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GTCU Eskapade

General Terms and Conditions of Use (GTCU) ESKAPADES Application

Article 1 – Preamble and Purpose

The ESKAPADES mobile application (hereinafter referred to as the “Application”) is published by Chambéry Métropole – Cœur des Bauges, represented by its President Xavier Dullin, the head office of which is located at 106 allée des Blachères à Chambéry (France) (hereinafter referred to as the “Publisher”).

It was developed by the EASY MOUNTAIN Company (GRENOBLE Trade and Companies Register SIRET No.: 802 843 227).

It is designed for physical persons who wish to practice cycling, hiking and any other outdoor activity, to the exclusion of any professional use (hereinafter referred to as the “User”).

The purpose of these General Terms and Conditions of Use (hereinafter referred to as the “G.T.C.U.”) is to govern the relationship between the Publisher and Users using the Application.

These G.C.T.U. Shall be concluded for the period of access to the Application.

The User shall declare to be of age or the holder of a parental authorization and to have the legal capacity to enter into contracts, thus allowing him to accede to the Services of the Application.

The User shall acknowledge having read these G.T.C.U. prior to downloading the Application. Downloading, installing and navigating on the Application by means of his phone by the User shall imply unreserved acceptance on his part of these G.T.C.U. as defined hereinafter.

These G.T.C.U. may be subject to change.

Therefore, it shall be understood that the G.T.C.U. applicable to any use of the Services are those in effect on the Application at the time of use.

The date on which these G.T.C.U. were posted online shall be the effective date.

Any use subsequent to the entry into force of new G.T.C.U. shall therefore be subject to these new G.T.C.U.

The User shall have the option of saving or editing these G.T.C.U., it being specified that both the backup and editing of this document shall be under his sole responsibility.

In the event of non-compliance with the G.T.C.U., thePublisher shall reserve the right to take any measure that may safeguard its interests and in particular to ensure the execution thereof.

Article 2 – Pre-conditions

Technical prerequisites:

The Application is compatible with android smartphones and iOs.

The use of the Application implies the following prerequisites:

  • must have a Smartphone model compatible with the Application and equipped with a Wi-Fi connection or a 3G/4G running under iOS or Android compatible with the Application.
  • must have a Smartphone model compatible with the GPS function.
  • must be entitled to a telephone subscription allowing access to the Internet in order to benefit from the application in online mode.
  • must have a valid e-mail address.
  • must be of age.

The user shall undertake to use the application for personal, non-commercial use.

Under no circumstances shall the Publisher be liable in the event of registration for the service by persons who do not meet the above-mentioned prerequisites. The Publisher shall retain the right to remove any account that does not meet these conditions.

The Services shall be offered to any User after his registration on line.

In any case, the User shall remain responsible for his computer environment and the compatibility of his material with the Application.

Downloading and creating an account:

Downloading the Application is free. It may be done from the App Store and the Play Store.

On downloading the Application, the User shall be requested to create an account.

Downloading the routes is free once the Application has been downloaded and the account has been created.

The User must create an account by entering his 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 his account, the User shall be asked to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in his personal space and the User shall thus refrain from transmitting it or communicating it to a third party. Otherwise, the Publisher cannot be held responsible for unauthorised access to a User’s account.

If necessary, the User may also complete the registration procedure directly via his Facebook or Google + account.

Account Deactivation:

The User may request a deactivation or deletion of his account. A maximum of two (2) months may be required by the Publisher. A request with proof of identity must be made in writing to this address:

Direction du Tourisme et des Grands Equipements
Chambéry Métropole – Cœur des Bauges
106 allée des Blachères – 73000 Chambéry (France)

Or to: eskapades@chambery-metropole-bauges.fr

Deleting the Application:

The User shall be free to remove the Application by uninstalling it from his phone at any time, at no cost.

Article 3 – Description of the features of the Application

The application provides access to the following features: GPS tracing, display of the geolocalised information on a route, map bases, geolocalised information on the route known at the time of downloading (points of interest, entertaining content, photographs of the route, practical information…), a distress button to send its GPS coordinates for help or to family members.

After his excursion, the User shall evaluate the route he chose.

Users shall automatically receive free updates on the routes. However, their content and frequency are in no way guaranteed.

Warnings:

The User is warned that certain features require 3G: tracking, etc. as well as all the interactive / updated information since downloading.

Similarly, in the absence of a GPS signal, it would no longer be possible for the user to be guided on the route but the map display shall remain active.

Finally, the attention of the user is drawn to the fact that as the GPS signal is accurate to more or less 10 meters, it shall therefore be up to the user to measure the risks associated with such a technical limit.

The Publisher shall make no commitment on the exactitude and the precision of the information in the Application, in particular regarding the precision of the background maps, as certain trails may not be shown, as well as information on time remaining and the altitude, which are only approximate and indicative.

Article 4 – Modification and termination of services

The Publisher shall reserve the right, without prior notice or compensation, to make all the deletions, modifications and improvements of its choosing, linked to technical developments, without any guarantee of maintaining the substantial features of the Services as well as their quality and the non-alteration of the Services.

