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The TCOTREES tool, accessible on the internet domain tcotrees.com (hereinafter the “Application”), is published by the company DELIGEO, a simplified joint-stock company with a capital of 30,000 euros, whose head office is located at 165 rue de la Garonne, 83700 Saint-Rapha\u00ebl, registered under the number 809 402\u202f902 RCS Fr\u00e9jus, and represented by its President, Mr Fr\u00e9d\u00e9ric Schneider.<\/p>\n
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The TCOTREES Tool (hereinafter “the Tool” or “TCOTREES”) is an online application published by DELIGEO (hereinafter “DELIGEO” or “we”, or “our” or “our”) allowing modeling and monitoring the total cost of ownership of transportation systems. The Tool can be used to forecast initial investments, future maintenance and renewals, their costs and availability constraints, including when the technologies contain some unknown.<\/p>\n
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TCOTREES provides Users with access to a range of online services (the “Service” or “Services”) including: modeling platform, database manager, development of descriptive models of transport systems, access to models pre-parameterized, entering operational use and maintenance context assumptions, calculating the components of the total cost of ownership, recording results, creating dashboards, retrieving and processing data on maintenance operations actually performed, comparison of planned and actual costs, statistical analyzes.<\/p>\n
The purpose of these Terms of Service\u00a0 of TCOTREES (hereinafter the “Terms”) is to define the Services offered to clients and users of the Tool (the “Clients”, the “Users”, and together or alternatively “you”). Use of the Tool in any capacity whatsoever implies full and unreserved acceptance of these Terms and Conditions and of the Use and Protection of Personal Data Policy, or of the Supervisor or the Customer on your behalf and on your behalf.<\/p>\n
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The Customer, after having taken cognizance of the potentialities, the purpose, the functionalities, the standard character and the mode of operation of the Tool identified in the contract, and having had the opportunity of and the time necessary to solicit from DELIGEO a detailed presentation of the Tool, decided to benefit from it.<\/p>\n
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The Customer acknowledges having received all the information and advice necessary to take the measure of DELIGEO’s proposal and to ensure the conformity of the Tool to his needs.<\/p>\n
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It is the responsibility of the Customer to ensure:<\/span>\u00a0<\/span><\/p>\n <\/p>\n <\/p>\n It is the Client’s responsibility to verify, in accordance with the practices of his profession, the results obtained using the Tool.<\/span><\/span>\u00a0<\/span><\/p>\n <\/p>\n <\/p>\n These Terms of Service of TCOTREES (hereinafter the “Terms”) are intended to define the Services offered to customers and users of the Tool (“Customers”, “Users”, and together or alternatively “You”). The use of the Tool for any reason whatsoever implies full and unreserved acceptance of these Terms and the Policy of Use and Protection of Personal Data, or that of the Supervisor or the Client on your behalf and for Your account.<\/p>\n <\/p>\n <\/p>\n These Terms of Service take precedence over any other document, including any terms and conditions of purchase of the Customer that contain a clause to the contrary.<\/p>\n <\/p>\n <\/p>\n These Terms of Service of TCOTREES must be read in conjunction with DELIGEO’s Policy for the Use and Protection of Personal Data and may be consulted at any time on the Website (https:\/\/www.deligeo.fr\/en\/<\/a>).<\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n <\/p>\n In these TCOTREES General Conditions of Use, the following concepts shall have the meanings indicated in this article (when\u00a0<\/span>starting<\/span>\u00a0with a capital letter).<\/span>\u00a0<\/span><\/p>\n \u00a0<\/span><\/p>\n “Access Rights”: all contractual rights to\u00a0<\/span>access,<\/span>\u00a0receive and use the Services in accordance with DELIGEO’s technical procedures and protocols under the contract between the parties;<\/span>\u00a0<\/span><\/p>\n “Additional Service (s)”: all the items that the Customer may order in addition to the Basic Offer;<\/span>\u00a0<\/span><\/p>\n “Basic offer”: the standard services that the Customer may use via the Tool and that may be subject to further modifications: visualization of modeling results;<\/span>\u00a0<\/span><\/p>\n “Communication”: any communication sent by DELIGEO by e-mail concerning announcements relating to the Services, administrative e-mails and newsletters;<\/span>\u00a0<\/span><\/p>\n “Consulting Mission”: DELIGEO’s consultancy\u00a0<\/span>mission\u00a0<\/span>as part of a<\/span>\u00a0<\/span>contract separate from the provision of the Tool and Services;<\/span>\u00a0<\/span><\/p>\n \u202f”Customer Information”: the information provided by the Customer for the development of the Order, then their update;<\/span>\u00a0<\/span><\/p>\n “Contract”: means these\u00a0<\/span>Terms of Service<\/span>, the\u00a0<\/span>commercial proposal<\/span>\u00a0and any annexes thereto as well as the purchase order, in whatever form, for the provision of the Services;<\/span>\u00a0<\/span><\/p>\n “Customer Data”: all content, information and data – including personal data – concerning the transport system model, operational assumptions, actual data (non-exhaustive list), entered and downloaded into the Tool by the Customer using the Services, with the exception of the Standard Data Sets provided by DELIGEO;<\/span>\u00a0<\/span><\/p>\n “Customer”: any natural or legal person, as well as any person who orders the Services from DELIGEO and \/ or enters into a contract with DELIGEO in the name or on behalf of this legal entity for the\u00a0<\/span>purpose of accessing the Services and the Tool and \/ or benefits from a User Account allowing access to the results of a Consulting Mission carried out by DELIGEO. Any natural person is considered to be at least 18 years old;<\/span>\u00a0<\/span><\/p>\n “DELIGEO”: the simplified joint stock company “DELIGEO”, having its registered office at 165 rue de la Garonne, 83700 Saint-Rapha<\/span>e<\/span>l<\/span>, France<\/span>;<\/span>\u00a0<\/span><\/p>\n “Documentation”: any documentation provided by DELIGEO concerning the Tool and Services, as well as the Website, including documentation, tutorials, or other, available on the Website;<\/span>\u00a0<\/span><\/p>\n “Duration”: the initial or renewed period during which the Customer may use the Tool and the Services, as fixed when ordering the Services;<\/span>\u00a0<\/span><\/p>\n “Guest User Account”: the user account to which a DELIGEO Guest User has access, through his personal login to use the Tool and Services;<\/span>\u00a0<\/span><\/p>\n “Model”: a digital representation of cost-of-ownership activities, including maintenance, allowing the user to make\u00a0<\/span>prediction<\/span>\u00a0and \/ or\u00a0<\/span>monitor\u00a0<\/span>the realized;<\/span>\u00a0<\/span><\/p>\n\n
1 \u00a0 \u00a0 \u00a0 Definitions<\/h2>\n