General terms and conditions of use and sale
Article 1 – Purpose of the general terms and conditions
Liv’Story is a simplified joint stock company with capital of 10,000 euros, registered in the Lyon Trade and Companies Register under number 892 816 901, whose registered office is located at 8 chemin Louis Chirpaz, Bâtiment Rameau, 69130 Ecully (’ Liv’Story “ or the ” Company ’).
The Company has developed, operates and markets a mobile application (the ‘ Application ’) in the fields of tourism and culture. In this context, the Company offers users of the Application (the ‘ Users “) audio-guided tourist tours in the form of historical and unusual strolls, exclusively outdoors (the ” Stroll “ or ” Strolls ’).
Any person accessing the Application undertakes to comply, without reservation, with these general terms and conditions, which constitute the general terms and conditions of use and the general terms and conditions of sale (the ‘ General Terms and Conditions ’).
They are subject to acceptance by the User prior to downloading the Application and apply to the use of the Application as well as to the purchase and use of the Walks.
Liv’Story is free to modify, at any time and without prior notice, the General Conditions in order to take into account any legal, jurisprudential, editorial and/or technical evolution. The prevailing version is the one accessible on the Application.
Article 2 – Access to the Application
Access to the Application is possible from a mobile device, after downloading and installing the Application beforehand. The Application can be downloaded from Google Play and App Store.
Downloading and installing the Application is free of charge.
All costs relating to access, whether hardware, software or internet access costs, shall be borne exclusively by the User. The User is solely responsible for the proper functioning of his/her computer equipment and Internet access.
The Company reserves the right, without prior notice or compensation, to temporarily or permanently close the Application or access to one or more Walks, in particular in order to carry out updates, maintenance operations, modifications or changes.
With regard to the Application, the Company declines all responsibility if the User’s mobile phone is not compatible or if the User downloads an unsuitable version of the Application. The Company reserves the right to terminate the services and use of the Application if the User uses it with an incompatible or prohibited mobile phone.
Downloading the Application may give rise to free content, in particular the catalogue of Walks (the ‘Catalogue’). The Catalogue gives a brief description of each Walk, the departure and arrival points and an audio extract.
For optimum use of the services offered by the Application, the User must have an internet connection of sufficient quality and a working audio system.
When downloading the Application, the User has the option of accepting the transmission of his/her geolocation data, which is strictly necessary in order to (i) receive suggestions of relevant Walks close to his/her location and (ii) view his/her position on the Map for effective guidance.
Article 3 – Access to Walks
3.1 Creating an Account
To access the Walks, the User must first register by creating an account.
3.1.1 Registration
Registration is free and enables an account to be created (the ‘Account’). It is reserved for any natural person enjoying full legal capacity in accordance with French law. Minors declare that they have received the agreement of their legal guardian.
By accepting the General Terms and Conditions, the User declares that he/she has the legal capacity to accept the General Terms and Conditions and that he/she is not under legal protection.
The Account is strictly personal and a User may only have one Account.
To register, the User must fill in the registration form, giving his first name and email address. The User guarantees that the information provided is true and accurate. The User may also register via his/her Facebook account, for which he/she accepts the general terms and conditions. This option is not compulsory. If the User registers via his/her Facebook account, he/she acknowledges that the Company may receive public information from his/her profile.
The User shall be held liable for providing information that is misleading, incomplete, out of date, incorrect or usurped when registering. Any breach or falsification of identity may result in permanent exclusion from the Application and criminal prosecution.
The email address provided will constitute the login to the Account.
The User must then choose a six-character password. A User’s password is confidential and must never be disclosed. It is the User’s responsibility to take particular care to prevent any third party from becoming aware of the password. All actions carried out on the Application are the responsibility of the Account holder, even if the Account is used by a third party without the User’s knowledge. These actions include paying for a Ride.
In the event of a lost/forgotten password, Liv’Story will send an email to the User with a link allowing them to change their password.
The User may change their password whenever they wish and as many times as they wish. Users must change their password immediately and in all circumstances if they think or have reason to believe that a third party has had or may have knowledge of it. Any access to the Application using the old password will be suspended by Liv’Story.
At the end of the registration process, the User will receive a confirmation email confirming their registration as a User of the Application.
3.1.2 Use and modification of the Account
The User is then free to modify his/her Account and delete it at any time. He nevertheless undertakes not to post any advertising and to provide relevant, truthful, complete and up-to-date information or documents. Where applicable, Users must ensure that the photos and images they publish on their Account are free of rights and that no intellectual property rights are attached to them.
