These Terms and Conditions for Publishing and Processing Online Reviews (hereinafter the “Terms and Conditions”) establish the rules applicable to all reviews posted by a user (hereafter the “User”) and displayed on the Site www.michelin.co.uk (hereinafter the “Site”) related to products sold under the MICHELIN brand (hereinafter the “Product(s)”).
ARTICLE 1: USE OF THE SITE
1. Personal and non-commercial use
Michelin gives the User the right to view and print the content of the Site exclusively for private and non-commercial use. Any collective and/or commercial use is strictly forbidden.
2. Uses in accordance with laws and regulations
The User is legally entitled to make short quotations, analyses and reproductions for press reviews as well as other uses expressly authorised by law, within the limits and conditions established by the latter and provided that the names of the authors and the publication source are cited.
3. Acceptance of the Terms of Use and Terms and Conditions
The User is informed that by accessing, viewing and using the Site, they agree to comply fully with the Site’s Terms of Use.
By accessing the Site, the User agrees to unconditionally accept these terms in full and without modification of any kind whatsoever.
The User is hereby informed that by submitting a review on the Site, they acknowledge that they have read these Terms and Conditions (which in particular are accessible via the link at the bottom of the reviews submission forms, accessible within the product pages) and fully accept them.
ARTICLE 2: REGULATION OF ONLINE REVIEWS
1. Collection and processing of online written reviews by the Service Provider from the Site
The User is hereby informed that NET REVIEWS (Verified-Reviews ; www.verified-reviews.com), a simplified joint stock company with a capital of 537,480 euros, whose registered office is at 18-20 Avenue Robert Schuman, CS 40494, 13002 Marseille, and which is registered with the R.C.S of Marseille under the number 750 882 375, represented by its Chairman, SKEEPERS, a simplified joint stock company with a capital of 10,863,553.00 euros, whose registered office is at 18-20 avenue Robert Schuman, CS 40494, 13002 Marseille, and which is registered with the R.C.S of Marseille under the number 879 038 990, is Michelin's service provider for the collection and processing of online written reviews (hereinafter referred to as the “Service Provider”).
The User can leave written reviews using the “Write a review” button on the description pages of each Product to access a form related to his experience of use and/or purchasing the related Product.
The User will then be redirected to the Service Provider’s website https://www.verified-reviews.co.uk/ to submit reviews.
Viewing and using the Service Provider’s website is subject to the User’s full and unconditional acceptance of Verified Reviews' terms of service, (which are accessible via the link at the bottom of the reviews submission forms, accessible within the product pages). By accessing the Site, the User agrees to unconditionally accept these terms in full and without modification of any kind whatsoever.
In the event of any inconsistency between these Terms and Conditions of the Site and Verified Reviews' terms of service, Terms and Conditions of the Site shall take precedence.
2. Other online reviews published on the Site
In addition to the reviews processed by the Service Provider directly on the Site, other sources of reviews may also be used:
- Reviews collected before April 2019 on our previous technical platform
- Reviews collected via our MICHELIN Facebook pages
- Reviews collected and processed by our partners, DriverReviews.
These additional sources comply with the moderation policies of the sites collecting the data.
A “Google Translate” function allows users to translate reviews shared on other MICHELIN websites in Europe into their local language, using translation software developed by Google. While efforts have been made to provide an accurate translation, no machine translation is perfect, and this software is not intended to replace human translators. Translations are provided “as they are” as a service to Users of the Site. No guarantee of any kind, express or implied, is made as to the reliability or accuracy of any translations made from one source language into another. Some content cannot be accurately translated due to the limitations of the translation software. Any discrepancies or differences in translation are non-binding and have no legal effect if implemented.
3. Definition and format of online reviews
The reviews posted by Users on the Site represent their own reviews, opinions or comments and in no way those of Michelin, its affiliates or employees.
Reviews published on the Site may take the form of text messages, a numerical and/or star rating, or a recommendation rate.
An average rating of the reviews collected will also appear on the Site.
The User agrees to be reasonable and considerate in the expression of their opinions on the Site.
Any User may ask Michelin's Consumer Care department to delete the reviews they have published on the Site via the contact form available on the “Contact Us”/“Help” section.
Three (3) types of written reviews are displayed on the Site:
- Unverified review: Review submitted by a User whose consumption experience (purchase or use of the Product) has not been verified by Michelin or its Service Provider.
- Attested review: Review submitted by a User which has not been verified by Michelin or its Service Provider, but for which the User has attested to having had the required consumption experience (purchase or use of the Product).
