MOBILE APP TERMS OF USE

Last updated on: April 10, 2020

1. Legal information and purpose of the Terms

The purposes of these Terms and Conditions of the Chic & Win application, developed by Pandaroo – whose full contact details are available below (hereinafter “Pandaroo“) – is to define the terms of use of the Chic & Win Application, accessible on the Apple and Google Download Platforms as well as the terms and conditions of use of the Services.

If you have any questions about these Terms and Conditions, you can contact Pandaroo at the following address: contact@pandaroo.fr 

The Platform is hosted by Amazon Web Services, whose contact details are available by clicking here.

2. Definitions

For the purposes of these Terms and Conditions, capitalized terms, whether used in the singular or plural form, shall have the following meanings:

  • “Application“: shall refer to the Chic & Win mobile application, available from the Apple and Google Download Platforms, published by Pandaroo;

  • “Pandaroo/We“: shall refer indistinctly to the company Pandaroo – whose full contact details are available below;

  • “T&Cs“: shall refer to the Terms and Conditions of Use and Services of the Application;

  • “Personal Data“: shall refer to the User’s personal data, under the Personal Data Regulations, collected and processed in connection with the use of the Services;

  • “Download Platform“: shall refer, without distinction, to a platform operated by a third party and used to download Applications, such as the App Store or Google Play.

  • “Policy“: shall refer to the privacy and Users personal data protection policy implemented by Pandaroo and accessible by clicking here, which forms an integral part of these T&Cs;

  • “Service(s)“: shall refer to the functionalities and services as described on the Application, made available to You

  • “User/You“: shall refer to any natural person of legal majority and capable of, or with parental authorization to do so, using the Application without being subject to any legal, regulatory, or contractual prohibition and/or restriction preventing him from posting Content and having complied, where applicable, with all legal, regulatory, and contractual formalities in order to use the Services;

  • “Terminal(s)“: shall refer to the physical equipment (Tablet, smartphone, etc.) used by the User to use the Application.

3. Scope, acceptance, and modification of these T&Cs

1. Acceptance of the Terms and Conditions

These T&Cs shall govern the rights, obligations, and restrictions related to the use of the Application and Services.

IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES AVAILABLE FROM THE APPLICATION.

Access to the Application and use of all or part of the Services implies that You accept and agree to comply with the T&Cs, the Policy, any other warning notice, and/or other applicable contractual terms, including the rules of the game, if any, applicable when using the Application.

2. Modification of the Terms and Conditions

Pandaroo reserves the right to periodically modify these T&Cs and the Policy, for example, to adapt them to legislative and regulatory changes, or to modify the functionalities offered on the Application.

We encourage you to regularly review these T&Cs and the Policy to be informed of any changes made. If You do not agree with the amended T&Cs, You must stop using the Application. Your continued use of the Application beyond the date of publication of the amended T&Cs will constitute Your acceptance of the amended T&Cs.

These T&Cs and the Policy are subject to change and the applicable terms and conditions are those in effect and accessible on the date You access the Application.

We recommend that You print or save locally a copy of these Terms and Conditions for Your records.

4. Information on and protection of minors

If You are a minor and You wish to access the Application and make full use of all or part of the Application, You must read and acknowledge the T&Cs with the help of your parents or legal guardians and obtain their consent to use the Services.

However, Pandaroo recommends that parents or legal guardians monitor the activities of their children or the children for whom they are responsible when using the Application. Pandaroo recommends that You be vigilant in ensuring that your children, or the children for whom You are responsible, never disclose their Personal Data without Your consent. Please note that Pandaroo is not allowed to request more personal information than necessary.

Pandaroo reserves the right to restrict or prohibit access to the Application to minors who have not reached the minimum age required by local legislation (e.g., 15 years old in France) if Your prior consent has not been given.

Notwithstanding the foregoing, the use of the Application must be made under parental supervision, and any use of the Services by minors shall be deemed to have been validated beforehand by their parents or legal guardians.

Unless otherwise provided by law, Pandaroo disclaims any liability for the use of the Application by minors without the consent of their parents or legal guardians.

5. Terms and Conditions of the Application

1. User Account

To be able to access all features and benefits of the Application, it is not necessary to create a User Account. Pandaroo will never ask for Personal Data before allowing access to the Application. No Personal Data will be collected before allowing access to the Application.

