General conditions of use of the mobile application "Les 3 Vallées"
The Association Les 3 Vallées (hereinafter "the Publisher"), an association established under the law of 1st July 1901, constituted on 22/08/2002 and registered at the Sub-Prefecture of Albertville under the number W731001326, whose headquarters are located at L'Annexium 378, avenue de Belleville 73600 MOÛTIERS Cedex, publishes a mobile application "Les 3 Vallées Officiel" (hereafter "the Application") allowing any person (hereafter "User") to have access to information about the Les Vallées ski area (hereafter "the Ski Area").
CLAUSE 1. Purpose of the Application
The Application allows users to:
• Consult the day's weather forecast, and the forecast for the coming days
• Consult the webcams available in the area
• Consult the opening status of the Ski Area's slopes and lifts
• Consult a 2D map of the Ski Area allowing you to:
o Geo-locate oneself in real time
o Visualise their route on this map
o Locate points of interest nearby
The Publisher reserves the right to modify the list and content of the Application's functionalities at any time and without notice.
CLAUSE 2. Availability of the Application
The Application is accessible 24 hours a day, 7 days a week, except in cases of force majeure, breakdowns and maintenance operations.
These maintenance operations may be carried out at any time and may temporarily prevent access to the services, without prior notice.
In addition to these necessary interruptions, damages inherent to the use of the Internet network may occur (break in service, external intrusion, virus, fraudulent use by a third party).
The Publisher shall not be held liable in these different cases, nor, more generally, in the event of unavailability of the services.
The Publisher also reserves the right, without prior notice, to permanently interrupt the services.
CLAUSE 3. Access to the Application and its features
To access the Application and its functionalities, you need to:
• Have a mobile device (smartphone or tablet) with iOS operating software (versions 10.0 and above) or Android (versions 4.4 and above)
• Have access to the internet
• Download the Application from a mobile application download platform (App Store or Google Play).
CLAUSE 4. Financial conditions
Downloading the Application, as well as accessing and using its features, is free of charge, except for any subscription costs with a telephone operator and Internet connection costs.
CLAUSE 5. Use of the Application
Use of the application implies unreserved acceptance of these General Conditions of Use (hereafter the "Conditions") by the User.
5.1. General conditions
The User undertakes to:
• Use the Application only for personal, non-commercial purposes.
• Not to sell, rent or otherwise commercialise the Application or any part thereof.
• To use the Application exclusively for the purposes for which it is intended.
• Keep confidential and not communicate to a third party the connection data (email and password) allowing him/her to access his/her personal space.
• Request the generation of a new password in the event that he/she forgets it, its confidentiality is compromised, it is used by a third party or it is used fraudulently, which he/she suspects or of which he/she is aware, by clicking on the "Forgot your password" link accessible on the Application's login page. In this case, an email containing a new password will be sent to the user at the address he/she provided when creating his/her personal space.
• Not to infringe the intellectual property rights of the Publisher on the application and its components.
• Not to use illegal data or data that infringes the rights of third parties. The Publisher reserves the right to delete such data without notice and without the user being able to claim payment of any compensation whatsoever.
• Not to commit any act that would undermine the security and confidentiality of the data processed by the Application.
5.2. Conditions specific to certain functionalities
Functionalities concerned by this paragraph: My Tracks and Geolocation on the map
The User certifies:
• that he/she is aware of the risks associated with skiing, snowboarding and, in general, all other snow sports (falls, injuries, etc.);
• be at least 15 years old. Where applicable, the User certifies that he/she uses the various functions of My Tracks with the agreement of his/her legal guardians, and undertakes not to evade their supervision;
• to be in good physical condition to practice skiing, snowboarding and, in general, all other snow sports, and to have consulted a doctor beforehand to ensure this;
• have access to quality and complete equipment for skiing and/or snowboarding, and in general for all other snow sports;
• be informed that it is recommended to practice snow sports in moderation, to take breaks and to hydrate regularly, to respect a good food hygiene, to protect one's skin and eyes;
• Prior to each use of the My Tracks application, and in order to ensure that skiing is not inadvisable, the User undertakes to check with the resort the weather conditions and the state of the skiable area.
The User undertakes, within the framework of the use of this feature:
• not to ski outside the marked out ski area;
• to respect the internal regulations of the ski resort in which he/she is staying, and not to use closed ski runs;
• not to endanger themselves or others. To this end, the User must always control his or her trajectory and speed, and adapt them to the environment in which he or she is moving. The User must not use the Services when the weather conditions and/or the state of the ski area are bad (risk of avalanches, insufficient snow cover...);
The Publisher reserves the right to terminate at any time the account of a User who has behaved in a manner contrary to these General Conditions of Use.
