General Conditions of Use
Effective date: 02/18/2021
1. OBJECT
The “enform @ Lyon” application (hereafter: the “Application”) offers its users (hereafter: the “Users”) running, walking and / or physical training exercises ( hereinafter together: the “Itineraries”) in specific cities or places around the world.
The purpose of these general conditions is to define the general conditions of use of the services offered on the Application (hereafter: the “Services”) as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time by a direct link at the bottom of the Application.
They may be supplemented, if necessary, by conditions of use specific to certain Services, which supplement these general conditions and, in the event of contradiction, prevail over them.
2. Operator of applications and services, contact
The Application and Services are operated by MILE POSITIONING SOLUTIONS, a simplified joint-stock company, registered with the Lyon RCS under number 817 706 898, whose head office is located at 390 Chemin du Mas Joint 69270 FONTAINES SAINT MARTIN (hereinafter : "MILE").
MILE can be contacted at the following coordinates:
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Postal address: 390 Chemin du Mas Joint 69270 FONTAINES SAINT MARTIN
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Phone: +33687836922
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Email address: founders@mile.eu.com
3. Access to the application and services
3.1 Legal capacity
The Application and the Services are accessible:
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Any natural person having full legal capacity to engage under these general conditions. Natural persons who do not have full legal capacity can only access the Application and the Services with the consent of their legal representative.
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To any legal person acting through a natural person having the legal capacity to contract in the name and on behalf of the legal person.
3.2 Site and Services reserved for individuals
The Application and the Services are intended exclusively for individuals and are not intended for professional use, understood as any use directly or indirectly linked to a remunerated activity carried out on a non-occasional basis in all sectors of industry and commerce.
4. Acceptance of general conditions
4.1. The acceptance of these general conditions by the Users who register on the Application is materialized by clicking on the I accept box when I connect to the Application for the first time.
Regarding Users not registered on the Application, their use of it and / or the Services implies their acceptance of these general conditions, without restriction or reservation.
4.2. The acceptance of these general conditions can only be total. Any membership subject to reservation is considered null and void. The User who does not agree to be bound by these general conditions must not access the Application or use the Services.
5. Registration of requests
5.1. The use of the Services requires the User to register on the Application, by completing the form provided for this purpose. The User must provide all the information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically opens an account in the name of the User (hereafter: the "Account"), giving him access to a personal space (hereafter: the "Personal Space") which allows you to manage your use. Services in a form and according to the technical means that MILE considers the most appropriate to provide said Services.
The User guarantees that all the information he gives in the registration form is correct, up-to-date and sincere and is not vitiated by any misleading nature.
He undertakes to update this information in his Personal Space in the event of changes, so that they always correspond to the aforementioned criteria.
The User is informed and accepts that the information entered for the purpose of creating or updating his Account constitutes proof of his identity. The information entered by the User binds him as soon as they are validated.
5.2. The User can access their Personal Space at any time after logging in using their username and password.
The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he assumes full responsibility for it.
He is also responsible for maintaining the confidentiality of his username and password, any access to the Application using them being deemed to have been made by the User. The latter must immediately contact MILE at the coordinates mentioned in the article "Application and Services Operator, contact" hereof if he finds that his Account has been used without his knowledge. It recognizes MILE's right to take all appropriate measures in such a case.
6. Description of services
The User has access to the following Services, in a form and according to the functionalities and technical means that MILE deems most appropriate.
6.1 Routes and exercises
The User has access to the Routes among those offered on the Application.
The User will thus have access to the GPS route of the route as well as to geolocated information on the route known at the time of downloading (points of interest, descriptive content on these points of interest, exercises, etc. ).
In order to continue to guide the User, the Application geolocates the User, even when the screen of his smartphone is inactive.
The User will be able to share his comments and opinions on the Routes via social networks and will be able to evaluate the route he has taken directly on the Application.
6.2.Other services
MILE reserves the right to offer any other Service that it deems useful, in a form and according to the functionalities and the technical means that it deems most appropriate to provide said Services.
7. FREE Services
Services are provided free of charge.