2. Technical data collection

In the event of technical issues regarding the Points of Interest used with the Application, You will be given the option to report such issues back to Pandaroo.
If you decide to do so, the Application will require your authorization to collect data necessary to resolve the issue:

  • GPS location: In order for Pandaroo to locate the Point of Interest that is not functioning properly

  • Email adress: in order for Pandaroo to request details of the technical issue from You

If authorized, this data will be used for the sole purpose of resolving technical issues and will in no way be saved or disseminated. Upon closing the issue, all related data collected will be erased by Pandaroo. Technical issues may also be directly reported by sending an email to contact@pandaroo.fr.

3. Use of the Application

The Application is provided to You under a non-transferable, non-exclusive, non-commercial, personal license, and exclusively for leisure and personal use.

The Application remains the sole property of Pandaroo, in particular with respect to the associated intellectual property rights. Therefore, the license granted is not deemed to be a transfer of the intellectual property rights of the Application.

As such, You may not sell, copy, exchange, transfer, publish, rent, license, distribute, market, or commercially exploit the Application, or decompile it, disassemble the code, reduce it to a human-readable form, or assign or distribute any material that You may copy or derive from the Application.

The license to install and use the Application will be in effect from the time it is downloaded until it is terminated. You may terminate this agreement at any time and for any reason.

In order to be able to benefit from all the Services, you have to have your own compatible means of telecommunication and Internet access. The provision of the Services does not imply that Pandaroo also provides a compatible Terminal. You are informed that the Application is not compatible with all Terminals and operating systems and that the performance of the Application and related Services may vary accordingly. The Terms of Use of the Download Platforms shall continue to apply in their entirety and govern Your behavior when You access the Services. In the event of any conflict between the terms and conditions of use of the Online Download Platforms and these T&Cs, the former shall prevail. Pandaroo shall not be held responsible for your use of the Services on the Download Platforms. Pandaroo shall only be responsible for providing customer support for the Services.

4. Rules of Conduct

Pandaroo hereby authorizes You to access and use the Application subject in particular to the following requirements. You acknowledge that failure to comply with any of these shall be deemed a breach by You of these Terms and Conditions.

You shall therefore:

  • access and use the Application and Services in good faith, in a reasonable manner, not contrary to the terms of these Terms and Conditions;

  • not use any devices intended to i) affect or attempt to affect the proper functioning of the Application ii) or extract, modify, consult, even in a buffer or temporary memory, or for individual use, all or part of the Application;

  • not access and/or use the Application for illegal purposes and/or with the aim of causing damage to the reputation and/or image of Pandaroo and/or third parties, including Users, or more generally to infringe the rights, in particular intellectual property rights, of Pandaroo and/or third parties, including Users, and more generally, with a view to violating applicable national and/or international standards, laws and/or regulations and/or administrative and/or contractual provisions;

  • not directly or indirectly market the Application and/or the access to the Application

  • not reuse or exploit all or part of the Application and Services and/or Content, in particular for business and/or collective and/or personal purposes in a form and/or media not authorized by Pandaroo and/or the owners of such Content;

  • not limit the access to and the use of the Applications and Services;

  • not modify, including in a buffer or temporary memory, any reference to all or a part of the Application and Services;

  • ensure that the use of the Application and Services does not affect nor compromise the stability, security, and quality of the Application and Services, networks, bandwidth, or infrastructures of Pandaroo, other Users, and/or third parties;

  • not violate the provisions of Sections 323-1 to 323-7 of the French Criminal Code punishing so-called “hacking” practices;

  • not post any Content, on the Application, that is unlawful, including if it infringes the rights of third parties, violates an applicable law, in particular the 29 July 1881 French Act on freedom of the press (Loi du 29 juillet 1881 sur la liberté de la presse), and/or constitutes an infringement or violation of any intellectual property right, know-how, trade secret, or personality right of a third party (privacy, image rights, etc.), likely to be the subject of any unfair competition and/or free riding claim or, more generally, a liability claim;

  • not post any Content on the Application that incites hatred or violence; is threatening, aggressive, pornographic, for the purposes of pimping or pedophilia; is obscene, vulgar, racist, sexually explicit, or violent, in contravention of public decency standards, or xenophobic; for the purposes of computer piracy or proselytizing; or contains nudity or gratuitous violence, and more generally is likely to elicit a liability claim;

  • not post any Content that violates the legitimate interests of Pandaroo or Chic & Win;

  • not upload viruses or any other malicious code to the Application;

  • not replace any security features or bypass or avoid any access control to the Services;

  • not intimidate or harass other Users, if any, using the Services;

  • not publish official documents or financial information concerning others;

  • not organize contests or sweepstakes (“promotions”) without the prior written consent of Pandaroo;

  • not allow and encourage noncompliance with any of the provisions of these Terms and Conditions;

  • not make improper use of the Application Support Service or send false reports to Pandaroo;

  • not refuse to follow the instructions of any Pandaroo representative and/or to masquerade as an employee or representative of Pandaroo, its partners, contractors, and/or agents.

