Mentions légales
Welcome to the www.waykonect.com website. By logging in or using our website, you acknowledge that you have read, understood, and accepted, without limitation or reservation, these general terms and conditions of use and our data privacy and cookies policy. Please note that if you visit other sites of the Total group, other general terms and conditions and data privacy policies are applicable on these sites, and we recommend that you consult them.
1. Identity
Site Publisher, hereinafter the "Company": TOTAL Marketing France
Registered Office: 562 Avenue du Parc de l'Île - 92000 Nanterre - France
Company type: Simplified Joint Stock Company under sole ownership (SASU)
Share capital: €390 553 839
Trade and Companies Register: RCS NANTERRE 531 680 445
Phone: 09 77 40 53 69 (price of a local call)
Publication Manager: Christophe LOSSOIS
Publication Editor: Mikael DE KETELAERE
Website technical design and development:
TOTAL MARKETING SERVICES
Limited liability company (SA)
Share capital: €324 158 696
Registered office: 24 Cours Michelet - 92800 Puteaux
Trade and Companies Register: RCS NANTERRE 542 034 921
Website hosting:
OVH
Simplified joint-stock company (SAS)
Share capital: €10 069 020
Registered office: 2 rue Kellermann - 59100 Roubaix - France
Trade and Companies Register: RCS Lille Métropole 424 761 419 00045
APE Code 2620Z
VAT N°: FR 22 424 761 419
Siège social : 2 rue Kellermann - 59100 Roubaix - France
The companies of the Total group have their own legal existence and autonomous legal personality. The Company that created this website belongs to the Total group. The terms “Total” and “Total group” are sometimes used for practical reasons and generally refer to TOTAL S.A. (the holding company) and/or its subsidiaries. Similarly, the terms “we” or “our” refer to the Company or any other company in the Total group in general. From the mere use of these expressions, there can be no inference of any implication of TOTAL S.A., nor of any of its subsidiaries, in the business or management of another company of the Total group.
2. Information about Company activities
The Company has put this website online in order to introduce you to some of the activities of the Company, and as the case may be, to other activities of the Total group. The information is provided in a context of general information, with no guarantee as to its suitability of use for a particular need. The Company may change and update this information, at any time and without prior notice.
3. Intellectual Property
3.1. Principle All information or documents (text, still or animated images, databases, sounds, photos, know-how, products mentioned) contained in the website, as well as all elements created for the website and its general structure, are either the property of the Company or of Total group, or are subject to rights to use, duplicate and communicate to the public that have been granted to these entities. This information, documents and items are subject to laws protecting copyright insofar as they are made available to the public on this website. No license or any right other than to view the website has been granted to any party with regard to intellectual property rights. Documents from the website may be duplicated for information purposes only and for personal and private use. Any duplication or use of copies made for other purposes is expressly prohibited and subject to the prior and express authorization of the Company. In all cases, the authorized duplication of information stored in this website must indicate the source and properly identify ownership.
3.2. Distinguishing signs. Unless otherwise stated, corporate names, logos, products and trademarks listed on this website are the property of the Company or of Total group, or are subject to rights to use, duplicate or communicate to the public which have been granted to these entities. They may not be used without prior written permission of the Company.
3.3. Databases. Any databases made available to you are the property of the Company, in its capacity as database producer. You may not extract or reuse a qualitatively or quantitatively substantial portion of the databases, including for private purposes.
4. User Undertakings
4.1. 4.1. Each website user who provides information grants the Company all transferable rights relating to this information, and authorizes the Company to use it. Information provided by users will be deemed non-confidential. However, where the information provided is personal data as defined by applicable law, this information shall be processed in accordance with our Data Privacy and Cookies Policy applicable to this website.
