1 – LEGAL NOTICES
The MyDS App (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: Beatrice FOUCHER
Head of the Application: Beatrice FOUCHER
Downloading platform: Google Play and App Store
2 – Terms and conditions of use
The Application is a free mobile application, compatible with iOS 11 or higher and Android 6 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 11 or higher or Android 6 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.
For eligible Vehicles, certain remote control services of the Vehicle (described in Section 3 below) usable from a smartphone may require carrying out an association journey between the Vehicle and the personal account of the user. The details and conditions of this association process are available https://services-store.dsautomobiles.co.uk/sites/ds/files/2020-01/Pairing_Process_Terms_and_Conditions_DS.pdf. It is specified that the level of identification of the User for this association journey may vary depending in particular on the services.
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 11 or higher and Android 6 or higher:
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:
Observing the instructions in the Vehicle’s service manual;
Search for the Nearest Dealership: The User can look for the contact details of the nearest dealership by reference to their Smartphone’s GPS position. For this, the Smartphone’s GPS position is transferred to the Application. The User views on a map the dealerships around them and can save one as the “Preferred Dealership”. The User can also look for their dealership’s contact details by entering an address in the address search bar.
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).
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 mapthe 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 Applicatio.
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.
Services for compatible electric and hybrid vehicles, providing the User has subscribed to the corresponding Service:
The list of eligible smartphones is available at: https://ds.nextgen-technology.net/?CultureId=23&RegionId=1&Culture=uk
The use of these functionalities is dependent on the activation of the service via the Application, requiring prior acceptance of the general conditions of use of the service (https://services-store.peugeot.uk/node/42) and the successful completion of the vehicle and personal account association route (details and conditions https://services-store.dsautomobiles.co.uk/sites/ds/files/2020-01/Pairing_Process_Terms_and_Conditions_DS.pdf ).
If the VIN of the vehicle registered in the MyDS application is that of an electric vehicle, a "Mobility Pass" button is displayed in the "Vehicle" tab of the Application. By clicking on this button and then on the "Rent a vehicle" button, the user directly accesses the Free2Move Rent site on which they can benefit from their preferential offer.
The Users can select their county in order to benefit from a more personalised experience.
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.
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 agreesnot 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.
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.