General conditions of use of the "ARTYBOT" web application
Preamble
The “ARTYBOT” application is the full property of the company Up culture SAS whose head office is located at 62 boulevard Gambetta 10000 Troyes
The purpose of these general terms of use (“GTU”) is to define the conditions under which :
- Up culture SAS makes the mobile application known as “ARTYBOT” (“the application”) and the associated services available to natural persons (hereinafter referred to as “users”).
- Users can access and use the application and associated services.
Any connection to the Application is subject to compliance with these TOS, without reservation.
Before using the application and the associated services, the User is required to read carefully the present TOS. These include important information on the rights and obligations of the User as well as on the limitations of liability of the company Up culture SAS, owner of the “ARTYBOT” Application.
1. Definitions
In these T&Cs, terms and expressions beginning with a capital letter shall have the following meaning:
- ” Application” refers to the web application called “ARTYBOT”, created and developed by the Service Provider and offered to theUser.
- ” GTC” means these general terms and conditions of use, applicable to the relationship between the Provider and the User.
- ” Contract” means the contractual relationship existing between the Provider and the User as a result of the User’s use of the Application, implying the User’s full and unreserved acceptance of the TOS.
- The term ” Journey” refers to the digital tour experiences offered to the User by means of the Application, including in particular cultural walks, treasure hunts, including a geolocation system. All routes are to be completed on foot and not by bicycle or motorized vehicle.
- ” Service Provider” refers to the company Up culture SAS, publisher of the ARTYBOT Application, whose legal notice is given in the Preamble.
- ” Services” means the services offered by the Provider through the Application as set forth in Section 4.
- ” User” means any individual of legal age who downloads the Application and uses the Services offered by the Provider.
2. Acceptance of the General Conditions
The TOS determine the contractual conditions applicable to the relationship between the Provider and the User.
By using the Application and the Services, the User confirms his full and unreserved acceptance of the TOS, which is expressly recognized by the User, who waives, in particular, to rely on any other document not established or not accepted by the Provider, which would therefore be unenforceable against it. If the User does not agree with the TOS, the User is requested not to use the Application or the Services offered by the Provider.
3. Legal notice of the Application
Publisher
The application is published by the company Up culture SAS, a simplified one-person company with a share capital of €1,000, whose headquarters are located at 62 boulevard Gambetta 10 000 Troyes. Registered in the Troyes Trade and Companies Register under number: 884 018 391
Phone : 06 11 01 04 25 | Mail : caroline.rosnet@upculture.fr | Website : www.artybot.fr
Correspondence address: 62 boulevard Gambetta 10 000 Troyes
President: Caroline Rosnet
Host
SCALEWAY S.A.S, BP 438, F-75366 Paris Cedex 08
Any complaint concerning the use of the Application, the present TOS as well as the reporting of inappropriate or illegal content should be addressed to the following e-mail address: caroline.rosnet@upculture.fr
4. Application features and service definition
The application allows the User to make walking tours. The routes are not designed for use by bicycle or motorized vehicle.
The application offers a geolocation system allowing the User who authorizes it to visualize on a map the route that connects him to each of the Points of Interest.
The routes are proposed in an interactive way with the geolocation system.
5. Conditions of access
Use of the Application and Services is only possible if you have access to the Internet.
6. Obligations and responsibility of the User.
- General Obligations
The user is prohibited from using the Application other than as expressly provided herein.
The User is solely responsible for the use made of the Application and the Services. When the User is a minor, his or her use of the Application is the sole responsibility of his or her parents or guardians.
The User further agrees to use the Application in a non-abusive or fraudulent manner, in accordance with applicable laws and regulations, these TOU and the express recommendations of the Provider or its partners.
The Service Provider is not responsible for any damage that may occur as a result of improper use of the Application by the User.
In case of failure or breach by the User of the provisions of the TOS and in particular of this Article 6, the Provider reserves the right to immediately suspend all or part of the Services and/or terminate the Agreement, in accordance with Article 13.
