Reference language notice: This English translation is provided for convenience only. In case of discrepancy, inconsistency, or interpretation differences, the French version shall prevail.
The company LEZO, EURL with capital of 100 euros, registered with the RCS of Nantes under the number 921 329 025, having its head office located at 21 boulevard Auguste Pageot, 44000 Nantes (hereinafter “LEZO”), operates the Questovery Application, accessible on iOS and Android (the “Mobile Application”).
The Application allows you to create your own treasure hunt (the “Quests”).
LEZO provides the Client and its Users (respectively the “Client” and the “Users”) with its services (the “Services”) as defined in the Web Application.
The purpose of these General Conditions of Use for Users (hereinafter the “CGU” or “CGU Users”) is to define the conditions under which the Client and its Authorized Users use the Services as agreed and subscribed by the Client with LEZO.
To be able to access the Services, the User must have been authorized by the Client, according to the terms agreed between LEZO and the Client. It is understood that the User is an employee, agent or representative of the Client, or of an affiliated company of the Client within the meaning of article L.233-3 of the Commercial Code, or third parties.
The User authorized by the Client may use the Services according to the conditions agreed between LEZO and the Client. The Client has guaranteed to LEZO by virtue of their contractual relations that the User has all the necessary rights and authorizations to use the Services subscribed to by the Client for Users according to the conditions herein.
It is expressly recognized by the User that the Client is solely responsible towards LEZO for the processing of all data (the “Customer Data”) communicated by the Client and its Users.
It is understood that the Client has granted the User all rights, authorizations and agreements necessary for the use of the Client Data and the execution of the Services by the User. It is in any case recalled that LEZO is not party to the contracts and agreements concluded directly between the Client and its Users using the Services.
Users can access the Mobile Application via the iOS and Android operating systems and compatible terminals and versions of operating systems as defined and communicated by LEZO. You are responsible for having Internet access to use the Services.
The Services are subject to change and LEZO may offer additional or new services, which will be integrated into the Application, and which may, where applicable, be subject to additional, distinct or supplementary terms and conditions of use.
The mode of operation of the Application as well as the terms and conditions that Users must respect are specified below.
The Client remains fully responsible towards LEZO for the use by all its Users of the Services and the Application.
If any part of the CGU were to prove illegal, invalid or inapplicable, for any reason whatsoever, the stipulations in question would be deemed unwritten, without calling into question the validity of the other stipulations which will continue to apply.
The fact that LEZO does not avail itself at a given moment of any of the stipulations of these CGU cannot be interpreted as a waiver of the right to avail itself of it at a later date.
“Client”: designates the entity having authorized the User to use the User Services.
“CGU” or “CGU Users”: designates these General Conditions of Use relating to the use of the Mobile Application by Users.
“Personal Data”: within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (the “General Data Protection Regulation” or “RGPD”), means any information relating to an identified or identifiable natural person; it being specified that an “identifiable natural person” within the meaning of RGPD is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more specific elements specific to their physical, physiological, genetic, psychological, economic, cultural or social identity.
“Customer Data”: refers to all information, documents, exchanges and any other content posted online, communicated or provided by the Customer and/or Users on the Application.
“Application”: designates the Mobile Application Questovery accessible on iOS and Android and the use of which by Users is subject to these CGU.
“Services”: designates all the functionalities and services offered by LEZO on the Application. The Services are subject to change.
“User”: designates any person authorized to connect to the Services by the Client in accordance with the stipulations herein. It is understood that the User may be an employee, agent or representative of the Client or an affiliated company within the meaning of article L.233-3 of the Commercial Code, or a third party.
TERMS OF REGISTRATION AND ACCESS TO SERVICES
The User must:
In order to use the Application and the Services, be of legal age and have the capacity to use the Services offered by the Application;
only use the Application fairly and in good faith, complying in particular with CGU and all conditions and policies of LEZO.
All costs incurred by the User for access to the Application and use of the Services, and in particular connection costs and costs of acquiring or renewing computer equipment, remain the responsibility of the Client and/or the User, according to agreement between the Client and the User. The Client and its Users are solely responsible for the proper functioning of their computer equipment and their access to the Application. As such, LEZO cannot be held liable in the event of damage to the User's computer equipment by malicious software, or in the event of interruption or failure of the User's Internet connection.
In order to provide access to the Services to Users, a QR code is provided by the Client to the User.
LEZO reserves the right to update at any time the list of information required to be provided for the creation and maintenance of User accounts and access.
It is understood that the User declares to have all the authorizations and rights necessary to use the Services.
If applicable, if the User provides false, inappropriate, obsolete or incomplete information, or if LEZO has reasonable grounds to suspect that such information is false, inappropriate, obsolete or incomplete, LEZO reserves the right to delete the User's account and refuse any current or future use of the Services.
The temporary or permanent suspension of a User account prevents any use of the Services.
