LEGAL NOTICES AND GENERAL TERMS AND CONDITIONS OF USE

FOR THE MYDS APPLICATION (‘App Licence’)

 

 

 

MYDS APP APPLICATION TERMS AND CONDITIONS OF USE

 

 

 

 

 

1 – LEGAL NOTICES

The MyDS App application (the “Application”) is published by Automobiles Citroën (the “Manufacturer”), a limited company registered at the Nanterre Trade and Companies Register under number 642 050 199 and whose headquarters are located at 7 Rue Henri Sainte-Claire Déville, 92500 Rueil-Malmaison.

 

Publishing Director: Anne Fenninger

Head of the Application: Anne Fenninger

Downloading platform: Google Play and App Store

 

2 – Terms and conditions of use

1° PREAMBLE

 

The Application is a free mobile application, compatible with iOS 8 or higher and Android 4.1 or higher, designed for the Users’ personal information.

 Access to and use of the Application are subject to the terms and conditions of use detailed below (the “Terms and Conditions of Use”) as well as all applicable laws and/or regulations. By connecting and accessing the Application, the User accepts the Terms and Conditions of Use.

 

2° ACCESS TO THE APPLICATION

 

The Application is accessible to individuals over the age of 18 (hereinafter referred to as “User(s)”), using a vehicle or not.

To use the Application, the User must have a compatible smartphone equipped with iOS 8 or higher or Android 4.1 or higher (the “Smartphone”).

 

 

If the User uses the Application while using a vehicle, the vehicle must be a DS vehicle, suitably equipped with a compatible touchscreen (the “Vehicle”).

 

 

The Application can only be used if the User expressly accepts, when launching the Application for the first time, that the latest GPS position of the Vehicle be transferred to the applications installed on the Smartphone.

 

In order to make the most of the Application’s features, the User must create a personal account by completing the following mandatory fields: Title, First Name, Surname, Email and Password.

 

However, if the User has already opened an account on the MyDS Website, the User shall not be required to open a new account for the Application. The User will be able to log into the Application using the same credentials as the ones used to log into the MyDS Website.

 

If the User owns a Vehicle, the User can add to their personal account one or several vehicles using the corresponding VIN number (Vehicle Identification Number).

 

Subject to the eligibility of the Vehicles associated to their account, the User can pair their Smartphone to their registered Vehicle and enjoy the data collection features from the Vehicle to the Application.

 

Once their account has been activated, the User can access the Application’s content.

 

The User can, at any time from the user menu, unsubscribe from the MyDS account. Unsubscribing leads to the deletion of the data stored in the Application. The contracts that the User has subscribed to, as well as the associated data, shall remain active.

 

In order to guarantee the features’ operation, the User shall ensure before starting the Vehicle that the Smartphone’s Bluetooth mode is enabled.

 

3 ° INFORMATION RELATING TO THE APPLICATION’S CONTENT

 

The Application transfers information from the Vehicle to the User’s Smartphone so as to offer the following features:

 

3.1    For Smartphones compatible with iOS 8 or higher and Android 4.1 or higher:

 

 

Transferring the abovementioned data requires pairing the User’s Smartphone, via Bluetooth, to the Vehicle.

 

 

The “Vehicle Position” feature can only operate if the Application is installed and launched, and if the Smartphone is connected in Bluetooth mode. Furthermore, this feature is only available if the Vehicle is equipped with a navigation touchscreen.

 

For vehicles not equipped with a touchscreen, the User can manually save the GPS position derived from their Smartphone in order to save the Vehicle’s position at end of the journey. To this end, the User must press the “Record my Position” feature of the Application.

 

 

 

The “Finish my Journey” feature can only operate if the Application is installed, launched and if the Smartphone is connected in Bluetooth mode. Furthermore, this feature is only available if the Vehicle is equipped with a navigation touchscreen.

 

 

These alerts are for information purposes only. They do not exempt the User from:

 

 

 

 

Furthermore, the User can, using the dealership’s contact form, send the dealership’s GPS coordinates to their Smartphone’s navigation application or call the dealership if the phone number is available.

