Terms and Conditions of Use

These terms and conditions of use apply to all websites (hereinafter referred to as the “Site”), applications (hereinafter referred to as the “Application”), and/or their localized versions published by Manufacture Française des Pneumatiques Michelin, as indicated below:

TruckFly JobBoard by Michelin

The TruckFly JobBoard by Michelin website is owned and operated by Manufacture Française des Pneumatiques Michelin, a simplified joint-stock company with a capital of 504,000,004 euros, registered under number 855 200 507 RCS Clermont-Ferrand, with its headquarters at Place des Carmes Dechaux, 63040 Clermont-Ferrand Cedex 9 (“we”). Michelin group companies have their own legal existence and operate independently. However, for simplicity in the communication of the information presented on this Site, the following terms may be used: “Michelin,” “Group,” “Michelin Group,” and “we”; these terms refer to all Michelin group companies that conduct their activities independently. The term “You” used in these terms and conditions (the “Terms”) refers to all users of the Application and/or the Site. These Terms set forth the legal framework governing access to and use of the Application and/or the Site. Access to and use of the services offered by the Application and/or the Site are subject to acceptance of the Terms in effect at the time of accessing the Application and/or the Site, which may be modified at any time by Michelin. By accessing and using the Application and/or the Site, you automatically agree to these Terms, as well as any modifications in effect at the time of your access or use of the Application and/or the Site, and acknowledge that such acceptance has the same legal value as an express written agreement. If you do not accept the Terms, you may not access or use the Application and/or the Site. We encourage you to carefully read these Terms, as well as the Privacy Policy, before using the Application and/or the Site. We recommend reviewing the Terms before each use of the Application and/or the Site.

Service Overview

The TruckFly JobBoard by Michelin website is an online platform that connects Companies/employers with Candidates, allowing for:

• Job search and posting
• Applying to job offers on the site
• Creating a job search alert

To post or apply for a job offer, it is necessary to create an account, either as a “Company” or as a “Candidate.” Creating an account is free. However, Candidates are not required to create an account to access and view job offers. Applying for a job offer allows the Company that posted the offer to access the Candidate’s profile and information provided by the Candidate, to which the Candidate expressly consents. It is the Candidate’s responsibility to verify the validity and accuracy of the information provided. Michelin cannot be held responsible in this regard. Based on the information provided by the Candidate, the Company or Employer may contact the Candidate. However, this is only a possibility and not an obligation for the Company or Employer to contact the Candidate. Michelin is not liable if the Company or Employer does not contact the Candidate. Additionally, Michelin does not verify or check the identity of the Company or Employer that posted the job offer (nor the individuals working for the Company or Employer). Michelin does not guarantee the validity or legality of the job offers posted on the TruckFly JobBoard by Michelin site. Therefore, Michelin advises Candidates to investigate job offers and the identity of the Company or Employer before applying. Michelin cannot be held responsible in this regard.

Access to the Site

The site is accessible from any device with an Internet connection.

Use of the Application and/or the Site

Permitted Use. As long as you accept and comply with these Terms and unless terminated by us, we grant you a non-exclusive, non-transferable, free, and revocable right to access and use the Application and/or the Site solely for personal use. Prohibitions. (i) Any reproduction, representation, exploitation, adaptation, or translation of the Application and/or the Site or any of their content, in whole or in part, for any other purpose on any medium; (ii) any total or partial extraction of the Application and/or the Site and/or their content, or any creation of derivative works from the Application and/or the Site and/or their content; (iii) any reverse engineering, decompiling, disassembling, or transformation in any way of the Application and/or the Site’s object code into source code; (iv) any distribution, sublicense, assignment, sharing, sale, rental, or loan of the Application and/or the Site or the right to use them; (v) any removal or modification of copyrights, trademarks, or other intellectual property rights related to the Application and/or the Site owned by us or our licensors; and (vi) any use of the Application and/or the Site for purposes other than those expressly authorized by these Terms, is prohibited. Availability and Accessibility. We are committed to making the Application and/or the Site accessible at all times, but we cannot guarantee continuous or error-free service. We reserve the right to modify any part of the Application and/or the Site at any time, including, by way of example, the right to delete, modify, and/or vary the elements, features, and functionalities of the Application and/or the Site. You acknowledge that you can use the Application and/or the Site only if your device is connected to the Internet. The connection costs for accessing the Application and/or the Site are subject to the terms and conditions agreed upon with your Internet service provider. You also understand the inherent risks of using the Internet, including, but not limited to, temporary unavailability of the Application and/or the Site, risks related to privacy or data security, and cyberattacks. Except for our rights and remedies, we reserve the right to temporarily or permanently suspend your access to the Application and/or the Site at any time without notice if you violate any provision of these Terms. If we believe you are using the Application and/or the Site illegally and/or without authorization, we reserve the right to take any measures we deem necessary, including terminating the agreement without notice and, in the case of illegal use, initiating legal action.

Duration and Termination

As long as you use the Application and/or the Site, these Terms apply between you and us. We may terminate these Terms at any time and prevent you from accessing the Application and/or the Site. Upon termination of the Terms, for any reason, the rights granted to you under these Terms cease, and you are no longer authorized to use the Application and/or the Site.

