Arval Mobility app - User terms and conditions

 

Last updated: October 2022

The purpose of these Terms of Use (hereinafter the "ToU") is to define the terms and conditions of access to and use of the Arval Mobility App Service (including the Application and the Mobility Services) by the Users, as defined below, made available by Arval Belgium NV with its registered office at Ikaroslaan 99, 1930 Zaventem, RLP Brussels VAT BE 0436.781.102 (hereinafter "Arval"), as well as the rights and obligations of the Users.

These ToU are accessible at any time on the Application and shall prevail over any other contradicting version or document.

Users are notified that the Arval Mobility App Service they use is provided to them as part of a service subscribed to by their employer (hereinafter the “Client”).

 

Article 1. Definitions

The following terms, whether used in the singular or plural herein, shall always have the following definition:

• Account: the User’s personal space on the Application with a personal login and password to enable access to and use of the Arval Mobility App Service.
• Application: means the mobile application "Arval Mobility App", the subject of this document, available on iOS (version 11 and later) and ANDROID (version 6.0 and later), and allows Users to use the Arval Mobility App Service.
• Arval Mobility App Service: means the service described herein, i.e. an aggregator of mobility services allowing Users to visualize on a geographical map, book and, as the case may be, pay for Mobility Services for the Users’ Trips.
• Cafeteria Allowance: means an amount, separate from the Federal Mobility Budget, awarded by the Client to its Users according to its internal mobility policy, for their Private Trips only. This amount is awarded by the Client for the Private Trips of its Users and is not attributed to Business Trips. (*) PLEASE NOTE: The User is notified that this functionality is not yet available on the date these ToU are signed but should be available soon.
• Client: means the legal entity that has entered into a contract for the provision of the Solution with Arval, thereby allowing its employees to use the Application and the Arval Mobility App Service as Users.
• Federal Mobility Budget: means the amount enabling the Client, according to its internal mobility policy, to pay a sum, without charges or taxes, to its Users that use the means of transport referred to in the Law of 17 March 2019 on the introduction of a mobility budget (as amended from time to time). This amount is attributed by the Client for its Users’ Private Trips. (*) PLEASE NOTE: The User is notified that this functionality is not yet available on the date these ToU are signed but should be available soon.
• Mobility Partners: means providers (Arval or third-party providers) whose mobility services are offered via the Application.
• Mobility Services: means the combination of solutions allowing to complete a Trip accessible via the Application and provided by Arval or the Mobility Partners to the User from his Account.
• Optimile: means the partner of Arval, who supports the Solution and who pays directly the Mobility Partners.
• Partner: means any third party who offers services that are embedded in, available on or connected to Arval Mobility App, such as, without limitation, the Mobility Partners, payment solution providers, Social Secretariats.
• Personal Data: means “any information relating to an identified or identifiable natural person; an ‘identifiable natural person’ is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
• Personal Data Regulations: refer collectively to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data (hereinafter referred to as the "GDPR") as from 25 May 2018 as well as the Belgian implementation thereof (Law of 30 July 2018).
• Professional Budget: means the budget allocated by the Client to the User in the Solution for purposes of the User’s Business Trips.
• Solution: means the intelligent urban mobility software solution provided by Arval and comprising a platform accessible by the Client and the Application made available to Users. For the avoidance of doubt, the concept of the Solution does not include the Mobility Services, which are provided by Mobility Partners under their responsibility.
• Trip: means the Trip made by a User using a Mobility Service on the Application. These Trips are divided into the following categories:
  • “Business Trip”: a journey made by a User for business purposes, during its working hours;
  • “Private Trip”: a journey made by a User for private purposes.
• User: means any natural person accessing the Application who is authorised by the Client to use the Application and Arval Mobility App Services in accordance with article 3, below, and who is employed by the Client.
• “Wallet”: the virtual budget(s) allocated to a User for purposes of the Professional Budget, Federal Mobility Budget and / or Cafeteria Allowance within the Solution in accordance with the Client’s mobility policy.

