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 referred to below and to any use of the SafeKeeper mobile application by Bikesitters, in addition to the general terms of use and sale (CGU/CGV) of the SafeKeeper application previously accepted by the Bikesitter in its capacity as a User.

Their purpose is to define the rights and obligations of Bikesitters 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 in respect of the performance of the safekeeping services.

ABOUT US

We are SafeKeeper, C18T, a technology simplified joint-stock company (société par actions simplifiée) with a share capital of €1,000, whose registered office is located at 254 rue Vendôme 69003 LYON and which is registered with the LYON Trade and Companies Register (Registre du Commerce et des Sociétés) under number 942 464 892. You can contact us through 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 shall, where they are not defined upon their first occurrence, have the meaning given below.

Definitions of terms or expressions in the singular generally apply, mutatis mutandis, to such terms or expressions when used in the plural, and vice versa.

“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 Bikesitters.

“SafeKeeper” means SafeKeeper or any of its subsidiaries or affiliated companies (“we” or “our”).

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 Bikesitters and Travelers.

TERMS

1. Becoming a Bikesitter

To become a Bikesitter, the User must have an Account and register on the SafeKeeper Application.

The User must provide the information required to create their Account upon their first login, including in particular their surname, first name, email address, telephone number, home address details and a valid means of payment. In this respect, the User warrants 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 register, if different from 18.

The User must then apply to become:

• an individual Bikesitter, and provide Safekeeper with the following:
  • Proof of address less than 3 months old corresponding to the proposed safekeeping location,
  • A valid identity document, which will be verified by the service provider DIDIT
• a professional Bikesitter, and provide Safekeeper with the following:
  • A SIRET number and a Company Name
  • A valid identity document, which will be verified by the service provider DIDIT
  • An undertaking to be an active business and to hold professional insurance appropriate to its activity

A Bikesitter acting as a legal entity or in a professional capacity declares that it carries on an activity in compliance with the regulations in force.

It is solely responsible for the organisation, management and security of the safekeeping space it offers via the Application.

SafeKeeper acts exclusively as a matchmaking platform and does not act as depositary of the vehicles entrusted.

SafeKeeper does not guarantee the existence or extent of any insurance coverage applicable to vehicles kept by a professional Bikesitter.

Safekeeper will review all of these items and will validate, at its discretion, the User’s application to become a Bikesitter. SafeKeeper undertakes to comply with the obligations imposed by the General Data Protection Regulation; accordingly, the validation of the User’s Bikesitter profile automatically entails the deletion of the requested documents, with the exception of the identity document, which will be retained by the service provider DIDIT.

When submitting their application, the User undertakes to read these special terms, and expresses their consent to them by ticking the box “I accept the special terms of use”. The User is free to accept or refuse said terms.

Upon acceptance, the Bikesitter receives an email confirming their Bikesitter status attached to their Account.

2. Service offer

The Bikesitter may at any time indicate in the application that they are available to offer their safekeeping services.

When an order is placed by a Traveler and the Bikesitter’s services are proposed, the Bikesitter will have fifteen (15) minutes to accept the safekeeping service in the application

Failing this, they will be deemed to have refused the service and another Bikesitter will be proposed to the Traveler concerned.

In the event of acceptance, the safekeeping service is booked with the Bikesitter, and the Traveler receives a notification confirming the booking.

From this booking confirmation, the Traveler undertakes to drop off their vehicle with the Bikesitter within the agreed times.

The following rules apply to the User:

Who	What	How much?
The Traveler	Cancels up to 30 min before the start of the safekeeping	€0
The Traveler	Cancels within 5 min of their booking	€0
The Traveler	Cancels within the 29 min before the start of their safekeeping	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 -	Nothing to report
The Traveler	Arrives late at the end of the safekeeping - from 15 min	the safekeeping cost continues to run
The Traveler	Never comes to drop off their vehicle	Is deemed to have cancelled as under ‘Cancels within the 29 min before the start of their safekeeping’
The Bikesitter	Is late by up to 15 min before the start of the safekeeping	Nothing to report
The Bikesitter	Is late by more than 15 min before the start of the safekeeping	Nothing to report (subject to change)
The Bikesitter	Is late by up to 5 min after the end of the safekeeping	Nothing to report
The Bikesitter	Is late by more than 5 min after the end of the safekeeping	Nothing to report (subject to change)
The Bikesitter	Cancels a safekeeping	Nothing to report for the time being - but internal rating and sanction for Bikesitters- banned - freeze

The Bikesitter is solely liable for any inability to return the vehicle and for any damage that may be found on the vehicle.

