PREAMBLE

GEFCO SA, a limited company under the laws of France with a capital of €8,000,000, listed with the Trade and Companies Register of Nanterre, under number B 542 050 315, with its headquarters located at 77-81 rue des Lilas d'Espagne 92400 Courbevoie, France, whose primary activities include the preparation and distribution of vehicles, air and sea transport, customs operations, groupage and full/part-load transports, industrial logistics, management of handling solutions as well as a freight forwarding agent.

GEFCO LINK is a service dedicated to the monitoring of transport services performed. GEFCO LINK is accessible via a downloadable Smartphone application with a compatible operating system such as indicated in article 3 below. This service allows the User to announce and manage the events of its transport services such as defined in article 6 of this document.

By using GEFCO LINK, the User accepts the present general conditions of use.

1- DEFINITIONS

The terms starting with a capital letter in the present General Conditions of Use, whether they are used in the singular or the plural form, will carry the following definitions.

Application or Service:refers to the GEFCO LINK application.

General Conditions of Use: refers to the presents conditions of use.

GEFCO LINK : refers to all of the Application's services.

Data:refers to the information specific to the User or to a material making it possible to identify and monitor trips.

Identification details:refers to the User's own username ("login") as well as their password for connecting to the system ("password").

Platform:ers to the GEFCO SA IT system, making it possible to put the information used by the GEFCO LINK application at the User's disposal and to update it.

Terminal: refers to the locatable device communicating information to the Platform.

Platform User:refers to any natural or legal person, entity or body who uses the platform.

User:refers to any natural or legal person, entity or body who uses the GEFCO LINK.

2- SUBJECT

The goal of the General Conditions of Use is to define the terms and conditions applicable to the use of GEFCO LINK by the user.

3- SERVICE

The Service is only available and able to be downloaded using the following downloading services pertaining to compatible touch screen devices (hereafter the Touch screen devices):

• Apple App Store
• Google Androïd Market

It being understood that the compatible touch screen supports correspond to mobiles with the following operating systems:

• IOS Apple version iOS 5version
• Androïd version 2.3version

3.1-Technical prerequisites

Access to the Service is subject to:

• The User having the required technical material
• The User accepting the present General Conditions of Use
• The creation of a User account such as defined below.

It is the User's personal responsibility to obtain a compatible Touch screen device, put it into service, see to its maintenance and subscribe to an adapted telephone plan.

3.2- Installation of the Application

The User is responsible for the installation of the Application on their mobile and makes sure to conform with the instructions for the installation and configuration of GEFCO LINK.

It is up to the User to guarantee the compatibility of their IT environment beforehand, including their smartphone with the technical characteristics of GEFCO LINK.

3.3- Creation of a User account

To create a User account, the User must connect to the Application's home screen by filling in the following fields: last name, first name, transporter's identification details (available on the Platform), login name and chosen password.

The request for the creation of an account is thus transmitted to the User of the platform for validation.

The creation of the account is effective when the User of the platform has validated the User's information.

A confirmation email is thus sent to the User.

4- SECURITY PRINCIPLES

The identification details (login and password) are meant to reserve access to the GEFCO LINK Solution to Users, to protect the integrity and the availability of the GEFCO LINK Solution, as well as the integrity, availability and confidentiality of the User's Data.

The access procedure defined by GEFCO SA needs to be rigorously respected by the User.

The identification details are personal and confidential.

They can be modified by the User of the platform (assignment of a new password) or by the User themself by connecting to the "settings" section.

The User commits to doing everything in their power to keep their personal identification details secret and not reveal them in any form whatsoever.

The User is solely responsible for the use of the identification details and keeping all the access codes created secret.

They shall ensure that no unauthorised third parties by GEFCO SA will access their GEFCO LINK account. Generally speaking, the User assumes sole responsibility of the security of individual access points to their GEFCO LINK account.

In the event they learn of unauthorised access to their GEFCO LINK account using their identification details or through other means, the User must inform GEFCO SA without delay so that the latter can take all the necessary measures in order to secure the former's access.