8. Evidence agreement
The User expressly recognizes and accepts:
(i) that the data collected on the MILE Application and the IT equipment constitute proof of the reality of the operations carried out within the framework hereof,
(ii) that these data constitute the main means of proof accepted between the parties, in particular for the calculation of the sums due to MILE. The User can access this data in his Personal Space.
9. User obligations
Without prejudice to the other obligations provided for herein, the User undertakes to comply with the following obligations.
9.1. The User undertakes, in his use of the Services, to respect the laws and regulations in force, in particular the highway code, and not to infringe the rights of third parties or public order.
He is solely responsible for the proper execution of all formalities, in particular administrative, fiscal and / or social and for any payment of contributions, taxes or charges of any kind incumbent upon him, where applicable in connection with his use of the Services. MILE cannot be held responsible for this in any way.
9.2. The User acknowledges having read the Application of the characteristics and constraints, in particular technical, of all the Services. He is solely responsible for his use of the Services.
9.3. The User also undertakes to:
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use the Application with caution and discernment. The User is solely responsible for his safety when following a route. It is recommended to always drive on sidewalks or areas accessible to pedestrians and not on streets or roads used by motorized vehicles, even when the Application indicates to take such a route;
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not endanger yourself or others, and be aware of
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various risks associated with pedestrian traffic in urban areas;
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make sure you have sufficient physical capacity to complete the course and the exercises;
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do not use the Application to guide you in a vehicle, whether motorized or not. The app should only be used as a pedestrian orientation aid;
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not to make professional or commercial use of the Application and / or its content;
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not to provide false data when registering;
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inform MILE POSITIONING SOLUTIONS of any error of which it becomes aware, as well as of any comments relating to the Routes, with a view to updating the Routes and / or improving the Application.
9.4. The User undertakes to make strictly personal use of the Services. He therefore refrains from assigning, granting or transferring all or part of his rights or obligations hereunder to anyone, in any way whatsoever.
The User acknowledges that due in particular to unforeseeable events outside MILE (in particular road accidents, road works, weather conditions, damage, etc.), the information and data contained in the Application may prove to be inaccurate or obsolete and that the conditions of accessibility of routes and exercises may change due to these events. MILE does not in any way guarantee the protection of the User against all the dangers linked to the urban environment. MILE cannot be held liable in the event of an accident on the Routes offered.
9.5. Information relating to the time remaining on the Course and the speed of the race cannot be calculated with precision because it necessarily depends on the behavior of the User. In view of these constraints, the User acknowledges that the data and information provided by MILE within the framework of the Application are indicative and accepts that MILE cannot be held liable due to inaccuracy or lack of 'inaccuracy of certain data or information.
9.6. The Application is a tool to help with orientation and exercises but can in no way replace the judgment of the User who, depending on the real context, must himself assess the advisability of not following the recommendations, the Course or the exercises offered by the Application and / or the recommended equipment. MILE has no control over the behavior of the User and therefore cannot be held responsible for this fact.
9.7. The User declares to understand the limits related to the GPS system. Transmissions and receptions may be limited by:
The operation of satellite systems and earth stations;
Operation of the user's smartphone;
Weather and atmospheric conditions, environmental and magnetic interference;
The quality of the smartphone and / or its GPS functionality.
The User acknowledges that the GPS signal is accurate to within 10 (ten) meters and that it is up to him to assess the consequences and possible risks of this technical constraint.
9.8. The User undertakes to provide MILE with all the information necessary for the proper performance of the Services. More generally, the User undertakes to cooperate actively with MILE with a view to the proper execution of these conditions.
9.9. The User is solely responsible for content of any kind (editorial, graphics, audio, audiovisual or other, including the name chosen by the User to identify him on the Application) that he distributes as part of the Services ( hereinafter referred to as "Content").
It guarantees to MILE that it has all the rights and authorizations necessary for the distribution of this Content.
He undertakes that the said Content is lawful, does not infringe public order, good morals or the rights of third parties, does not infringe any legislative or regulatory provision and more generally, is in no case likely to endanger the civil or criminal liability of MILE.