CLAUSE 6. Intellectual Property
The Application as a whole is an intellectual work protected by current French and international legislation on copyright and intellectual, literary and artistic property and other similar rights. All the elements making up the Application, such as, but not limited to, trademarks, models, logos, images, texts, sounds and other documents, are protected by intellectual property rights and are the exclusive property of the Publisher, and may not be reproduced, used or represented without the express authorisation of the Publisher and/or its partners, under penalty of legal proceedings.
The Publisher is the owner or licensee of the intellectual property rights on the Application and its components.
The Publisher grants the User a non-exclusive, non-transferable, worldwide, revocable and free license to use the Application in accordance with its intended purpose.
In particular, the User may not copy, extract, reproduce, adapt, modify, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode, reverse engineer, export, use the source codes or merge all or part of the Application or its component parts without the prior and express authorisation of the Publisher.
This license takes effect upon acceptance of the Conditions by the User and is granted for the duration of the protection of intellectual property rights relating to the Application and its component parts as provided for by French law, subject to what is provided for in the "Termination" article of the Conditions.
CLAUSE 7. Personal Information
The data collected for the creation of a personal space, i.e. the User's surname, first name and e-mail address, and when using the Application are processed electronically to enable the User to benefit from the functionalities of the Application in a personalised manner, and to facilitate and enrich his/her experience.
This data is exclusively intended for the Publisher, who is responsible for the processing.
The User's geolocation data when using features based on geographical information is not collected.
In accordance with the French law "Informatique et Libertés" n° 78-17 of January 6, 1978, modified in 2004, the User has a right of access, modification and deletion of data concerning him/her, which he/she can exercise by contacting the Publisher:
• by email at the address: email@example.com
The absence of provision or deletion of personal data will nevertheless not allow the User to access some of the functionalities.
The Publisher undertakes to comply with the provisions of the French Data Protection Act No. 78-17 of 6 January 1978, and ensures optimal security measures against the loss, misuse and alteration of the information entrusted to it by the User. All data received is backed up daily and stored on a secure backup medium.
CLAUSE 8. Limitation of Liability
The Publisher shall not be held liable, in particular, because of
• A violation of the Conditions by the user.
• A malfunction of the Internet network affecting the operation of the Application. In this respect, the user declares that he/she is aware of and accepts the characteristics and limits of the Internet network, in particular the functional characteristics and technical performance of the Internet network, problems of connection or access to the Internet network, problems linked to the availability and congestion of the networks, problems linked to the failure or saturation of the networks, problems related to transit time, access to information posted online, response times for displaying, consulting, querying or otherwise transferring data, risks of interruption, lack of protection of certain data against possible misappropriation or piracy, risks of contamination by any viruses circulating on the said networks, etc.
• Malfunction or misuse of the User's terminal and any other equipment.
• Defect, loss, delay or error in the transmission of data, or the impossibility of using or reconstituting such data due to a failure beyond the control of the Publisher.
• Usurpation of the identity of a third party by the User.
CLAUSE 9. Termination
The User may delete his personal space at any time and free of charge, by simple request to the Publisher:
• by email at the address firstname.lastname@example.org
• by letter addressed to: Association Les 3 Vallées, L’Annexium 378, avenue de Belleville 73600 MOÛTIERS Cedex
The Publisher reserves the right to delete the User's account without notice in the event of a breach of the Conditions by the User, without the User being entitled to claim payment of any compensation whatsoever. The Publisher may use this right without prejudice to the right to claim payment of damages for the harm suffered as a result of the user's violation of the Conditions.
The Publisher also reserves the right to delete the User's account in the event of the cessation of the operation of the Application, without the User being able to claim the payment of any compensation whatsoever.
The deletion of the User's account shall entail the concomitant termination of the licence granted to the User for the use of the Application.
CLAUSE 10. Modification of these Conditions
Les CGU applicables sont celles en vigueur à la date de la connexion et de l’utilisation de l’Application par l’utilisateur.
The applicable Conditions are those in force at the date of connection and use of the Application by the User.
The Publisher reserves the right to modify at any time the present Conditions by publishing a new version that can be consulted in the “Conditions” or “CGU” tab of the Application and on the web page App GTCU
CLAUSE 11. Language
In the event of a discrepancy between the “Conditions Générals d’utilisation” in French and the T&Cs in another language, the French version shall prevail.
CLAUSE 12. Contact and claims
The User may send any request relating to the Application and notify any malfunction or compliance failure to the following address: email@example.com
CLAUSE 13. Applicable law
These General Conditions Use are governed by French law.
If you have any questions about the terms and conditions of use, please contact us at the following address: firstname.lastname@example.org