In this context, SafeKeeper reserves the right, upon a reasoned and substantiated request from the Traveler, to provide all of the Bikesitter’s contact details so that the Traveler may, alone and if they deem it appropriate, hold the Bikesitter liable for any fault committed in the course of their safekeeping assignment.

At the end of the service, the Bikesitter’s wallet will be credited with the safekeeping fees due to them according to the following breakdown:

Breakdown of the Price of safekeeping sessions

A 4-hour safekeeping session costs €4.55

The breakdown is as follows

Booking fee: €0.90

Safekeeping fee: €3.65

Bikesitter share (75%): €2.74

SafeKeeper share (25%): €0.91

In addition, 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.

3. Your obligations

The Bikesitter undertakes to:

• keep the vehicle in a secure place corresponding to a private area of which the Bikesitter has the use (apartment, house, cellar, balcony, garage, thus excluding shared bike storage rooms, even if locked, …), at the address agreed with the Traveler, which is the official address declared to Safekeeper,
• carry out and implement the options selected by the Traveler for the safekeeping (e.g. charging the vehicle)
• look after the vehicle with the care of a reasonably prudent person,
• not leave the vehicle in a hazardous place (near a flood-prone area, a space prone to fires, …)
• return the vehicle in the same condition as when received, and within the times agreed with the Traveler,
• provide any document that Safekeeper may request in order to maintain their Bikesitter status.

The Bikesitter remains solely responsible for compliance with the legal, regulatory and contractual obligations applicable to their activity, in particular when acting in a professional capacity.

4. Payment

Use of the SafeKeeper application is free of charge.

The Traveler is invoiced by SafeKeeper or by any intermediary of its choice for the agreed vehicle safekeeping service, at the rate displayed on the payment page. SafeKeeper undertakes to pay the Bikesitter the price of their service according to the breakdown set out above by crediting their User wallet, once the safekeeping service has been performed, that is to say once the “Return code” has been entered by the Bikesitter in the Application.

Any additional fees that may be charged to Travelers in the event of damage caused by the vehicle in the safekeeping space or if the collection times are not respected will also be credited to the Bikesitter under the same conditions.

5. Your liability

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).

6. Exclusion of liability

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 an event of force majeure. The SafeKeeper mobile application may be subject to interruptions for maintenance purposes which may affect your use of the services and of which you will be informed where applicable.

7. Limitation of liability

7.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence or liability for fraud or fraudulent misrepresentation, nor does it affect your rights as a consumer.

7.2 SafeKeeper shall not be liable for any indirect damage, including: (i) loss of profits; (ii) loss of revenue; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of data or information; and (vi) loss of goodwill.

7.3 SafeKeeper is not responsible for delays or failures in the provision of services by Keepers and is not responsible for failures of the Application resulting from an event of force majeure.

7.4 SafeKeeper provides mediation between the Traveler and the Bikesitter for the proper performance of the safekeeping obligations.

8. Termination

8.1 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, which will automatically result in the removal of your Bikesitter status.

8.2 SafeKeeper may suspend or remove your Bikesitter status at any time if you fail to comply with your obligations set out in these terms as a Bikesitter or your obligations set out in the general terms and conditions as a User. For compelling safety reasons relating to the protection of our user community, in particular following a serious complaint brought to our attention, we may terminate your membership and your access to SafeKeeper with immediate effect.

8.3 After suspension or removal of your Bikesitter status or after receipt of the notice of termination of your User Account, you may contact us to submit your observations and complaints. If you can prove that the breach of your obligations is due to an event of force majeure or to a third party, we will restore your access to SafeKeeper.

8.4 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 violation 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.

8.5 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 submit your observations and justifications.

8.6 You must pay without delay all outstanding unpaid fees owed to SafeKeeper upon termination. These fees will remain due notwithstanding the termination of your membership, and we reserve the right to pursue payment thereof after termination.

9. General

9.1 If any clause of these Special Terms is held to be null and void, it is the intention of the parties that the remaining provisions of the Special 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 shall, in the event that a clause of these Terms is held to be null and void, be determined where applicable by the court that ruled on the nullity of said clause. Any invalid, illegal or unenforceable clause shall be deemed deleted.

9.2 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.

9.3 These Terms supplement the general terms and conditions of sale of Safekeeper and together constitute the entire agreement between us and you.

9.4 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 stipulated in the separate agreement.

9.5 No third party shall benefit from these Terms, except in the cases provided for by these Terms.

10. Dispute resolution

10.1 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 shall be settled directly between the Bikesitter and the Traveler.

10.2 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 which could not be resolved through a complaint previously submitted to SafeKeeper’s customer service, the User may have recourse to a mediation procedure free of charge 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.

11. Governing law and competent 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 Special Terms, you undertake to comply with them.