4.2. Each website user certifies that he or she is compliant with these general terms and conditions of use and with the laws in force, and specifically:
- has the necessary competence and means to access and use the website;
- has verified that the IT resources used contain no viruses and are in perfect working order;
- grants the Company and, where applicable, its partners, the right to use information provided that is not personal data;
- undertakes to keep confidential and is consequently liable for the use and security of access codes and passwords that the Company may send you to access certain sections. The Company reserves the right to suspend your access to the website in the event of fraudulent use or attempts at fraudulent use of said access.
5. Hyperlinks
5.1. Activating links. The Company formally declines any liability as to the content of websites to which it provides links. These links are offered to users of this website. Please refer to the general terms and conditions and the data privacy and cookies policy for these websites in order to understand their practices. The decision to activate the links is made solely by the website users. The Company may modify or delete a link on our website at any time.
5.2. Link authorization. If you wish to create a link to this website, you must obtain the Company's prior written authorization by using the contact details provided at the end of this document.
6. Formal notice
6.1. The information and recommendations available on this website (“Information”) are provided in good faith. They are considered to be correct at the time they are published on the website. However, the Company does not guarantee that this information is exhaustive or accurate. You entirely assume the risks that are related to the credit you attach to this information. This information is provided under the condition that you or any other person receiving it would be able to determine its interest for a specific objective before using it. Under no circumstances will the Company accept liability for injury arising from reliance on said information. The Information shall not be deemed a recommendation to use information, products, procedures, equipment or formulas contravening a patent, copyright or registered trade mark. The Company declines any explicit or implicit liability in the event that use of the information contravenes a patent, copyright or registered trade mark.
The Company and any company within the Total group, categorically rejects any interpretation which may assimilate the content of its websites to purchase offers or incitements to acquire shares or other listed or unlisted negotiable securities of the Company or any other company of the Total group. No explicit or implicit guarantee is given regarding the commercial nature of the information provided or its suitability for a given purpose as well as the products to which said information refers. Under no circumstances does the Company undertake to update or correct the information disseminated on the Internet or on its web servers. Similarly, the Company reserves the right to amend or correct the content of its website at any time without prior notification.
6.2. The documents presented on this website may contain forward-looking statements concerning the Group (including objectives and trends), as well as forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995, relating in particular to the financial position, operating results, activities and industrial strategy of TOTAL. This data does not constitute forecasts within the meaning of European regulation No. 809/2004.
The information and forward-looking statements contained in these documents are based on economic data and assumptions developed within a given economic, competitive and regulatory context. They may prove inaccurate in the future and are dependent on risk factors that are likely to result in a significant discrepancy between actual and envisaged results, such as currency fluctuations, oil product prices, the ability to achieve cost reductions or efficiency gains without undue disruption of operations, environmental regulatory considerations and general economic and financial conditions. Likewise, some financial information is based on estimates, particularly in the assessment of the recoverable value of assets and potential impairment of assets.
Neither TOTAL nor any of its subsidiaries assumes any obligation or responsibility vis-à-vis investors or any other stakeholder to update or revise all or part of any forward-looking statement or information, objectives or trends contained in these documents whether as a result of new information, future events or otherwise. Additional information on factors, risks and uncertainties that may affect the Group's financial results or activities is also available in the most up-to-date versions of the Registration Document filed by the Company with the French Autorité des Marchés Financiers and Form 20-F filed by the Company with the United States Securities and Exchange Commission (SEC).
6.3. The Company does not guarantee, without this list being exhaustive, that the website will operate without interruption and that the servers ensuring access to it and/or that third party sites to which links refer do not contain viruses.
7. Updates of terms and conditions of use of the website and applicable law
The Company may update these terms of use at any time. Consequently, you are invited to refer regularly to the latest terms of use in effect. These general terms of use are subject to applicable laws and fall within the jurisdiction of the competent courts.
8. Contact details
For any questions regarding the terms of use of the website, please contact us by email using the contact form at any time, online, in the FAQ & Contact section of this Website (https://www.total.com/en/privacy), or by letter posted to the following address: TOTAL MARKETING FRANCE – Service Consommateurs - 86982 Chasseneuil - Futuroscope Cedex - France.