 

The User can also filter their search results depending on the services offered by the dealership.

 

The User can also leave a comment and read the reviews and comments left by the dealership’s customers (refer to the terms on the DS Advisor Website - https://ds-customer-review.dsautomobiles.co.uk/vehicle/step-1).

 

 

Assistance provider: By clicking on the Application’s “Contact and Assistance” button, the User can trigger a call to the Manufacturer’s appointed roadside assistance provider’s number, if the User is eligible and/or has subscribed.

 

Brand contact:

By clicking on the "Contact & Assistance" button from the Home tab, the User can navigate to the "Contact the brand" section to call customer service or submit an online request concerning any questions related to the brand.

 

 

 

 

 

 

 

If the User has a connected service with GPS comprising navigation, the details of the journey shall also contain the start and end location, as well as a map with the points of departure and arrival. The User can classify their journeys (work, pleasure, etc.). The User can create and add categories, enable or disable them and assign them for each journey. The User can view their journeys in a list and can filter them by date range. The User can view on the map the route between point A and point B at the end of their journey.

 

 A notification is sent to the User each time a new journey, sent from the Vehicle connected in Bluetooth mode, appears in the Application, enabling them to confirm the transfer of driving data to the Application.

 

The table in the “Driving” tab allows the User to view the duration, distance, average consumption and cost of fuel (if supplied by the User) depending on all the selected journeys (per period and category). The User can view on the map the route between point A and point B at the end of their journey.

 

 

Journey data can sometimes be transferred by error when using Bluetooth connectivity. These journeys are displayed for information purposes only in the list of User journeys but they are not taken into account when calculating the statistics.

 

 

 

 

 

 

 

 

 

 

 

 

Bluetooth Services: By clicking on the Application’s “Bluetooth Services” button, the User eligible to the Bluetooth service can view the Application’s features to which they will have access by enabling the Bluetooth services (journeys, alerts, etc.).

 

 

 

Commercial notifications: The User may, at the time of installing the MyDS App, elect to receive notifications promoting products and services which the Manufacturer believe may be of interest to the User. The User may then enable or disable promotional notifications through the Application’s settings in their profile at any time.

 

 

The Users can select their county in order to benefit from a more personalised experience.

 

 

 

3.2          For Androïd 4.1 Smartphones or higher version:

 

Some of these applications are technically compatible with the Mirror Screen feature (1). If the User wishes to download them, they must click on the application’s icon in order to be redirected to Google Play and download the application.

 

 (1) The “Mirror Screen” feature is available as standard or as an option depending on the Vehicle specification. The “Mirror Screen” feature enables the User to display on the Vehicle’s touchscreen some of the Smartphone’s applications, providing the Smartphone is compatible. Only MirrorLink™ certified applications will work (when the vehicle is stopped or moving, as the case may be). However, when driving, some of the features of the applications in question will be restricted. Certain types of content, accessible free of change on the Smartphone, require a paying subscription to a MirrorLink™ certified application. The Mirror Screen feature operates through the MirrorLink™ technology for telephones with Androïd, MirrorLink™ compatible, subject to the subscription of a telephone contract with Internet access with a provider. The Manufacturer is not liable for the Smartphone’s content, functionality or the software used in the “Mirror Screen” feature.

4 ° INTELLECTUAL PROPERTY RIGHTS

 

The Application is designed for consumer Users who are individuals. No commercial use of any kind of the data contained in the Application may be made without the Manufacturer’s prior written consent.

 

The Manufacturer and its suppliers remain the sole owners of all the intellectual rights relating to the Application.

 

The Manufacturer advises the Users that many of the Application’s elements:

are protected by the copyright legislation: this includes photos, articles, drawings, animated images, digital audio or video recordings;

and/or are protected by the legislation on illustrations and models;

are protected by trademark legislation: this includes the “DS Automobiles” brands, the brand comprising the “DS” logo as well as the brands partners of the Manufacturer or content suppliers.

