Conditions of use
Preamble: ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE
WE RECOMMEND THAT YOU READ THESE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE REZULTEO WEBSITE.
These General Terms and Conditions of Use ("GTCU") govern the relationship between users ("you", "your") of the website at https://tyres.rezulteo.co.uk/ (the "Rezulteo Website"). The Rezulteo Website is a site operated by Lizeo Online Media Group Co (referred to as "we", "us" and "our"). We are a company listed in the Register of Commerce and Companies of Lyon registered in France under the number 511 569 709 and located at 42 quai Rambaud 69002 Lyon, France. We are a Simplified joint-stock company. Our VAT number is FR 68511569709.
To contact us, please email firstname.lastname@example.org [or telephone our customer service line on [+33 (0)4 63 05 95 30].
By accessing and continuing to use the Rezulteo Website, you agree to be legally bound by the GTCU. Please note that we may update and amend the GTCU from time to time and any changes will be posted on the Rezulteo Website. However, it is your responsibility to ensure you review the GTCU regularly to familiarise yourself with any changes.
If you do not agree to any of the provisions of the GTCU you should immediately disconnect from the Rezulteo Website.
Section I: DESCRIPTION OF THE REZULTEO SERVICES
The Rezulteo Website provides technical and commercial information on tyres to you, whether you are a consumer or a business.
Such information, comprised in particular (but without limitation) of information concerning pricing, distribution networks and repairs, and including opinions and performance tests, is for information purposes only and to help you choose tyres for a vehicle.
The Rezulteo Website also provides search functions which allow you to search against keywords and technical notices for the tyres offered on merchant websites which we have referenced on the Rezulteo Website. Such search functions permit the comparison of technical and commercial characteristics of the tyres.
The Rezulteo Website is made available free of charge. The Rezulteo Website can be used as a tool for comparing tyre products. The search functions do not provide exhaustive or comprehensive results regarding all offers available on the Internet and in the trade. Such results are from data collected by us from third party referenced merchant websites. However, the price, specification, characteristics and any other information related to such products should be verified by you at the point of purchase of any such products. We make no promise or guarantee (whether express or implied) that such information is accurate or complete. You accept that we use data from third party sources, that the results are derived from such third party data and therefore that we provide you this information on an "as is" basis. The Rezulteo Website is for your general interest and information purposes only and must not be relied upon by you as a substitute for independent professional advice. We shall not be liable for any inaccurate statement or opinion in our services or results which resulted from a reasonable interpretation of information.
We cannot promise that the Rezulteo Website or the information contained within it will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition. The Rezulteo Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Rezulteo Website is not available, discontinued, modified or changed in any way.
The REZULTEO website reserves the right to first display the offers of its favoured partners without excluding the offers from other referenced dealers on REZULTEO to ensure consumer information.
The data on the Rezulteo Website is updated every 24 hours maximum (except weekends and public holidays in France).
Purchase of the selected goods does not take place on the Rezulteo Website. You must go to the merchant website of your choice.
The Rezulteo Website makes a web widget available to you (whether you are a consumer or a business). This offers you the facility to integrate the Rezulteo Website content on your own website provided that you do so in compliance with Section V on Intellectual Property rights below.
The Rezulteo Website allows visitors to ask questions about the choice of products, tyre performance and advice on using or maintaining tyres. The answers are provided by our experts or directly by the third party with whom we have signed a Question/Answer agreement.
The Rezulteo Website content is written in accordance with the Rezulteo Charter applied by LIZEO ONLINE MEDIA GROUP, described in « about us ».
Section II: LINKS TO OR FROM OTHER WEBSITES
The Rezulteo Website contains links to other third party websites and services through advertising or otherwise. In particular and without limitation, the Rezulteo Website contains links to merchant websites where you may be able to purchase products and/or services from third parties. These links are provided for your ease of reference and convenience only. We have no control over those third party websites or services and are not responsible for their contents. We do not endorse the material contained in their websites or services. You agree that we will not be a party to any transaction or contract with a third party that you may enter into and we won’t be liable to you for any loss or damage which you may suffer by using those third party websites and services. You agree that you will not involve us in any dispute you may have with such third party websites and services.
