at any time.
In this respect, SAFEKEEPER will inform the User, by any means, at least 15 days before their entry into force. In the absence of any objection within this period, the amendments will be deemed to have been read and accepted. In the event of an objection or refusal, the Terms will be terminated immediately and the User must cease using the Application and the Services, subject to the full performance of the obligations in force.
1.4 SafeKeeper acts as a technological intermediation platform for the safekeeping Services offered by Keepers. SafeKeeper ensures, under the conditions set out in articles 3 and 14 hereof, the proper performance of said safekeeping services by the Bikesitters.
2. SafeKeeper Services
2.1 The services provided to you by SafeKeeper include:
2.1.1 Access to and use of the SafeKeeper mobile application in its entirety, which enables you to request and receive vehicle safekeeping services offered by Bikesitters; and
2.1.2 Payment collection and processing services (including the issuing of invoices and receipts) enabling us to invoice you and to pay the sums paid into the Bikesitters' bank accounts for the safekeeping services, either directly or through a payment platform dedicated to this purpose.
2.1.3. Where the User is a Bikesitter, they benefit from access reserved for Bikesitters, which enables them to benefit from all the features needed to offer their safekeeping services.
2.2 These Terms govern your use of the SafeKeeper Application Services in France.
2.3 Unless otherwise agreed in a separate written agreement, the SafeKeeper Application Services are made available to you solely for your personal use and not for commercial purposes.
2.4 You may request and receive safekeeping services via the SafeKeeper mobile application.
3. Bikesitter Services
3.1 SafeKeeper acts as a technological intermediation platform between the Traveler and the Bikesitters to enable the Bikesitters to provide safekeeping services. All Bikesitters are independent third-party individuals and are not employed by SafeKeeper. SafeKeeper does not under any circumstances provide the safekeeping services.
3.2 When logged in to the SafeKeeper application, the Traveler receives information about the safekeeping services available near them, before deciding to enter a specific address and submit a safekeeping request.
3.3 To the extent permitted by law and within the time limits set out below, Bikesitters are free to decide whether to accept or reject a safekeeping service request.
3.4 For certain specific services, you may be required to accept separate terms and conditions before using such safekeeping services.
3.5 You will be asked to rate the Bikesitter whose services you requested. The Bikesitter may also rate you. Other users will see this rating in the SafeKeeper application, and this rating may affect their decision as to whether or not to request the services of that Bikesitter. For more information about ratings, please consult our Community Charter.
4. Use of the App(s)/Website(s) Services
4.1 SafeKeeper's mobile applications and/or websites may be downloaded or accessed on most modern mobile devices with an internet connection and equipped with widely used operating systems such as Android or iOS.
4.2 It is your responsibility to obtain the network access necessary to use the App(s)/Website(s) Services, and all rates and charges of your mobile network provider are payable by you, including for data relating to the use of SafeKeeper's mobile applications and/or websites. It is also your responsibility to have access to the compatible devices and operating systems necessary to use the App(s)/Website(s) Services, including software or hardware updates.
4.3 In order to use the App(s)/Website(s) Services, you must register in SafeKeeper's mobile applications and/or on SafeKeeper's websites and create an account.
4.4 You are not obliged to log in to or use SafeKeeper's mobile applications and/or websites. If you choose to stop using SafeKeeper's mobile applications and/or websites, you may do so without informing us.
4.5 We may temporarily restrict your access to and use of the App(s)/Website(s) Services where there are serious indications of a breach of your obligations under these Terms, including where we receive a complaint relating to a fraudulent act, for the time necessary to verify the information relating to the alleged breach of said obligations, which shall not exceed three (3) months. SafeKeeper will inform you that a complaint is pending and, where applicable, that your access to and use of the App(s)/Website(s) Services are temporarily restricted – except where SafeKeeper is legally unable to provide you with this information (for example in the context of a police investigation or a judicial investigation). SafeKeeper will also inform you when these restrictions are lifted.
5. Registration and acceptance of the Terms
The User may create their Account and register on the Application during the booking process for an Order.