The User shall release the Publisher from all liability in this respect and shall waive all claims and / or proceedings against it.

Moreover, the Publisher shall reserve the right, without prior notice or indemnity, to temporarily suspend access to the Services to ensure maintenance operations related to technological developments or the continuity of the Services.
Temporary interruptions to the service shall, as far as possible, be notified via the Application before they occur.
The Publisher shall also reserve the right, without notice or indemnity, to terminate the Services definitively.

In the event of a partnership between the Publisher and other companies, on the initiative of the user, the elements relating to his personal data can be sent to the partner.

Article 5 – Obligations of the User

The User shall undertake to:

  • comply with the recommendations of the Editor;
  • use the Application with due diligence, care and good judgement: in particular, the User must always stay on a route, even if the Application indicates otherwise;
  • not to publish contents (images, photographs, comments…) that are contrary to public order and good morals or that infringe the rights of third parties;
  • not to publish contents (images, photographs, comments…) that infringe the rights of third parties;
  • comply with laws and regulations in force;
  • not to make professional/commercial use of the Application and/or its contents;
  • comply with the environmental charter and the rules of good behaviour in mountain environments.

The User shall be entirely and solely responsible for any prejudice resulting from non-compliance with the present G.T.C.U, the Publisher being released from any responsibility in this matter.

Article 6 – Responsibility

Responsibility for content posted by Users

The Publisher shall not be responsible for the content posted on the Application (images, photographs, comments…) by Users, but shall reserve the right to moderate or delete said comments if they infringe the rights of a third party or in any way contravene the laws and regulations in force.

Accessibility of the Application and malfunctions

The Publisher shall undertake to make its best efforts to ensure that the Application is accessible and operational at all times, subject to the limitations set out in Section 3 hereof. As such, the Publisher shall be bound, in this respect, only by an obligation of means and not of result, as the Publisher offers no guarantee of continuity of its services.

In particular, the responsibility of the Publisher cannot be incurred in case of malfunction or failure of the Application to operate as a result of the failure or poor quality of 3G coverage or the failure or poor quality of the GPS signal.

Thus, the User shall declare that he knows the Internet well and accepts the limits as constraints. In particular, he shall acknowledge that:

  • the reliability of transmissions is uncertain owing notably to the heterogeneous nature of the infrastructures and networks on which they circulate and that in particular, failures or saturations may occur;
  • restrictions on access to certain networks may exist and may be conditional upon the conclusion of a specific agreement;
  • Internet users may connect their computer equipment anywhere and may, where appropriate, divert, disseminate, alter, destroy or falsify data, software and/or content circulating on the Internet, despite the establishment of access control procedures, in particular by passwords or other access codes. Consequently, it shall be up to the User to take any measure he may deem appropriate to ensure the safety of his equipment and his own data, software or other materials, including against contamination by any virus and/or attempted intrusion of which he could be a victim;
  • any equipment used for connection to the Application is and shall remain the sole responsibility of the User.

The use of the Application is at the risk and peril of the User, who shall recognize this and shall undertake all necessary precautions to use the Application in accordance with these G.T.C.U.

Consequently, the Publisher’s responsibility cannot be incurred by the User for any damage, particularly in the event of the loss of data, or the deterioration of the User’s equipment that may occur due to the use of Application.

Thus, the Publisher shall be held responsible only in the event of damage resulting from a malfunction blocking access or making the use of the Application impossible or very difficult for the Users, which would be shown to originate exclusively from the Publisher.

In any case, the Publisher’s responsibility, if proven, would be limited to the provision of access to the Application in accordance with the requirements of these G.T.C.U.

Compensation for any other damage and in particular of any indirect, material or intangible harm, such as moral and financial prejudice, loss of opportunities, shortfalls, loss of profit, negative effects on the image, etc. shall be excluded.

The Publisher holds an insurance policy guaranteeing the pecuniary consequences of third party liability in the event that it is incurred.

Safety Rules – Natural Risks

The User shall use the Application under his sole and entire responsibility. Children are advised to refrain from using the Application without the presence of an adult.

The information and data available on the Application are collected and checked with extreme vigilance and precision to inform the User in detail of the characteristics of each route and the natural hazards (thunderstorms, fog, falling rocks, avalanches, ice on the route, cliffs, faults, strong winds, slippery ground…). Thus, all the routes available on the Application were designed by professionals, who then checked and validated their quality before putting them online.

However, the natural environment evolves continually and the conditions of accessibility and practicability of a route may change according to the seasons, weather conditions or other factors and the Publisher shall not guarantee, under any circumstances, the protection of the User from all these natural dangers.

The User is invited to inform the Publisher of any development and/or error of which he may be aware as well as of any comment concerning the route, in order to update it and/or improve the service.

In any case, the User is invited to use the Application with due diligence, care and judgement and shall remain the only person responsible for his safety and his choices during the hike. He alone shall be able to estimate his physical abilities.