- Verified review: Review submitted by a verified User, for which Michelin guarantees the consumption experience (purchase or use of the Product).
4. Regulation of online written reviews
a) Compliance with laws and regulations
The User agrees not to publish any content on the Site that is in violation of the laws and regulations in force. More specifically, it is forbidden:
- to distribute information that is offensive or immoral;
- to misuse the purpose of the Site for spreading propaganda, preaching, canvassing or soliciting;
- to publish any commercial, advertising or other promotional material for tobacco, alcohol or any other controlled substance, product or service;
- to use the services provided in a way that may disrupt the free communication of other Users or to transmit content that constitutes or incites others to commit acts that are punishable by law;
- to distribute content that infringes the personal rights of third parties or is defamatory, degrading, offensive, obscene, pornographic, violent or incites discrimination, political violence, racism, xenophobia, sexism or homophobia;
- to publish information that contravenes the legislation related to the protection of personal data and allows the identification of individuals without their consent, in particular their surname, postal and/or electronic address, telephone, photo, and sound or audio-visual recording;
- to infringe upon the intellectual property rights of third parties, in particular by removing or deleting any mention of copyright or trademarks, as well as any restrictive legend;
- to fraudulently access the Site.
The User agrees to comply with the laws and regulations in force and to only use content they have the necessary rights to distribute, and for which the holder of the rights has given their express consent to distribute, or which is exempt from all rights. “Rights” are understood to include personal rights, copyrights, trademark rights and more generally all intellectual property rights.
b) Rules for moderation of online reviews posted on the Site (publication or rejection)
The User accepts in all circumstances that Michelin and/or its Service Provider will check the content of the reviews submitted in order to decide whether or not to publish them online.
Michelin therefore informs Users that moderation is used to check opinions posted on the Site which appear to be contrary to laws and regulations or to these moderation rules.
In addition to the provisions set out in a) above and the rejection reasons specified in the Verified Reviews' terms of service, Michelin reserves the right to ask the Service Provider to reject, in particular, all reviews posted on the Site:
- containing personal information (phone numbers, email addresses, full names, etc);
- that are not related to the Product itself or its features (such as reviews about the availability of a Product, the shipment of a Product, or the reviewer's experience with a reseller);
- which are shown to be incomprehensible;
- containing a hyperlink redirecting Users to another website or another part of the Site where the evaluation (overall rating and performance ratings) does not show the User’s opinion;
- which show a clear inconsistency between the comment and the evaluation (overall rating and performance ratings).
No modification to reviews will be made by Michelin and/or its Service Provider.
If a review is rejected, Michelin and/or its Service Provider will inform the author of the reasons for its rejection. To do this, an email will be sent to the email address used by the User when submitting their review.
c) Procedure for confirming and verifying reviews
As part of the checks carried out by Michelin and/or its Service Provider, the User must be contactable in order to carry out the necessary checks which will ensure the authenticity of the review, in particular checking that the review submitted relates to an actual consumption experience (purchase or use of the Product).
For Attested reviews, the procedure is as follows: from October 13, 2023 in order to be able to post a review, the User must confirm by checking a specific box that he has had an actual consumption experience of use the Product or service which their review is based on, during the last forty-eight (48) months. The reviews will then be marked as "Attested" on the Site.
Note that Attested reviews are not subject to systematic verification by Michelin and/or its Service Provider. Consequently, the User shall be held liable by Michelin in the event of a false claim.
For verified reviews, the procedure is as follows: Michelin and/or its Service Provider reserve the right to contact the User at any time for verification purposes, which the User accepts, in order to ensure that the review submitted by the said User is based on an actual consumption experience with the Product (purchase and/or use). The reviews will then be marked as "Verified" on the Site.
As such, Michelin and/or its Service Provider have the information needed to identify and contact the User. Identification can be carried out by email. The presentation of proof of purchase and/or use by the User may be required.
d) Special cases of reviews involving a product claim
Reviews containing a claim or highlighting a problem related to the use of a Product will be handled by Michelin's Consumer Care department, which may contact the author of the review directly in order to deal with the claim via the email address provided when the review was submitted.
e) Warning system
An alert system is available at all times to anyone who wishes to report the publication of any message of a controversial nature that they are aware about on the Site, in particular those that may fall within the scope of criminal offences such those covered in the Human Rights Act 1998, European Convention of Human Rights 1950, Crime and Disorder Act 1998, Criminal Justice Act 1988 or any other applicable local legislation that may cover offences relating to crimes against humanity, incitement of racial hatred and child pornography.