9. Photo and video credits:
Istockphoto, WayKonect
10. Information on products and services
The products and services presented to you are not an offer to sell, with the exception of the products offered on the Website’s e-shop, but a general presentation of the range of products and services distributed by the Site Publisher or its subsidiaries. Consequently, all these products and services are only available in Metropolitan France. If you wish to know if they are distributed in other countries, we invite you to contact the subsidiary or affiliate of the Site Publisher in the relevant country. Under no circumstances will the Site Publisher or its subsidiaries or affiliates undertake to update or correct any information posted on the Internet or on their Web servers. Likewise, the Site Publisher or its subsidiaries reserve the right to modify or correct the information concerning the products and services posted on this Website, at any time and without prior notice. This information, in particular the product safety data sheets, is provided without any guarantee that it is suitable for any specific purpose.
11. Sales Network
The products and services presented on this Website are distributed by a network of distributors that are subsidiaries of the Site Publisher, or by independent distributors. In any case, these distributors are companies which have their own legal personality and who act on their own behalf with no solidarity between them. Consequently, when you access the information, products and services offered by these distributors via a hyperlink, these companies are entirely responsible for the information contained on their sites.
12. Secure website or pages
Some parts of this Website are secure, especially the pages where you need to enter personal and confidential data (for example, your access code or your credit card number). This means that the data you provide on the Website through these pages is encrypted between your browser and the Website's server, and only the Website can understand and save this information. You can therefore provide this information with confidence: your confidential information is handled safely. However, be sure to input your data discreetly: do not allow your screen to be accessed by anyone, with your card number or your access codes visible. Your browser indicates that you are in secure mode by means of two items: the URL that appears in your browser is preceded by "https://" instead of http://, and the lower bar of your browser shows an image of a small closed padlock. The encryption technology used on this Website is in compliance with French legislation.
13. Access and Passwords Management
The Website or certain sections of it are available using an access code and password provided to you by the Site Publisher. Access codes and passwords are confidential. You are responsible for the consequences of their use. It is therefore your responsibility to take all necessary measures to ensure the security and confidentiality of the access codes and passwords allocated to you. You commit to informing the Site Publisher of any fraudulent use of your access code and/or password as soon as you become aware of it. You can at any time change the passwords originally assigned to you via the Website. The number of attempts to access the website or a secure section is limited. For security reasons, access to the Website or to the secure section is automatically invalidated after several failed connection attempts. The Site Publisher reserves the right to suspend your access to the Website in the event of fraudulent use or attempted fraudulent use of access. In the event that access is suspended, the Site Publisher will inform you immediately.
14. Financial information
The documents presented on this Website may contain forecasts concerning the financial position, operating results, activities and the industrial strategy of the Site Publisher or its subsidiaries, or the Group to which they belong. More specifically, the use of expressions such as "anticipates", "expects", as well as statements regarding management objectives, production estimates and targets as well as trends with respect to operating results are forward-looking in nature. These forecasts are based on assumptions that may prove inaccurate and are dependent on risk factors such as currency fluctuations, oil product prices, the ability to achieve cost reductions without unduly disrupting operations, environmental regulatory considerations, and general economic and financial conditions. Neither the Site Publisher nor its subsidiaries assume any obligation to update any forward-looking information whether as a result of new information, future events, or otherwise. Further information on factors that could affect the Site Publisher’s financial results or those of its subsidiaries is provided in the documents filed with the French Autorité des Marchés Financiers (AMF) and the Securities and Exchange Commission, in the event that these companies are listed.
15. Hyperlinks
a. Activating links
The Site Publisher and its subsidiaries formally decline any liability for the content of the sites to which they provide links. These links are offered to users of this Website as a service. The decision to use links is made solely by the Website users.
b. Link authorization
If you wish to create a hyperlink to this Website, you must obtain prior written authorization from the Site Publisher by contacting:
TOTAL MARKETING FRANCE – Services Consommateurs - 86982 Chasseneuil - Futuroscope Cedex - France.