Intellectual Property

The Application and/or the Site and their content are protected by intellectual property rights, including copyrights and trademarks, which are our exclusive property and/or the property of our licensors. These Terms should not be interpreted as transferring ownership of the Application and/or the Site to Users. All rights related to the Application and/or the Site not expressly granted to Users are reserved to us. The data related to points of interest collected and made available to users of the Application and/or the Site for consultation constitutes a database, of which Michelin is the producer and owner. This database content is therefore protected by copyright law and the provisions of French Law No. 98-536 of July 1, 1998, on the legal protection of databases, which implements Directive 96/9/EC of March 11, 1996.

User/Third-Party Content

The Application and/or the Site may contain content created by users (User-Generated Content, or UGC) or by third parties, such as addresses, opening hours, services. We are not responsible for such content and do not necessarily endorse the opinions expressed by such content publishers. You are solely responsible for your UGC and may be legally liable. Third-party content is the sole responsibility of such third parties, and its accuracy and completeness cannot be guaranteed. You acknowledge that by allowing you to view and distribute content through the Application and/or the Site, we do not assume any obligation or responsibility regarding the content. Michelin and its executives, employees, and shareholders do not assume any obligation to monitor inappropriate or illegal content on the Application and/or the Site and are not responsible for such content for any reason. Notwithstanding the above, we reserve the right to block or remove certain content at any time. Users are required to only post legal content that does not violate, limit, or infringe rights. In relation to each of your posts, you guarantee that (i) you own all necessary licenses, rights, consents, and permissions to use and authorize Michelin to use all applicable copyrights, trademarks, and other intellectual property rights in such posts, and (ii) you have obtained the written consent or authorization of all identifiable persons in each post to use the name and image of such persons in accordance with these Terms. You also agree not to: (i) post content protected by copyrights, trademarks, or other rights, including intellectual property rights and privacy rights, unless you are the owner of such rights or have obtained the rights holder’s consent to post the content and grant us the above rights; (ii) post false or misleading content that may harm us or third parties; (iii) post content that is illegal, immoral, obscene, defamatory, threatening, pornographic, pedophilic, revisionist (Holocaust denial), intimidating, hateful, racist, offensive, incites political, racial, or xenophobic violence, violates the law, or is otherwise inappropriate; or (iv) post advertisements or commercial solicitations. If you post multimedia content, Michelin will not publish it elsewhere without your consent, except as provided in these Terms. However, other users may copy or download any content posted on the Application and/or the Site. By posting UGC on the Application and/or the Site, you authorize Michelin to use the posted content for free, worldwide, and on any medium for a period of three (3) years from the date of the first publication. You authorize Michelin, at its discretion, to use UGC (images, photos, videos) you have posted to communicate about the Application and/or the Site and Michelin’s activities, as well as to make necessary changes to the content, respecting your image and the integrity of the content (under Article L 121-1 of the French Intellectual Property Code). This license allows Michelin to host, store, reproduce, publicly communicate, modify, adapt, translate, digitize, use for advertising, commercial, or non-commercial purposes, and sublicense to third parties the rights necessary for the use of the content. You agree not to sue Michelin for copyright infringement, defamation, or any other claim related to the use of your UGC in accordance with these Terms. Michelin is not responsible for UGC posted by other users. However, if Michelin is informed that UGC is illegal or contrary to these Terms, it will be removed from the Application and/or the Site.

Hyperlinks

Hyperlinks to other websites are included solely for informational purposes. Michelin does not control the content of these websites and is not responsible for the content or materials published on them, nor for any losses or damages that may arise from the use of these hyperlinks. If you use these hyperlinks, you are leaving the Michelin group website and doing so at your own risk. Michelin is not responsible for the availability of these websites and cannot be held liable for content, advertising, products, services, or other materials available on or through these websites. You may link to the Application and/or the Site, provided that it is done in a fair and lawful manner and does not damage or exploit our reputation. You must not create a link that suggests any form of association, approval, or endorsement by us where such association does not exist. You must not create a link to the Application and/or the Site on a website that is not your property. We reserve the right to revoke the linking authorization at any time without notice. The website from which you link must comply with the content standards set out in these Terms. If you wish to use the content of our Application and/or Site in a manner other than as outlined above, please contact us.

Privacy Policy and Data Protection

We take our users’ privacy seriously. Please review our Privacy Policy, available on our website, for information on how we collect, use, and disclose your personal information.

Applicable Law and Jurisdiction

These Terms are governed by and interpreted in accordance with the laws of France, without regard to conflict of law principles. Any dispute arising from or related to these Terms or the use of the Application and/or the Site will be subject to the exclusive jurisdiction of the courts located in the Paris Court of Appeal district.

Contact Information

If you have any questions or concerns about these Terms or the Application and/or the Site, please contact us at: TruckFly JobBoard by Michelin Manufacture Française des Pneumatiques Michelin Place des Carmes Dechaux 63040 Clermont-Ferrand Cedex 9 France By accessing and using the Application and/or the Site, you acknowledge that you have read, understood, and accepted these Terms.

Last Updated: 01/02/2022