The information appearing on the Account must be constantly updated and it is the User’s responsibility to modify it so that it corresponds to his/her current situation.
Accordingly, the Company may not be held liable at any time in the event of erroneous, incomplete, misleading or out-of-date information appearing in a User’s Account.
3.2 Buying a Tour
To purchase a Tour, the User must first log into their Account. Once logged in, the User chooses the Tour from the Catalogue.
Each Tour is purchased individually from the Application.
3.2.1 Prices
Prices are expressed in euros and include all taxes, the applicable VAT being that in force on the day the Walk is downloaded.
Liv’Story reserves the right to modify the price indicated on the Application, the applicable price being that in force on the day of purchase of the Tour.
3.2.2 Payment
Payment of the price of a Ride at the time of purchase is made via the App Store or Google Play platforms which carry out the transaction. The conditions defined by these platforms therefore apply to payment (Google Play: general conditions and App Store: general conditions).
3.2.3 No right of withdrawal
In accordance with the provisions of article L. 221-18 of the French Consumer Code, the right of withdrawal may not be exercised for contracts for the supply of digital content that is not
provided on a tangible medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his/her right of withdrawal.
The User who has downloaded a Ballad expressly accepts that the provision of service by Liv’Story begins as soon as a Ballad is downloaded and expressly waives the right of withdrawal associated with contracts concluded at a distance.
Consequently, no request for retraction, cancellation or reimbursement will be accepted for the period subscribed to on this basis.
3.3 Use of the Walks
The purchase of a Tour allows the User to have unlimited access to its content and to start, interrupt, resume and stop reading it at any time.
A map (the ‘ Map ’) is displayed on which the User’s position may appear if they have agreed to transmit their geolocation data. The Map indicates the point of departure, the route planned for the Ride and the point of arrival.
An audio tape is played at the same time.
3.4 Suspension or termination
Without prejudice to any damages that the Company may claim, Liv’Story reserves the right to suspend or terminate a User’s access to their Account or to the services offered by the Application, without notice or compensation, in the event of :
- Non-compliance by the User with the General Terms and Conditions;
- Non-compliance with intellectual property rights;
- Bypassing or attempting to bypass the technical protection measures put in place by the Company;
- Provision of misleading, incomplete, out-of-date, erroneous or usurped information;
- Use of the Account by persons other than the User;
- Article 4 – Intellectual propertyThe Application and the Walks, the content, audio tapes, texts, images, graphics, logos, suggestions, ideas and other information are the exclusive property of Liv’Story and are protected by French and international laws relating to intellectual property. Liv’Story is the sole owner of all rights, titles and interests, including all related intellectual property rights, in and to the Application. The Terms and Conditions do not constitute a sale and do not confer any direct or indirect ownership rights in the Application, nor any intellectual property rights held by the Company. The name, logo and denominations Liv’Story associated with the Application and the Walks are trademarks on which no right or licence to use is granted.The User undertakes not to use, copy, adapt, modify, create derivative works, distribute, license, sell, assign, display or present in public, reproduce, transmit, transfer in stream form, broadcast or exploit in any other way, in whole or in part, whether free of charge or in return for payment, any content of the Application, the Walks and the Catalogue.
The User undertakes not to use the services offered by the Application for commercial, advertising or political purposes.
Article 5 – Collection and processing of personal data
The User’s personal information collected by the Company is used in connection with the services offered by the Company and for the purposes of carrying out the services offered by the Application.
5.1 Purpose of data processing
User data is collected and processed for the following purposes:
- Managing the relationship with the User and responding to any requests or complaints;
- Creation of the Account enabling the purchase of a Tour;
- Modification of the Account by the User;
- Finalising the purchase of one or more Rides;
- Optimal use of the services offered by the Application and in particular (i) the suggestion of Walks close to the User’s location and (ii) tracking the User’s position on the Map;
- Transmission to the User of updates and modifications to the Walks and the Application;
- Possibly to enable the User to receive news from Liv’Story (in particular the newsletter);
- For internal statistical purposes only.
5.2 Use of data
The processing of User data includes in particular:
- The management of consents and authorisations for the use of personal data in strict compliance with the purposes listed above;
- The possibility of recognising the status of User;
- Managing communication and monitoring exchanges with the User;
- Management of User requests relating to the exercise of their rights regarding their personal data: rights of access, rectification and opposition;
- Managing the risk of fraudulent use of the data or services offered;
- The management of any disputes, in particular relating to the recovery of sums that the User may owe the Company or the management of payment incidents;
- Processing related to the Company’s compliance with legal or regulatory obligations applicable to its activity;
- User data will be processed within the framework of the General Terms and Conditions and in compliance with the interests, freedoms and fundamental rights of Users.
