LEGAL NOTICES AND GENERAL TERMS AND CONDITIONS OF USE

FOR THE MYDS APPLICATION (‘App Licence’)

 

App Licence Version: 20 September 2016

 

 

  1. IMPORTANT LEGAL NOTICE
      1. The MyDS application (we refer to the application in the App Licence as the ‘Application’) is owned and published by us, Automobiles CITROËN, a public limited company registered at the Paris Trade and Companies Register under number 642 050 199, and whose head office is located at 6, rue Fructidor, 75017 Paris.
      2. The Application is available to download from Google Play and Apple’s App Store. If you start downloading this Application, then you agree that once the Application has downloaded, you will not have a right to change your mind to cancel the contract. However, as mentioned in Section 11 below, you may stop using the Application and end your contract with us at any time.
      3. We agree to make the Application available to you, provided that you accept these terms and conditions (we refer to such terms and conditions in the App Licence as the ‘App Licence’).

  1. Contact
    1. If you need to contact us, then we request that you use one of the following contact methods:
      1. Telephone our customer service team on this number: 0800 877 8455
      2. Contact our customer service team at this website address: http://dsautomobiles-uk-en.custhelp.com/
      3. Write to our group company’s UK office at the following address: Pinley House, 2 Sunbeam Way, Coventry, CV3 1ND although you may of course contact us at our address in France, shown in Section 1.1 above, if you wish.
    2. If we need to contact you, then we will do so using the contact details which you provide to us.
  1. charges
    1. We make the Application available to you free of charge. However, please note, that you may incur your mobile service provider’s charges for using mobile data, SMS or voice services whilst you are using the Application’s functionality.
    2. Please note that the Application will use mobile data (for example, for anything involving any form of location services, GPS, email, or transferring information) and SMS or mobile telephone services in order to use the Application’s features. Consequently, such use may consume data from your data, SMS and telephone allowance package; or where you have used up all of your package, or you do not have an inclusive pre-paid allowance from your mobile service provider, then such use of the Application will incur charges with your mobile service provider. Therefore, you may be billed for additional fees by your mobile service provider, and you must therefore check with your mobile service provider as to its charging structure for such use of mobile services. Clearly, your mobile service provider is a third party and separate from us, so we have no responsibility for the charges which your mobile service provider charges you. If, in relation to this Application, you do not wish to use your mobile service provider package or incur charges with your mobile service provider, then you must not use this Application.
  1. Use of The Application
    1. The Application is made available to you for your personal use as a consumer only, so it may not be used for business purposes. It is therefore intended for leisure purposes only, and not for formal record keeping or logging purposes, as there is always the risk of data loss or data corruption, so we do not provide any assurance that any data which you record with the Application will be available at all times.
    2. You must be at least 18 years of age to use the Application.
    3. You may only use the Application in the United Kingdom.
    4. You must also only use the Application and associated functionality with regard to your own journeys and your own vehicles.
    5. The functionality provided by the Application is for general guidance and information only, as the information will seek to provide an estimated rather than accurate representation, in view of the nature of the software and its free nature. We are therefore, not making available this free Application for you to use as the sole basis for making any decisions, nor are we making it available for you to use to decide whether to perform any particular actions or not. You must clearly use your own judgement and discretion in interpreting any results from the Application in view of these constraints.
    6. You will see certain references to third parties’ applications, services, links and content in this App Licence. We clearly are not responsible for third parties’ applications, services, links and content. You must therefore, read the documentation and terms of use for such third parties’ applications services and content, and check that such third parties and their applications, services and content are appropriate for your use, as we do not provide any assurances or recommendations in respect of third parties or their applications or services or content, as they are independent to us.
  1. ACCESSing THE APPLICATION & compatibility
      1. The Application is compatible with iOS 8 or later versions and Android 4 or later versions (although it is important for you to understand, that if the iOS or Android systems are updated after the date that you accept this App Licence, then we cannot assure you of ongoing compatibility unless or until we have checked the position, and where necessary decided to update the Application if we decide to make the Application compatible with such further updated mobile operating systems).
      2. To use the Application, you must have a compatible smartphone using iOS 8 (or later versions) or Android 4 (or later versions) (we refer to such a smartphone in the App Licence as the ‘Smartphone’).
      3. If you use the Application without the use of a vehicle, you will have limited access to the content of the Application and only some of the features described below will be accessible (such as access to your profile, to network offers, to the Brand’s universe and to the search for the nearest dealership).
      4. If you use the Application with the use of a vehicle, this vehicle must be a technologically eligible vehicle of the DS Brand, fitted where necessary with a compatible touch screen (we refer to such a compatible vehicle in the App Licence as the‘Vehicle’). Please therefore note, that such interaction between your Smartphone and your Vehicle for the purposes of the Application, will only work if you have a vehicle which is manufactured by DS Automobiles and which is shown on our website at www.dsautomobiles.co.uk as compatible with the Application. Therefore, references in the App Licence to any functionality (where such functionality requires interaction between your vehicle and the Application), is meaning one of these compatible vehicles only.

