|TUDING TERMS & CONDITIONS (“T&Cs”)|
|1.||Publisher||This website is owned and operated by TUDING SAS, a simplified joint-stock company with capital of €, registered with the Paris Trade and Companies Registry under no. , having its registered office at 14 – 30 Rue de Mantes, 92700 Colombes, France (“Tuding,” “we” or “us”).|
|2.||Subject||Tuding provides a networking platform accessible at http://www.tudingbus.com (“Website”), that enables businesses wishing to book transportation vehicles, namely buses, to connect and contract with transportation carrier companies who operate buses and/or vehicle fleets (the “Platform”). You understand and recognize that Tuding is not party to any agreement, contract or contractual relations, of any nature, entered into between the Users of its Platform.
These T&Cs govern your access to and use of the Platform and its Services.
When opening an account on the Platform, you must tick a box and confirm that you have read and accepted these T&Cs, which form a legally binding contract between you and Tuding.
Please read the following carefully. If you do not accept these T&Cs, do not use the Platform. We may amend these T&Cs at any time by posting an updated version to this web page and notifying you before the amended T&Cs take effect.
To improve your user experience, we may also modify, without prior notice, the structure and design of our Website and Platform, as well as some Services or content.
|3.||Definitions||In this document,
“Account” means the account that you have opened with us in accordance with these T&Cs to become a User and access the Services offered on the Platform.
“Client” means the business submitting a RFO for a Trip.
“Fees” means, for a given Trip, the sum of money requested by Supplier and paid by the Client for providing vehicles.
“Order Confirmation” has the meaning given to it in Clause below.
“Paying Agent” means an agent who accepts payments from the Client for a Trip and then distributes the payments to the Supplier.
“Expressions of Interest,” or “EOI,” means Client’s request for Suppliers to make offers for the supply of vehicles for a proposed Trip.
|4.||Opening an Account|
|A.||Conditions||You must be 18 years or over. You must be 18 years or older to use our Services and by opening an Account you declare that you are 18 years or older. We may ask you at any time to show proof of your age.
You must have authority to bind your business. You confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms.
Your use of the Account must not violate any applicable laws. You commit to us that your opening and/or using of an Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section.
|B.||Your Tuding Account||Our Platform allows Users to view, negotiate, interact with and make transactions with other Users for the purpose of booking a Trip. To access the Platform you must first open an Account.|
|C.||Opening an Account||Account creation. To create an Account, you must complete the mandatory fields in the registration form (e.g., name, company name, email, password and telephone). Meanwhile to update the business license & insurance during the registration process. An Account activation link will be emailed to you; your Account is activated once you click on the link. To open an Account, you must have read and accepted these T&Cs and our Privacy Notice.
Information must be accurate. As a User, all information you provide to us must be complete, accurate and truthful. You must update this information whenever it changes. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
|D.||Getting to know you||[For the purposes of transparency and fraud detection and prevention, we may carry out security and User due diligence checks on you before granting you access to the Services. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that we may make, directly or through any third party, inquiries we consider necessary to validate the information you provided to us.]|
|E.||Keeping your Account safe||What to do. You must:
(a) Choose a secure password. Your password must be between 8 and 16 characters, and contain both letters and number.
(b) Change your password regularly.
(c) Contact Customer Support if anyone asks for your Account password.
(d) Always follow recommended password management practice, for example: https://support.google.com/accounts/answer/32040?hl=en.
(e) Set up 2-step authentication when prompted.
(f) Keep your e-mail account secure. You may reset your Account password using your email address. Let Customer Support know immediately if your email address becomes compromised.
(ii) What NOT to do. You must NOT:
(a) Disclose your Account password. Keep it safe.
(b) Let anyone access your Account or watch you accessing it.
(c) Use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.
(d) Do anything which may in any way avoid or compromise the 2-step authentication process.
|5.||Services||Tuding provides an online collaborative platform that allows Clients and Suppliers to connect and contract for the purchase and supply of transportation carrier services.
The Platform allows:
|A.||Expressions of Interest||Clients may post an expression of interest (“EOI”) for a Trip by completing the form on their profile page, and following the steps as they appear on the screen. This includes entering certain mandatory information about the EOI and the Trip (such as the dates, trajectory, number of passengers, price range, currency, and the intention validity period.).
As a Client, you recognize that you are solely responsible for the content of the EOI you post on the Platform. Consequently, you represent and warrant the accuracy and truthfulness of all information contained in your EOI. Tuding reserves the right, at its sole discretion and without notice, to not post or to remove, at any time, any EOI that does not comply with the T&Cs or that it considers as damaging to its image, that of the Platform, or that of the Services.
Providing your EOI complies with the T&Cs, it will be posted on theof the Platform and therefore visible to Suppliers that are registered on the Platform. Intentions are valid through the intention validity period, which is determined by the Client. During this period, a Supplier can start negotiations. If at the end of this period, no negotiations have commenced, the intention will be automatically archived.
You understand that an EOI does not bind a Client. It may or may not lead to one or more negotiations, and may or may not lead to the creation a contract for a Trip.
You recognize and accept that the criteria taken into account in the classification and the order of display of an EOI among the other EOIs are at the sole discretion of Tuding.
|B.||Negotiating a Trip||The Platform allows Client and Suppliers to negotiate EOIs.
|C.||Creating a Contract||If an agreement has been reached, Client or Supplier may, during an agreed period, create a contract by clicking on the “Create Contract” tab and following the instructions that appear on the page. If no Contract is created during this period, the offer automatically lapses and is void.
