Terms and conditions of use

1. PURPOSE

Purpose 

The levélo service is a self-service e-bike system offered by the Métropole d’Aix Marseille Provence metropolitan area, the operation and management of which are entrusted to the company CITYBIKE GLOBAL through its subsidiary CITYBIKE MÉDITERRANÉE.

Customer Service details 

Website: levelo.ampmetropole.fr 
Email: levelo@ampmetropole.fr 
Phone number: +33 04 91 65 89 55 (cost of a local call). 
Mailing address: CITYBIKE MÉDITERRANÉE 10 boulevard Ampère 13014 MARSEILLE 
You may contact Customer Service every day by email, post and phone: Monday to Saturday 8 a.m. to 8 p.m. and Sundays 9 a.m. to 5 p.m.

2. DEFINITIONS 

App: refers to the program available for free download which may be used on smartphone and tablet operating systems (iOS or Android). It allows any Service User to find nearby stations as well as choose cyclist-adapted itineraries, check the number of km travelled, subscribe to the Service, contact Customer Service and report incidents. 
Community battery: refers to the battery used in the bikes
Bollard: urban furniture at the Station on which the bikes are hooked 
Account: refers to the customer account created by the User on the App or Website to access the Service
GTU: Service General Terms of Use 
Authorised Continuous Duration of Use: refers to a maximum duration of 12 hours of use of the bike, after which any use will lead to the application of penalties by the Operator 
Parties: refers to the Operator and User, jointly 
Operator: refers to the company CITYBIKE MÉDITERRANÉE which operates the Service on behalf of the metropolitan area
Scanner: reads the QR code on the bike using the app camera 
Service: refers to the self-service e-bike service offered by the Operator 
Website: refers to the website levelo.ampmetropole.fr made available to Users and prospective users wishing to get more information on the Service, create an Account, subscribe to the Service, contact Customer Service, download the app or check the GTU 
Station: a bike parking area equipped with one or more bike parking and recharging bollards, a maintenance rack and a totem which may or may not be equipped with a bank terminal
Virtual station: bike parking areas not equipped with recharging bollards
Rate: the price for the Service which is expressly communicated via the App and/or the Website at the time the corresponding order is validated
RFID receipt: a physical document issued through the CB totems allowing you to hire a bike by swiping the receipt over the bike frame in the place indicated by a sticker
CB totem: urban furniture at the station comprised of an LCD screen, a payment terminal and an RFID receipt printer. It allows any Service User to pay for a short-term subscription with a bank card, subsequently issuing an RFID receipt, view the station map and get access to customer service information
User: refers to any natural person over the age of 14 with the capacity to use the Service
Bike: refers to the e-bikes used as part of the Service offered by the Operator

3. DESCRIPTION OF THE SERVICE 

3.1. Introduction to the Service

After creating an account on the App or at the Website, the Service allows the User to borrow a Bike from a Station in accordance with the means described below.

The Service is comprised of Stations. Each Station is made up of:

• One or more parking and recharging bollards, enabling Bike hires and returns.
• A Service information totem, which may or may not be equipped with a payment terminal to buy 24h passes using a bank card, subsequently issuing an RFID receipt, view the station map and get access to customer service information.
• A maintenance roll bar, allowing the return of defective Bikes.

The Service is also associated with an App, allowing the User to: 

• identify him/herself and access information in their Account; 
• link his/her RFID transport card to his/her Account;
• check the status of the Stations and position of bikes nearby; 
• obtain information on the Service; 
• contact Customer Service; 
• hire a bike; 
• register, modify or delete bank details; 
• check his/her route history and payments; 
• read the GTU.

3.2 Introduction to Subscriptions and the 24h Pass

Subscriptions and Passes are strictly personal and exclusively associated with the person indicated as the User during the subscription process.
The Subscriptions available as part of the Service are as follows:

Subscriptions are taken out via the App or Website.
The Passes available as part of the Service are as follows:

Passes may be purchased at the CB totems, on the App or at the Website.