Thus, the Application must be used as a tool for guidance and decision-making but is in no way a substitute for the assessment and judgement of the User who shall remain the sole master of his security and his choices regarding external data in particular, it being specified that information from field markers must always take precedence over information provided by the Application.

The Publisher shall on no account be held responsible in the event that an accident, however minor, should occur on the proposed routes.

Article 7 – Intellectual Property

The source codes, layout, structure and graphic interface of the Application are the property of the developer of the Application and are subject to the laws governing intellectual property.

The brand and the logos present on the Application, the content, the graphic and text elements of the Application as well as the database are the property of the Publisher of the Application and are subject to the laws governing intellectual property.

Accordingly, Users may not in any way or manner 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 agreement of the developer and / or the Publisher, except for the contents for which they are the source.

It shall be expressly understood that by posting content through the Application, the User shall acknowledge that the said content may be distributed to all the Users of the Application.

In particular, the User shall acknowledge and expressly agree that the evaluation and the comments given on the route shall be freely distributed on the Application and shall be accessible to all Users of these services in order to contribute to the community of Users.

Regarding souvenirs of the hikes (photographs, comments…), the User shall be able to decide freely to keep this information in his personal space to which access is reserved for him or to put these contents online on the Application to make them accessible to the User community and/or the social networks of his choice.

The User shall thus grant to the Publisher for the whole world and for the entire period of copyright protection the right to reproduce, modify and represent the said contents on the Application, without any financial compensation, which the User shall recognise and accept expressly.

In addition, the User shall declare and guarantee that he is the owner of the contents that he puts online and that they are free of all rights, or, at the very least, that he has the rights necessary for their dissemination through the Application.

The User shall also guarantee that each person represented has given his consent to the use and dissemination of his image and shall release the Publisher from any third party claims against it due to the violation of their rights.

Article 8 – Personal data

The personal data collected and subsequently processed by the Publisher shall be those that Users transmit voluntarily via the Application.

Users shall authorise the Publisher to save this personal information in a file that will be processed by information technology for the proper operation of the services offered within the Application, including the automatic profiling of Users, the management of customers, market research and sending information about its products or brands.

The data shall be kept for the period of use of the application by the user and at most for a period of one year after the removal of the user’s subscription. They are intended for the Chambéry métropole – Cœur des Bauges and the public industrial and commercial establishment of Grand Chambéry Alpes Tourisme.

Users should be informed that, in accordance with the Law of January 6, 1978, known as the Law on “Information Technology and Civil Liberties”, amended by the Law of August 6, 2004, they have the following rights:

  • The right to oppose the processing of personal data concerning them other than those announced herein to which they have consented;
  • The right to oppose, free of charge, the current or future commercial processing of the data collected by the party responsible for the processing;
  • Subject to providing proof of identity, the right to obtain information about the processing to which their personal data may give rise;
  • The right to obtain information about the processing of personal data and any information enabling them to know and, if necessary, challenge the logic that governs the processing of such data. To do so, the User must provide proof of identity;
  • Subject also to proof of identity, the right to obtain a copy of his personal data, as well as the right to rectify, update or delete all or part of said data.

For any question or request relating to the protection of the private life, Users shall be able to contact the Publisher, by providing proof of their identity, at the following address: cil@chambery-bauges-metropole.fr
or by post to the following address:
Correspondant informatique et libertés
Chambéry Métropole – Cœur des Bauges
106 allée des Blachères – 73000 Chambéry (France)

Article 9 – Security

The Publisher shall pay particular attention to the protection of Users’ personal data against any form of damage, loss, misappropriation, intrusion, disclosure, alteration or destruction.

This vigilance shall be carried out:

  • by the use of cryptographic means in the transmission of data (SSL);
  • by a commitment of strict confidentiality of the staff of the Publisher who may have access to the personal data of internet users;
  • by backups of the data.

Article 10 – Respect for privacy

The Publisher pays particular attention to the protection of the privacy of Users. Thus, Users should be informed that they can disable the geolocation feature at any time but shall nevertheless be informed that this will render inaccessible some of the services offered by the Application.

In the same way, Users may at any time erase the record of their route as well as any personal content posted online.

Article 11 – Force majeure

Any breach by the Publisher of any of its obligations due to a force majeure event, namely an external, irresistible and unpredictable event, which prevents or makes abnormally difficult the performance of the obligation in question, will not incur liability.

Article 12 – Non-waiver

The fact, for the Publisher, of not applying, of not requiring the application or not availing himself of any of the provisions of these G.T.C.U. cannot be interpreted as a waiver to invoke later this provision or any other.

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 notably the present G.T.C.U. or the use of the Application, the jurisdictional competence is that of the French courts. The competent court shall be appointed according to the rules of procedure in force in France.

In the case where one or more stipulations of these G.T.C.U. must be held invalid, the validity of the other stipulations cannot be called into question except if they were inseparable from the invalid provision.