Pandaroo is constantly innovating in order to offer the best possible experience to its Users. You acknowledge and agree that the form and nature of the Services provided by Pandaroo may be modified from time to time without prior notice. As part of this ongoing innovation, You acknowledge and agree that Pandaroo may discontinue (permanently or temporarily) any of the Services to You and the Users, at its sole discretion, without notice. You may stop using the Services at any time. You are not required to specifically inform Pandaroo when you stop using the Services.

6. Intellectual Property Rights

1. Intellectual Property Rights

Pandaroo holds the intellectual property rights to the general structure of the Application. Chic & Win is the rightful owner and responsible for of all itineraries and content found in the Chic & Win application. 3D models are the property of the entity that provided them.

Consequently, any representation, reproduction, modification, distortion, and/or total or partial exploitation of Application and its contents, by any process whatsoever and on any medium whatsoever, without the express prior authorization of Pandaroo and Chic & Win, is prohibited and shall be deemed to be a copyright infringement.

2. Distinctive Signs

The trademarks, logos, company names, abbreviations, trade names, signs, and/or domain names of Pandaroo, allowing access to the Application and Services made available by Pandaroo, are distinctive signs that cannot be used without the express and prior authorization of their owner.

Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and shall be deemed a trademark infringement and a misuse of the company name, trade name, and domain name incurring the tortious liability of its perpetrator.

3. Use of the Services

The Services are designed, edited, and managed by or on behalf of Pandaroo.

The User acknowledges and accepts that access to the Content and Services made available by Pandaroo shall not entail any transfer of intellectual property rights to the User, with the exception of any Content generated by the User, in accordance with the provisions of Sections 6.5 and 6.7.

Access to the Services is exclusively limited to the User’s private and personal use under the conditions and limits defined in these T&Cs.

7. Third-Party websites and content

The Application may contain hyperlinks to other websites that are not owned by Pandaroo. Pandaroo has no control over the content, the specific conditions of each third party offer, the terms and conditions of sale or of use, privacy policies or practices of third party websites, and shall not be held liable in this respect.

You acknowledge and agree that Pandaroo shall not be held liable for the availability of these external websites and sources and does not support any advertising, products, or other links or data on or accessible from such websites or external resources.

You acknowledge and agree that Pandaroo shall not be held liable for any loss or damage you may suffer as a result of the existence of such websites or external resources or your reliance on the completeness, accuracy, or existence of any advertising, products, or other data on or accessible from such websites or external resources.

In the event that, in your opinion, an offer from a referenced third party contains illegal or inappropriate content, You must inform us by emailing contact@pandaroo.fr 

8. Liability, Warranty, and Compensation

1. Access and Availability of the Services

Pandaroo shall use its best effort to make its Application and Services available 24/7, regardless of the maintenance operations.

In this respect, Pandaroo reserves the right to interrupt access to all or part of the Application for maintenance and/or improvement work. These interruptions of the Application will be notified to You in advance, where Pandaroo is able to do so, notably by broadcasting an alert message on the Application or social networks related to the Application. In case of an emergency, Pandaroo may interrupt all or part of the access to all or part of the Application for a reasonable period of time in order to perform a required technical operation. These interruptions of the Services shall not give rise to any compensation for the User.

Pandaroo, which provides the technical service enabling the use of the Services, is therefore subject only to an obligation of means, and shall not be held liable for any failure and/or delay in sending or receiving Content or associated with the use made by the Users.

2. The User’s Liability

You agree that Your use of the Application is at Your own risk and that it is Your responsibility to maintain the health, liability, risk, personal injury, medical, life and any other insurance policies that You reasonably deem necessary in the event of any prejudice You may suffer while using the Application. You shall remain solely and exclusively responsible for the use of the Application and Services made available to You and for the compliance with these T&Cs.