3.3. Service Availability

As soon as a User has a valid Subscription or Pass, he/she may hire a Bike for an unlimited number of locations throughout the validity period.
The Service is accessible, subject to availability of the Bikes, throughout the territory, 7 days a week, 24 hours a day non-stop, except for situations of force majeure under the terms of article 1218 of the French Civil Code or a decision by an administrative or court authority imposing a full or partial restriction, whether temporary or permanent, on the installation of a Station, the use of one or several Bikes or cycling traffic in the Service implementation territory. The Operator shall make its best efforts to inform the User in real time of the Service availability conditions via the Website or App. 
For any hires lasting at least 3 minutes, a 5-minute waiting time must be observed between two hires of the same Bike in order to prevent any type of Bike privatisation.
Each rental may not exceed the Authorised Continuous Duration of Use of 12 hours. If there is any dispute as to the duration of use of the service by the User, the data returned by the Customer Service computer server shall be valid. Beyond the Authorised Continuous Duration of Use, the Bike is considered not returned and the Operator reserves the right to debit any penalty fees from the User’s bank account for the non-return of the bike; the amount of this fee is defined in Article 9. 

4. ACCESS TO THE SERVICE

4.1. Service Subscription

4.1.1. Via the App or the Website

In order to subscribe and use the Service, the User must create an account on the App or at the Website.
The User:

• shall enter their username (email address) to subsequently log in to all account information. A 4-figure secret code will be sent to their email address to confirm registration and be able to access the account.
• shall enter their personal details;
• must register their valid personal bank card details;
• must accept these GTU;
• must attach proof, as applicable;

The user may take out a subscription through their account that adapts to their intensity of use.

The User is limited to one account per natural person. Creating an account is free of cost. The Operator reserves the right to demand supporting documents such as a copy of an identity card in order to confirm the account creation. 

The User is the sole party liable for their choice of login data as regards third-party rights, particularly identity theft or intellectual property rights as well as for maintaining the confidentiality thereof. If the login data are lost or forgotten, the User must contact Customer Service.

The Operator hereby reserves the right to reject or cancel the creation of an account or access to the Service for any User who does not meet the requirements indicated in these GTU.

4.1.2. At a CB Totem

In order to be able to use the Service, the User:

• must choose their pass on the home screen;
• must enter the number of the bike they want to use with their pass;
• must accept these GTU;
• must get payment pre-authorisation for the deposit, defined based on the number of bikes chosen;
• must take their RFID receipt, which is printed by the terminal.

The User is limited to the number of bikes chosen in the offer at the same time.

The User is the sole party responsible for their RFID receipt. If it is lost or forgotten, the User must contact Customer Service.

4.2. Borrowing a Bike at the Station

4.2.1. With the App

When hiring a Bike, the User must: 

• Open the iOS or Android app on their smartphone
• (Required) Enable geolocation and Bluetooth, if not already done 
• (Optional) Enter their destination address in order to be guided to the departure and arrival stations closest to their itinerary 
• (Optional) The User may book a bike at the station for a few minutes
• Go to the first bike available out of all the bikes parked against the recharging bollard
• Scan the QR code or manually enter the bike identification number
• Press on the left brake to release the bike

Bike unlocking is confirmed by a sound signal (double beep), a notification is received on the App and the hire begins.
The bike is unlocked via communication between the bike and the smartphone. 

4.2.2. With a Transport Card or an RFID Receipt

If using only a transport card and prior to the first Bike hire, the User must link their transport card number to their Account on the App or at the Website. 
When hiring a Bike, the User must: 

• Go to the first bike available out of all the bikes parked against the recharging bollard
• Press on the left brake to activate the RFID reader
• Place the transport card or RFID receipt over the symbol on the frame
• Wait for a green LED + double beep + the lights to come on, confirming the start of the route
• Press on the left brake again to release the bike

Bike unlocking is confirmed by a sound signal (double beep), and the hire begins.

4.3. Borrowing a Bike at a Virtual Station

4.3.1. With the App

When hiring a Bike at a virtual station, the User must: 

• Open the iOS or Android app on their smartphone
• (Required) Enable geolocation and Bluetooth, if not already done
• (Optional) Enter their destination address in order to be guided to the departure and arrival stations closest to their itinerary 
• (Optional) The User may book a bike at a virtual station for a few minutes
• Go find one of the bikes available as indicated in the app
• Scan the QR code or manually enter the bike identification number

A sound signal (double beep) indicates the Bike is unlocked. The LED on the bike will blink green, the lamps will light up, the User will receive a notification via the App and the hire begins.
The bike is unlocked via communication between the bike and the smartphone. 

4.3.2. With a Transport Card or an RFID Receipt

When hiring a Bike, the User: 

• Must press on the left brake on the bike at the virtual station
• Scan their transport card or RFID receipt over the symbol on the frame

A sound signal (double beep) indicates the Bike is unlocked. The LED on the bike will blink green, the lamps will light up and the hire begins.