Through the “Create Contract” tab, the Platform automatically generates a contract based on the agreed terms of the negotiation. The contract is then sent to all interested parties via email (such as, Client, Supplier and Paying Agent) and registered and accessible on our Platform.
|D.||Monitoring your Trips||You can track your Trips from your User profile page, including:
From your User profile page, you may also export this data using the “Generate Report” tab.
|Help Desk||To facilitate your use of the Platform, you can access online tutorials, help functions or our Help Desk, which is available during office hours (CET) and accessible by telephone or instant messaging.|
|2||Content posted by you on the Website||You may communicate with other Users or Tuding via the Platform. Any information you provide on the Platform, both during registration and use of the Services is subject to the following:
|3||User Rules of Conduct on the Website||There are certain rules that apply to Users. When using our Platform, you agree:
|4.||Confidentiality||You agree to defend, indemnify and hold Tuding harmless, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal fees, arising from your unauthorized and prohibited disclosure of confidential information.|
|5||Tuding’s Intellectual Property Rights / Limited License||This Platform is controlled and operated by Tuding.
Our proprietary software, and our materials on the Platform, including logos, trademarks, trade names, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials, are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by us or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Platform are the property of their respective owners.
Subject to being a User, Tuding grants you a non-exclusive, revocable, personal and non-transferable license, to use the Platform, in compliance with the purposes of the Platform, these T&Cs and applicable laws.
You are prohibited from any other use or exploitation of the Platform and Services, and their content, without the prior written permission of Tuding. Notably, you are prohibited from:
|Any unauthorized use by you which contravenes the above terminates the license granted by us.
All new versions, updates or changes to our Platform, Services or related content shall be subject to these T&Cs. We reserve all rights not expressly granted by the present T&Cs.
|6||Role of Tuding / Limitation of liability||By using the Platform and accepting these T&Cs, you recognize that Tuding is not party to any agreement entered into between you and the other Users with a view to booking a Trip. Tuding has no control over the behavior of its Users of the Platform. It does not own, exploit, supply or manage the vehicles subject of the Platform, nor does it offer any Trips on the Platform.
Tuding has no control over, and is not responsible for the acts or omissions of other Users, or the quality, accuracy or legality of information they submit. We do not endorse any Client or Supplier.
Users act under their sole and full responsibility.
In particular, in its capacity as an intermediary, Tuding cannot be held liable if a Trip fails to occur as intended, such as because of:
We are not responsible for the content or use of any information, for any damage caused to a User, for any indirect damage such as financial loss, loss of business or moral damage that a User may suffer through its use of the Platform.
You agree to look solely to Users for any claims you may have regarding information provided by such Users. If you have a dispute with another User, and subject to applicable law, you hereby release Tuding from all claims of any kind arising out of such dispute.
Tuding shall not be liable to you for any damages, claims, expenses or other costs you incur as a result of third party claims related to your use of the Services. Under no circumstances, and regardless of the circumstance, shall Tuding be liable for any indirect damages. You agree that you will be responsible for, and at Tuding’s request, defend Tuding from third party claims arising out of information you provide to Tuding for publication or any breach by you of these T&Cs or applicable law.
You agree that regardless of any statute or law to the contrary, any claim or cause of action related to your use of the Services must be filed within one (1) year after such claim or cause of action arises, or be forever barred.
|7.||Account suspension, restrictions of access and termination||You can terminate your contractual relations with Tuding and close your Account at any time by clicking on the “Delete your profile” tab on your profile page or by contacting Tuding. The termination takes effect  week after the termination request has been sent.
If you breach your undertakings as set out in these T&Cs or if we have genuine reason to believe that the security and integrity of Tuding, its Users or third parties is at risk, we reserve the right to:
When this is necessary, you will be notified of such measure to enable you to respond. Tuding will decide, at its sole discretion, whether to lift the measures put in place.
|8.||Personal Data||We collect and process some of your personal data. By using the Platform and registering as a User, you acknowledge and accept the processing of your personal data by us as set out in our Privacy Notice.|
|9||Operation, availability and functionalities of the Platform||We shall try as far as possible to maintain the Platform continually accessible. But access to the Platform or the use of certain features may be suspended or disrupted without notice, due to technical maintenance, migration, or updates, or owing to outages or constraints linked to the network or for other technical reasons.
We reserve the right to modify or suspend all or part of your access to the Platform or its features, at our sole discretion, temporarily or permanently.
|10.||Hyperlinks||Our Platform contains links to other websites. We do not control those websites and are not responsible for their content. By including these links, we are not endorsing the material on those websites or implying any association with their operators.|
|11.||Modification of the T&Cs||These T&Cs and the documents integrated by reference express the entire agreement between you and Tuding relative to your use of the Platform and the Services.
We may modify these T&Cs to adapt to our technological and commercial environment, and to comply with the law. Any modification to these T&Cs will be published on the Platform with mention of the effective date, and you will be notified by us before the changes take effect.
|12.||Applicable law and dispute resolution||These T&Cs are governed and construed in accordance with French law, without giving effect to any principles of conflicts of law.
We invite you to submit to us any complaints that you might have using the contact information provided above. If a contractual dispute between you and Tuding cannot be amicably resolved, you may use mediation free of charge, and may consult https://www.economie.gouv.fr/mediation-conso to appoint a mediator.
If the dispute cannot be settled by mediation, you agree to submit all disputes to the jurisdiction of the competent court of Paris, France.
For the exclusive benefit of Tuding, Tuding shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your principal place of business.