    1. To make the most of the Application's features, you must first create a personal account by completing the following mandatory fields: title, surname, first name, email address, password. However, if you have already created an account on the DS Brand’s website, you will not need to create a new account on the Application, but you will need to still agree to the terms of the App Licence. You may connect to the Application using the same user ID and password as those used to connect to the DS Brand’s website. Please see Section 8 below regarding the use of your personal data.
    2. If you own a Vehicle, you can add one or more Vehicles to your personal account, using their VIN (vehicle identification number).
    3. Once you have activated your account, you can access the Application’s content.
    4. To allow certain features to work, before starting the Vehicle, you must ensure that the Bluetooth mode of your Smartphone is activated.
    5. Outside of Bluetooth mode, the Application may also work with the Connect Pack service if you have taken out a contract for such service.
    6. To benefit from the Connect Pack service, you must own a Vehicle which is eligible for the Connect Pack service and first go to a dealership to take out a contract and obtain a security code (we refer to such a security code in the App Licence as the ‘secure code’). You must enter this secure code in the Application, in order to send the Vehicle information directly to the Application, when the Connect Pack service is activated.
    7. If you have the Connect Pack service, you do not need to activate your Bluetooth to send your driving information.
    8. If you use the Application with a Vehicle which does not have a Bluetooth connection and if you have not taken out a Connect Pack service subscription, then you will have limited access to the content of the Application and only some of the features described below will be accessible (such as access to your profile, to network offers, to the Brand’s universe, to the search for the nearest dealership, to the servicing of your vehicle and to the vehicle position function, to the vehicle’s documentation and to see which vehicle maintenance service contracts you have taken out with us).
  1. APPLICATION functionality & Further compatibility information

    1. Please note that information is also sent from the Vehicle to the Application when the Vehicle’s ignition is switched off.
    2. The Application offers the following features for Smartphones compatible with iOS 8 or later versions and Android 4 or later versions:
      1. Multi-vehicle management: you can view information (mileage, range, next Vehicle servicing due, last-known GPS position and/or address of the driver’s final destination (where the Vehicle is equipped with a Bluetooth navigation system or via the Connect Pack service if you have previously subscribed to this service)), from the different Vehicles registered in your account. You are able to also delete a Vehicle from your account.

The sending of the aforementioned data requires the pairing of your Smartphone, in Bluetooth mode, to the Vehicle or via the Connect Pack service if you have previously subscribed to this service.

      1. Vehicle location: the most recent GPS coordinates of the Vehicle as well as the date and time at which the vehicle location was retrieved are sent to the Smartphone when you turn off the Vehicle ignition, provided that the Smartphone's Bluetooth and location services functions are activated. If you wish to use the 'vehicle location' feature, the GPS coordinates of your Vehicle will be sent to the navigation application installed on your Smartphone, to assist you in finding, in pedestrian mode, the approximate location where your Vehicle is located at the time of using the feature. If you have subscribed to a Connect Pack service, the location of the Vehicle is automatically updated if this latter refreshes its data.

