> Conditions Générales d’Utilisation SNW

Terms and conditions 

 

Article 1 - Preamble and Object

The mobile app Station Nordik Walk (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 Route de Perquelin, 38380 St Pierre de Chartreuse (hereinafter "the Publisher").
It was developed by EASY MOUNTAIN (N° SIRET RCS GRENOBLE : 802 843 227).
It is intended for individuals who wish to practice Nordic walking to the exclusion of any professional use (hereinafter the "Users").
The purpose of these Terms of Use (hereinafter the "TOU") is to govern the relationship between the Publisher and Users using the Application.
The User acknowledges having read these TOU prior to downloading the Application.
Downloading and installing the Application on the User's telephone implies the User's unreserved acceptance of these TOS as defined below.
 

Article 2 - Preconditions

Technical prerequisites :

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 creating an account :

Downloading the Application is free. It is done from the App Store or Play Store.
When downloading the Application, the User will be asked to create an account.
Downloading routes is free once the Application has been downloaded and the account 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 an account, the User is prompted 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. Otherwise, the Publisher cannot be held responsible for unauthorized access to a User's account.
 

Account deactivation :

The User has a right of opposition on his data, and can request a deletion of these and a deactivation of his account within a maximum period of two months, at the following address: contact@stationnordikwalk.com 

Deleting the Application :

The User is free to remove the Application by uninstalling it from his phone at any time, without any charge.

 

Article 3 - Description of the Application's functionalities

The Application gives access to the following functionalities: GPS plot, display of geolocalized information of a route, background map, geolocalized information on the route known at the time of download (points of interest, fun content, photographs of the route, practical information...), distress button to send your GPS coordinates to emergency services or nearby, chrono.
 
After his exit, 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.
 
Warnings :
The User is warned that some features require 3G: weather alerts, tracking, chat and all interactive / updated information since the download.
Similarly, if there is no 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 10 meters, so it is the User's responsibility to measure the risks associated with such a technical limit.
The Publisher does not guarantee the accuracy and precision of the Application's information, in particular with regard to the accuracy of the map background, certain trails may not be included, as well as information relating to time remaining and altitude, which is given only as an approximate and indicative.
 
 

Article 4 - User's obligations

The User undertakes to :
Respect the Editor's recommendations;
use the Application as a "good father", with caution and discernment: in particular, the User must always remain on a course, even if the Application indicates otherwise;
not to publish content (images, photographs, comments, etc.) that is contrary to public order 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 entirely and solely responsible for any damage resulting from non-compliance with these GCU, the Publisher being released from any liability in this matter.

 

Article 5 - Liability

Liability for content posted by Users

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

Application Accessibility 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 forth in Article 3 hereof. In this respect, the Publisher is only bound by an obligation of means and not of result, 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 access to 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 knows the Internet well and accepts its limits and constraints. In particular, it recognizes that:
the reliability of transmissions is uncertain due, in particular, to the heterogeneous nature of the infrastructures and networks over which they circulate and that, in particular, breakdowns or saturations may occur; restrictions on access to certain networks may exist and be subject to the conclusion of specific agreements;

Internet users may 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, in particular, contamination by any virus and/or attempted intrusion of which he may be the victim; any equipment used for connection to the Application is and remains the sole responsibility of the User.

Use of the Application is at the User's own risk and the User acknowledges and agrees to take all necessary precautions to use the Application in accordance with these TOU.

Consequently, the liability of the Publisher may not be sought 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 the use of the Application impossible or very difficult for Users, which it would be demonstrated comes exclusively from the Publisher.

In any event, the liability of the Publisher, if proven, would be limited to providing access to the Application in accordance with the provisions of these GCU.

The compensation of any other damage and in particular any indirect, material or immaterial damage, such as moral, financial, loss of luck, loss of profit, loss of image, etc. is excluded.

The Publisher is the holder of an insurance policy guaranteeing the pecuniary consequences of its civil liability should it be incurred.

Safety rules - Natural objective risks

The User uses the Application under his sole and entire responsibility. Children are encouraged not to use the Application without an adult present.