16. Limitations of liability
The information and recommendations (“Information”) available on this Website are provided in good faith. This information is deemed to be correct at the moment you become cognizant of it. However, the Site Publisher or its subsidiaries are neither representative of, nor can they guarantee, the exhaustive nature and accuracy of this information. You entirely assume the risks relating to the credit you attach to this information. This information is provided under the condition that you or any other person receiving it would be able to determine its interest for a specific purpose before using it. Under no circumstances can the Site Publisher or its subsidiaries be held liable for any damages that may result from credit given to this information, the use thereof or the use of any product referred to. Such information cannot be considered as recommendations for the use of any information, products, procedures, equipment or formulations that may be in conflict with a patent, copyright or registered trademark. The Site Publisher or its subsidiaries decline any express or implicit liability if the use of this information were to infringe a patent, copyright or trademark. The Site Publisher or its subsidiaries categorically refuse any interpretation that would try to relate the contents of their sites to purchase offers or incentives to acquire shares or other securities, whether listed or not, of the Site Publisher or any one of its direct or indirect subsidiaries. No express or implicit guarantee is given with respect to the commercial nature of the information provided, nor with respect to its suitability for a particular purpose, as well as with respect to the products or services referred to in this Information. Under no circumstances shall the Site Publisher or its subsidiaries undertake to update or correct the information posted on this Website. Likewise, the Site Publisher or its subsidiaries reserve the right to modify or correct the content of their sites at any time without prior notice.
As concerns simulations that are, or could be, performed on the website, the Site Publisher reminds users that they have no legal value.
These simulations are performed based on information provided by users in the relevant modules, and are provided for information purposes only. They are intended solely for the purpose of providing you with an order of magnitude, and under no circumstances shall the Site Publisher, its subsidiaries or its related companies be held liable.
17. Evidence agreement
It is agreed that, except in the case of a patent error, the Site Publisher may, notably for the purposes of evidence, rely on any act, fact or omission, programs, data, files, recordings, operations and other elements (such as monitoring reports or other reports) IT or electronic form or formats or media, prepared, received or maintained directly or indirectly by the Site Publisher, in particular in its IT systems. The elements considered therefore constitute evidence and, if produced as evidence by the Site Publisher in any litigation or other proceedings, they shall be admissible, valid and enforceable between the Parties in the same manner, under the same conditions and with the same probative value as any document that were to be established, collated or kept in written form.
18. Terms and conditions of use updates and applicable law
The Site Publisher may update these terms of use for the Website at any time. Consequently, you are invited to refer regularly to the latest terms of use in force for the Website. These terms and conditions for the Website are subject to French law and fall within the competence of the French courts.
19. Terms of use for the GR card online subscription site https://www.total.fr/pro/carte-gr/devenir-client-total-gr for business customers.
Evidence agreement for the GR card online subscription site https://www.total.fr/pro/carte-gr/devenir-client-total-grhttps://www.total.fr/pro/carte-gr/devenir-client-total-gr
The Parties agree that electronic documents exchanged between them as part of the GR card subscription have the same value as documents in paper format. In this case, an electronic signature via the DICTAO system has the same value as a handwritten signature and constitutes valid consent. Computerized files and electronic documents are stored on reliable and durable systems at TOTAL so that proof of exchanges and documents is ensured. If a date or time limit is set, only the timestamp system in TOTAL’s system shall be deemed authentic.
Personal Data
When visiting the Website, all data that you enter via the form at https://www.total.fr/pro/carte-gr/devenir-client-total-gr is stored when the page is validated by clicking “Next step” in order to facilitate the processing of your online subscription on your next visit. This data is subject to the conditions set forth in the Data Privacy and Cookies Policy, available online on this Website at any time.