 

Article 2. Acceptance of the ToU

2.1 Purpose of the ToU and the Arval Mobility App Service

The Arval Mobility App Service is an aggregator of Mobility Services allowing Users to visualize on a geographical map, book and, as the case may be, pay for Mobility Services, if applicable, for professional and / or private use. In addition, the Arval Mobility App Service allows Users to use the Application to determine the appropriate Trip to reach the desired destination, to be guided along the Trip and to be informed of events that occur on the Trip (e.g. traffic jams, accidents, etc.).

 

2.2 Acceptance of the ToU

The ToU constitute an agreement between the User and Arval. Access to the Arval Mobility App Service and the Application is subject to the express and unreserved acceptance by the User of the ToU. Failure to accept the ToU will result in the User being unable to access and use the Application and the Arval Mobility App Service.

Arval reserves the right to amend and / or update the ToU at any time without notice. Amendments will come into force as soon as they are uploaded to the Application and accepted by the User. The ToU are available on the Application at any time in the Application settings. Users are informed and accept that they may no longer use the Application without accepting any amendments to these ToU which may be provided to them by Arval.

In the event that a provision of the ToU is null and void due to a change in legislation or regulations, or is declared as such by a final court decision, this shall not affect the validity of and compliance with the other provisions of the ToU.

For the avoidance of doubt, these ToU are not applicable to the Mobility Services, which remain subject to the contractual documentation specific to them.

 

Article 3. Access to and use of the Application and Mobility Services

3.1 Conditions of access to the Application by the User

Before a User can access the Application, the Client with which he is associated must provide Arval with a list of its employees who are authorised to use the Arval Mobility App Service and the Application.

Based on the information provided by the Client, each User receives an e-mail at the address indicated by the Client, inviting him to log into the Application. After the setup of his password, the User can access the Application (the personal login and password are referred to hereinafter as the “Access Codes”).

Each User authorised and invited by his employer may create his Account by (i) logging into the Application, (ii) entering his Access Codes, (iii) providing the required information, (iv) agreeing to these ToU and (v) acknowledging the Arval Mobility App Data Protection Notice. The information provided must be accurate and truthful, and must be updated by Users if necessary.

The User undertakes to create only one Account corresponding to his profile.

 

3.2 Responsibility for the login parameters

User Access Codes are personal and confidential. The User undertakes to keep them secure and not disclose them to third parties, including other Users, for any reason, in any way and in any form whatsoever.

The User undertakes to inform in writing the Client and / or Arval immediately of any unauthorised use, loss or theft of his Access Codes, and / or of any attack on the security of the Application.

 

3.3 Minimum system requirements

Access to and use of the Application requires that the User first has the following hardware and software: a smartphone running an iOS (version 12.4) or Android (sdk version 21) operating system. Arval may under no circumstances be held liable in the event that it is impossible and / or difficult to access and / or use the Application if the User does not have the minimum system requirements. All costs relating to the User’s hardware and software required for access to and use of the Application, whether they be hardware, software or internet access costs, shall be borne exclusively by the User and / or the Client that employs him.

 

3.4 Access to and use of the Arval Mobility App and of Mobility Services

Firstly, it is specified that each Mobility Service is provided by the Mobility Partner concerned, under its sole responsibility.

Via the Application, the User has access to several Mobility Services offered by the Mobility Partners, according to the settings previously made by the Client for the Users’ mobility purposes.

In particular, the Application allows the User to:

• create and manage his Account; If he wishes, locate himself via GPS, in order to more easily target the Mobility Services available around him and to identify the departure point when searching for a route
• search for a route, which may be multimodal, between a departure and arrival point
• choose, book and start a Trip
• pay the Mobility Partners in accordance with the terms set out in article 3.4.2 below
• register mobility expenses (for mobility services outside the Application) and upload proof of payment
• be notified of developments, improvements and new features in the Arval Mobility App Service, the Application and Mobility Services
• keep a Trip history
• review his invoices (for certain Services if payment is made via the Application)
• send comments and complaints.

