TERMS OF USE
1. Information about us
Welcome to the Guide.michelin.com website (the “Website”) or mobile application (the “Application”).
The Website and the Application are published by Manufacture Française des Pneumatiques Michelin (“Michelin”, “us” or “we”), a french simplified joint stock company with share capital of €504 000 registered with the Clermont-Ferrand Trade and Companies Registry under number 855 200 507, whose registered office is located at 23, Place des Carmes-Déchaux 63000 CLERMONT-FERRAND, France and a wholly owned subsidiary of Michelin Group.
“You” and “your” mean you as the user of the Website or the Application.
The restaurant table booking service available on our Website and Application (the “Booking Service”) is also provided by us, through a third party service provider (the “Booking Partner”) and on behalf of restaurants with whom you are booking a table (a “Restaurant”).
These “Terms of Use” set out the terms of use on which you may make use of our Website and our Application, and the services we provide. In addition, certain features in relation with the Website and the Application are governed by separate, specific terms and conditions, as follows:
(a) any personal information which you provide in the course of using the Website or the Application (such as your name, e-mail address, address and other contact details) is governed by our Privacy Policy, which describes in detail how we may process your personal information and your rights.
(b) when you use our Website or Application, information can be collected through cookies to distinguish you from other users. We have a separate Cookie Policy which explains our use of cookies and the purposes for which we use them.
(c)promotions or prize give-aways on the Website or on the Application may be subject to their own specific terms and conditions. Please look out for details of those terms and conditions when entering such promotions.
(d) if you are a restaurant owner who wishes to list your Restaurant on the Website and the Application and make it bookable, then you will have a separate contractual relationship with one of our Booking Partner. It will be subject to specific terms and conditions which we are not part of.
(e) your use of other services and products provided by Restaurants and Booking Partners in our network, may also be subject to any terms and conditions applied by the Restaurants and/or Booking Partners from time to time.
2. Acceptance of the Terms of Use
By accessing the Website or the Application, you agree to these Terms of Use.
If you do not agree to these Terms of Use, you should not use the Website, nor the Application. You should read all the Terms of Use prior to using the Website or the Application. If needed, please feel free to save and/or print out a copy of these Terms of Use for future reference.
The Terms of Use, together with the Booking Partner terms and conditions and the Restaurant booking terms and conditions (where applicable), constitute the entire agreement between you and us. If you are uncertain about any of its terms, email or write to us at the address set out at the end of these Terms of Use and we will try to respond to your query as soon as possible.
3. Accessing our Website or Application
Access to our Website or our Application is permitted on a temporary basis and we reserve the right to withdraw or amend any or all of the Website or Application without notice. We may suspend access to the Website and/or the Application periodically to carry out emergency or scheduled maintenance or for any other reason at any time. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Website and/or Application and to make any changes to the features, functionality or content of the Website and/or Application at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content on the Website and/or Application.
Access to our Website or our Application is dependent upon availability of the worldwide web and we accept no responsibility for the inability of you or the public generally to access our Website or our Application arising out of circumstances beyond our reasonable control.
You are informed of the risks inherent in the use of the internet, in particular the fact that data transmission is not secure, and represent that you have the expertise and means necessary to access and use the Website and/or Application.
You are also responsible for ensuring that all persons accessing the Website or Application through your internet connection are aware of these Terms of Use and comply with them.
We have the right to disable your access to our Website and/or our Application at any time if, in our opinion, you have failed to comply with any of the provisions of the Terms of Use, or with the terms of any other terms of use or policies that apply to services or features offered via the Website or the Application.
4. Acceptable use policy
When using the Website or the Application, you agree to comply with these Terms of Use and with all applicable law. In particular, and unless expressly permitted by us in writing, you may not:
- use our Website or Application in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
- use our Website or Application in any way to manipulate or distort, or undermine the integrity and accuracy of, any reviews, descriptions, ratings or content or take any action to interfere with, damage, disrupt any part of our Website or Application or the features or services offered on it;
- use our Website or Application to send, knowingly receive, upload/post, download, any material which does not comply with our content standards;
- use our Website or Application to transmit or facilitate the transmission of any unsolicited or unauthorised advertising or promotional material;
- use our Website or Application to transmit any data, or upload to our Website or Application any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- interfere with the security-related features of our Website or Application;
- decompile, reverse engineer or disassemble any portion of our Website or our Application;
- use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained on our Website or Application, or use network-monitoring software to determine architecture of or extract usage data from our Website or our Application; or
- engage in any conduct that restricts or inhibits any other user from using or enjoying our Website or our Application.
