The Application is produced by the Company Lumiplan Montagne, SAS (a French Simplified Joint-Stock Company) with a capital of €40,210 whose registered office is located at 1 impasse Augustin Fresnel 44800 SAINT HERBLAIN, registered in the French Register of Trade and Companies in Nantes under number B 432 911 469.
The Director of Publication of the Application is the
The Application is hosted by OVH, with registered offices at 2 rue Kellermann 59100 Roubaix (tel: +33 (0)9 72 10 10 07).
The purpose of these General Terms and Conditions of Use (subsequently referred to as "GCU") is to establish the rules for using the mobile application (subsequently referred to as the "Application") produced by the Company Lumiplan Montagne.
The downloading and use of the application implies the unconditional acceptance of these CGU by the user. The Company Lumiplan Montagne reserves the right to modify these CGU at any moment by publishing a new version available for consultation.
The Application enables the user to access information and services relating to resort and ski area .
Lumiplan Montagne reserves the right to change the list and content of the Application functionalities at any time without prior notice.
To access the Application functionalities, the user must:
The Application is accessible 24/7, except in cases of force majeure, breakdown and maintenance operations. Maintenance operations may be carried out any time without prior notice.
The user undertakes:
Apple and Google Play are not sponsor and are not involved in the challenges proposed by this application in any way.
The tracking module developed in the "Smartphone" application enabling anyone certifying that they are over 15 (hereinafter the "User") to measure their skiing (or snowboarding) performances, to compare them with those of other Users.
The SKI + application enables Users :
The performances the User achieves enable him to earn points and to improve his position in the Users' overall ranking. They also enable him to take part in challenges and to win the related electronic badges. In any event, the taking part in challenges, as is indicated in § 1.5 hereinafter, will not be the object of any attribution of a prize or present, or in general of any reward whatsoever on the part of Lumiplan Montagne.
Lumiplan Montagne cannot guarantee the continuity of access to the Services. SKI + maintenance operations may take place at any time and prevent access to the Services temporarily. As well as this kind of unavoidable inconvenience, adverse effects inherent to the use of the internet may happen (interruption of the service, exterior intrusion, virus, fraudulent use by a third party). Lumiplan Montagne cannot be held liable for any of this, or, more generally, for the interruption of the Services.
Lumiplan Montagne also reserves the right, without any notice being necessary, to interrupt the Services for good.
In order to use the SKI + Services the User must either open a SKI + account, and to do so choose a login name and password, which can be modified online on your SKI + Personal Space. The User is requested to personalize his profile by downloading a profile photo if he is over 18, or by choosing an avatar if he is under 18 ;
- log in through his Facebook account. Users over 18 duly acknowledge this and agree to SKI + having access to their Facebook profile photo and to it being seen by the other Users. For Users under 18, their Facebook profile photo will be replaced by an avatar which they will be invited to choose.
In this case, the User undertakes not to use as a profile photo a picture protected by someone else's intellectual property rights and for which he has not obtained beforehand the right to use and share.
The Facebook or SKI + account login name and password chosen by the User are strictly personal and confidential and must not be communicated or shared by the User with third parties. The User is responsible for the use of his identifiers by third parties or for actions or declarations made through the intermediary of his personal User account, whether they be fraudulent or not and guarantees the Company Lumiplan Montagne against any claim in this respect. The User duly acknowledges that the Company Lumiplan Montagne has no obligation and does not dispose of the technical means to ensure the identity of the people joining and/or using its Services. If the User has reason to think that a third party is using his identifiers or his account, he must immediately inform the Company Lumiplan Montagne.
The User guarantees that the data he communicates are exact and correspond to reality. He undertakes to inform the Company Lumiplan Montagne immediately in the case of any modification in the data he communicated when he registered and, if necessary, to carry out the said modifications himself on his SKI + Personal Space.
Just the login name and, if applicable, the User's profile photo can be visited by other Users, with the exception of the other personal data which shall remain confidential.
The downloading and the use of the SKI + application by Users are not invoiced. Nonetheless Lumiplan Montagne reserves the right, eventually, to make its downloading and/or use payable.
It is specified that the equipment (mobile phone, software, means of telecommunication, ...) enabling access to the Services are to be paid for exclusively by the User, as are the communication charges related to the downloading of the application and its use.
Subject to what is indicated in §1.4 here above, Users take part in the challenges free of charge. As a consequence, Lumiplan Montagne does not attribute any prize or present, or in general any reward whatsoever to Users. The User duly acknowledges this, and therefore refrains from claiming any reward whatsoever from Lumiplan Montagne.
Lumiplan Montagne's commercial partners to whom the Users' data are transmitted under the terms and conditions laid down in §5 hereinafter, will be able, at their discretion, to attribute prizes, presents or rewards to some Users. The games-competitions-lotteries which may be organized by the Lumiplan Montagne's commercial partners are done so under their own liability. Lumiplan Montagne shall never be assimilated to a lottery and/or competition organizer, and therefore can never be held liable for this, notwithstanding the fact that it suggests to the Users that they can visit the commercial partners’ sites in order to register for the games-competitions-lotteries organized by these partners. The rules and regulations of the games-competitions-lotteries organized by Lumiplan Montagne's commercial partners must be requested directly from these partners. The User duly acknowledges and recognizes that the company Lumiplan Montagne is in no way liable for the terms and conditions that its partners shall themselves fix quite independently concerning the attribution of prizes, presents or rewards, or for the quality and delivery of the latter.
The User certifies:
Prior to each use of the SKI + application, and in order to ensure that skiing conditions are not dangerous, the User undertakes to check at the ski resort both the weather conditions as well as the state of the skiing area.