20. TERMS OF USE OF THE JUBILEO GIFT CARD ONLINE SUBSCRIPTION SITE:
https://commande-jubileo.total.fr/pro/devenir-client-jubileo.html FOR BUSINESS PROSPECTS.
Evidence agreement for the Jubileo gift card online subscription site https://commande-jubileo.total.fr/pro/devenir-client-jubileo.html
The Parties agree that electronic documents exchanged between them as part of the purchase of Jubileo gift cards have the same value as documents in paper format. By validating the order, the customer accepts the general terms and conditions of sale of the Jubileo gift card and has read the terms of use of said card.
Personal Data
When visiting the Website, all data that you enter via the form https://commande-jubileo.total.fr/pro/devenir-client-jubileo.html is stored when the page is validated clicking on “Next step” in order to facilitate the processing of your online subscription on your next visit. This data is subject to the conditions set forth in the Data Privacy and Cookies Policy, available online on this Website at any time.
21. What is mediation? Consumer mediator or national energy mediator?
I.The principle
Mediation is an alternative way of resolving disputes. It is based on the willingness of at least one of the Parties to find an amicable solution to a dispute. This willingness to reach an agreement enables the procedure to be much faster and less costly than a judicial remedy. It is also strictly confidential.
In the event of a dispute or consumer litigation with our Company, an amicable settlement through mediation is possible either through:
- The Consumer Mediator: The Centre for mediation and arbitration of Paris (CMAP)
- The National Energy Mediator: for disputes relating to sales of electricity, natural gas, LPG, domestic fuel and wood
For any request for mediation, the consumer purchaser must be able to prove that he has previously attempted to resolve the dispute directly with his usual customer relations department (e.g. TOTAL Customer Service at www.total.com FAQ & Contact section), by means of a written claim, and that he did not receive a satisfactory response within two (2) months.
The referral is free of charge.
II.Referral to the CMAP
This referral is easy and fast, it can be done (i) by filling out the form on the CMAP website at www.mediateur-conso.cmap.fr (ii) en envoyant votre demande par courrier simple ou recommandé au CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, ou (iii) en envoyant un email à consommation@cmap.fr. or (ii) by sending your request by ordinary or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) by sending an email to consommation@cmap.fr. The referral must provide your contact information, a brief summary of the subject matter, and the status of the dispute, in English or French.
In order to be declared admissible, the referral must meet several conditions:
- The consumer attempted to resolve the dispute directly with the professional through a claim;
- The consumer submitted his request to the Mediator within a period of less than one year from his written complaint to our company;
- The request is not patently abusive or unfounded;
- The dispute has not been or is not currently being reviewed by another mediator or court;
- The dispute is within the jurisdiction of the Consumer Mediator (e.g. for all disputes relating to sales of electricity, natural gas, LPG, domestic fuel and wood, competence lies with the National Energy Mediator)
Once the referral has been declared admissible, the Mediator informs the consumer and our Company, by e-mail or ordinary mail, as to the process to be followed. Our Company must provide information, within 10 days after notification, as to whether it intends to participate in the mediation process or not. If there is no reaction, this will be understood as an agreement to the mediation process.
Once the mediation has been initiated and the objectives of the Parties have been understood by the Mediator, the latter suggests one or more solutions to the Parties who are free to accept or reject these proposals. Generally, at this stage, if the Parties accept the Mediator's solution, the procedure will not have lasted more than 90 days. However, if one of the Parties refuses, the Mediator may extend that period, and the procedure becomes “complex”. Conversely, if the Parties have reached an amicable agreement before then, the procedure ends therewith.
At the end of the process, the Parties having found a solution sign a memorandum of agreement that is deemed a valid transaction for the Parties. If the Parties have not found a solution, they may decide to pursue their litigation in the context of a judicial proceeding. In this situation, any document or findings from the mediation procedure may only be disclosed at the trial with the agreement of both Parties.