The 'vehicle location' feature will only work if the Application is installed and initialised, and if the Smartphone is connected with location services active in Bluetooth mode or via the Connect Pack service if you have previously taken out a contract for the Connect Pack.

For vehicles not equipped with a touch screen, you can save the GPS position given by your Smartphone, in order to save the location of your vehicle at the end of your journey. To do this, you must use the 'Set my current location’ in the Application.

      1. Share my location: you are able to share your Smartphone's GPS coordinates by clicking on the Application's 'Share my location' tab. The Application will then suggest selecting which application on the Smartphone you wish to share your GPS coordinates with. You will then have the choice of sending them by SMS, email or by a message sent via the social network mobile application installed on your Smartphone.
      2. End journey on foot: the GPS coordinates of your final destination entered in the Vehicle's navigation system are sent to the Smartphone at the point when you turn off the ignition, provided that your Smartphone's Bluetooth function is activated and location services are active. If you wish to use the ‘End journey on foot’ feature, the GPS coordinates of your final destination will be transmitted to the navigation application installed on your Smartphone as chosen by you, thus assisting you with getting there on foot.

The ‘End journey on foot’ feature only works if the Application is installed and initialised, and if the Smartphone is connected in Bluetooth mode with location services active. Moreover, this feature is only available if the Vehicle is equipped with a touch screen.

      1. Vehicle alerts: if anomalies are detected on a limited number of the Vehicle components, an alert will be triggered on the Application once the journey is completed. This relates to alerts linked to the use and/or servicing of the Vehicle (for example, the condition of units, fluid levels, mileage).

These alerts are provided purely for general information and guidance, as comprehensive diagnostics are not undertaken by the Application. Consequently, please note that this does not act as a substitute for you:

        1. complying with the instructions in the Vehicle servicing booklet;
        2. paying attention to the mileage appearing on the Vehicle's odometer;
        3. noting the passage of time and addressing any maintenance activities which would be associated with this;
        4. paying attention to the alerts appearing on the Vehicle dashboard, the levels of fluids, the state of the Vehicle and any other indication of a fault or technical problem, and drawing the appropriate conclusions and in particular having any necessary technical repair operations carried out.
      1. Find the nearest dealership: you can search for the coordinates of the nearest dealership in relation to your Smartphone's GPS position. To do this, the Smartphone's GPS position is sent to the Application. You should then see the dealerships around you on a map and can save one as a 'Favourite dealership'. You can also search for the coordinates of your dealership by entering an address via the address search bar. Moreover, you can, using the dealership’s contact card, send the GPS coordinates of the dealership to a navigation application on your Smartphone or call the dealership if the telephone number is available.
      2. Assistance platform: by clicking on the Application's 'Call Centre' button, you can make a call to 00800 24 24 07 07, the DS Assistance platform. DS Assistance is the total support package for you and your DS. We understand that no two emergencies are the same so DS Assistance will tailor a response to your requirements. Whether it’s a road accident, technical trouble or something as common as a flat tyre, we’ve got it covered. Our experts have been trained to assess your situation accurately then respond rapidly to guarantee you have a safe and hassle-free onward journey. DS Assistance is available to all new DS vehicles for a period of 36 months from the date of first registration. In order to determine the nature and extent of such services, please see the other terms and conditions on http://www.dsautomobiles.co.uk/ds-services/ds-assistance which relate to such services.
      3. Making an appointment: by clicking on the Application’s 'Make an appointment ' button, you will be redirected to an online booking platform which allows you to make an appointment with a dealership.
      4. Servicing: by clicking on the Application’s 'Maintenance' tab, you are able to obtain an indicative estimation (date and mileage) of the Vehicle’s technical servicing operations carried out or to be carried out, as of the date of consultation and depending on the following factors: DS manufacturer’s warranty start date and Vehicle mileage. The detail of the operations to be carried out for each service is given for general information and guidance only. It is based on the recommended servicing of your Vehicle. You will also be able to declare one or more services as carried out by indicating a mileage and a date. You may also enter the cost relating to a declared service and leave a comment on the level of service provided by the dealership. You agree that by doing so, you will act honestly and accurately and not provide any false, misleading, defamatory or offensive comments or submissions.