On ordering products and/or services and on the subsequent acceptance of such order by any third party merchant website, the price indicated on the third party merchant website at the time of your purchase will be that actually applicable. It is always possible that, despite our best efforts, some of the products and/or services that we highlight may be incorrect. In the event of a difference between the price indicated on the Rezulteo Website and that applicable on the third party merchant website, the third party merchant website price will prevail. We will not be responsible or liable for any differences in price as between prices quoted on the Rezulteo Website and prices quoted by any third party.
You are not permitted to link to the Rezulteo Website and any person wishing to establish any link to the Rezulteo Website (whether by way of a hypertext link or framed content) must obtain prior written authorisation from us.
Section III: UNDERTAKING OF CONFIDENTIALITY AND RESPECT OF PRIVACY
SECTION IV: CONTENT SUBMITTED BY THE USER
Art 1: The Rezulteo Website allows you to send or edit notes, comments and opinions on the Rezulteo Website ("User Generated Content").
You are responsible for any User Generated Content submitted and published on the Rezulteo Website.
By submitting any User Generated Content, you confirm that you are the original owner of any such User Generated Content or that you have the necessary licences, rights, consents, and permissions to authorise us to use the User Generated Content. In particular, you also confirm that you have obtained the permission of all of the people featured or referred to in the User Generated Content to our use of it on the Rezulteo Website. You acknowledge that and agree the contents of any User Generated Content will be considered non-confidential. We advise that you never reveal via the Rezulteo Website any personal information about yourself or anyone else (for example: telephone number, home address or email address). You are entirely responsible for maintaining the confidentiality of your details when using our services.
You retain all of your ownership rights in the User Generated Content. By submitting User Generated Content, you grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.
You are responsible for the contents of any User Generated Content that you may submit to us and the consequences arising from its use on the Rezulteo Website. You will not upload to the Website any material or content which is in any way defamatory, obscene, unlawful, harmful, offensive or inappropriate or infringes the rights of a third party or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or that otherwise breaches any applicable laws. You agree not to transfer files which contain viruses or other harmful programs. Further, you must not endanger yourself or others, take any unnecessary risks in order to produce or submit User Generated Content.
You also agree not to advertise or promote third parties’ or your own goods or services including by way of the distribution of "spam" email. In particular, you agree not to use the Rezulteo Website to provide links to third party websites.
We may accept your User Generated Content or refuse to display it or withdraw it at any time in our sole and absolute discretion without notice to you for any reason, including, without limitation, where we suspect it to be in any way defamatory, obscene, unlawful, harmful, offensive or inappropriate or to infringe the rights of a third party. We have no obligation to modify or remove any inappropriate, offensive or unlawful content.
Art 2: You acknowledge and agree that messages published by other Internet users in reaction to articles express solely their personal opinions. We do not endorse such comments and we shall not be liable for any loss or damage caused to you arising from the content of such messages of which we are not the author.
We reserve the right to exclude from forum discussions any user who does not comply with the “GTCU” and Rezulteo Charter.
[Art 3: Any questions you ask on the Rezulteo Website are sent (where appropriate) directly to the third party with whom we have signed a Question/Answer agreement.
No guarantee in relation to the reply time to any such question is provided by the third party or us. We will do our utmost to reply promptly.
The question will remain on the Rezulteo Website for 48 hours after publication of the reply.
As part of the Question/Answer service, the third party brands will only reply to questions concerning the choice of products, tyre performance, advice on equipment, use and maintenance for private vehicles, light commercial vehicles and 4X4s of their respective brand.
Any questions concerning “After Sales Service” relating to the third party should be sent directly to the customer service department of the third party brand concerned.
Neither we nor the third party shall be held liable for the replies provided (see Part VI: Guarantees) which resulted from a reasonable interpretation of information.]