They must provide the information necessary to create their Account upon their first login, including in particular their surname, first name, email address, telephone number and bank details. In this context, they warrant that they have the authority and capacity to create the Account and use the Services, and that they are at least 18 years of age or of the legal age of majority in the country in which they are registering, if different from 18 years.
To use the App(s)/Website(s) Services and the Services Provided by SafeKeeper, the User must provide at least one valid means of payment (credit card, debit card or any other accepted means of payment) and deposit into their wallet a minimum amount set by SafeKeeper, namely at least €10, and hold the amount of the booking they wish to make.
The User may at any time, in the application under their profile, or by email at jaiunequestion@safekeeper.fr, request a refund of their wallet from SafeKeeper, which undertakes to issue a bank transfer in their favour within 15 days of the request, to the bank details provided by the User when creating their account.
The closure of the User's account, except where it has been initiated by SafeKeeper due to the User's fault (non-compliance with these terms and conditions, non-compliance with the charter, …), will result in the automatic refund of their wallet, without the User having to request it, within the same time limits and under the same conditions as set out above.
In accordance with article L223-2 of the French Consumer Code, the User is informed of their right to register on the opt-out list for telephone canvassing.
During the Account creation process, the User undertakes to read the Terms of Sale when expressing their consent to them by ticking the box “I accept the general terms and conditions of use”. The User is free to accept or refuse the Terms of Sale. By accepting these general terms and conditions, the User undertakes to comply with the Community Charter in its existing version and in all its future versions.
Upon acceptance and/or at the end of the booking process for an Order, the Customer receives an email confirming the creation of the Account.
The Account is strictly personal. It may not be rented or shared, unless expressly authorised by SafeKeeper. Once you have created an account: You may not register more than one account, unless otherwise agreed in writing by us, you may not authorise third parties to use your account, nor transfer your account to a third party, you must ensure that your account information is accurate, complete and up to date, you must not disclose your confidential login information, you must inform us immediately if you have reason to believe that someone else knows your username or password or if you suspect that someone else is using your account
Access to the Application is exclusively reserved for Users. Each Traveler understands and accepts that they are responsible for the access to and use of their account. Except in the event of a technical failure attributable to SAFEKEEPER or of force majeure, the Traveler is responsible for the confidentiality of their login data and undertakes to implement all measures likely to ensure the security and confidentiality of the login data.
If they have reason to believe that their login data (in particular their username or password) have been lost, stolen, misappropriated or compromised in any way whatsoever, or in the event of unauthorised use of their Account, the User must immediately notify SAFEKEEPER.
In such a situation, the Traveler authorises SAFEKEEPER to take all appropriate measures to prevent any further access to the Account.
The Traveler may delete their account at any time without prior notice to SAFEKEEPER.
6. Ordering process
To place an order and benefit from the services of Bikesitters, the Traveler must log in to their account.
They must then enter the address at which they wish to have their vehicle looked after.
The SafeKeeper Application will then offer them all the Bikesitters available at the desired times and the proposed rates; it is up to them to select the one that best meets their expectations.
The Traveler's choice is sent to the Bikesitter concerned, who has fifteen (15) minutes to accept the safekeeping service. At the end of this period, and without confirmation from the Bikesitter, SafeKeeper undertakes to notify the Traveler and to offer them other available Bikesitters.
The safekeeping service is booked with the Bikesitter when the Traveler receives a booking confirmation alert.
From this booking confirmation, the Traveler undertakes to drop off their vehicle with the Bikesitter within the agreed times.