 

Services based on the User's location: some functionalities of the Arval Mobility App Service use location information in the form of GPS signals sent by the User’s mobile device on which the Application is installed, if the User allows this. This information is processed as described in Arval Mobility App Data Protection Notice (see Article 8). The User is informed that without this information, certain functionalities of the Arval Mobility App Service cannot be provided, or only to a limited extent.

 

3.4.1 Acceptance of Mobility partners and mobility providers terms and conditions

If mobility services for a Trip are selected with a Mobility Partner within the Application, the User will be asked to accept the Mobility Partner's terms and conditions of use, which will be communicated to him before he can proceed with the booking of the Trip. Any refusal of these terms and conditions of use prevents the Mobility Partner from providing the requested Mobility Service.

If the mobility services for a Trip are selected with a mobility provider outside of the Application, the User will need to book and pay the ticket himself via the means offered by such mobility provider, while being in a position to upload his expense in the Application.

 

3.4.2 Payment and invoicing of the User or Client

The provision of the Application is not invoiced by Arval to the User. Nevertheless, the Mobility Services used by Users via the Application, remain subject to the financial and pricing conditions established by the Mobility Partners.

(i) Payment and Invoicing of mobility services

The payment for the mobility services used by the User is made as follows :

• when the User uses Mobility Services which are offered by Mobility Partners via the Platform, payment is made via the direct payment solution provided for by Optimile, or
• when the User uses mobility services outside the Application (i.e. offered by mobility providers which are not Mobility Partners), payment is made by the User directly to such mobility provider (outside the Arval Mobility App Application) under the control and sole responsibility of such mobility provider.

 

(ii) Professional Budget, Federal Mobility Budget and Cafetaria Allowance

The Client may have granted its Users a Professional Budget, Federal Mobility Budget and / or a Cafeteria Allowance via the Application. The Client is solely responsible for the management of the Wallets of each User.

For more information about accessing the Professional Budget, the Federal Mobility Budget and / or the Cafétaria Plan Allowance, please contact your employer.

When booking a Trip, the User will select the Wallet(s) against which the cost of the Trip should be accounted for (Professional Wallet, Federal Mobility Budget Wallet and / or Cafeteria Allowance Wallet) as applicable. A combination of different types of Wallet can be used per Trip, if a Trip consists in a number successive partial Trips or a combination of mobility solutions offered by various Mobility Providers. However, if a Trip (or partial Trip) consists in one journey with just one Mobility Provider, then such Trip cannot be charged against more than one type of Wallet.

If there are insufficient funds in a User’s Wallet within respectively the Professional Budget, the Federal Mobility Budget or the Cafeteria Allowance to pay for a Mobility Service selected by a User, the User can select another Wallet if authorised; If none of the User’s Wallets has individually sufficient funds to pay of the Mobility Service selected, the User shall not be allowed to order the Mobility Service selected through the Application. In such case, such User will need to book the Trip and pay for it directly from the mobile application of the Mobility Provider or chose another Wallet to the extent such Wallet is sufficiently funded and appropriate for the Trip at stake. No cash advance will be provided via the Application for the payment of Mobility Services should there be insufficient cash in the User's Federal Mobility Budget and / or Cafeteria Plan Allowance.

 

(iii) Recording expenses - Reimbursement of expenses

The User will have the facility via the Application, to add in the Application his expenses incurred for mobility services with mobility providers outside the Application for purposes of reimbursement by the Client to the User and / or documentary proof purposes. Such applies:

• for expenses relating to purely private Trips, by charging the expense, via the Application, to the Federal Mobility Budget or the Cafeteria Allowance (when applicable); or
• for expenses relating to business-only Trips, according to the Client’s expense claim management policy.