Depending on the elements that are thereby declared, a new estimate for services (not declared) will be calculated. Finally, you may, at any time, modify (date and mileage) or cancel your service declaration.

      1. Driving: the 'Driving' tab appears if the Vehicle is eligible for connected services and allows information on journeys made by you to be sent by Bluetooth or by the mobile network. The journeys made include a date with the times of departure and arrival, the duration of the journey, the fuel consumption (miles per gallon), the distance travelled, the average speed, the vehicle’s mileage and the cost if the price of fuel is entered by you. The 'Driving' tab page displays the duration, the distance, the average fuel consumption and the fuel cost (if entered by you) according to the selected journeys (per period). You can view your driving information on a graph according to the period selected.

If you have a connected service with GPS including navigation, the detail of the journey will be added to the departure and arrival addresses, as well as the map with the departure and arrival points. You are able to categorise your completed journeys. You can create and add categories, activate or deactivate them and allocate them to journeys. You can view your journeys in a list and can filter them by period or choose a period. If you have subscribed to the Connect Pack Mapping or Tracking service, at the end of your journey you can view its route between point A and point B.

All information provided is an indicative estimate for general information only, and must not be relied upon for any decision making purposes.

      1. Management of journeys: by clicking on the 'Driving' button in the Application, you can view your driving information on another smartphone by exporting the information to another compatible smartphone with the MyDS application installed.
      2. Exporting journeys: by clicking on the 'Export your journeys' button in the Application, you can export your driving information and open it in a compatible application or software program in the format.csv in order to view your information.
      3. Brand universe: by clicking on the ‘World DS’ button in the Application, you can access information about the DS Brand (press and other articles). If you wish to consider further articles, you can be redirected to an external third party site to see the full article.
      4. My account: by clicking on the 'My account' button in the Application, you can access and modify your account information (surname, first name, email address, telephone number, address).
      5. Offers: by clicking on the 'My offers' button in the Application, you can access offers from the DS Brand and the DS network.
      6. Service contract: by clicking in the 'Vehicle' tab, you can see the maintenance service contracts which you have taken out. You can also access the detail of your contract as well as its start and end dates.
      7. Vehicle documentation: by clicking on the 'Vehicle documentation' button in the Application, you can access the documentation relating to your Vehicle by opening or downloading the third party application 'Scan MyDS' if your Vehicle is eligible and compatible with such application.
      8. Connected services: by clicking on the 'Connected services' button of the Application, with an eligible Bluetooth service, you will be able to view the features of the Application which you will have access to by activating the Bluetooth services (journeys, alerts, etc.).

If you are eligible for the Connect Pack service, you will have access to a presentation of the services associated with Connect Pack, namely the Monitoring, Mapping and Tracking services. The Application will also allow you to access the DS online shop and to find out about how to subscribe to the Connect Pack service, on the condition of having previously entered your secure code. You can also enter your secure code in order to view the details of your connected services contract (contract start and contract end date and Vehicle information) if you have taken out such a contract.

      1. Notifications: Some features of the Application may trigger notifications. Therefore, the detection of a technical service of the Vehicle to be carried out in under 30 days triggers a 'service to be carried out in under 30 days' notification. In the case of a recent Vehicle, a notification will be sent to the application user to update the Maintenance section. In the same way, a gauge detecting a low level of fuel in the Vehicle triggers a 'low fuel level' notification. Finally, a 'fuel price update' notification provides an indicative estimated cost of your fuel per litre in order to help with monitoring your expenditure. The user will be able to activate or deactivate notifications in the Settings of the Application.Choice of country/language: The user will be offered a list of choices of languages that are available for the application and the language detected from the settings of the user’s smartphone will not allow the application to choose a language by default.
      2. Choice of units: the user will be able to change the units of distance, cost and consumption in the application settings.

Please note that these notifications are not a substitute for you taking out the same types of actions as described in Sections 6.3.5.1 to 6.3.5.4 above (inclusive).