You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
You agree not to use our Website or Application in such a way as to cause the whole or part of our services to be interrupted, damaged, rendered less effective or be otherwise impaired or in any way contrary to applicable law.
5. Booking Service
The Booking Service is provided by us, through one of our Booking Partner, on behalf of Restaurants.
The dining services which you book via the Booking Service are provided to you by the Restaurant directly and not by Michelin. Therefore, by using the Booking Service to book a table at your chosen Restaurant you are entering into a direct contract with that Restaurant and Michelin is not a party to that contract and has no obligations to you under that contract.
In order to make any booking using the Booking Service you must have the legal capacity to do so and you must accept financial responsibility for all transactions made under your name. You must make sure that all the information you provide to us is true and accurate. Booking a table at the Restaurant means you have to pay the Restaurant after you have eaten unless it is clearly indicated before you book that you have to prepay in advance.
When you use the Booking Service to place a booking at the Restaurant you are making an offer to the Restaurant for your booking. Your booking is not complete nor legally binding on the Restaurant until such time as you have received a confirmatory email from the Restaurant accepting your booking. Please ensure that you arrive in plenty of time and bring a copy of your email booking confirmation. If you have prepaid in advance please also bring the credit/debit card you used to make the booking.
If you wish to cancel your booking you can use the hypertext link in the confirmation email or contact the Restaurant directly. Contact details and any applicable cancellation policy for the Restaurant can be found in the confirmation email.
Some Restaurants levy a ‘no-show’ fee for failure to attend the Restaurant at the reserved time. If the Restaurant operates such a policy you will be asked by us for your credit card details at the time of making the booking via the Booking Service. We will securely store those details in accordance with our Privacy Policy. The decision whether to debit your card with a cancellation fee or ‘no-show’ fee is entirely at the discretion of the Restaurant and we will only action that fee if instructed to do so by the Restaurant. If you believe that a no-show fee has been incorrectly deducted from your credit card you should Contact Us using the addresses given at the end of these Terms of Use. On receipt of all relevant information from you we will take up the matter with the Restaurant and if in our opinion the Restaurant has not followed its stated terms and conditions at the time of booking we will facilitate a refund.
Some Restaurants levy a ‘pre-payment’ for some or all of the expected dining costs. If the Restaurant operates such a policy you will be asked by us for your credit card details at the time of making the booking via the Booking Service to enable a pre-payment to be made. We will securely store those details in accordance with our Privacy Policy. If you believe that a pre-payment has been incorrectly deducted from your credit card you should Contact Us using the addresses given at the end of these Terms of Use. On receipt of all relevant information from you we will take up the matter with the Restaurant and if in our opinion the Restaurant has not followed its stated terms and conditions at the time of booking we will facilitate a refund.
Some restaurants offer/accept prepaid vouchers for some or all of the expected dining costs. If you are making a booking with such a prepaid voucher you will be asked by us at the time of making the booking via the Booking Service, for your unique voucher identification number. Once the unique voucher identification number is input and validated, and the booking is confirmed by the Restaurant, the booking is then subject to the Restaurant’s cancellation policy. It is not possible to change a booking made using a prepaid voucher unless the Restaurant agrees to the change. If a booking cannot be altered by the Restaurant it will not be possible to issue a refund for the voucher. In the unlikely event that the Restaurant needs to cancel the booking after you have booked a date, they will contact you.
We reserve the right to cancel a booking, but this of course will be without any liability on your part.
Because your contract is directly with the Restaurant any queries or concerns that you may have in connection with your Restaurant table booking should be addressed directly to the Restaurant via the details set out in the confirmatory email.
6. MICHELIN Guide account’s terms of use
When registering, you expressly and unreservedly agree to these terms of use of the MICHELIN Guide account. If you do not agree to these terms of use, please do not use this service.