The User shall indemnify and hold harmless the Provider at first request against any loss or damage that the Provider may suffer as a result of the User’s breach of the provisions of this Article 8.
- Specific warnings concerning the courses
The user carries out a Course under his sole responsibility. The user is solely responsible for his conduct and the consequences thereof.
The user expressly undertakes to use the Application and the Services only in strict compliance with the rules of the Highway Code and to exercise the utmost vigilance when travelling.
7. Obligations and liability of the Provider
- General obligations
The Provider agrees to perform the Services in accordance with the commitments made herein and in compliance with applicable laws and regulations.
- Accessibility
The Service Provider shall endeavor to provide access to the Application and the Services 24 hours a day, 7 days a week, except in case of force majeure or an event beyond the control of the Service Provider, and subject to any interventions related to maintenance or troubleshooting, which would be necessary or useful for the proper functioning of the Application. Interruptions in access to the Application may not under any circumstances give rise to compensation for the User, of any nature whatsoever.
In any case, the Provider cannot guarantee the availability of the Application and Services, the reliability of transmissions and performance in terms of response time or quality of transmissions.
The Provider shall not be liable for any of the foregoing.
In particular, the Service Provider is not responsible for the malfunction of the Application or the Services if it is due to misuse by the User.
The User may be barred from accessing the Application, temporarily or permanently, in the event that the User fails to comply with the obligations set forth herein.
- Technical Assistance
A technical support allowing the User to contact the Provider in order to report anomalies affecting the Application or the Services or for any question related to their use, is available at the following address
Responsibility
The Provider is only bound by an obligation of means towards the User for the provision of the Services. Consequently, its liability can only be engaged in the event of proven negligence on its part.
The liability of the Provider is further limited to direct damages to the exclusion of any indirect damages of any kind, including but not limited to damages to the User’s property or claims of third parties.
The Service Provider’s liability is excluded in case of direct or indirect damage, affecting property or persons, suffered by the User or a third party, resulting from the User’s failure to fulfill its obligations under this Agreement or from the act of a third party.
The Service Provider shall not be liable for any material or immaterial damage caused by the use of the Application or its Services.
The information and/or documents available on the Application are subject to change at any time, and may have been updated. In particular, they may have been updated between the time they were downloaded and the time the User becomes aware of them.
- Insurance
The provider declares that he is insured for his professional liability.
8. Intellectual property rights of the Provider
The brand ” ARTYBOT ” is a registered trademark. Any representation, reproduction and/or partial or total exploitation of this brand, of any nature whatsoever, is totally prohibited.
The Provider is and remains the sole owner of all property rights and intellectual property rights relating to any element of the Application and Services provided to the User, and in particular their computer and software infrastructure, name, logos, trademarks and associated names, as well as any results, patented or not, functionalities, database, algorithms, methods, know-how, processes, knowledge, implemented and/or developed in the context of the performance of the present.
The realization of the Services and the provision of the Application by the Provider does not imply any transfer whatsoever of the name, logos, trademarks and associated names, as well as any results, patented or not, functionalities, database, algorithms, methods, know-how, processes, knowledge implemented and/or developed within the framework of the execution of the present.
The realization of the Services and the provision of the Application by the Provider does not imply any transfer whatsoever of the aforementioned rights to the User.
Subject to the User’s compliance with all of its obligations hereunder, the Service Provider grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the Application and the Services for the sole duration of the Agreement between the Service Provider and the User.
The User may not under any circumstances make the Application or Services available to a third party and may not assign all or part of the rights and obligations hereunder, whether by temporary assignment or sublicense and any other agreement providing for the transfer of such rights and obligations.
The User is strictly prohibited from any other unauthorized use, including but not limited to copying, adapting, creating derivative works, distributing, reproducing, modifying, translating, arranging, disseminating, transferring, decompiling, selling, sublicensing, or otherwise exploiting the Application, the Services, or any associated content.