3. Disclaimer of Warranties

Access to the Application and its Services requires an Internet connection for which You are fully responsible and liable.

Pandaroo does not intervene in relationships, in particular legal relationships, between the Users, and it is their responsibility to carry out usual checks, including of legal nature, before entering into any agreement with a User which shall be binding on them alone.

In any event, Pandaroo does not guarantee:

  • the continuous updating of the Application;

  • the absence of interruptions to the Service functionalities or of viruses or any other harmful component in the Services or the servers that operate them, or the rectification of defects in the operation or functionalities of the Application;

  • that the use of the Application will meet your needs;

  • that any information you have acquired by using the Application will be accurate or reliable, even though we make every effort to ensure it is.

The Application is provided as is and Pandaroo makes no warranty in this regard.

4. Limitation of Liability

You acknowledge that Pandaroo does not exercise a priori control over the content you may publish on social networks, transmitted via the Application, and has no general obligation to monitor the Content published. Pandaroo hosts no user-created content directly.

Therefore, Pandaroo may only intervene in relation to the Content published as part of the Services in the event that manifestly illegal Content is reported to Pandaroo by a User.

You can contact Pandaroo via the the following address : contact@pandaroo.fr

Pandaroo shall only be liable for direct damages caused by the Services, except in the event of fraud, gross negligence, willful misconduct, force majeure, death, personal injury, and any other exclusion provided for by public policy laws and regulations.

Pandaroo shall not be held liable:

  • for any indirect damage that may be caused to You, including any loss of profit (whether direct or indirect), opportunity, or reputation that You may suffer;

  • in connection with any proceedings brought against You resulting from Your noncompliance with regard to the use of the Application. In this respect, you acknowledge and agree that You will be personally liable for any claim or proceeding brought against Pandaroo as a result of Your noncompliance in connection with the use of the Application.

  • for any loss or damage that You may suffer as a result of:

    • inaccuracy, illegality, or inadequacy of the Content shared by You or in the event of damage resulting from the use of Content provided by a third-party User;

    • the reliance on the completeness, accuracy, or existence of any advertising or resulting from any relationship or transaction between You and any of the advertisers or sponsors whose advertising appears on the Application;

    • any change that Pandaroo may make to the Application or any temporary or permanent deletion of one or more Services;

    • in the event of unavailability of the Application for reasons such as failure of the public electricity grid, failure of the telecommunications cable networks, loss of connectivity to the Internet network due to public or private operators, in particular loss of connectivity of the User, in particular as a result of strikes, storms, earthquakes, or any other cause characterized as force majeure;

    • in the event of use of the Services by a User under conditions that do not comply with these Terms and Conditions;

    • noncompliance with the legislation of a foreign country where the Services and/or the Applications and/or the Platform would be used.

Pandaroo’s limitations of liability towards you will apply whether or not Pandaroo has been advised of the possibility of such losses occurring and whether or not it should have been aware of them.

Pandaroo’s liability may not be sought if the performance of one of its obligations is prevented or delayed due to a case of force majeure as defined by Article 1218 of the Civil Code.

5. Health of Users

Pandaroo recommends that you take the following precautions in all cases when using the Application. Avoid playing if you are tired and/or sleep-deprived. Make sure you pay close attention to your surroundings at all times, including, but not limited to obstacles, moving vehicles, or pedestrians. When using a Service that may be connected to a screen, play as far away from the screen as possible and as far as the connection cable allows. During use, take breaks of ten (10) to fifteen (15) minutes every hour.

Warning about epilepsy

Some people are susceptible to epileptic seizures involving, if they occur, loss of consciousness due in particular to certain types of strong light stimulation: rapid succession of images or repetition of simple geometric patterns, lightning, or explosions. Such people are at risk of seizures when they play certain video games with such stimuli, even if they have no medical history of seizures or have never been subject to epileptic seizures themselves. If you or a family member have ever had symptoms related to epilepsy (seizure or loss of consciousness) in the presence of light stimulation, consult your doctor before use. Parents also need to pay particular attention to their children when they play video games. If you or your child have any of the following symptoms: dizziness, vision problems, eye or muscle contractions, disorientation, involuntary movement or convulsion, or momentary loss of consciousness, stop playing immediately and consult a doctor.