The User is therefore prohibited from disseminating, in particular and without this list being exhaustive:
Pornographic, obscene, indecent, offensive or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist content, Counterfeit content, Content that harms the image of a third party, misleading, deceptive or proposing or doing unlawful promotion, fraudulent or deceptive activities, Content harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.), and more generally Content likely to infringe the rights of third parties or be prejudicial, in any way and in any form.
9.10. The User acknowledges that the Services offer him an additional and not an alternative solution for running a race, walking or exercising, and that this solution cannot replace the other means that the User might otherwise have to reach the same goal.
9.11. The User is informed and accepts that the implementation of the Services requires that he be connected to the internet and that the quality of the Services depends directly on this connection, for which he is solely responsible.
10. User warranty
The User guarantees MILE against any claim, claim, action and / or any claim that MILE may suffer as a result of the violation by the User of one of its obligations or guarantees under these general conditions.
He undertakes to indemnify MILE for any damage it may suffer and to pay it all the costs, charges and / or sentences that it may have to bear as a result.
11. Prohibited behavior
11.1. It is strictly forbidden to use the Services for the following purposes:
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the exercise of activities that are illegal, fraudulent or infringe the rights or safety of,
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violation of public order or violation of applicable laws and regulations,
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intrusion into a computer system or any activity likely to harm, control, interfere with, intercept all or part of a computer system, violate its integrity or its security,
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sending unsolicited e-mails and / or prospecting or commercial solicitation,
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manipulations intended to improve the referencing of a third-party site,
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use of the Application to disseminate information or redirect links to a third party site,
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assistance or incitement, in any form and in any way whatsoever, to one or more of the acts and activities described above,
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and more generally any practice diverting the Services for purposes other than those for which they were designed.
11.2. Users are strictly prohibited from copying and / or diverting for their purposes or those of the concept, technologies, all or part of the data or any other element of the MILE Application.
11.3. The following are also strictly prohibited:
(i) any behavior likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusion or attempted intrusion into the MILE systems, (iii) any misappropriation of the resources of the Application system, ( iv) all actions likely to impose a disproportionate burden on the infrastructure of the latter, (v) all attacks on security and authentication measures, (vi) all acts likely to harm financial, commercial or moral interests of MILE or of the users of its Application, and finally more generally (vii) any violation of these general conditions.
11.4. It is strictly forbidden to monetize, sell or grant all or part of access to the Services or the Application, as well as to the information hosted and / or shared there.
12. Penalties for breaches
In the event of a breach of one of the provisions of these general conditions or, more generally, of a violation of the laws and regulations in force by a User, MILE reserves the right to take any appropriate measure and in particular to:
(i) suspend or remove access to User Services, the author of the violation or the offense, or having participated in it,
(ii) delete any content posted on the Application,
(iii) publish on the Application any information message that MILE deems useful,
(iv) notify any competent authority,
(v) initiate any legal action.
13. Liability and warranty of MILE
13.1. MILE undertakes to provide the Services with diligence and according to the rules of the art, it being specified that it bears an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
13.2. MILE has no knowledge of the Content posted by Users as part of the Services, on which it does not moderate, select, verify or control of any kind and in which it only intervenes as a hosting provider.
Consequently, MILE cannot be held responsible for the Content of which the authors are, any possible complaint must be addressed first to the author of the Content in question.
Content harmful to a person may be notified to MILE under the conditions provided for by article 6 I 5 of law n ° 2004-575 of June 21, 2004 for confidence in the digital economy, MILE reserves the right to take the measures described in the article "Penalties for breaches".
13.3. MILE declines all responsibility in the event of any loss of information accessible in the User's Personal Space, the latter having to keep a copy and not being able to claim any compensation in this regard.
13.4. MILE undertakes to carry out regular checks to verify the functioning and accessibility of the Application. As such, MILE reserves the right to temporarily interrupt access to the Application for maintenance reasons. MILE cannot be held responsible for temporary difficulties or impossibilities of access to the Application which result from circumstances external to it, of force majeure, or which are due to disturbances in the telecommunications networks.
13.5. MILE does not guarantee Users (i) that the Services, subject to constant research to improve performance and progress in particular, will be completely free from errors, defects or defects, (ii) that the Services, being standard and not offered for the sole purpose of a given User according to his own personal constraints, will specifically meet his needs and expectations.