When recording his expenses, the User must select, from a list of expenses authorised by the Client, the types of services and products included under the “add expense” function, and which may be reimbursed.

These expenses may be reimbursed to the User by the Client, after submission of the expenses in the Application (or otherwise, as agreed between the User and the Client). Once the instant payment module is released (estimated date : October 2022), at such point in time all these expenses will be reimbursed to the User instantaneously (i.e. upon payment by the User of the mobility provider) by Optimile, subject to (i) validation of such expenses by the Client (manually or by automated means) and (ii) the bank-account of the User registered in the platform, supports instant payments (lacking such, the reimbursement will take place by regular wire transfer).

Only expenses relating to a mobility product and / or service eligible for an expense claim, Federal Mobility Budget and / or Cafeteria Allowance shall be added by the User. The User must also provide documentary proof (e.g. invoice).

Whether an expense qualifies for a reimbursement, and / or is validated and reimbursed by the Client to the User, is entirely the Client’s decision. Neither Arval nor Optimile can be held liable for a lack of validation and / or reimbursement hereof by the Client.

For the list of mobility services eligible for reimbursement, please contact your employer.

The information provided in this way by the User to Arval is deemed to be accurate and honest. Arval shall neither verify the Client’s internal mobility rules nor carry out an individual and detailed check on each expense recorded and it may not be held liable should false information be provided or if there are errors or misappropriation of any kind whatsoever by the User and / or the Client in relation to the recording expenses functionality.

 

(iv) Recovery by the Client from the User

If the Client assesses, according to its internal policy, that the cost of a Trip was unduly allocated to a User’s Wallet, or that a Trip does not qualify for reimbursement of an expense, the Client is entitled to claim or recover the cost of the Trip directly from the User according to its internal policy. 

 

3.5 Arval Mobility App Service and Application availability

Arval undertakes to use its best endeavours to ensure continuous access to the Arval Mobility App Service, except in the event of unavailability and / or limitation due to maintenance operations (in particular, for updates, corrections, improvements and / or modifications of any kind whatsoever to the Application and / or the Arval Mobility App Service) or in the event of force majeure, an external event or as a result of a third party.

Arval shall have the option to suspend, limit and / or interrupt access to and / or operation of the Arval Mobility App Service ipso jure and without notice if the Client does not comply with its obligations, and in particular if the Client does not pay any amount it owes to Arval.

Arval does not make any commitment or grant any guarantee in relation to the Mobility Services of the third party Mobility Partners, which remain solely responsible for those Mobility Services.

 

Article 4. Proper use of the Solution

As part of the Arval Mobility App Service, the User may use the Application and the Mobility Services as part of his professional activity, but also for the purposes of their private Trips.

The User undertakes to use the Arval Mobility App Service, the Application and the Mobility Services, in accordance with the ToU, in compliance with applicable laws and regulations, and in conformity with the terms and conditions of the Mobility Partners as accepted by the User.

In particular, it is strictly forbidden to use the Arval Mobility App Service, the Application and the Mobility Services in the following manner and / or for the following purposes:

• to cause interference to the Application or to access it using a method other than that provided for in the ToU and in the instructions made available to them
• in the pursuit of illegal, discriminatory or fraudulent activity or activity that jeopardises the rights or security of Arval and / or third parties
• to breach public order or to violate applicable laws and regulations
• to assist or induce, in any form and in any way whatsoever, one or more of the acts described above
• and more generally any practice that diverts the Arval Mobility App Service and the Application to purposes other than those for which they were designed.

As regards use of the Arval Mobility App Service and the Application in a professional context, the User is informed that this may be subject to internal company rules specific to the Client, the details of which shall be communicated to the User by the Client. Similarly, some Mobility Services may not be available as a result of the rules chosen by the Client.

Furthermore, depending on the Client’s choices and settings, some features may not be accessible by the User (in particular: Cafeteria Allowance, Federal Mobility Budget and / or expense recording).