The information and data available on the Application are collected and verified with extreme vigilance and great 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, violent winds, slippery terrain...). Thus, all the routes available from the Application have been designed by professionals, who have checked and validated their quality before putting online.

However, the natural environment evolves permanently and the conditions of accessibility and practicability of a course can change according to the 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 evolution and/or error of which he/she is aware, as well as of any comment 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 father", with caution and discernment and remains solely responsible for his safety and choices during the hike. He is also the only one who can estimate his physical abilities.

Thus, the Application must be used as an orientation and decision support tool but is in no way a substitute for the User's assessment and judgement, who remains the sole master of his or her security and choices in the face of external data in particular, it being specified that the marking information in the field must always take precedence over the information given by the Application.

The Publisher cannot be held liable under any circumstances in the event of an accident, even a minor one, occurring on the proposed routes.

 

Article 6 - Intellectual Property

Are the property of the developer of the Application 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 present on the Application, the content, graphic and textual elements of the Application as well as 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, 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 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 disseminated on the Application and will be accessible to all Users of said services in order to feed the community of Users.

Regarding the memories of the hikes (photographs, comments...), the User may decide freely to keep this information in his personal space to which access is reserved or to put online said content on the Application to make them accessible to the community of Users and/or on the social networks of his choice.

The User thus grants to the Publisher worldwide and for the entire duration of copyright protection, the right to reproduce, modify, represent said content on the Application, without any financial compensation, which the User expressly acknowledges and accepts.

Furthermore, the User declares and guarantees that he is the owner of the content he puts online and that it is free of all rights, or, at the very least, that he 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 claims by third parties against him because of 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 (surname, 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 proceed to the follow-up of the position of the User in real time when this one is connected to the Application.

Generally speaking, the User authorises the Publisher to save the personal information concerning him in a file which will be processed electronically for the proper operation of the services offered within the Application, the automated profiling of Users, customer management, market research, sending information on its products or brands.

The data will be kept for the entire duration of use of the Application by the User and for a maximum of one year after the User has unsubscribed. The data will only be processed 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 January 6, 1978 known as the law "Informatique et Libertés" modified by the law of August 6, 2004 and the "Règlement Général sur la Protection des Données" of April 27, 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;
  • the right of rectification which allows the User to request the rectification of inaccurate information concerning him;
  • the right of opposition which allows the User, for legitimate reasons, to object to being included in a file. The User may object to his data being distributed, transmitted or stored (in this case the Publisher informs the User that he may no longer 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 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: contact@stationnordikwalk.com or by post at the following address: Raidlight - Réseau des Stations de Trail, Route de Perquelin - 38380 St Pierre de Chartreuse - France.

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 the use of cryptographic means in data transmission (SSL);
  • by a commitment of strict confidentiality of the Editor's staff who would have access to the personal data of Internet users;
  • by data backups.

 

Article 9 - Respect for privacy

The Editor 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 part of the services offered by the Application becoming inaccessible.

In the same way, Users can at any time erase the history of their routes as well as any personal content posted online.

 

Article 10 - Force majeure

Any failure by the Publisher to perform 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 abnormally difficult the performance of the obligation in question, shall not engage its liability.

 

Article 11 - Non-waiver

Le fait, pour l’Editeur, de ne pas faire application, de ne pas exiger l’application ou de ne pas se prévaloir de l’une quelconque des dispositions des présentes CGU ne saurait être interprété comme une renonciation à invoquer ultérieurement cette disposition ou toute autre.

 

Article 12 - Amendments to these GCU

The Publisher reserves the right to modify the provisions of these GCU 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 TOS according to the version in force.

 

Article 13 - Applicable law, jurisdiction and independence of clauses

The present general conditions of service are subject to French law.

In case of dispute concerning in particular the present GCU or the use of the Application, the jurisdiction is that of the French courts. The competent court will be appointed according to the rules of procedure in force in France.

In the event that one or more of the provisions of these GCU should be considered invalid, the validity of the other provisions shall not be called into question unless they are inseparable from the invalid provision.

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