13.6. In any event, the liability likely to be incurred by MILE hereunder is expressly limited to the only proven direct damage suffered by the User.
14. Intellectual property
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by MILE within the Application are protected by all intellectual property rights or rights of the producers of the databases in force. Any disassembly, decompilation, decryption, extraction, reuse, copies and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of MILE are strictly prohibited. and may be subject to legal proceedings.
15. Personal data
MILE practices a personal data protection policy, the characteristics of which are explained here and of which the User is expressly invited to take note.
16. Confidentiality
Each party undertakes to keep strictly confidential the documents, elements, data and information of the other party to which they are sent, which will be expressly identified by the other party as confidential. With regard to MILE, the parties already expressly agree that this confidentiality obligation covers the personal data that MILE will have to process for the User in the context of the Services. All of this information is referred to below as “Confidential Information”.
The recipient party of the Confidential Information undertakes not to disclose it without the prior consent of the other party, for a period of five (5) years from the end of the performance of the Services concerned. It can only transmit them to employees, collaborators, interns or advisers if they are bound by the same confidentiality obligation as that provided for herein.
This obligation does not extend to documents, elements, data and information:
(i) of which the receiving party was already aware;
(ii) already public at the time of their communication or which would become so without violation of these general conditions;
(iii) which were lawfully received from someone;
(iv) the communication of which would be required by the judicial authorities, in application of laws and regulations or in order to establish the rights of a party in these general conditions.
17. Advertising
MILE reserves the right to insert on any page of the Application and in any communication to Users any advertising or promotional message in a form and under conditions of which MILE will be the sole judge.
18. Links and third-party sites
MILE can in no way be held responsible for the technical availability of sites or mobile applications operated by third parties (including its potential partners) to which the User would access via the Application.
MILE declines all responsibility for the content, advertising, products and / or services available on these sites and mobile applications, which are reminded that they are governed by their own conditions of use.
MILE is also not responsible for transactions between the User and any advertiser, professional or merchant (including any partner) to which the User is directed via the Application and may in no case be party to any litigation whatsoever. that it is with them concerning in particular the delivery of products and / or services, guarantees, declarations and all other obligations to which they are held.
19. Commercial references
The User expressly authorizes MILE to cite him and to use, where appropriate, the reproduction of his brand or logo as commercial references, in particular during demonstrations or events, in its commercial documents and on its website, under whatever form it is.
20.Duration of services, unsubscription
The Services are subscribed for an indefinite period.
The User can unsubscribe from the Services at any time, by sending a request to this effect to MILE by e-mail, to the contact details mentioned in the article "Operator of the Application and Services, contact".
The unsubscription is effective within 48 working hours of this request. It causes the automatic deletion of the user account.
21. Amendments
MILE reserves the right to modify these general conditions at any time.
The User will be informed of these modifications by any useful means.
The User who does not accept the modified general conditions must unsubscribe from the Services in the manner provided for in the article "Duration of the Services, unsubscribe".
Any User who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.
22. Language
In the event of translation of these general conditions into one or more languages, the language of interpretation will be the French language in the event of contradiction or dispute on the meaning of a term or a provision.
23. Mediation
The User has a free right of recourse to a consumer mediator with a view to the amicable resolution of any dispute relating to the execution of these presents which would oppose him to MILE, under the conditions provided for in articles L611. -1 and following and R152-1 and following. Of the consumer code.
He can contact the following consumer mediator for this purpose:
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Mediation and amicable settlement center for judicial officers (Medicys)
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Postal address: 73 Boulevard de Clichy, 75009 Paris
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Email address: contact@medicys.fr
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Phone: 01 49 70 15 93
In the event of a complaint possibly formulated by a European consumer who has not found an amicable solution with MILE customer service, said consumer may use the European consumer dispute resolution platform accessible at the following url address:
http://webgate.ec.europa.eu/odr/main/index.cfm? event = main.home.show & lng = FR
24. Applicable law and jurisdiction
These general conditions are governed by French law.
In the event of a dispute as to the validity, interpretation and / or execution of these general conditions, the parties agree that the courts of Paris will be exclusively competent to judge, except imperative imperative procedural rules.