  1. INTELLECTUAL PROPERTY RIGHTS
    1. The Application is only for providing personal information to consumers. No commercial use of data presented within it, even partial, is allowed by you.
    2. We and our suppliers retain sole ownership of all intellectual property rights relating to the Application.
    3. So that you are aware, numerous elements of the Application:
      1. are protected by copyright laws - this may include: code, photographs, articles, designs, animated sequences, digital audio or video recordings, etc.;
      2. are protected by laws concerning designs and models; and
      3. are protected by trademark laws - these include: the 'DS' trademarks, the semi-figurative 'PSA PEUGEOT CITROËN' trademark, as well as the trademarks of our partners or the suppliers of content.

The elements protected in this way belong to us, our subsidiaries and/or third parties who have authorised us to use them. Consequently, other than normal use as envisaged by this App Licence (and any use or operations mandated by law): any reproduction, representation, adaptation, modification, incorporation, translation or marketing, in part or in full, by means of any process, in any form and on whatever medium (paper, digital, etc.), of all or part of the Application, is prohibited.

    1. If you wish to undertake any other lawful use which you believe is not referenced in this App Licence, then please consult us beforehand to check that such use is expressly permitted, to avoid the risk of you incurring liability to us for a potentially prohibited use.
  1. PERSONAL DATA
    1. In order to offer the features described in the App Licence, the Vehicle collects and transmits to the Application various information on the Vehicle and its use - including: alerts relating to the use and/or servicing of the Vehicle as described above, the latest time stamped GPS position of the Vehicle as well as the GPS position of your final destination as indicated in your on-board navigation system, and the journey end date. By accepting the App Licence, you agree that this data may be collected and transmitted to the Application.
    2. The aforementioned data transmitted by the Application (and any other information which you provide to us) may be used by us and our UK and French group companies, for the purposes of sending commercial offers, surveys and analysis. However, we will only use your personal data for marketing purposes where you have consented to such use.
    3. You may opt out of our use of your personal data for marketing purposes at any time, by writing to us or emailing us, using the contact details shown in Section 2 above.
    4. We will also use your personal data to provide any services via the Application.
    5. Please note that our privacy policy also provides further information with regard to how we may use your personal data.
    6. Your personal data will be stored for at least the duration of the use of the Application and its associated services by you. We will then delete your personal data derived from the Application, within 30 days of you communicating to us that you have deleted the Application from all of your Smartphones and that you no longer wish to use the Application, by you writing to us or emailing us, using the contact details shown in Section 2 above.
    7. We intend to process your personal data only within the European Economic Area (‘EEA’). If we wish in the future to process it outside the EEA, then we will provide notification of this to you in advance, so that you can choose to cease using the Application if you object to such future processing.
    8. You are entitled to have access to, and request rectification of, personal information relating to you, as well as the right to object to the processing of such information, and in certain circumstances to have certain pieces of your personal data which is held by us to be deleted. These rights may be exercised by writing to us or emailing us, using the contact details shown in Section 2 above.
    9. Please note that the use of the Application requires the collection of geolocation data. You may, however, at any time deactivate the geolocation function on your Smartphone and/or delete your Application history. You need to be aware that if the geolocation service on your Smartphone is deactivated, the 'Vehicle location’ and ‘Complete my route’ features described in the App Licence, as well as other features and functions which rely upon location data will not be available. Likewise, deleting your Application history will prevent the functionality of the Application using such previously stored information.
    10. It is important that you inform anyone using the Vehicle or travelling as a passenger in the Vehicle of the collection of geolocation data. On this basis, you are confirming to us that where such data is being collected, you have obtained any necessary third party consents from such individuals, and you accept full responsibility and liability for your failure to do so. If you have not obtained such consent, then you must turn off location data services.
    11. We are committed to processing your personal data in accordance with the applicable data protection laws. If you have any complaints with our use of your personal data, you may contact us (by writing to us or emailing us, using the contact details shown in Section 2 above) or the supervisory authority for data protection, which in the UK is the Information Commissioner’s Office (further contact details are available from https://ico.org.uk).
  1. SAFETY

  1. RESPONSIBILITY
      1. When you use the Application, you must not carry out any activity that is likely to result in computer viruses being introduced into, or via, the Application or any related services. You must also make sure that you do not do anything which could have a negative effect on the operation of the Application or any server or service accessible through the Application.
      2. You must make sure that you do not do anything which would violate any laws or violate the rights of third parties.
      3. It is important that you do not do anything which would have a negative impact on our reputation or services, or those of our group companies, dealers, service providers and customers.