The following rules are binding on the User:
| Who | What | How much? |
|---|---|---|
| The Traveler | Cancels up to 30 min before the start of the safekeeping period | €0 |
| The Traveler | Cancels within 5 min of their booking | €0 |
| The Traveler | Cancels within the 29 min before the start of their safekeeping period | service fees not refunded option fees: refunded in full safekeeping fees min €1 or 30% of the safekeeping amount |
| The Traveler | Arrives late at the start of the safekeeping period - | Nothing to report |
| The Traveler | Arrives late at the end of the safekeeping period - from 15 min | the cost of the safekeeping continues to run |
| The Traveler | Never comes to drop off their vehicle | Is deemed to have cancelled as in “Cancels within the 29 min before the start of their safekeeping period” |
| The Bikesitter | Is up to 15 min late before the start of the safekeeping period | Nothing to report |
| The Bikesitter | Is more than 15 min late before the start of the safekeeping period | Nothing to report (subject to change) |
| The Bikesitter | Is up to 5 min late after the end of the safekeeping period | Nothing to report |
| The Bikesitter | Is more than 5 min late after the end of the safekeeping period | Nothing to report (subject to change) |
| The Bikesitter | Cancels a safekeeping booking | Nothing to report for the time being - but internal rating and sanction for Bikesitters - banned - freeze |
SafeKeeper is not liable for the Keeper's inability to return the vehicle or for any damage that may be found on the vehicle.
However, the Traveler may, upon a reasoned and substantiated request, obtain the Bikesitter's contact details in order to hold the Bikesitter liable, on their own and if they consider it appropriate, for any fault committed in the course of their safekeeping assignment.
At the end of the service, the Traveler may rate the Bikesitter. Ratings are intended to be final and are only deleted exceptionally, following an express request from their author.
The Bikesitter also rates the Traveler.
7. Your obligations
7.1 When using the App(s)/Website(s) Services, the User must comply with all applicable legislation, these terms and conditions, and the Community Charter. The App(s)/Website(s) Services may only be used for lawful purposes and for the purposes for which they were designed, as set out in these Terms. SafeKeeper's mobile applications and/or websites must not be misused, nor used to commit a fraudulent act against us or against Third-Party Providers.
7.2 The User must provide accurate and complete information.
7.3 The User is responsible for the payment of all fees that may be due as a result of the provision of Services requested through your account, unless the access to and use of your account result from a case of force majeure, from the act of a third party, brought to SafeKeeper's attention without delay, having the characteristics of force majeure (for example: hacking, computer piracy), or from a breach by SafeKeeper of its security obligation. In the event of theft of a bank card or theft of banking information, you must immediately notify your bank in order to take the necessary steps.
7.4 In your use of the App(s)/Website(s) Services, you must not cause harm, nuisance or material damage, whether to Third-Party Providers, to SafeKeeper or to any other person.
8. Fees and payment
8.1 Fees relating to the SafeKeeper App Services
8.1.1 The use of the SafeKeeper application is free of charge. However, we reserve the right to introduce usage fees subject to your prior and express consent. If you do not agree, you will no longer be able to use the SafeKeeper application.
8.1.2 As a Traveler, you will be invoiced by SafeKeeper, or by any intermediary of its choice, for the safekeeping service for your vehicle. The price of this service will be displayed to you on the payment page before you confirm your booking.
8.1.3 SafeKeeper may offer additional features which may be charged for, subject to your prior and express consent. If you do not agree, you will not be able to access these specific features.
8.2 Fees relating to the Bikesitter Services
8.2.1 As a Traveler, you agree to pay the applicable fees for the safekeeping service provided by the Bikesitter.
8.2.2 The total amount of the fees relating to your safekeeping request will be calculated and displayed in the SafeKeeper application before you confirm your booking.
8.2.3 Additional fees may be charged to you by the Bikesitter under certain conditions, for example if your vehicle causes damage in the safekeeping area or if the collection times are not respected.
8.2.4 In the event that the agreed collection times are not respected by the Bikesitter, a refund policy will be applied under certain conditions.
8.2.5 If the safekeeping service cannot be provided due to your absence at the time the vehicle is to be handed over, the service fees may be charged to you, unless you demonstrate that the service could not be provided for another reason.
8.2.6 Once the safekeeping service has been provided, SafeKeeper, or any provider of its choice where applicable, may send you an invoice on behalf of the Bikesitter. The invoice will include VAT, where applicable.
8.3 General
8.3.1 For more information about safekeeping fees or additional fees, please consult the “help” section of the SafeKeeper application.
8.3.2 Fees may be changed in the SafeKeeper application and such changes will apply to you subject to your prior and express consent. Failing such consent, you will no longer be able to use SafeKeeper's services.