4.4. A Defective Bike

If the first bike in the group is unavailable (defective or no battery) upon trying to begin a route:
The bike will blink in red and an “error” beep will be heard.

If the User is using the app, a specific screen will pop up and indicate to the User:

• that the first bike is unavailable and the reason;
• that it must be placed on the maintenance bollard in order to access the next one.

If the User uses their transport card or an RFID receipt, they must contact Customer Service.

After validating the User in the app or directly through the RFID scan, as applicable, the bike will unlock for 2 minutes. A specific sound beep will be heard different from the sound beep heard at the start of the route to avoid confusion, the lights will remain on and power is cut off.

The User must press the left brake to release the bike and take it to the maintenance roll bar (if the User uses the App, a specific screen will pop up). 

The bike locks automatically once it is hooked to the maintenance roll bar. The User will not be billed for this route.
The User can then access the next bike.

4.5. Securing a Bike Off a Station During Hire 

The Bike can be locked during hire. The User is informed that in such case, the hire time continues to be deducted. 

4.5.1. With the App

To lock the Bike off a Station, the User must press on the “Pause” button. A sound signal (double beep) indicates the Bike has been properly locked. The app will enter pause mode. The LED on the bike will blink pink and the lamps will turn off.
To unlock the Bike and start riding again, the User must click on the “Get back on my route” button. A sound signal (double beep) indicates the Bike is unlocked. The LED on the bike will blink green and the lamps will turn on.

4.5.2. With a Transport Card or an RFID Receipt

To lock the Bike off a Station, the User must:

• Press the left brake
• Scan their transport card or RFID receipt over the symbol on the frame

A sound signal (double beep) indicates the Bike has been properly locked. The LED on the bike will blink pink and the lamps will turn off.

To unlock the Bike and start riding again, the User must:

• Press the left brake
• Scan their transport card or RFID receipt over the symbol on the frame

A sound signal (double beep) indicates the Bike is unlocked. The LED on the bike will blink green and the lamps will turn on.

4.6. Returning a Bike after Hire

4.6.1. Returning a Bike to a Station

If the App is being used with an informed destination, the User will be guided to the closest station available for their destination by following the itinerary and indications offered by the App. The User (if their destination was informed) may modify their destination in the App at any time.

Once at the Station, the User must hook up their Bike directly to the Station or the Bike already at the Station using the two magnets located at the top of the frame below the fork and under the bottom of the frame in the middle back, as well as the guide strip by positioning the front wheel in the slot.

If the bike has been hooked up, the User will see a green double blink on the bike frame and hear a sound signal (double beep). Plus, the bike lights will turn off. The hire will then automatically stop. A Bike is not considered returned until locked at a station.
When using the app, the route summary and price billed will appear on the screen and give the User the opportunity to record their route.

An error message will warn the User their Bike was not properly returned. In such case, he/she will be asked to restart the bike return procedure at the station. 

If the User hears the sound signal yet still cannot end their route, they must contact customer service as quickly as possible.
The User may access their route history under their profile on the app or at the Website.

4.6.2. Returning a Bike to a Virtual Station

The User shall return the Bike to the Virtual Station indicated in the App.

4.6.2.1. With the App

To end the route at a virtual station, the User must press the “End my route” button. A sound signal (double beep) indicates the Bike has been properly locked. The LED on the bike will blink pink and the lamps will turn off. The route will be ended.

4.6.2.2. With a Transport Card or an RFID Receipt

To end the route at a Virtual Station, the User must:

• Press the left brake
• Scan their transport card or RFID receipt over the symbol on the frame

A sound signal (double beep) indicates the Bike has been properly locked. The LED on the bike will blink pink and the lamps will turn off.
The route will be ended.

4.6.3. Returning a Defective Bike

If a defect affecting the use of the Bike by a User arises during hire, the User may declare such defect in the app. The User will then be invited to return the bike directly to a maintenance roll bar if the bike can no longer be used in order to isolate it from other bikes.
This procedure may also be done by contacting customer service.