 

5.1 Notifying Arval in the event of an incident

The User undertakes to notify Arval immediately of any anomaly, malfunction, incident, slowdown and / or any difficulty of any kind (hereinafter the "Incident") in all or part of the Arval Mobility App Service and / or the Application as soon as he / she becomes aware of it. 

As necessary, the User must notify Arval of the Incident via the support page available on the Application. The Incident must be described by the User in an accurate and documented manner.

 

5.2 Technical support for the User

Arval provides electronic support to the User in relation to Incidents. Contact details for technical support can be found at the support page of the Application. Arval shall make every effort to respond to the User’s request within a reasonable period of time.

 

5.3 Maintenance and development of the Arval Mobility App Service

Arval is likely to carry out corrective, preventive and ongoing maintenance of the Arval Mobility App Service and / or the Application. The User is informed that Arval’s interventions may make all or part of the Arval Mobility App Service and / or the Application temporarily unavailable. Arval will make every effort to carry out this activity outside working hours and to notify the User in advance if possible.

Arval also reserves the right to notify its Users of developments and improvements to the functionalities of the Arval Mobility App Service and the Application, in compliance with the Personal Data Regulations. The User has the right to object to them under the conditions set out in the Arval Mobility App Data Protection Notice as referenced in article 8 of these ToU.

 

Arval may only be held liable by the User hereunder for material damage and losses directly attributable to Arval resulting from a failure on its part to comply with these ToU for the provision of the Arval Mobility App Service, excluding the Mobility Services. Consequently, under no circumstances may Arval be held liable for indirect damages or losses (including loss of turnover, loss of customers, loss of profit, loss of opportunity and / or loss of data) or for unforeseeable damages or losses.

Since access to the Arval Mobility App Service is provided to the User free of charge, Arval’s liability towards the User under these ToU, for all causes of damage combined, is limited to the amount paid to Arval by the Client in accordance with the Arval Mobility App terms and conditions signed by the Client and by Arval during the twelve (12) months preceding the occurrence of the disputed damage.

The User is solely responsible for:

• the use the User makes of the Arval Mobility App Service, the Application and the Mobility Services
• the integrity, accuracy and quality of the data he provides
• his Access Codes, particularly in the event that they are lost, stolen or forgotten
• the proper functioning, security and any hardware and / or software measures he takes to protect his own equipment (such as anti-virus software installed on their smartphone, etc.)
• any third-party software and / or content on his equipment.

Arval may under no circumstances be held liable for improper use of the Arval Mobility App Service, the Application or Mobility Services, for the content of the information provided by the User and / or the Client that is incorrect, false or misleading, for non-compliance by the User and / or the Client with the ToU or applicable legislation and / or regulations, or for any resulting damage.

Arval assumes an obligation of means in the execution of these ToU. Arval does not guarantee that the Arval Mobility App Service will function continuously and uninterruptedly, nor that it is free from errors or security flaws.

The User acknowledges that Arval remains free to correct and / or modify the Arval Mobility App Service and / or the Application at any time and without notice, without this correction and / or modification giving rise to any right of recourse on the User's part.

Arval cannot be held liable, in general terms, in any case where non-performance or incorrect performance of the ToU results from a case of force majeure, an act of God beyond its control, or due to facts attributable to a third party and / or facts attributable to a User.

By way of exception, the above limitations shall not apply (i) in the event of intentional misconduct or gross negligence by Arval, (ii) in the event of bodily injury occurring while the User is making proper use of this Arval Mobility App Service and the Application and resulting of a negligent act or omission by Arval, and (iii) in the event of a claim for which the limitation of liability is prohibited by legislation.

It should be noted that the Mobility Services provided by Mobility Partners other than Arval are provided to Users under the sole responsibility of those Mobility Partners in relation to their respective services. Arval, and Optimile are solely facilitators in planning, booking and paying such Mobility Services provided by Mobility Partners. Neither Arval, nor Optimile, shall be liable for the modification of prices of the Mobility Services by the Mobility Partners, for the unavailability, interruption, delay, or other issues with the Mobility Services, or, in general, for the service level quality in the broadest sense of the Mobility Services.