      1. You accept and agree that you will be using the Application under your sole and full responsibility.

      1. We will not bear any responsibility in the case of any illegal or improper use or misuse by you or by any of your third parties of: the Application; or any information received through the Application.
      2. Similarly, we will not be held responsible for any communication network fault affecting access to the Application, or for total or partial unavailability of the Application, including without limitation caused by the telecommunications or mobile network operator, or for transmission errors or problems related with transmission security, or for a fault with your Smartphone or mobile services.

      1. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
      2. We are not liable for business losses. We only supply the Application and associated services for domestic and private use. Consequently, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    1. We do not, by way of anything stated in the App Licence or otherwise, exclude or limit in any way our liability to you where it would be unlawful to do so. Consequently, we also do not exclude or limit liability for: death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; or breach of your legal rights in relation to the Application where these are not permitted to be excluded or limited at law.
  1. SUSPENSION OR STOPPING ACCESS TO THE APPLICATION
    1. We are entitled to suspend or stop your access to the Application at any time, temporarily or on a permanent basis, if:
      1. we are no longer able to provide the Application or associated services (we will announce this either through the Application, on our website, or by email notice to you); or
      2. you fail to comply with the terms of the App Licence (we will provide you with emailed notice in such circumstances of the suspension or stopping of Application access); or
      3. we need to undertake any maintenance activities in respect of the Application or its associated services or infrastructure; or
      4. we need to update the Application to reflect changes in relevant laws or regulatory requirements.
    2. If a technical outage is going to result in the Application being unavailable for a prolonged period of time, then we will consider whether to announce this either through the Application, on our website, or by email notice to you.
    3. You are of course entitled to stop using the Application at any time. You may also end your App Licence contract with us at any time by deleting the Application from all of your Smartphones (at which point you will no longer be able to use the Application and any of its associated services) and informing us of this by writing to us or emailing us, using the contact details shown in Section 2 above.
  1. UPDATES
    1. We may issue updates to the Application from time to time. Such updates may contain enhancements to functionality, performance, compatibility, reliability or security.
    2. We may also change the App Licence and our privacy policy as it applies to the Application, by providing advance notice to you of the updated terms. Such changes may be made for reasons which may include: changes in the features or functionality of the Application; compliance with laws; or changes in our operating model. If you do not wish to accept the updated terms, then you will have the ability to cease using the Application at that time and bring your contract with us to an end by writing to us or emailing us, using the contact details shown in Section 2 above.
  1. ADDITIONAL IMPORTANT TERMS
    1. We may transfer this contract to someone else. We may transfer our rights and obligations under the App Licence to another organisation (but this will not affect your rights or obligations owed to you). We will always inform you in advance of the transfer if this happens (either by way of a general notice on our website or in the Application or by email). If you are unhappy with the proposed transfer, then you may contact us to end the contract at any time prior to the transfer, by writing to us or emailing us, using the contact details shown in Section 2 above.
    2. You may not transfer your rights to someone else. We have provided the use of the Application for your sole personal use and consequently the App Licence may not be transferred by you to someone else. As you are aware, the Application is being provided without charge to you, so if you no longer wish to use it, you may delete it on all of your Smartphones to end your contract with us, as mentioned in Section 11.3 above.
    3. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    4. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything which you are required to do under these terms, or if we delay in taking steps against you in respect of you breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    5. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the Application in the English courts. If you live in Scotland, then Scottish law will apply and you can bring legal proceedings in respect of the Application in the Scottish courts.