8.3.3 Unless otherwise agreed, all fees are due immediately after your booking and payment will be facilitated by SafeKeeper using the preferred means of payment linked to your account, after which SafeKeeper will send you a receipt by email. SafeKeeper currently uses Monetico-Retail to manage payments.
8.3.4 Fees are inclusive of all taxes, including VAT.
9. Licence
Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable and non-sublicensable licence to install and/or use the SafeKeeper mobile application on your device, for your sole use and solely to enable you to access the safekeeping services offered, to interact with Bikesitters, to manage your bookings and to use the information made available through the application. All rights not expressly granted herein are reserved by SafeKeeper and by SafeKeeper's licensors.
10. Intellectual property
We reserve all rights not expressly granted in these Terms. The SafeKeeper mobile application, its content, its data and all information collected through the SafeKeeper application (including all intellectual property rights in all of the foregoing) are and shall remain our property or the property of our licensors. You may not do (and may not allow anyone else to do) any of the following: (a) license, sublicense, copy, modify, distribute, create, sell, resell, assign or rent any part of the SafeKeeper mobile application; (b) reverse engineer or attempt to extract the source code of the SafeKeeper mobile application, except as permitted by law; (c) launch or cause to be launched any program or script for the purpose of scraping, indexing, surveying or extracting data from any part of the SafeKeeper mobile application or SafeKeeper's data; (d) use, display or manipulate any SafeKeeper Name, Mark or Work for any purpose other than the use of the SafeKeeper mobile application; (e) create or register (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that contain SafeKeeper Names, Marks or Works or any similar or confusingly similar mark, name, title or work; (f) use SafeKeeper Names, Marks or Works as your social media profile picture or background image; (g) purchase keywords (including Google AdWords) that contain SafeKeeper Names, Marks or Works; or (h) apply to register, reference, use, copy and/or claim ownership of SafeKeeper Names, Marks or Works or of any other similar or confusingly similar name, mark, title or work, in any manner whatsoever and for any purpose whatsoever, alone or in combination with other letters, punctuation, words, symbols, designs and/or other creative works, except as permitted by the limited licence granted above.
11. Personal data
We collect, use and disclose information from or about you as set out in our Privacy Notice. Additional privacy notices may apply, including those of third-party data controllers, for the services offered by SafeKeeper or third-party services.
SAFEKEEPER undertakes to collect and process all personal data in compliance with all regulations in force applicable to the processing of such data, and in particular amended Law No. 78-17 of 6 January 1978 and the European regulation on the protection of personal data.
SAFEKEEPER is authorised to process, on behalf of the Travelers, the personal data necessary to provide the detailed Services. It undertakes to take all appropriate precautions to preserve the security of the information and, in particular, to protect it against any accidental or unlawful destruction, accidental loss, alteration, dissemination or unauthorised access.
SAFEKEEPER undertakes not to use the personal data to which it has access for any purpose other than the purpose stated above.
The Service Provider undertakes to:
- Process the data solely for the sole purpose that is the subject of SAFEKEEPER's service;
- Guarantee the confidentiality of personal data;
- Ensure that the persons authorised to process the personal data undertake to respect confidentiality or are subject to an obligation of confidentiality;
- receive the necessary training in personal data protection;
- Take into account, with regard to its tools, products, applications or services, the principles of data protection by design and data protection by default;
- Notify the Traveler of any personal data breach. This notification is accompanied by any relevant documentation to enable the data controller, if necessary, to notify the competent supervisory authority of the breach;
- Assist the Traveler in responding to requests from data subjects to exercise their rights.
SAFEKEEPER guarantees that the processing of personal data for which it is responsible is carried out in accordance with the provisions of Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties. The purposes of the processing and transfer of personal data by SAFEKEEPER are the performance and monitoring of the assignment, customer relations and the computerised management of data.