4.6.4. Request for Emergency End of Route

Upon encountering a problem while enroute, the User may request the end of their route by contacting Customer Service.
Outside the customer service hours, the User may request the end of their route via the App. He/she may click on the button “REQUEST END OF ROUTE” and complete the form. He/she must confirm acceptance and respect the emergency end-of-route conditions on the form to confirm the request. Once the form has been completed and the photo of the bike is sent, customer service will contact the User and regularise their route. In the event of abuse of this feature, the Operator reserves the right to bill them penalties in the amount applicable to the disappearance of the bike without justification after the start of hire as listed in Article 9 of these GTU. 

5. RATES AND PAYMENT METHODS 

The Rates applicable are indicated at the Website and on the App in addition to being posted at the time the User subscribes to the Service.

5.1. Cost of the Service

The cost of the Service includes:

• the cost of accessing the Service subscribed by the User, which varies based on the type of Subscription or Pass ordered;
• the cost of use, which varies based on the type of Subscription or Pass ordered and the duration of the use of the Service.

Each route may be checked under “My Account” which is available at the Website and on the App.

The Rate is billed directly to the User against their bank card based on the duration of the route. All minutes began shall be paid.

The User hereby acknowledges and accepts that the Rates applicable may increase. This principle applies to any Rate revision. The User will be warned of any Rate revision via all associated media.

If there is any change in the cost of use, such change will automatically apply to current subscriptions.

If there is a change in the cost of access, the User will have 15 days after notification of the new rates to cancel their subscription. Otherwise, the new rates will be applied to the next payment due.

5.2. Bonus Points 

If a bike is deemed non-usable and is placed on a maintenance roll bar, the User will receive bonus points after placing it on the maintenance roll bar. An automatic email will be sent notifying them and the point counter will be dynamically updated on the App and at the Website.

The User will also receive bonus points based on the frequency and quality of their use of the service.
These bonus points may be redeemed for free minutes and other service benefits.

5.3. Payment for the Service

The service is billed based on the routes actually completed, with each route billed.
Billing for subscriptions is on the anniversary date of the subscription during the same month.
For security reasons, some types of bank cards may be temporarily or definitively not accepted.

5.3.1. Through An Account (App, Transport Card)

Payment for the Service shall be made by the bank card the User provided details for upon creating their Account or upon any update to their bank details. 

By entering their bank card numbers, the User consents to the Operator authorisation to debit their bank card for any sums due by the User pursuant to these GTU. The User hereby acknowledges and declares: 

• that the bank card associated to their Account and the contact details are and remain valid; 
• that they have the capacity, consent and power required to associate this bank card to their Account and be debited against said card for the Service fees. 

At the start of the route, Stripe Inc. (the payment platform chosen by the operator) may debit a pre-authorisation on the User’s bank card to guarantee payment for the service. 

In certain cases and depending on the User’s bank, this pre-authorisation may temporarily appear on the User’s bank account; said pre-authorisation will be removed at the end of the route to charge the final fee.

5.3.2. Through the Purchase of a Short-Term Subscription at a CB Totem

Payment for the Service shall be made by the bank card the User provided details for upon purchasing a short-term subscription at a CB totem.

By entering their bank card numbers, the User consents to the Operator authorisation to debit their bank card for any sums due by the User pursuant to these GTU. The User hereby acknowledges and declares: 

• that the bank card associated to their Account and the contact details are and remain valid; 
• that they have the capacity, consent and power required to associate this bank card to their Account and be debited against said card for the Service fees. 

Upon purchasing a subscription, Nepting (the CB totem payment platform chosen by the operator) may debit a pre-authorisation on the User’s bank card to guarantee payment for the service. 

In certain cases and depending on the User’s bank, this pre-authorisation may temporarily appear on the User’s bank account; said pre-authorisation will be removed at the end of the subscription period to charge the final fee.

5.4. Payment Security

The Operator uses the services of Stripe Inc. and Nepting, companies that specialise in securing online payments by bank card. The payments are made via a PCI-DSS-certified secure payment interface. These companies undertake to maintain this certification (or any equivalent certification irrespective of any future name) and are liable for the security of the data belonging to the holders of the bank cards they collect or store, process or transfer in the name and on behalf of the Operator. The User is informed that the provisions on any fraudulent use of their bank card are as set forth in the agreement with their banking institution. The Operator will not under any circumstance be held liable for the fraudulent use of a User’s means of payment. 

5.5. Modification and Cancellation of a Subscription by a User

The User may modify and cancel their subscription via the App or at the Website.

A permanent subscription cannot be modified or cancelled during the first 12 months except for a modification or cancellation due to legitimate reasons: death, loss of employment, change of professional address outside the territory, long-term hospitalisation.