The User is liable for any damage resulting from his non-compliance with applicable laws and / or with the terms and conditions of the Mobility Partners as accepted by the User. The User shall fully indemnify and hold Arval and Optimile, harmless against any claim, liability, damage, loss, cost or expense, resources and / or sanction arising from or in relation to the User’s use of the Mobility Services.

 

Article 7. Intellectual property

7.1 Right to use the Arval Mobility App Service and the Application

Arval grants Users the right to use the Arval Mobility App Service and the Application for their professional and private needs, but not for any lucrative use and / or use that contravenes these ToU, for the duration of the agreement entered into by the Client with which they are associated, unless the Client asks Arval for the User to no longer be authorised to use the Arval Mobility App Service and the Application.

This right is personal, non-exclusive, unassignable, non-transferable and limited exclusively to the use of the Arval Mobility App Service and the Application in accordance with their purposes and in compliance with the ToU, for the aforementioned duration.

The Arval Mobility App Service and the Application is reserved for use in Belgium.

 

7.2 Intellectual property rights to the Solution

Under this article, the term “Solution” means the combination of the technical device and the software through which the Arval Mobility App Service is provided, and which consists of (1) the platform management system accessible to the Client’s administrator and (2) the Application made available to Users. For the avoidance of doubt, the concept of the Solution does not include the Mobility Services, which are provided by Mobility Partners under their responsibility.

The Solution, including its source codes and architecture, the Arval Mobility App Service, the Application, the Mobility Services, all content included in the Solution (including but not limited to text, images, interfaces, etc.), as well as the names, signs and logos used to designate the Solution, the Arval Mobility App Service and the Application and the Mobility Services (hereinafter referred to as the "Protected Elements") are protected by intellectual property rights (such as, in particular, copyright, patent law, trademark law, database producer law, and any other existing or future Belgian and international intellectual property rights) and belong to Arval, its suppliers or Mobility Partners.

The use of the Arval Mobility App Service and the Application does not in any way confer on the User a right of any kind in terms of intellectual property relating to the Protected Elements, with the exception of the right of use referred to in article 7.1 above.

It is strictly forbidden to represent, reproduce and / or exploit the Protected Elements, in whole or in part, in any form and by any means whatsoever, without the prior written consent of Arval or of their owners. In particular, the User undertakes not to copy, modify, assemble, decompile, alter, sell, lease, lend, disseminate, distribute, extract or transfer all or part of the Solution, the Arval Mobility App Service, the Application and / or the Mobility Services, create works derived therefrom, or authorise a third party to commit such acts, without the prior written consent of Arval or of their owners.

Failure to comply with the provisions of this article constitutes an infringement of the intellectual property rights of Arval, its suppliers and / or the Mobility Partners.

Arval reserves the right to take any action, including legal action, to stop an infringement of its intellectual property rights, and also reserves the right to seek damages and interest in the event of such an infringement, particularly in the event of counterfeit of all or part of the Protected Elements.

The User is made aware that the information and data contained in its Account and generated by its use of the Arval Mobility App Service and the Application may be shared with the Client with whom the User is associated, in accordance with the conditions provided, particularly under the Arval Mobility App Data Protection Notice as referenced in article 8, below which the User expressly accepts.

 

7.3 Intellectual property rights in relation to the Solution databases

The databases that Arval develops in the context of the execution of the Arval Mobility App Service, the Application and / or Mobility Services shall be the exclusive property of Arval simply because Arval has made the necessary investment (be it significant financial, material or human) to set up, verify or present them. In this respect, the User agrees that Arval is the holder of all intellectual property rights that may be attached to the databases contained in the Application, and in particular copyright and database producer rights provided for in sections 5 and 7 of Book XI of the Code of Economic Law.