You hereby consent to said processing and transfers, and may exercise your rights of access, rectification and objection by sending an email to the following address: dpo@safekeeper.fr
12. Your responsibilities
You are liable for any damage resulting from your breach of these Terms, your misuse of the SafeKeeper mobile application or your breach of any legal provision or of the rights of a third party. It is your responsibility to make and keep copies of the data available in your account that you need (e.g. invoices).
13. Disclaimer
The SafeKeeper mobile application may be subject to limitations, delays and/or other problems arising from the use of the internet and electronic communications provided by a third-party provider, from the unforeseeable and insurmountable act of a third party or from the occurrence of a case of force majeure. The SafeKeeper mobile application may be subject to interruptions for maintenance which may affect your use of the services and of which you will be informed where applicable.
14. Limitation of liability
14.1 No provision of these Terms limits or excludes liability for death or personal injury caused by negligence, or liability incurred for fraud or fraudulent misrepresentation, nor does it alter your rights as a consumer.
14.2 SafeKeeper shall not be liable for indirect damage, including: (i) loss of profits; (ii) loss of turnover; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of data or information and (vi) loss of goodwill.
14.3 SafeKeeper is not liable for delays or failures in the provision of services by Bikesitters and is not liable for failures of the Application resulting from a case of force majeure.
14.4 SafeKeeper undertakes vis-à-vis the consumer to ensure the proper performance of its services.
More specifically, it undertakes to make its services available to Travelers and to use its best efforts to ensure their accessibility and proper functioning.
In this respect, SAFEKEEPER undertakes that the Application will be accessible 24 hours a day, 7 days a week, except in the event of force majeure or the unforeseeable and insurmountable conduct of a third party, and subject to any breakdowns and maintenance and update operations necessary for the proper functioning of the Application and the provision of the Services.
SAFEKEEPER provides Travelers with a support service to answer questions and provide assistance in the event of difficulty.
In the event of a malfunction or anomaly disrupting the proper functioning of the Application, SAFEKEEPER undertakes to use its best efforts to restore the situation.
Users acknowledge and accept that SAFEKEEPER's liability is limited to its role as an online platform operator.
Under no circumstances shall SAFEKEEPER incur liability in respect of the safekeeping services since, in its capacity as an intermediary, SAFEKEEPER is not responsible for performing them.
Accordingly, the Bikesitter is bound to comply with the obligations arising from the provision of their services, and in particular the quality of the safekeeping (quality, suitability). The Traveler is reminded that, with regard to the safekeeping services, they enter into a contract directly with the Bikesitter.
14.5 SafeKeeper provides mediation between the Traveler and the Keeper for the proper performance of the safekeeping obligations.
15. Termination
15.1 As a SafeKeeper user, you are free to use our application at any time, and you may terminate your membership and close your account if you wish.
15.2 SafeKeeper may terminate the User's membership of and access to SafeKeeper if they fail to comply with their obligations set out in these terms and conditions. For compelling security reasons relating to the protection of our user community, in particular following a serious complaint communicated to us, we may terminate your membership of and access to SafeKeeper with immediate effect.
15.3 After receiving the notice of termination, you may contact us to submit your observations and complaints. If you can prove that the breach of your obligations is due to a case of force majeure or to a third party, we will restore your access to SafeKeeper.
15.4 SafeKeeper may terminate your membership or interrupt the services for a period not exceeding the time necessary to verify the information relating to the breaches, in the event of a breach of the law, of these general terms and conditions or of our community charter, by informing you in writing in advance within a reasonable period.
15.5 If we are unable to charge the means of payment you have provided to us for the fees you owe us, we will inform you immediately and we may suspend or remove your access to SafeKeeper until payment is made. Upon receipt of the information relating to the suspension or removal of your access to SafeKeeper, you may contact us in order to update your payment information or to submit your observations and justifications.
15.6 You must pay without delay all outstanding unpaid fees owed to SafeKeeper upon termination. These fees will be due notwithstanding the termination of your membership, and we reserve the right to pursue payment thereof after termination.