Should one of the User's identification details be lost or stolen, the User must contact the User of the Platform they are a part of. The latter may either:

• pass on the procedure allowing the User to reset their identification details,
• delete their account. In this case, the User should proceed with a new request for the creation of an account such as defined in article 3.3.

5- AVAILABILITY

GEFCO SA strives to ensure 24/7 accessibility to the service, except in cases of force majeure, events due to a third party, and/or maintenance and intervention work necessary for its proper functioning.

The Service may be occasionally interrupted for technical purposes, especially during corrective maintenance. As GEFCO SA has to regularly carry out maintenance on GEFCO LINK and on the Platform, GEFCO SA shall endeavour to forewarn the User and to minimise interruptions to the access of the GEFCO LINK application. GEFCO SA cannot be held responsible for the possible impact of this unavailability on the effectiveness of GEFCO LINK or the User's activities.

Moreover, the User is informed of the technical risks inherent to the Internet, mobile telephone networks and GPS GNSS coverage, and interruptions to access which may ensue from these. Consequently, GEFCO SA cannot be held responsible of any possible non-availabilities or delays.

In view of the above, GEFCO SA does not provide for or guarantees the continuity or availability of GEFCO LINK.

6– FUNCTIONALITIES

The application can be consulted in authenticated mode. The User must thus enter their identification details and password to access this.

The Application allows the User to access all or part of the following functions:

• When the User is authenticated, they may:
  
  • Access the list of their trip files and assignment orders;
  • Declare arrival or departure at a site;
  • Declare the transport events for each customer file:
    
    • Pick-up / delivery possible or impossible;
    • Number of handling units;
    • Possible reserves, with photos;
  • Declare the loaded / delivered / retrieved consigned packages;
  • Take a photo of the CMR;
  • Declare any possible transport risks;
  • Manage their notifications;
  • Modify their password.
• When they are not identified, the User may:
  
  • Make a request for the creation of an account directly on the Application. The User cannot access the Application immediately after the creation of their account;
  • Accessing the information concerning the Application (Copyright, version n°, etc...).

7 – INTELLECTUAL PROPERTY

The present Application and all of its elements (information, data, text, images, drawings, graphics, logos, brands…etc.) are the exclusive property of GEFCO SA. All of these elements are subject to the Intellectual Property Code and as such are protected against all unauthorised use by Law and the present General Conditions.

GEFCO SA grants the User a free and non-exclusive license for the Application that is strictly personal and non-transferable and only valid on compatible mobile terminals for the length of the commercial relations between GEFCO SA and the User. Any other partial or total reproduction, representation or distribution of the Application, regardless of the device or procedure used is prohibited.

The non-compliance to this ban constitutes an infringement likely to involve the civil liability and criminal responsibility of the perpetrator.

It is particularly strictly prohibited to use or reproduce the GEFCO SA name and/or logo, alone or together, for any purpose whatsoever and especially for promotional purposes, without the prior written consent of GEFCO SA.

The User is also forbidden from decompiling or disassembling the Application, from using it for promotional purposes or public representation or to violate the copyright or Intellectual Property of GEFCO SA in any way, expect under the express authorisation of GEFCO SA to allow the circulation, distribution, direct or indirect provision of access to GEFCO LINK to a third party or the public, against payment or free of charge.

8– COMPUTER INFORMATION AND FREEDOM

Personal data is collected in the framework of the Application by GEFCO SA in its capacity as the responsible party for its handling and will be used for the following purposes:

• Access to the service
• Use of the Application's functions
• Establishment of statistics

Users equipped with an adapted mobile terminal may be localised by GEFCO LINK according to the information provided by the final User and the terminal's settings. The localisation information and the technical data are regularly collected in order to ensure the GEFCO LINK service and research for its improvements.

The localisation information is received by the platform if the User accepted the localisation functions at the time of their first connection. If necessary, this information may be transmitted to GEFCO and its Customers, in particular in the case of the reporting of transport risks.

In any event, the Platform Data remains confidential so as to respect the personal lives of Users.

When creating their account, the User must provide some compulsory information necessary for the implementation of the Application's functions such as described in article 3.3.

Should this information not be provided, the User will not be able to use the Application.