The User undertakes within the framework of the Services :
The aim of the SKI + application is to measure, in a playful manner, the skiers' performances. It's aim is not to provide its Users with information about the skiing area, or the weather conditions... The different information given by the SKI + application is communicated by the partner ski resorts. Lumiplan Montagne is not able to guarantee its updating in real time, or its exhaustive nature, and is exempt from any liability in that respect. Consequently, the User duly acknowledges that the SKI + application must only be used following the daily information (on the state of the skiing area and the weather conditions) provided directly by the ski resort in which he is staying.
Lumiplan Montagne cannot be held liable for the loss of User data or the impossibility of using or reconstituting the said data, resulting from a fault on the part of the User.
Lumiplan Montagne shall in no way be liable for the indirect prejudice undergone by a User or a third party following the use of SKI +.
SKI + application is a creative work protected by current French and international legislation concerning copyright and intellectual, literary and artistic property and the other similar rights. All the elements making up SKI + such as namely, but not exclusively, trademarks, models, logos, pictures, texts, sound and other documents, are protected by intellectual property rights and are the sole and exclusive property of the company Lumiplan Montagne. They cannot be reproduced, used or represented without the express authorization of the company Lumiplan Montagne and/or its partners, failing which such use shall be subject to legal proceedings.
Likewise, all the trademarks which are listed under SKI + are trademarks protected by registration in the name of their respective holders. Thus any circulation, copy, duplication, modification, transfer, representation or reproduction, either in full or partial, of the SKI + application or of any one of the elements making it up, in any way or for any purpose whatsoever, is expressly forbidden, as is their alteration. The non-respect of this interdiction could constitute an infringement of copyright for which its author is liable.
The rights of use conceded to the Users by the company Lumiplan Montagne are reserved for private and personal use in the framework and for the length of time covered by the registration for the said Services. Any other use by the Users is forbidden without the authorization of the company Lumiplan Montagne.
The User expressly agrees not to modify, copy, reproduce, download, circulate, transmit, use commercially and/or distribute in any manner whatsoever the Services, trademarks, SKI + application and web site pages, or the computer codes of the elements making up the SKI + Services and application.
The personal data of a User received on registration and his use of SKI +, namely his login name, his email address, his location, his movement on the ski slopes, his profile photo... are the object of automatic processing by Lumiplan Montagne and declared to the CNIL.
The company Lumiplan Montagne uses the personal information received from its Users to enable the provision of the Services it offers. Lumiplan Montagne will communicate it to the commercial partners of the SKI + application so that they will be able namely to attribute the prizes and rewards which may be promised, and so that they can improve their own services, which the User expressly accepts. With the exception of what is indicated above and subject to any legal or statutory obligation, or on the request of an administrative body or judicial authority, the User is informed that his personal data shall not be, without his approval, the object of any external communication.
By addressing an email to the following address skiplus@lumiplan.com, and subject to having indicated in it his personal login names, each User can have access to or ask for access to the information concerning him in order to modify it or delete it or forbid some particular kind of use by the company Lumiplan Montagne.
A User's data shall be kept by Lumiplan Montagne for a maximum length of time of one year as from the User's closing of his SKI + account.
The company Lumiplan Montagne undertakes to respect the provisions laid down by law No. 78-17 "Data Processing and Liberties" dated 6 January 1978, and ensures optimal security measures against the loss, the bad use and alteration of the information consigned to it by Users. All the data received via the SKI + application are saved on a daily basis and stored on a backup medium.
The User is informed that the SKI + application collects in real time his geolocation data (GPS trackers). He is therefore invited to close the SKI + application and/or deactivate the geolocation tool on his Smartphone as soon as he no longer wishes to be located.
The user can manage Application settings by clicking on the "Settings" button on the Application "Menu".
The user can give details the stay and also provide information regarding his preferences. This enables the user to obtain information about activities available in the ski area that is appropriate for the members of the group.
Lumiplan Montagne is the holder or licensee of the intellectual property rights to the Application and its constituent elements.
Lumiplan Montagne grants the user a non-exclusive, non-transferable, global, revocable and free licence to use the Application.
The user is specifically prohibited from undertaking any copy, extraction, reproduction, adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, reverse engineering, export, use of source code or merging of all or part of the Application or its constituent elements without express permission from Lumiplan Montagne beforehand.
This licence is granted for the protection period for intellectual property rights relating to the Application and its constituent elements provided for under French legislation.
Data collected on the "Create Account" page of the Application undergoes computer processing for the purposes of creating and managing personal user accounts and to enable Lumiplan Montagne to produce statistics on the use of the Application. It is compulsory to provide this data.
Data collected on the "Enquiries" page of the Application undergoes computer processing to carry out operations relating to the management of current and potential customers (conducting satisfaction surveys and producing statistics etc.). It is compulsory to provide this data.
User GPS data is collected:
Downloading the Application and access to and use of its functionalities are free, apart from any account charges made by phone service providers and Internet connection charges.
Lumiplan Montagne cannot be held liable for:
The GCU applicable are those in force when the user logs onto and uses the Application.
Lumiplan Montagne reserves the right to change all or part of the GCU at any time without prior notice. The user will be informed of any new version of the GCU being posted on line the first time they log on to the Application after this has happened. They will be asked to read and accept the new version of the GCU. If they do not accept, the user will no longer be able to use the Application.
The User can notify the company about any malfunction or failure by email at the following address smartphones@lumiplan.com.
Should there be any variation between the GCU in French and the GCU in English, the GCU in French shall take precedence.
These General Terms and Conditions are governed by French law.