Beyond the first 12 months, any request for cancellation must be made at least 10 days before the subscription anniversary date.
If there is a change in the cost of access, the User will have 15 days after notification of the new rates to cancel their subscription. Otherwise, the new rates will be applied to the next payment due.

5.6. Termination due to a Breach by the User

A subscription may be terminated by the Operator due to a breach by the User under the following conditions. The following are particularly considered breaches by the User: 

• The non-payment of a part or all of the prices for a route or the entire sum for the service. 
• Any use of the service not compliant with these GTU. 

After notice to the User to cure any breach with no avail, the Operator shall suspend access to the Service until the situation is remedied by the User. 

During suspension of access to the Service, the User shall nonetheless remain liable for any routes previously completed. 
If the Service is suspended for more than two (2) months, the Operator may terminate the Agreement. 

6. USER’S OBLIGATIONS

The User undertakes to use the Service in a normal, private manner. As such, the User undertakes to use the Service wisely, diligently and with good judgement in respect of these GTU and the Traffic Code and any other applicable regulations. 

The User undertakes to keep care of the Bike hired. He/she will be liable for any damage, destruction or disappearance of the bike. He/she must systematically lock the Bike with the pause feature as soon as he/she stops and leaves the bike without supervision. The User undertakes to hire and return the Bike within the Authorised Continuous Duration of Use. 

The User agrees in advance that any breach of these obligations gives the Operator the right to payment of a penalty, the definitive sum of which is established in accordance with the terms and methods provided for in Article 9. If there is evidence of the use of a Bike contrary to the provisions of these GTU, the User undertakes to return the Bike at any time upon first request by the Operator or its representatives. 

The User undertakes to notify the Customer Service as soon as possible of the loss or theft of the Bike or any other problem associated with a Bike or the use of their access code a maximum of 24 hours following any such event. In any case, they shall be liable for the Bike until the return thereof. Users are the sole parties liable for updating their personal contact details and any damages that may arise from a failure to communicate any such modification. In order to maintain access to the Service, the User undertakes to keep their bank card valid throughout the duration of the use of the service. If necessary, he/she shall update the details and expiry date of their card directly in their Account.

7. RESTRICTIONS ON THE USE OF THE SERVICE

Access to the service is prohibited for minors under the age of 14, whether accompanied or not. 

The Service is accessible for minors aged 14 to 18; their legal guardian may choose to pay for the use of the minor by registering their personal bank card on the minor’s account. 

The legal guardian of any minor using the Service shall be liable for any damages directly or indirectly caused by the minor when using the Service. 

As for all subscription holders, minors aged at least 14 must have a personal account, a telephone number and an email address. It is hereby specifically stated that accounts are strictly personal, allowing the User to hire, use and return a Bike at any time in accordance with the conditions described below. 

The User is thus prohibited from lending, renting or assigning their account. 

The User is authorised to use the Bike in accordance with the terms herein, which particularly exclude: 

• any use contrary to applicable traffic regulations, particularly the provisions of the Traffic Regulations; 
• any use on terrain or under conditions that may damage the Bike; 
• transporting any passengers whatsoever in any manner; 
• transporting more than 5 kg in the basket on the front; 
• any use of the Bike that may endanger the User or a third party;
• any dismantling or attempt at dismantling any or all of the Bike;
• more generally, any abnormal use of the Bike. 

The Bike may not bear a total load of more than 120 kg. The Operator reserves the right to automatically suspend access to the User account without any indemnity if there is suspicion the User is not respecting the conditions set forth in this article, particularly in the case of theft, vandalism or third-party endangerment. 

8. USER’S LIABILITY AND DECLARATIONS

The User declares to be capable of using a Bike and being in physical conditions for such use (sufficient size, good health, etc.). 
As the Bike is under the responsibility of the User, he/she should do a basic check of the main functional elements prior to effective use of the Bike chosen, particularly including but not limited to: 

• the security of the seat, the pedals and basket; 
• the proper functioning of the bell, brakes and lighting;
• the good overall conditions of the frame and tyres.

Otherwise, the User must report any incident via their account on the App and/or through customer service. They may then borrow a second bike after having left the defective bike on the maintenance rack set up for this purpose.

The User declares having subscribed and holding civil liability insurance in effect guaranteeing the consequences of use of the Bike. The User is further recommended: 

• to adapt the braking distance in the event of poor weather; 
• to adjust the seat to their height;
• to wear an approved helmet and adapted clothing. 