Not having the means to verify either the identity or the quality of Users, LEZO cannot be held responsible for identity theft in the event of fraudulent registration. In any case, any person who notices the theft of their identity when connecting must immediately contact LEZO, at the following address: [email protected] to allow LEZO to carry out the relevant investigations and actions.
Access to the Application and the Services by the User is strictly personal and non-transferable. As such, any use of the QR access code on the Application presupposes the User's connection to the Application. The User is therefore solely responsible for the use of his means of access, and in particular the QR code provided to him by the Customer, for access and use of the Services.
The User alone will ensure the confidentiality of his QR code and, where applicable, any other means of access to the Application. These should under no circumstances be shared or communicated to third parties. Under no circumstances can LEZO be held responsible for the loss of a QR code or any other means of access if applicable. If the confidentiality of a QR code or any other means of access where applicable is compromised, the latter undertakes to inform the Customer and LEZO as soon as possible so that a new QR code can be issued.
THE LEZO SERVICES
The User authorized by the Client may use the Services according to the conditions agreed between LEZO and the Client.
The Application and Services are subject to change.
LEZO may be required to offer additional services or new functionalities linked to the Services to the Client and its Users.
These may, where applicable, be subject to additional, distinct or supplementary terms and conditions.
Similarly, LEZO may at its sole discretion modify or remove any Service or functionality. In the event of deletion or modification of any Service or functionality, LEZO undertakes to inform the User in advance as soon as possible.
DURATION – TERMINATION – CONSEQUENCES OF TERMINATION
These CGU take effect on the date on which the User connects for the use of the Application and the Services, and continue until the expiration or early termination of the contract concluded between the Client and LEZO (the “Term”).
LEZO will have the right to suspend access to all or part of the Application Services with immediate effect for any reason and at any time, by simple notification, according to where applicable the terms and conditions agreed between LEZO and the Client.
The consequences of termination are defined in the contract concluded between LEZO and the Client.
The Application is in principle accessible 24 hours a day, 7 days a week, except interruption, scheduled or not, for maintenance needs or cases of force majeure as defined by the French jurisdictions, including herein the occurrence of a natural cataclysm, such as earthquake, storm, fire, flood, armed conflict, war, attacks, epidemics, pandemics, riots, demonstrations, labor dispute, total or partial strike at LEZO or its suppliers, service providers, post offices, public services, mandatory injunction from public authorities (import ban, embargo), or in the event of a malfunction, impossibility of access, disruptions attributable to the User's access provider, congestion on the Internet network, and/or in general for any other reason external to LEZO.
As far as possible, LEZO will inform the User in advance of the performance of maintenance operations or updates, according to the conditions agreed between LEZO and the Customer. The User already waives the right to seek liability from LEZO for the operation and exploitation of the Application and Services.
Likewise, LEZO cannot be held responsible in the event of a malfunction, inability to access, or poor conditions of use of the Application attributable to unsuitable hardware or equipment of the Client and/or the User, to disturbances attributable to the User's access provider, to congestion on the Internet network, and/or for any other reason unrelated or external to LEZO.
7.1 LEZO complies with all applicable regulations, including the applicable regulations relating to the use or protection of personal data, and in particular as of today, the provisions of Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data (the “RGPD” Regulation) and the Data Protection Act. January 6, 1978 amended by the law of June 20, 2018 relating to the protection of personal data (the “LIL”).
The LEZO Privacy Policy is accessible on the Web Application.
7.2 It is also recalled that within the framework of the agreements between LEZO and the Client and the Services provided to the Client and its Users by LEZO, LEZO is likely to act under the terms of the Applicable Regulations as subcontractor and the Client as data controller. In this case, and before any processing, LEZO and the Client enter into the applicable agreements and clauses according to the Applicable Regulations, relating in particular to the description of the processing which is the subject of the subcontracting, to the obligations of LEZO in its capacity as subcontractor towards the Client in its capacity as data controller, and to the obligations of the Client towards LEZO in these respective capacities.
The Client in this case informs its Users of the processing operations of their Personal Data at the time of their collection and more generally of the policy implemented by the Client relating to the processing of Personal Data, in compliance with the rules relating to the use of Personal Data, and within the framework of the relationship between the Client and the User, to which LEZO is not a party. It is in any case up to the user to contact the Client regarding the processing of their Personal Data.
It is understood that LEZO helps the Client to fulfill its obligation to respond to requests to exercise the rights of the persons concerned: right of access, rectification, erasure and opposition, right to limitation of processing, right to data portability, right not to be the subject of an automated individual decision (including profiling). When the persons concerned exercise their rights with LEZO in its capacity as subcontractor, LEZO makes these requests to the Client.
The Application, as well as all interfaces and applications developed by LEZO to access the Services, available and future, on all present and future operating systems and platforms, as well as all elements relating to the LEZO or QUESTOVERY brand, including all present and future registrations, logos, designs, images, photographs, illustrations and all other associated elements and rights remain the exclusive property of LEZO.