15.7 Any User who is harassed by, or witnesses, another User's failure to comply with these terms and conditions may report it directly from the conversation concerned via the “Report user” tab. The User will be asked to specify the reason for their report (offensive behaviour, suspicious/fraudulent behaviour, spammer and/or solicitor). SafeKeeper may suspend or terminate the membership of and access of the User who has been the subject of one or more reports. Any abuse in the use of this community moderation system will be considered a breach of these terms and conditions which may give rise to a suspension of access to the Application or to the definitive termination of the contract, as well as to legal proceedings and to compensation for the victims of such behaviour, without prejudice to any damages that may be claimed by the defaulting User.
The User also has the option of blocking any other User whose behaviour they consider inappropriate, from the conversation concerned via the “Block user” tab. In this respect, no communication of any kind whatsoever will be possible with the blocked User.
16. General
16.1 If any clause of these Terms is held to be void, the intention of the parties is that the remaining provisions of the general Terms shall remain in force. If you use the SafeKeeper application as a consumer, the validity and enforceability of the other clauses of these Terms will, in the event that a clause of these Terms is held to be void, be decided where applicable by the court that ruled on the nullity of said clause. Any invalid, illegal or unenforceable clause shall be deemed deleted.
16.2 We may assign, subcontract or transfer these Terms or any of our rights or obligations hereunder, in whole or in part, without your prior consent, provided that this does not result in a reduction of the rights you enjoy under these Terms or under the law. You may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, as your use of the SafeKeeper application is personal, unless otherwise agreed.
16.3 These Terms, together with any additional agreement relating to the provision of SafeKeeper services, constitute the entire agreement between us and you and supersede all previous agreements relating to your access to and use of the SafeKeeper application.
16.4 You may be asked to accept additional terms in order to access or use the SafeKeeper application. In the event of a conflict between these Terms and a separate agreement, the latter shall prevail, unless otherwise provided in the separate agreement.
16.5 No third party benefits from these Terms, except as provided for in these Terms.
17. Dispute resolution
17.1 SafeKeeper offers a customer service to answer your questions or requests relating to the use of the application. However, the safekeeping agreement is entered into directly between the Bikesitter and the Traveler. Consequently, any dispute concerning the safekeeping service will be settled directly between the Bikesitter and the Traveler.
17.2 SafeKeeper may offer users a mediation system for disputes relating to the use of the application or to these Terms, with a view to reaching an amicable resolution. In accordance with the French Consumer Code, for any contractual dispute relating to the use of SafeKeeper in France that could not be resolved through a complaint previously submitted to SafeKeeper's customer service, the User may have recourse, free of charge, to a mediation procedure by requesting referral to the Mediator at the address sos@safekeeper.fr. SafeKeeper does not undertake to use an online dispute resolution platform to resolve consumer disputes.
18. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with French law, excluding its conflict-of-laws rules. You may bring legal proceedings relating to SafeKeeper's services before a competent French court.
By agreeing to these Terms, you undertake to comply with them
SafeKeeper Community Charter
The Travelers' Commandments
Thou shalt be on time
Not too early, and not in “I'll be there in 15 min” mode (spoiler: it's always 30). The Bikesitter has a life too.
Thou shalt be cool and polite
A “hello” won't earn you any points, but it won't lose you any either. And that's already pretty good.
Thou shalt drop off the right steed
You booked for an e-scooter? Now is not the time to show up with a 30kg cargo bike. We see everything.
Thou shalt not multiply the bikes
One booking = one vehicle. No more. Even if “it doesn't take up much space”.
Thou shalt not claim the option thou didst not tick
No shelter option? No shelter. No charging option taken? No juice. This isn't a game with unlockables.
Thou shalt return at the agreed time
The Bikesitter looked after your ride, not your evening. No endless delays, thanks.
Thou shalt not ask for the moon
Bikesitters are nice, but they're not magicians. If it's not planned, it's not planned.
Thou shalt give warning if something goes wrong
Something came up? Send a message. Always better than leaving a Bikesitter in the dark.
Thou shalt report any issue with thy vehicle
A flat tyre? A temperamental bell? No problem, as long as you say so at drop-off. Transparency is the foundation.
Thou shalt leave a review
A quick word for your Bikesitter helps the community… and it's always appreciated.