If so desired, the User may use the smartphone support available on the handlebars and the App in order to get directions for their route. The User is liable for any damages caused to their smartphone if they fall or use the support improperly. If the support is visibly defective, the User should not use it. 

The User is the sole party fully liable for any damages caused by the use of the Bike during the Duration of Use including any excess of the Authorised Continuous Duration of Use in the event of a late return by the User. The parents or legal representatives of any minor registered for the Service shall be liable for any damages directly or indirectly caused by the minor when using the Service. 

Any loan of more than 24 hours shall be considered an unjustified Bike disappearance until it is found, which may give rise to penalties under the conditions defined in Article 9.

If the User is responsible for the Bike disappearance, the User must report the disappearance to customer service within 24 hours following the initial hire, and this may give rise to penalties under the conditions defined in Article 9.
If the User is not responsible for the Bike disappearance, the User is required to notify customer service of such disappearance within 24 hours following the initial hire and file a police report within 48 hours claiming the Bike theft and send a copy of such report to customer service. 

If there is any accident and/or incident involving the Bike, the User must notify Customer Service of the facts as quickly as possible. The Bike shall remain their liability either until locked or, in lack thereof, confirmation of a remote lock request with customer service. 

9. PENALTIES 

With each service purchase, a pre-authorised debit will be charged to the User’s bank card to guarantee proper use of the service in an amount of €300. In certain cases and depending on the User’s bank, this pre-authorisation may temporarily appear on the User’s bank account; said pre-authorisation will be removed at the end of the route to charge the final fee.
If the service is purchased at a CB totem, the User may use several bikes with their pass, paying the amount of the pass each time. In such case, the pre-authorisation shall be applied on a sliding scale: 

• 1 bike: €300 
• 2 bikes: €480
• 3 bikes: €540
• 4 bikes: €600

The User undertakes to respect these general terms of access and use of the service and return the Bike borrowed in the same conditions as found upon hiring. The User hereby authorises the Operator to request a debit of the following penalties in the event of a breach of the conditions defined below: 

• Bike theft with proof of a filed police report: €150
• Non-return or disappearance of the bike without justification after the start of hire: €300
• Damage to the bike attributable to the User: a flat fee of €100 per Bike in addition to the price of purchasing parts that must be replaced. 

10. PERSONAL DATA 

The User’s personal data shall be processed in accordance with the Operator’s confidentiality policy. 

11. DISPUTE RESOLUTION 

The GTU and relations between the User and Operator are subject to French law. To file a complaint, the User may contact Customer Service by using the form provided for such purpose on the Website or sending an email to: levelo@ampmetropole.fr or sending regular mail to Customer Service LEVELO 10 boulevard Ampère 13014 MARSEILLE. The User shall have one month after the disputed event to complete this procedure. 

The Parties shall make their best efforts to find an amicable solution to any dispute between them. 

Pursuant to article L. 612-1 of the French Consumer Protection Code, the Operator guarantees to the User the possibility of using a conventional mediation service or other alternative form of dispute resolution if a response gives rise to a prior written complaint to customer service. 

In lack of an amicable resolution, any dispute relating to the interpretation, execution or breach of these GTU and/or relations between the User and Operator shall be submitted to the competent French courts irrespective of the plurality of defendants and/or introduction of third parties in the case, even for urgent proceedings or conservatory summary proceedings or petition. 

12. APPLICATION AND ENFORCEABILITY OF GTU 

These GTU apply to any use of the Service by a User and are available at any time at the address https://levelo.ampmetropole.fr/terms-and-conditions. 

The User undertakes to read the GTU and accept them before the first use of the Service and downloading the App. The User is hereby informed that simple use of the Service implies full acceptance without reservations of all the clauses in these GTU. He/she acknowledges being perfectly informed of the fact that their agreement with the content of the GTU does not require handwritten or electronic signing of a document. The Operator reserves the right to modify the GTU at any time without prior notice where it is understood that any such modifications will not be applicable to any subscriptions or use prior to such modifications. A failure by the Operator at any time to enforce any of these GTU shall not be interpreted as a waiver to later enforce any of these terms. 
If any of the clauses of the GTU are fully or partially declared null, illegal or unenforceable, the other clauses shall remain fully in force. If the Service is entrusted to a company other than the Operator, the User agrees that these GTU shall be automatically transferred to the assignee, whomever that may be.