9. Protection of Personal Data

No personal data is collected while using the Application

However, Pandaroo shall respect the confidentiality of the Personal Data You provide to Us when You report a technical issue and have authorized the collection of necessary data for that sole purpose, in compliance with the applicable provisions of the Personal Data Regulations and in accordance with the provisions of its Policy accessible by clicking here.

10. Miscellaneous

1. Notifications

You agree that Pandaroo may send You notifications, including those modifying these T&Cs, by broadcast on the Application.

2. Correspondence – Proof

Except as otherwise provided in these T&Cs, correspondence between You and Pandaroo is conducted mainly by e-mail.

In accordance with Articles 1366 et seq. of the French Civil Code, You acknowledge and accept that the information provided by Pandaroo by e-mail and on the Application between You and Pandaroo is authentic.

Elements such as the time of receipt or issue, as well as the quality of the data received, will be deemed authentic by priority as appearing on the Application, or as authenticated by Pandaroo’s computerized procedures, unless You produce written proof to the contrary.

3. The Complete Terms and Conditions

These T&Cs shall be deemed to be the entire agreement between You and Pandaroo with respect to Your use of the Application and supersede in their entirety any prior agreements between You and Pandaroo with respect to the Application. Any other terms of use that Pandaroo may periodically offer are expressly excluded from these T&Cs.

4. Absence of Waiver

You acknowledge that if Pandaroo does not exercise or enforce any right or remedy provided in these T&Cs (or available to Pandaroo under any applicable law), this does not constitute a formal waiver of Pandaroo’s rights, and such rights and remedies shall remain valid and enforceable for Pandaroo.

5. Partial Invalidity

If any of the terms of these T&Cs are found to be invalid by any decision of a court of competent jurisdiction, they shall be deleted without affecting the other terms of the T&Cs. The remaining terms shall remain valid and applicable.

6. Titles

In the event of interpretation difficulties between one of the titles appearing at the top of the sections of these Terms and Conditions and one of the terms, the titles will be declared null and void.

11. Beneficiary of the T&Cs

You acknowledge and agree that Pandaroo’s Subsidiaries are considered beneficiaries of the T&Cs and that such other companies are entitled to directly enforce and rely on the terms of these T&Cs. Except as provided herein, no other person or company shall be considered a third-party beneficiary of these T&Cs.

12. Applicable Law – Dispute Resolution

These T&Cs shall be executed and interpreted in accordance with French law.

In the event of any dispute in connection with these T&Cs, their interpretation, and their consequences, or with the acts supplementing or modifying them, the User will contact Pandaroo in order to try to reach an amicable solution.

Any complaint to Pandaroo must be made in writing.

If a cordial agreement is not reached, the User may choose:

  • To resort to an amicable mediation solution within a maximum period of one (1) year from the date of Your written complaint to Us:

– either by referring the matter to an ombudsman with a view to agreeing to reaching an amicable settlement of the dispute. To this end, the dispute will be submitted to mediation in accordance with the mediation rules of the Bourg-en-Bresse court of law.

– or by using the online dispute resolution system available at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage, bearing in mind that the proposed mediation process cannot be a prerequisite for a referral to the competent courts by You.

  • To bring its claim before the competent French courts.

 

Owner of the Application Structure

PANDAROO

1111, chemin de Monternoz, 01960 Péronnas

Contact : contact@pandaroo.fr 
Directrice de publication : Marie-Aimée Gros-Rosanvallon

 

Owner of Content

CHIC & WIN

7B, rue Marc Seguin, 01000 Bourg en Bresse

Contact : ainpertinentes@gmail.com

Concept and creation of the Application

PANDAROO

SASU au capital de 5 000 €
Siège social : 1111, chemin de Monternoz, 01960 Péronnas
Téléphone : +33 (0)7 68 78 12 97
N° TVA intracommunautaire : FR61837602259
Contact : contact@pandaroo.fr

 

ANURA

SARL au capital de 10 000€

Siège social : 25, avenue Arsène d’Arsonval, 01000 Bourg en Bresse

Téléphone : + 33 (0)4 74 50 09 81

N° TVA intracommunautaire : FR12827493032

Contact : contact@anura.fr

 

NABLAWARE
SAS au capital de 1 000 €
Siège social : Zac athelia II, 112 avenue du serpolet, 13600 La Ciotat
Téléphone : +33 (0)9 72 50 04 37
N° TVA intracommunautaire : FR01809945017
Contact : xavier.talandier@nablaware.fr 

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