To exercise this right, the User may send Michelin any claim via the contact form available on the “Contact Us” /“Help” section by providing all the information they deem necessary for this purpose.
Michelin draws the User's attention to the fact that any statements made by the User may be used in legal proceedings. The provision of false, inaccurate or misleading information may result in civil and/or criminal liability.
f) Grounds for exclusion of a User
Failure to comply with this article may result in Michelin and/or its Service Provider not publishing/withdrawing the disputed review, notwithstanding any other legal action and/or damages that Michelin may be entitled to claim.
ARTICLE 3: DURATION OF PUBLISHING AND STORING REVIEWS
All reviews are posted and kept for a maximum of ten (10) years.
ARTICLE 4: PROCESSING OF REVIEWS
1. Destination of reviews
The reviews published on the Site, as well as the average ratings given, may be used by Michelin and/or its Service Provider on all their digital or paper media.
The reviews published may also be used by the various distributors and partners of Michelin and/or the Service Provider on all their digital media (websites and applications) or paper media, as well as on search engines.
2. Publication of reviews on other media/websites
All the reviews published on the Site or the average ratings given (in the form of stars) may also appear on the websites and applications of Michelin's distributors and partners, as well as on search engines
3. Ranking of reviews
Reviews are sorted by default in chronological order, from most recent to oldest.
ARTICLE 5: COMPENSATION FOR PUBLISHED REVIEWS
Michelin does not provide any compensation for written reviews left by Users on the Site.
ARTICLE 6: RESPONSIBILITY
Michelin shall make every effort to ensure that the Site is accessible to Users at all times. Nevertheless, Michelin cannot be held responsible if the Site or the Provider's site is unavailable for any reason whatsoever.
Furthermore, the User is informed of the inherent risks of using the internet, particularly with regard to security when sending data. Under no circumstances shall Michelin be held liable for these risks and their consequences, which may be damaging to the User, whatever their extent.
Michelin may modify the content of the proposed Site as it sees fit without being held liable for any reason whatsoever.
It is the responsibility of each User to take all appropriate measures to protect their own data, software and hardware from viruses or other threats that may exist on the Site or in the information published.
The User is not entitled to take advantage of any difficulty in accessing the Site to view any information in breach of these Terms and Conditions.
The reviews published cannot be considered to reflect the opinions of the Site's editorial staff but instead are the sole responsibility of their author.
Michelin shall not be held responsible for any contacts made between Users or between a User and any third party.
The Site cannot be used by a User in a way that may disrupt the free communication of other Users or to transmit content that constitutes or incites others to commit acts that are punishable by law.
Whatever checks it may have implemented, it is understood that due to the volume of information published, Michelin is not subject to a general obligation to monitor the information it stores, nor to seek out the facts or circumstances relating to any illicit activities, nor to guarantee the accuracy, integrity or truthfulness of the information published by Users.
Under no circumstances may Michelin be held liable for any activities or information stored at the request of a User if Michelin was not actually aware of their illegal nature or of facts and circumstances revealing this nature or if, as soon as it became aware of this, it acted promptly to remove this data or make it impossible to access.
The User is entirely responsible for the written reviews they publish on the Site.
ARTICLE 7: PERSONAL DATA
The personal data collected during the use of the Site will be processed in accordance with the principles of personal data protection. These principles are outlined in Michelin’s Privacy Policy. This policy explains how Michelin processes and protects the personal information of Site Users.
In addition, Michelin informs the User that the personal data collected may be transmitted to its Service Provider, who is personally responsible for the processing of the data which it collects, and Michelin shall not be held liable for any failure on the part of the Service Provider. For more information, the User is encouraged to consult the Service Provider’s Privacy Policy.
ARTICLE 8: CUSTOMER SERVICE
For any information or question related to the use of the Site and/or the application of these Terms and Conditions, Michelin’s Consumer Care is available to Users by clicking on the “Contact Us”/“Help” section of the Site.
ARTICLE 9: CHANGES TO THE TERMS AND CONDITIONS OF PUBLICATION AND PROCESSING OF ONLINE REVIEWS
Michelin may, at any time, change these Terms and Conditions. These changes are binding for the User as soon as they are published online. The User is therefore recommended to regularly consult these Terms and Conditions in order to be aware of any new changes.
ARTICLE 10: APPLICABLE LAW AND JURISDICTION
Non-compliance by the User, regardless of their location, with any of the provisions of these Terms and Conditions and, more generally, any problems concerning their implementation, interpretation or validity, shall be subject to English Law and the Courts of England.
Date of update: 01/08/2023