GENERAL TERMS AND CONDITIONS OF USE
Article 1 - Preamble and Purpose
The mobile application Espace Ski de Rando (hereinafter "the Application") is published by Raidlight Vertical, SAS registered with the RCS of Grenoble under number 422 981 548 whose registered office is located at Route de Perquelin, 38380 St Pierre de Chartreuse (hereinafter "Publisher").
It was developed by EASY MOUNTAIN (SIRET RCS GRENOBLE N°: 802 843 227).
It is intended for individuals who wish to practice ski touring to the exclusion of any professional use (hereinafter referred to as "Users").
The purpose of these General Terms and Conditions of Use (hereinafter referred to as the "T&Cs") is to govern the relationship between the Publisher and the Users using the Application.
The User acknowledges that he/she has read these T&Cs prior to downloading the Application.
The downloading and installation of the Application on the User's telephone implies the User's unreserved acceptance of these T&Cs as defined below.
Article 2 - Preconditions
Technical requirements :
The Application is compatible with Android and iOs smartphones.
In any event, the User remains responsible for his computer environment and the compatibility of his equipment with the Application.
Downloading and account creation:
Downloading the Application is free of charge. It is done from the App Store or Play Store.
When downloading the Application, the User will be asked to create an account.
Downloading the routes is free once the Application has been downloaded and the account created.
The User must create an account by entering his or her personal details in the registration form to access all the features of the Application. The User may consult and/or modify this information at any time from the Application.
When creating an account, the User is asked to choose a password. This password is the guarantee of the confidentiality of the information contained in his personal space and the User is therefore prohibited from transmitting or communicating it to a third party. Failing this, the Publisher cannot be held responsible for unauthorized access to a User's account.
The User has a right to object to his data, and may request that it be deleted and his account deactivated within a maximum period of two months, at the following address: email@example.com
Deleting the Application :
The User is free to delete the Application by uninstalling it from his phone at any time, at no charge.
Article 3 - Description of the Application's functionalities
The Application provides access to the following functionalities: GPS plotting, display of geolocated information about a route, map background, geolocated information about the route known at the time of downloading (points of interest, play content, photographs of the route, practical information...), distress button to send your GPS coordinates to the emergency services or to people close to you, chrono.
After its release, the User evaluates the route he has taken.
Users will benefit from free course updates automatically. However, their content and frequency are by no means guaranteed.
The User is warned that some features require 3G: weather alerts, tracking, chat and all interactive / updated information from the download.
Similarly, in the absence of a GPS signal, it is no longer possible for the User to be guided along the route but the map display remains active.
Finally, the User's attention is drawn to the fact that the GPS signal is accurate to within plus or minus 10 metres, so it is the User's responsibility to measure the risks associated with such a technical limit.
The Publisher does not undertake to ensure the accuracy and precision of the Application's information, in particular as regards the accuracy of the map backgrounds, certain trails may not be included, as well as information relating to time remaining and altitude, which is given only as an approximation and indication.
Article 4 - Obligations of the User
The User undertakes to:
comply with the Editor's recommendations;
use the Application as a "good family man", with caution and discernment: in particular, the User must always remain on a track, even if the Application indicates otherwise;
not to publish content (images, photographs, comments, etc.) that is contrary to public policy and morality or infringes the rights of third parties;
not to publish content (images, photographs, comments, etc.) that infringes the rights of third parties;
comply with applicable laws and regulations;
not to make professional/commercial use of the Application and/or its contents;
respect the environmental charter and the rules of good conduct in mountain environments.
The User is fully and solely liable for any damage resulting from non-compliance with these T&Cs, the Publisher being released from any liability in this regard.
Article 5 - Liability
Liability for content posted by Users
The Publisher is not responsible for the content posted on the Application (images, photographs, comments, etc.) by Users, but reserves the right to moderate or delete such comments if they infringe the rights of a third party or contravene, in any way whatsoever, the laws and regulations in force.
Accessibility of the Application and malfunctions
The Publisher undertakes to make its best efforts to ensure that the Application is accessible and operational at all times, subject to the limits set out in Article 3 hereof. As such, the Publisher is only bound by an obligation of means and not by results, the Publisher offering no guarantee of continuity of its services.
In particular, the Publisher may not be held liable in the event of malfunction or absence of operation of the Application resulting from the non- or poor 3G coverage or the absence or poor quality of the GPS signal.