Section V: INTELLECTUAL PROPERTY RIGHTS
The entire Rezulteo Website and its widgets, visual identity as well as the registered trade mark Rezulteo® and all intellectual property rights subsiting in them are the exclusive property of Lizeo Online Media Group or its licensors and they are protected by intellectual property law in force or any other law.
The names, images and logos identifying us, companies in the Lizeo group, our partners or third parties and our/their products and services referred to on the Rezulteo Website are proprietary marks and may not be reproduced or otherwise used without express permission. Rezulteo® is a registered trade mark and may not be used without our express prior agreement.
All elements found on the Rezulteo Website or in its widgets, and especially the content, illustrations, structure, editorial content, comments, photos, images, sounds and videos and organization are protected by copyright and may not be reproduced, in part or in full, without our express prior authorization.
The same prohibitions on use apply to the content, including advertising and information presented on the Rezulteo Website by advertisers, or Partners which may, as the case may, be protected by copyright, trade mark law, patent law, or any other law under legislation in force.
The contents of the Rezulteo Website are considered a protected database, as understood within the meaning of Articles L341-1 and L342-1 of the French Intellectual Property Code.
The content of the Rezulteo Website and compiled technical and commercial data result from substantial material, financial and human investment by us or on our behalf.
All extraction, reusage, exportation of the Rezulteo Website database is prohibited. You acknowledge and agree that:
- we are not liable for any loss or damage caused to you in the event of the export and/or reuse, in qualitative or quantitative terms, whether substantively or otherwise, of the Rezulteo Website database; and
- we are not liable for any loss or damage caused to you in the event of any repeated and/or systematic export and/or reuse of the substantive or non-substantive parts of the Rezulteo Website database to unlawfully re-create the Rezulteo Website database. Any such act by you shall be a breach of these GTCU and intellectual property laws.
Section VI: NO GUARANTEES
The Rezulteo Website may be accessed and is made available to you "as is" without any guarantee on our part as to accessibility of the Rezulteo Website or the accuracy, suitability, reliability, completeness, fitness for purpose of the Rezulteo Website nor of any content available via the Rezulteo Website or widgets present on partner sites.
Section VII: LIABILITY
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- We are not responsible for any losses which are not foreseeable.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to the Rezulteo Website or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Rezulteo Website; or
- use of or reliance on any content displayed on the Rezulteo Website.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- We shall not be, nor shall any authors be, held liable for any damage or loss that you incur arising from errors or omissions in information provided or for technical problems encountered on the Rezulteo Website or any other websites to which links are established.
- We cannot guarantee that any files that you download are free from viruses, contamination or destructive features or for any problems or inadequacies with your computer, software, email system, internet facilities, or equipment.
If you are a consumer user:
- Nothing in these GTCU shall restrict your statutory rights (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau).
- Please note that we only provide the Rezulteo Website for domestic and private use. You agree not to use the Rezulteo Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
Section VIII: OTHER IMPORTANT TERMS
Art 1: Entire Agreement
If you are a business user, the provisions of these GTCU constitute the entire agreement between you and us in relation to the Rezulteo Website, and they supersede all prior arrangements and agreements in this regard.
Art 2: Partial Nullity
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of the GTCU operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Art 3: No Waiver
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under the GTCU, or if we delay in taking steps against you in respect of your breaking the GTCU, 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.
Art 4: Governing Law
The GTCU shall be governed by and interpreted in accordance with the laws of France. The GTCU is governed by French law and you can bring legal proceedings in respect of the services in the French courts. If you live:
- in Scotland, you can bring legal proceedings in respect of the services in either the Scottish or French courts;
- in England, you can bring legal proceedings in respect of the services in either the English or French courts;
- in Wales, you can bring legal proceedings in respect of the services in either the Welsh or French courts; or
- in Northern Ireland you can bring legal proceedings in respect of the products in the Northern Irish or French courts.
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint you have made, you may want to refer your dispute to the European Commission Online Dispute Resolution Platform. If you are not satisfied with the outcome you can still bring legal proceedings.
Latest version: June 2017