5.3 Data collected
The following data is collected:
- Contact details requested when the Account is created, i.e. first name and e-mail address;
- Geolocation data, which is not stored or kept by the Company; with the exception of data from open data, the other data is strictly confidential and is not accessible to the public.
5.4 Data recipients
In order to achieve the purposes described above and within the limits necessary for the pursuit of these purposes, User data may be transmitted in whole or in part to the following recipients:
- Persons working in or for the Company;
- Payment service providers;
- Liv’Story’s hosting or facilities management service providers or subcontractors;
- Administrative or judicial authorities, where applicable, in the context of compliance by the Company with its legal and regulatory obligations, or to enable it to defend its rights and interests.
5.5 Data retention period
The data collected will be kept for the time required to fulfil the purposes listed above, plus the period of legal prescription. Thus, the data will be kept at the time of purchase of a Tour and may then be kept for a period of three (3) years following the last contact by the User.
Data may also be kept for longer periods in order to comply with specific legal obligations or to comply with applicable statutory limitation periods, in particular :
- Six (6) years for tax documents ;
- Ten (10) years for accounting documents; and
- For the duration of any litigation and until all legal remedies have been exhausted, where applicable.
5.6 Protective measures
The Company takes into account the nature of the personal data and the risks presented by the processing in order to implement appropriate technical, physical and organisational measures to preserve the security and confidentiality of personal data and prevent it from being distorted, damaged or accessed by unauthorised third parties.
The Company chooses service providers and subcontractors who offer guarantees in terms of quality, reliability and resources to ensure the implementation of these measures. The service providers and subcontractors thus chosen undertake to respect levels of confidentiality at least identical to those of the Company.
5.7 User rights
The User has the right to access, question, rectify, transmit and delete personal data, as well as the right to define directives concerning the fate of his/her data after his/her death.
Users also have the right to object to the processing of their data. If this right is exercised, the Company will cease processing, except where there are legitimate grounds for the processing which override the interests and rights of the User or for contesting, exercising or defending a legal claim.
To exercise these rights, the User must contact the Data Protection Officer by email: rg**@li*******.com or by post: Liv’Story, 8 chemin Louis Chirpaz, Bâtiment Rameau, 69130 Ecully.
Article 6 – Liability
The User agrees:
- not to deliberately and/or repeatedly provide information that is out of date, erroneous, inaccurate, falsified, usurped or counterfeit;
- to download and use the Application exclusively for personal use and not to transfer it to a third party;
- not to authorise third parties to use his/her Profile;
- not to assign or transfer his/her Account to any other natural or legal person;
- not to use the Balades or the Application for illegal purposes, in particular to send or save illegal content or for fraudulent purposes;
- not to use the Balades or the Application to harm, embarrass or disturb third parties;
- not to disrupt the Balade or the Application in any way;
- not to use the service or the Application with an incompatible or prohibited mobile phone;
- to comply with all applicable legislation in his/her country of origin, country, state and/or town where he/she is when using the Application or a Tour. The Company may not be held liable in the event of non-compliance by the User with the above undertakings. The Company may not be held liable for third-party applications or third-party content offered by a third party on or via the Application or the Walks, nor for any advertising appearing when using the services offered by the Application.The Company may not be held liable for any damage that may arise in the event of intrusion or contamination of the equipment used by the User by malicious or harmful programmes.
The Company accepts no liability if a breach of any of the obligations arising from the General Terms and Conditions is the result of a case of force majeure as defined by the law and case law and, in particular, fire, disaster, epidemic, administrative measures, strikes, failures or breakdowns.
The Company may not be held liable for any claim or proceedings against the User arising from the use of the Application. The User undertakes to deal personally with any claim, demand or opposition and, more generally, any proceedings brought against the Company by a third party in connection with the use of the Application.
Article 7 – Nullity of a clause
Should any provision of the General Terms and Conditions be declared invalid, unenforceable, void or deemed unwritten, for any reason whatsoever, the other provisions will remain applicable and valid.
Article 8 – Applicable law and disputes
The General Terms and Conditions are subject to French law.
Any User who wishes to make a complaint to Liv’Story must first send an email to rg**@li*******.com.
The User may refer the matter free of charge to the Commission Paritaire de Médiation de la Vente Directe which will seek an amicable settlement.
The User may also refer the matter to any competent jurisdiction.