The MICHELIN Guide account is an account shared with the Tablet account provided by the company Tablet Inc. This partner and member of the Michelin Group offers you a privileged online reservation service for exceptional hotels accessible at the following address: https://www.tablethotels.com.
Therefore, if you already have a Tablet account, you can log in directly to your MICHELIN Guide account using the same username and password. The reverse is also possible. You will also find all the information available in your MICHELIN Guide account, also in your Tablet account.
Login and passwords, as you define them during your registration, or as possibly modified later by you, are strictly personal. You therefore remain fully responsible for securing and using these login and passwords.
You agree to keep them secret and not to disclose them in any form whatsoever to third parties. In case you communicate them to third parties, you acknowledge that you remain solely responsible for the use that may be made of them. We cannot be held responsible for the use by this third party of these login and passwords.
We give you the possibility to create a MICHELIN Guide account and grant you the right to use it exclusively for private, non-commercial use. Any collective and / or commercial use is strictly prohibited.
The MICHELIN Guide account may permit you to post, upload, transmit through or otherwise provide through our Website or Application (collectively, ‘submit’) messages, text, Restaurant reviews, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information (e.g., your name, e-mail address, etc.) and other content (collectively ‘User Content’).
You agree not to submit any User Content protected by copyright, trade mark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right.
You agree that your User Content:
- will be accurate (where facts are stated), reflect opinions genuinely held by you, and comply with all applicable laws especially with data protection legislation;
- will be truthful, non-misleading and non-deceptive;
- will not contain any material which is tortious (e.g., defames or invades the privacy of any person, etc.), obscene, offensive, hateful or inflammatory;
- will not promote sexually explicit material or violence, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;
- will not be threatening, abuse or invade another’s privacy, or provided with an intent to harass, upset or embarrass any other person;
- will not be provided with an intent to impersonate any person, to misrepresent your identity or affiliation with any person, or to falsely give the impression that your User Content comes from someone else;
- will not advocate, promote or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.); and
- will comply with any other applicable terms or conditions.
We do not claim ownership to your User Content. However, by submitting User Content, you grant, or warrant that the owner of such content has expressly granted, to us a worldwide, not limited with time, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, reproduce, distribute, create derivative works based upon (e.g., translations, etc.), publicly display/perform, transmit and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate in connection with our business and operations.
We may monitor, edit or remove any User Content for violation of the letter or spirit of these terms, violation of our editorial policy or for any other lawful reason. However, we have no obligation to look for, edit or remove any User Content for any reason including, without limitation, violation of these terms.
Failure to comply with these terms of use may result in the withdrawal of the content, suspension or termination closure of your MICHELIN Guide account, without prejudice to any other legal action that we may take and/or claim for damages that we may be entitled to formulate.
We take no commitment with regard to (i) the accessibility of the services or their suitability for any specific use, (ii) the lawfulness, accuracy, probity or honesty of the information available in MICHELIN Guide accounts.
7. Our materials
All copyright, database rights, trade marks, intellectual property rights and other proprietary rights subsisting in our Website or Application and any content made available to you from Website or Application, shall remain our property or the property of our licensors. All such rights are expressly reserved.
Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, revocable, limited right to access, view, and print out one (1) copy of any Website or Application page and such data, information, software graphics, images, text, posts and other content as appears on the Website or Application, (‘Materials’) on a single device strictly in accordance with these Terms of Use.
You may only view, print out and use the Materials for your own personal, non-commercial use. We expressly reserve all intellectual property rights in and to the Website, Application and the Materials and your use of the Website, Application and Materials is subject to the following restrictions. You must not:
- remove any copyright or other proprietary notices contained in the Materials;
- modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose;
- transfer the Materials to any other person;
- use any Materials from the Website or Application in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; or
- reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame, communicate to the public or circulate to any third party or exploit this Website and/or Application and/or the Materials in any way; without our prior written consent.
We expressly reserve all rights in and to the Michelin Group domain names, the trade mark ‘MICHELIN’, its logo and all other related service marks, trading names or other trademarks relating to our Website, Application and other products and services. Other trademarks, products and company names mentioned on the Website or Application may be trademarks of their respective owners or licensors and the rights in such marks are expressly reserved to the respective owners or licensors.
8. Linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. You must not link to our Website or Application in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not remove or obscure by framing or otherwise, advertisements, copyright notices, or other information published on the Website or the Application. Our Website and Application must not be framed on any other site.
To avoid any doubt you must not link to our Website from a linking site which contains any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.
We reserve the right to withdraw linking permission without notice.
9. Reliance on information posted
Any reliance on any such opinion, advice, statement, or other information shall be at your sole risk. To the fullest extent permissible by law, we disclaim all liability and responsibility arising from any reliance placed on such information and all terms, representations, conditions or warranties that might otherwise be implied in this Terms of Use are hereby excluded.
The Materials may contain inaccuracies and typographical errors. Commentary, Restaurant descriptions, reviews and other materials posted on our Website or Application are not intended as advice and should not be relied upon. Reviews of Restaurants which appear on the Website or Application are posted by other users, and while we make efforts to monitor the content of those reviews, we cannot guarantee that they will be accurate or otherwise comply with these Terms of Use.
Reviews are the opinion of the relevant individual reviewer only and not of us or any of our affiliates, business partners, directors or employees, and accordingly, we take no responsibility for the accuracy, objectivity or content of such reviews.
If you have any concerns regarding the content of any review(s) on this Website or Application, please Contact us using the addresses given at the end of these Terms of Use.
10. Exclusions and disclaimers
To the maximum extent allowed by applicable law, we exclude all liability and responsibility arising from your use of:
- the services and products provided by the Restaurant and/or Booking Partners; and
- the Restaurant’s and/or Booking Partner’s failure to supply such services or products, whether in whole or in part.
To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this Website, Application and the Booking Service including, but not limited to, implied warranties and conditions of satisfactory quality and fitness for a particular purpose. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) our Website or Application, including but not limited to, damage to any computer, software or system or portable devices you use to access the same.
Nothing in these Terms of Use shall exclude our liability for:
- death or personal injury arising through negligence;
- fraudulent misrepresentation; and/or
- anything else that cannot be excluded or limited by us under applicable law.
We shall not be liable under these Terms of Use for any indirect, special, incidental or consequential damages or for loss of business profits, business interruption, loss of business information, loss of data or loss of any benefit whether based on your use or inability to use our Website or Application on breach of contract, breach of warranty, tort (including negligence) or otherwise, even if advised of the possibility of such damages.
We do not represent or warrant that the Website or the Application will be error-free, free of viruses or owner harmful components, or that defects will be corrected.
11. Third party sites and content
Our Website, Application and/or the Materials may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites. Links do not imply that we are affiliated or associated with such websites. Third party content may appear on the Website or Application or may be accessible via links from the Website or Application. We are not responsible for and assume no liability for such content.
12. Security
We maintain the highest standards of securityOnce we have received your personal information we will use strict procedures and security features to prevent unauthorised access.
13. Changes to the Terms of Use
We may, at any time and without prior notice, revise, amend the provisions of the Terms of Use. Such amendments will take effect when they are put online on the Website and/or the Application.
Your continued use of our site or the Service following any such change will constitute your acceptance of such changes.
Therefore, please review these Terms of Use regularly to ensure you are aware of any changes made by us. If you do not agree to such changes, you should not use the Website and the Application.
14. Legal compliance and applicable law
You shall comply with all applicable laws and regulations in connection with your use of the Website, the Application and the Materials that appear on it.
Subject to the application of mandatory rules and regulations of your country of residence, please note that these Terms of Use, their subject matter and their formation, are governed by French law.
If you are a business, we both agree to the exclusive jurisdiction of the commercial courts of Nanterre concerning these Terms of Use, their subject matter and their formation (including any non-contractual disputes or claims).
15. CONTACT US
You may contact us on any issue detailed in these User Terms through this webform
Or by writing to us at:
Manufacture Française des Pneumatiques Michelin
Service client
27 Cours de l’Ile Seguin
92105 Boulogne-Billancourt
France.
If you have any queries about our Privacy Policy, please contact us here.
To stop receiving marketing information by email please contact us here.
(V.3 – August 2022)