In addition, the Publisher reserves the right to temporarily interrupt the accessibility of the Application for maintenance, curative and/or evolutionary reasons. However, the Publisher undertakes to make its best efforts to limit the interruption time as much as possible.
Thus, the User declares that he/she is familiar with the Internet and accepts its limits as well as its constraints. In particular, it acknowledges that:
- the reliability of transmissions is uncertain due, in particular, to the heterogeneous nature of the infrastructures and networks on which they operate and that, in particular, breakdowns or saturation may occur;
- restrictions on access to certain networks may exist and may be subject to the conclusion of specific agreements;
- Internet users can connect their computer equipment anywhere and may, if necessary, hijack, disseminate, alter, destroy or falsify data, software and/or content circulating on the Internet, despite the implementation of access control procedures, in particular by password or other access code. Consequently, it is the User's responsibility to take any measure he deems appropriate to ensure the security of his equipment and his own data, software or other, including contamination by any virus and/or attempted intrusion of which he may be a victim;
- any equipment used for connection to the Application is and remains the sole responsibility of the User.
The use of the Application is at the User's own risk, who acknowledges it and undertakes to take all necessary precautions to use the Application in accordance with these T&Cs.
Consequently, the Publisher may not be held liable by the User for any damage, in particular in the event of loss of data or damage to the User's equipment, which may occur as a result of the use of the Application.
Thus, the Publisher shall only be liable in the event of damage resulting from a malfunction blocking access or making it impossible or very difficult for Users to use the Application, which it would be shown to have come exclusively from the Publisher.
In any event, the Publisher's liability, if proven, would be limited to providing access to the Application in accordance with the requirements of these T&Cs.
Compensation for any other damage and in particular any indirect, material or immaterial damage, such as moral, financial, loss of opportunity, loss of profit, loss of profit, damage to the image, etc., is excluded.
The Publisher is the holder of an insurance policy guaranteeing the financial consequences of its civil liability in the event that it is incurred.
Safety rules - Natural objective risks
The User uses the Application under his sole and entire responsibility. Children are advised not to use the Application without the presence of an adult.
The information and data available on the Application are collected and verified with extreme vigilance and precision to inform the User in detail of the characteristics of each route and the natural objective risks (storms, fog, rock falls, avalanches, ice on the route, cliffs, faults, strong winds, slippery greasy terrain...). Thus, all the routes available from the Application have been designed by professionals, who have checked and validated their quality before uploading.
However, the natural environment is constantly changing and the conditions of accessibility and practicability of a course may change according to seasons, climatic conditions or other factors and the Publisher does not guarantee, in any case, the protection of the User against all these natural objective dangers.
The User is invited to inform the Publisher of any changes and/or errors of which he/she is aware, as well as any comments relating to the route, with a view to updating the route and/or improving the service.
In any case, the User is invited to use the Application as a "good family man", with caution and discernment and remains solely responsible for his safety and choices during the hike. He is also the only one able to estimate his physical abilities.
Thus, the Application must be used as a tool to assist in orientation and decision-making but is in no way a substitute for the assessment and judgment of the User, who remains solely responsible for his or her safety and choices in the face of external data, in particular, it being specified that marking information in the field must always take precedence over the information provided by the Application.
The Publisher may under no circumstances be held liable in the event of an accident, even a minor one, occurring on the proposed routes.
Article 6 - Intellectual property
Are the property of the Application developer and subject to the laws governing intellectual property, source code, layout, structure and graphical interface of the Application.
Are the property of the Application Publisher and subject to the laws governing intellectual property, trademark and logos on the Application, the content, graphic and textual elements of the Application and the database.
The use of the Application does not confer any rights on Users other than the use of the Application as defined in Article 3 hereof.
Consequently, Users may not, under any circumstances and in any manner whatsoever, reproduce, represent, distribute, market, copy, translate, adapt, extract and/or decompile all or part of any of the elements reproduced on the Application and all or part of the Application in general, without the prior and express consent of the developer and/or the Publisher, except for the content for which they are responsible.
It is expressly understood that by posting content through the Application, the User acknowledges that such content may be distributed to all Users of the Application.
In particular, the User expressly acknowledges and accepts that the evaluation and comments given on the course will be freely distributed on the Application and will be accessible to all Users of the said services in order to feed the User community.