The Services and the Application are protected by laws in particular relating to copyright and trademarks, and by other laws in force in France, the European Union and in foreign countries. Nothing contained in these CGU shall give the User the right to use the name of LEZO, Questovery, nor the trademarks, logos, domain names and other distinctive attributes of LEZO and/or Questovery. All right, title and interest in and to the Services and/or LEZO and/or Questovery is and will remain the exclusive property of LEZO.
LEZO grants the Client a personal, non-transferable and non-exclusive license authorizing the Client and its Users to access and use the Application exclusively within the framework of the use of the Services according to the terms and conditions of these CGU and the agreements concluded between LEZO and the Client.
The content (other than Customer Data and Personal Data of the Customer and Users) included or accessible on and/or through the Application, in particular any text, graphic, logo, name, brand, designation, tab, functionality, image, drawing, animation, sound, photograph, graph, data, database, interfaces, internet page template, source and object code, computer code, application, method, product, algorithm, invention, patent, trade secret and other content, whether registered or not and/or which may be the subject of a deposit, and any work derived from the foregoing, remains the exclusive property of LEZO. It is protected by intellectual property law and is subject to applicable laws and regulations in this area.
These materials must not under any circumstances be downloaded, copied, altered, modified, deleted, distributed, transmitted, broadcast, sold, rented, licensed or exploited (in whole or in part) in any way, without the express written consent of LEZO. The User agrees not to use or exploit these elements for purposes other than those referred to herein CGU. In addition, except for mandatory legal provisions, the User is not authorized to modify, improve, edit, translate, decompile, disassemble or create one or more derivative work(s) from the Application (in whole or in part), or unless this possibility has been expressly granted to him by LEZO or by the owners of these elements, within the framework of a separate agreement.
The User undertakes to:
Please note that LEZO is not party to the relationship between the Client and its Users.
LEZO declines all responsibility for the results obtained from the use of the Application, the Services, and more generally the Application by the User.
LEZO cannot be held responsible towards the User for any material or bodily damage, direct or indirect, of the User and/or any third party caused by the User, which may result directly or indirectly from the use of the Services and the Application, and it is recalled that the Client, as well as the User, holds LEZO harmless from any claim in the event of damage suffered or committed by the Client and/or the User due to the use of the Services, loss opportunities or income linked to the operation or lack of operation of the Application.
LEZO furthermore declines all liability towards the Client, the User and any third party concerning in particular the use of the Services by the User. LEZO cannot be held responsible towards the User or any third party for the User's non-compliance with CGU.
The User must respect the following rules for using the Services:
The User ensures that the storage and distribution of published Customer Data does not constitute:
a violation of the rights of third parties; and/or
an attack on people and respect for private life; and/or
an attack on public order and good morals.
The User is not authorized to:
bypass the security features of the Application and Services;
disrupt the functioning of the Application and Services or impose a disproportionate load on them (e.g. spam, denial of service attack, viruses, game algorithm); and/or not post any data in any form that contains viruses or any other harmful code;
reverse engineer, decompile, disassemble, decipher or generally attempt to obtain the source code of the Application or any related technology, or part of these unless mandatory legal provisions of restrictive application;
manipulate identifiers to conceal the origin of any publication or message transmitted through the Services;
use any technique allowing you to simulate the appearance or operation of the Application;
use software, devices, manual or automated coding robots or other means to access, “decompose”, “analyze” or “index” the Services or any related data or information.
Please note that it is agreed between LEZO and the Client that the Client, through its Users, is required to report any abuse it may observe on the Application by:
The Services and these CGU are subject to change. LEZO may offer additional services in the future which may be integrated into the Application, and which may, where applicable, be subject to separate, supplementary and/or additional terms and conditions.
LEZO has the right to modify these CGU and any other terms and conditions or policies relating to the use of the Application.
If LEZO makes substantial modifications to these CGU, the Client and its Users will be informed in advance, and in any event at least 5 days before modifications affecting the rights or obligations of any party hereto are made thereto, and this via the Application, or by any other means, to give the opportunity to examine the modifications before they take effect.
In the event of refusal to agree to CGU and termination hereof, the consequences of termination of the contract between LEZO and the Client are defined between the latter.
These CGU may be accessible where appropriate in different languages, in the event of conflict or contradiction between the stipulations of the different versions of these CGU, the French version will prevail.
The computerized records kept in LEZO systems in compliance with state-of-the-art security rules will be considered as proof of communications. Archiving is carried out on a medium likely to ensure the faithful and durable nature required by the legal provisions in force. It is agreed that in the event of a discrepancy between the computerized registers of LEZO and the documents in paper or electronic format available to the Client and its Users, the computerized registers of LEZO will prevail.
For any questions regarding these CGU, LEZO can be contacted by the means described below.
By email to the address: [email protected];
By registered mail with acknowledgment of receipt addressed to:
LEZO 21 boulevard Auguste Pageot 44000 Nantes France
These CGU are governed by French law.
In the absence of an amicable solution, exclusive jurisdiction is assigned to the competent court of Nantes.