9. Hypertext links
The application may contain hyperlinks to third-party sites on the Internet. Links to these other resources cause the User to leave the Application.
Links to third party sites are provided as a convenience to the User. The Service Provider has no control over these sites or their content and cannot be held responsible for them.
10. Cookies and Other Tracers
Cookies or tracers are small files that can be deposited and/or read when using the Application, regardless of the type of terminal used.
The Application uses cookies or tracers so that :
- Information stored in the User’s terminal equipment may be read and/or recorded;
- And/or information relating to the use of any other mobile applications installed on the User’s terminal equipment may be read and/or recorded there.
The Application uses, in particular, tracers for the purpose of geolocation of the User.
For the purposes of the above, and in accordance with the legal and regulatory provisions, the User must give his prior express consent unless such actions are exclusively for the purpose of enabling or facilitating communication by electronic means with the User or are strictly necessary for the provision of an online communication service at the express request of the User, in which case the User shall be informed.
The User is thus informed, when opening the Application, by a pop-up window of the purposes of the cookies or other tracers used.
The User may accept all cookies, reject all cookies, or customize their choices by purpose. The User’s choices are collected by means of the pop-up window mentioned above. Simply continuing to browse the Application does not constitute consent.
For more information on cookies, the user can consult the CNIL website.
11. Processing of personal data
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2017 (referred to as the “General Data Protection Regulation” or “GDPR”) and the French law N°78-17 of 6 January 1978, as amended, relating to data processing, files and freedoms, the Provider is required, in the context of the provision of the Application and the associated Services, to collect from the User personal data concerning him.
These data are subject to processing by the Service Provider, necessary (i) the performance of this Agreement and, where applicable, the performance of pre-contractual measures taken at the request of the User, (ii) compliance with the legal and regulatory obligations incumbent on the Service Provider and/or (iii) for the purposes of the legitimate interests of the Provider.
Any individual whose personal data is processed by the Service Provider has the right to access, rectify, delete, portability, limit and oppose the processing of such data.
Complete information is available in the Application’s Privacy Policy, which is available on the Application and on the website www.artybot.fr
Any request for additional information or exercise of the above rights may be addressed by e-mail to caroline.rosnet@upculture.fr, by mail to Up culture SAS 62 boulevard Gambetta 10 000 Troyes.
12. Term and Termination of the Contract
The Contract between the User and the Provider is concluded for an indefinite period of time.
Notwithstanding the foregoing, the Provider may suspend the provision of its Services and access to the Application or terminate the Agreement with a User in the event of a breach by the User of these TOU, with immediate effect as appropriate, depending on the severity of the breach or violation.
Termination of this Agreement for any reason shall not affect:
- To the accrued rights, liabilities or remedies of the parties, including payments due on the effective date of termination; or
- To the effectiveness or continued effectiveness of any provision of this Agreement expressly or impliedly designated to be effective or remain effective upon termination.
No compensation shall be due by either party to the other in the event of termination of the Agreement.
13. General Provisions
- Partial invalidity
The nullity of a contractual clause does not entail the nullity of the GCU, except for an impulsive and determining clause that led one of the parties to contract.
- Modification of the TOS
The Provider reserves the right to modify the TOS at any time. Consequently, the applicable TOS are those in force at the date of access to the Application by the User.
- Applicable law – Mediation – Jurisdiction
The GCU and more generally the Contract are subject to French law.
For any dispute related to the conclusion or the execution of the GTU, the User must, before any other step, approach the Provider in order to seek an amicable solution. The User may send a written complaint (i) by e-mail to: caroline.rosnet@upculture.fr or (ii) by post to the address given in Article 3.
In the absence of an amicable solution, the User may, in accordance with the Consumer Code, have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method in the event of a dispute.
Without prejudice to the foregoing, any dispute which may arise in connection with the formation, performance or interpretation of this Agreement shall be submitted to the courts under the conditions of ordinary law.