With regard to the memories of the hikes (photographs, comments, etc.), the User may freely decide to store this information in his personal space to which he has reserved access or to put the said content online on the Application to make it accessible to the User community and/or on the social networks of his choice.
The User thus grants the Publisher worldwide and for the entire duration of copyright protection, the right to reproduce, modify and represent said content on the Application, without any financial compensation, which the User expressly acknowledges and accepts.
In addition, the User declares and warrants that he/she is the owner of the content he/she posts online and that it is free of all rights, or at least that he/she has the necessary rights for its distribution through the Application.
The User also undertakes that each person represented has given his consent for the use and distribution of his image and releases the Publisher from any possible claims by third parties against him due to the violation of their rights.
Article 7 - Personal data
The personal data collected and subsequently processed by the Publisher are those that Users voluntarily transmit via the Application (name, first name, email, postal code, date of birth, gender).
When the User agrees to communicate his GPS data by checking'YES' ('Do you want to communicate your GPS coordinates in real time?'), the Publisher will monitor the User's position in real time when he is connected to the Application.
In general, the User authorizes the Publisher to save his personal information in a file that will be processed electronically for the proper functioning of the services offered within the Application, the automated profiling of Users, customer management, market research, sending information about his products or brands.
Data will be kept for the duration of the User's use of the Application and for a maximum of one year after the User has unsubscribed. The data will be processed only by the Publisher. The data will not be transmitted to other third parties without the User's consent.
The User is informed that in accordance with the law of 6 January 1978 known as the "Data Protection Act" amended by the law of 6 August 2004 and the "General Data Protection Regulations" of 27 April 2016, he has the following rights
the right of access which allows the User to request directly from the Publisher if he holds information and if so to communicate all his data to him;
the right of rectification which allows the User to request the rectification of inaccurate information concerning him/her;
the right of opposition which allows the User, for legitimate reasons, to object to being included in a file. The User may object to the dissemination, transmission or storage of his data (in this case the Publisher informs the User that he will no longer be able to use the Application);
the right to forget and delete data, which allows the User to request the deletion of his personal data (in this case the Publisher informs the User that he will no longer be able to use the Application);
the right to portability, which allows the User to receive personal data concerning him/her in a structured format and to transmit it to a third party;
the right to withdraw consent at any time.
It is also specified that the User may at any time withdraw his consent to monitor his GPS position in real time by modifying the parameters in the Application in the tab "Transmit your GPS coordinates in real time".
For any question or request relating to the protection of privacy, the User may contact the Publisher at the following address: firstname.lastname@example.org or by post at the following address: Raidlight - Trail Station Network, Route de Perquelin - 38380 St Pierre de Chartreuse
Article 8 - Security
The Publisher pays particular attention to the protection of Users' personal data against any form of damage, loss, misappropriation, intrusion, disclosure, alteration or destruction.
This vigilance is carried out:
by using cryptographic means in data transmission (SSL);
by a commitment of strict confidentiality of the Publisher's staff who would have access to the personal data of Internet users;
by data backups.
Article 9 - Respect for privacy
The Publisher pays particular attention to the protection of Users' privacy. Thus, Users are informed that they can deactivate the geolocation function at any time but are informed that this will result in making part of the services offered by the Application inaccessible.
Similarly, Users may at any time delete their journey history and any personal content posted online.
Article 10 - Force majeure
Any failure by the Publisher to fulfil any of its obligations due to the occurrence of an event of force majeure, namely an external, irresistible and unforeseeable event, which prevents or makes it abnormally difficult to fulfil the obligation in question, shall not engage its liability.
Article 11 - Non-waiver
The fact that the Publisher does not apply, require application or rely on any of the provisions of these T&Cs shall not be construed as a waiver of any subsequent use of such provision or any other provision.
Article 12 - Amendments to these T&Cs
The Publisher reserves the right to modify the provisions of these T&Cs at any time and without notice.
Users will be bound by these modifications and must therefore periodically check whether their use of the Application complies with the provisions of the T&Cs in accordance with the version in force.
Article 13 - Applicable law, jurisdiction and independence of clauses
These general terms and conditions of service are subject to French law.
In the event of a dispute concerning in particular these T&Cs or the use of the Application, the jurisdiction is that of the French courts. The competent court will be appointed in accordance with the procedural rules in force in France.
In the event that one or more provisions of these T&Cs are held to be invalid, the validity of the remaining provisions shall not be affected unless they are inseparable from the invalidated provision.