It should be noted : that mediation is not a judicial procedure nor an arbitration. This being the case, the Mediator’s solution or recommendation can be freely accepted or rejected by either Party. The solution is not binding, in case of non-compliance there is no sanction possible.
III.The Mediator
The Mediator is a third party with respect to the Parties to the mediation.
The Mediator appointed by the CMAP for the procedure is a professional in the relevant industry for the litigation, and therefore, through his training, has knowledge of the aspects at stake and of the mediation procedure. He is also independent, impartial and neutral. He further guarantees regulatory compliance for consumer mediation and mediator ethics.
For further information, please contact our Customer Service Department (www.total.com) or the CMAP (www.cmap.fr).
IV. Referral to the National Energy Mediator
Energy mediation is a specific consumer mediation procedure organized by the National Energy Mediator. The National Energy Mediator is competent for conflicts relating to all forms of domestic energy such as electricity, natural gas, liquefied petroleum gas (LPG) in bottles or tanks, fuel oil, wood and heat networks.
Referral to this institution is easy and fast and can be done online on the dedicated platform SOLLEN (www.sollen.fr) or by ordinary mail, by printing the online form (www.sollen.fr) ou par courrier postal en imprimant le formulaire en ligne (http://www.energie-mediateur.fr/fileadmin/user_upload/Formulaire_Saisine_MNE.pdf) and sending the completed form together with all documents concerning your dispute to: Médiateur National de l’Energie - Libre réponse n° 59252-75443 PARIS Cedex 09. The referral is done in French.
In order to be declared admissible, the referral must meet several conditions:
- It is necessary to be either: a consumer who is a private individual or a consumer who is a professional belonging to the category of micro-enterprises as referred to in Article 51 of Law No. 2008-776 of 4 August 2008 (Merchant, Artisan, a member of the Professions, SME with no more than 10 Employees and a turnover not exceeding EUR 2 million, non-profit Association, local authority, condominium syndicate or agent of one of the aforementioned)
- It is necessary to be able to prove having attempted to resolve the dispute directly with our Company through a claim. If, after two months, you have not received a reply from your operator or if the answer does not satisfy you, you can refer the matter free of charge to the National Energy Mediator within a maximum period of 10 months.
- The request is not patently abusive or unfounded;
- The dispute has not been or is not currently being reviewed by another mediator or court.
Once the referral is made, the National Energy Mediator will review your application and decide on admissibility within a period of 48 hours to 3 weeks. After the application has been declared admissible, the National Energy Mediator will contact our Company directly in order to notify it of the conflict and to hear its opinion and proposals.
The process with the National Energy Mediator lasts on average two months for “simple cases”, i.e. cases where the Parties quickly accept the proposed solution, and 90 days for “complex cases” where the recommendations of the National Energy Mediator did not result in agreement between the Parties.
It should be noted : that mediation is not a judicial procedure nor an arbitration. This being the case, the Mediator’s solution or recommendation can be freely accepted or rejected by either Party. The solution is not binding, in case of non-compliance there is no sanction possible.
V. The Mediator
The mission of the National Energy Mediator is governed by the Energy Code under articles L. 122-1 et seq.. His mission is to recommend solutions for disputes that consumers may have with energy companies, but also to inform consumers about their rights.
This National Energy Mediator is appointed by the Minister in charge of energy and consumption, for a 6 year term which is not renewable and during which he cannot be removed. Moreover, he is competent only in the energy sector.
For further information, you can contact our Customer Service Department (www.total.fr) or the National Energy Mediator (www.total.fr) ou le Médiateur National de l’Energie (www.energie-mediateur.fr).
VI. RLL Platform
Le Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, concerning online dispute resolution for consumer disputes, has established the online dispute settlement platform. Any consumer within the meaning of the regulation may visit this platform for the settlement of any dispute relating to an online sales operation or an online service (RLL platform).