 

The elements thus protected are the property of the Manufacturer, its subsidiaries and/or third parties authorised by the Manufacturer to operate them. Consequently, any reproduction, representation, use, adaptation, modification, incorporation, translation, marketing, partial or in full, by any process, in any form or by any means and on any medium whatsoever of all or part of the Application is prohibited without the Manufacturer’s prior written consent, subject to the exceptions provided under applicable law.

 

5° PERSONAL DATA

 

The collection and processing of personal data is governed by the terms of the Privacy Statement, which can be accessed via the following link - www.dsautomobiles.co.uk/privacy.

 

6° SAFETY

 

For safety reasons, it is recommended to use the Application when the Vehicle is stationary.

 

Information is collected when the Vehicle’s ignition is turned off.

 

The User agrees not to undertake actions likely to lead to viruses and computer or functional breakdowns or any other failure that could affect the operation of the Application or any server or any service accessible through the Application.

 

The use by the User of the Application and of any server or service accessible through the Application must conform to current legislations and regulations and must respect third party rights and shall not prejudice the Manufacturer's image, in any way or in any form whatsoever.

 

7° LIABILITY

 

The Manufacturer and its subsidiaries cannot be held liable for any direct or indirect damages, including material loss, loss of data or program, financial loss, resulting from the use of the Application or other applications installed on the User’s Smartphone.

 

The User is responsible for the use of the Application and shall assume full responsibility for the potential infringement of third party rights such as, but not limited to, any violation of freedom or privacy which may result from the use of the Application by the User or other users of the Vehicle.

 

The Manufacturer shall not be held liable in the event of use contrary to current laws, improper use or fraudulent use by the User or any third party of the Application or the information received through the Application.

 

Likewise, the Manufacturer shall not be held liable in the event of a disruption of the communication networks that provide access to the Application, of total or partial unavailability of the Application resulting from the telecommunications operator, in the event of a transmission error or problems relating to the security of transmissions, in the event failure of the User’s Smartphone or telephone line.

 

The Manufacturer does not exclude or limit in any way its liability to the User where it would be unlawful to do so. Consequently, the Manufacturer does not exclude or limit liability for: death or personal injury caused by its negligence or the negligence of its employees, agents or subcontractors; fraud or fraudulent misrepresentation; or breach of the User’s legal rights in relation to the Application where such liability cannot be lawfully excluded or limited.

 

8° SUSPENSION OR INTERRUPTION OF ACCESS TO THE APPLICATION

 

The Manufacturer can suspend, at any time, temporarily or not, the User’s access to the Application in the event of: breach of the Terms and Conditions of Use by the User, without prejudice of any other rights and actions of the Manufacturer for technical problems relating to the infrastructure implemented for the Application’s operation or maintenance.

 

9° UPDATE OF THE TERMS AND CONDITIONS OF USE

 

The Manufacturer reserves the right to modify and/or update this Terms and Conditions of Use and can offer updates for the Application.

 

Access to updates may potentially be subject to the express acceptance of a new version of the Terms and Conditions of Use.

 

10° APPLICABLE LAW

 

These Terms and Conditions of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England. Each party agrees that the courts of England shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation. If the User lives in Scotland, then the User can bring legal proceedings in respect of the Application in the Scottish courts. If the User lives in Northern Ireland, the User can bring legal proceedings in respect of the Application in the Northern Irish courts.

 

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without the User having to go to court. If the User is not happy with the way the Manufacturer has handled any complaint, the User may want to contact the alternative dispute resolution providers the Manufacturer uses.

 

The User can refer a dispute to Motor Codes Limited (“Motor Codes”). Further details can be found at www.themotorombudsman.org or alternatively the User may wish to contact their advice line on 0843 910 9000.  Where the dispute relates to any financial services, then the User can refer it to the Financial Ombudsman Service (“FOS”).  Further details can be found at www.financial-ombudsman.org.uk or if the User prefers to speak to someone they can call 0300 123 9123 or 0800 023 4567.  Neither Motor Codes nor the FOS will charge the User for referring a dispute (although the User may pay an additional amount for any call to them) and if the User is not satisfied with the outcome the User can still bring legal proceedings.