By using the Application and filling in the account creation form, and employing their right to opposition under the conditions defined below, the User accepts that their data and possible updates are communicated to the following recipients:

• The customer(s) having entrusted a transport operation to GEFCO and its subcontractors.
• All entities of the GEFCO Group in the event that resources are pooled.
• GEFCO SA's subcontractors and this for the sole purpose of their needs for the subcontracted assignment.
• The list of recipients may be provided by written request to the following email address: webportal@gefco.net, in compliance with Law n° 78-17 of 6 January 1978.

Concerning the personal data transmitted, the User guarantees to GEFCO SA that they have understood their usefulness and that they are in agreement on this matter. As such, the User guarantees GEFCO SA against any legal recourse, complaints or claims coming from them themselves concerning the data transferred to the GEFCO SA Platform via GEFCO LINK.

GEFCO made a declaration to CNIL on 12/03/2014 of the present Application under the n° DNGEF- 41704- 0048- 1

9- GUARANTEES

GEFCO SA guarantees that GEFCO LINK complies with its documentation, subject to the User's proper execution of the obligations and all they entail.

GEFCO SA guarantees that it holds all of the intellectual property rights, and the authorisation, transfer and permit rights of all third parties for GEFCO LINK, allowing it to grant its use to the User.

Under no circumstances can GEFCO SA be held responsible for the quality, the integrity, the completeness and the accuracy of the Data transmitted by the User for the purpose of operating GEFCO LINK, or consequently for the contents and Data that will be available on GEFCO LINK.

Similarly, GEFCO SA does not accept any responsibility in the event that GEFCO Link is not installed or used as specifically set out.

10- RESPONSABILITY

Each of the parties assumes responsibility for the consequences resulting from their mistakes, errors or omissions, as well as the mistakes, errors or omissions of their potential subcontractors and causing direct harm to the other party.

GEFCO SA cannot under any circumstance be responsible for any incompatibility between GEFCO LINK and the needs of the User. It is up to the latter to familiarise themself with the functional and technical characteristics of GEFCO LINK.

In addition, the goal of GEFCO LINK is to allow the User to be localised by third parties using GEFCO LINK-approved GPS tracking services. Under no circumstances does the use of GEFCO LINK exempt the User from the precautions and measures to be put in place to verify if the localisation services used by third parties to which they will have given their agreement using other means are GEFCO LINK-approved.

Under no circumstances can GEFCO SA be held responsible for the choices made by the User upon their configuration of the Application.

In addition, and in the event of a mistake proven by the User, GEFCO SA can only be held liable for the financial consequences of the direct and foreseeable damages due to the use of GEFCO LINK.

Consequently, GEFCO SA cannot under any circumstances incur any liability for indirect or unforeseeable losses or damages by the User or third parties, which notably includes any missed gains, losses, inaccuracies or corruption of files or data, commercial prejudice, loss of revenue or profits, loss of customers, lost opportunities, costs of obtaining a product, a service or alternative technology, in relation to or resulting from the faulty or non-performance of the services.

11- FORCE MAJEURE

None of the parties may be held responsible for any shortcoming of their obligations in the framework of the present General Conditions of Use, if such a shortcoming results from: a government decision, including all retractions or adjournments of any authorisations, a partial or total strike, internal or external of the company, a fire, a natural disaster, a state of war, a partial or total interruption or a blockage of the telecommunications or electric networks, an act of computer piracy or more in general any other case of force majeure presenting the characteristics defined by jurisprudence.

The observing party of the event must inform the other party of the impossibility to perform their service without delay. The adjournment of the obligations or the delay cannot under any circumstances be held as a liability for the non-performance of the obligation in question, nor can it be a reason for a payment of damages and interests or late penalties.

12- COMPLIANCE

The User expressly acknowledges having understood and accepted the terms of the present General Conditions of Use.

13- LAW AND JURISDICTION

The Contract is governed by French law.

Any disputes between the parties regarding the training, interpretation, execution, cessation or termination of the Contract will be the subject of an attempt for an amicable resolution. Failing this, the dispute will be presented before the competent Tribunal of Paris.