General Terms and Conditions of Use of the application "SAILING CHALLENGE"

PREAMBLE

These general terms and conditions of use are a translation of the French version which is the reference version.   

SAILING STREAM SYSTEM attaches particular importance to protecting the confidentiality and security of your personal data.

DECISION OF USE: The decision of a user to participate in a race or to stay in a race is his sole responsibility. Consequently, by agreeing to take part in the race or to stay in the race, the user  releases SAILING STREAM SYSTEM from any responsibility in case of damage (material and/or physical).

ARTICLE 1 - PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF USE
The purpose of the present general terms and conditions of use (hereafter "GTCU") is to define the rules of use of the mobile application and Web application "SAILING CHALLENGE" (hereafter "the Application") published by the company SAILING STREAM SYSTEM, a limited liability company with a capital of 4,000 euros, registered in the GRASSE Trade and Companies Register under the number 881 331 581 R.C.S. (R.C.S.). having its registered office at 20 CHEMIN DU BILLADOU 06650 LE ROURET, code NAF 6209Z.

The director of the publication is Nicolas BURKI, President  info@sailing-stream-system.com

By installing the Application on your terminal and/or by accessing the Application, you accept without reservation the entirety of these GTCU and you undertake to comply with the obligations incumbent upon you. If you do not accept the GTCU or have any reservations, please do not use the Application. The GTCU express the entire agreement between you and SAILING STREAM SYSTEM applicable to your use of the Application.

SAILING STREAM SYSTEM reserves the right to modify these GTCU by updating them at any time. The version of the GTCU that is applicable between you and SAILING STREAM SYSTEM is the one in force at the time of your connection and use of the Application. We therefore advise you to consult this page regularly in order to familiarize yourself with the GTCU in force when you use the Application.

ARTICLE 2 - PURPOSE AND FUNCTIONALITIES OF THE APPLICATION
The purpose of the Application is to enable You to access the world of SAILING CHALLENGE either directly via the Application or via a hypertext link redirecting You directly to the SAILING CHALLENGE site.

The Application allows you to create, make a route and to memorize your time and other information (average speed, maximum speed, distance covered, etc.) and your journey and to share it with others. It also allows and communicates between the members of the application.

ARTICLE 3 - ACCESS TO THE APPLICATION
To access the Application, you must have a mobile device and access to the Internet. The Application can be downloaded from the Apple Store and Google Play Store platforms on the following mobile devices: - Apple® Iphone® mobile phone with a recent iOS operating system - mobile phone with a recent Android® operating system. The software version of the Application may be updated from time to time to add new features and services.

Once the Application is installed on your device, simply sign in using your email address and password.
You agree that, when using and browsing the Application, you will provide true, accurate and as complete information as possible. You also undertake to update this information as soon as possible if it changes.

ARTICLE 4 - SHARING AND DISCLOSURE
Advertising and social networks; sharing with your consent where you have given your consent, we may share information about you, including personal information, as described at the time of your consent, such as when you allow a third party application or website to access your Account or when you participate in promotional activities conducted by SAILING STREAM SYSTEM partners or third parties. Where permitted by applicable law, we may use certain personal data about you, such as your e-mail address, to chop and share it on social networks such as Facebook or Google, to generate leads, to manage traffic on our sites or to promote our products and services.

The legal basis for such processing is our legitimate interest in conducting business activities in order to offer you products or services that may be of interest to you. The social network platforms with which we may share your personal data are neither controlled nor monitored by SAILING STREAM SYSTEM. Therefore, any questions regarding the way your social network platform service provider handles your personal data should be addressed to that provider. Please note that you may at any time request SAILING STREAM SYSTEM to stop processing your data for these direct marketing purposes by sending an e-mail to  info@sailing-stream-system.com .

ARTICLE 5 - SAILING STREAM SYSTEM USER LICENCE
You expressly agree to download the Application on its equipment exclusively for personal, non-merchant use.
grants you a personal right to use the Application and its content. This right is granted on a non-exclusive, revocable, non-assignable, non-transferable, worldwide basis and for the sole use of the Application, to the exclusion of any other purpose.

It is strictly forbidden to access and/or use and/or attempt to access or use the source codes or objects of the Application. You do not acquire any intellectual property rights over the Application or its content, nor any other rights other than those conferred by these GTCU.

ARTICLE 6 - PERSONAL DATA
The personal data used are mainly your name, first name, position, address, telephone number, e-mail address, photos, info about your boat, your sailing location. Your rights of access and rectification can be exercised by sending us an email at  info@sailing-stream-system.com.

ARTICLE 7 - INTELLECTUAL PROPERTY
The entire content of the Application is subject to French, Community and international legislation on copyright and intellectual property. All reproduction and representation rights relating to the Application are reserved by SAILING STREAM SYSTEM, including all graphic, iconographic and photographic representations, whatever the territory of protection and whether or not these rights have been registered.

The reproduction and/or representation of all or part of the Application, whatever the medium, including all trade names, trademarks, logos, domain names and other distinctive signs, is formally prohibited and would constitute an infringement punishable under the intellectual property code. The words SAILING CHALLENGE and all logos are trademarks of SAILING STREAM SYSTEM.

ARTICLE 8 - AVAILABILITY OF THE APPLICATION
The Application is available online 7 days a week and 24 hours a day. However, given the complexity of the Internet network and the influx of Internet users at certain times of the day, SAILING STREAM SYSTEM offers no guarantee of continuity of service and cannot be held liable in the event of temporary impossibility to access all or part of the Application. No right to compensation is granted under this paragraph.

SAILING STREAM SYSTEM reserves the right to cease, without notice, without indemnity and at its sole discretion, on a permanent or temporary basis, to provide all or part of the Service or the functionalities of the Site.

ARTICLE 9 - LIMITATION OF LIABILITY - ABSENCE OF GUARANTEE
SAILING STREAM SYSTEM undertakes to implement all necessary means to ensure the best possible access to the Application. You are solely responsible for your identifier. You undertake to keep them confidential and not to transmit them to third parties. If you become aware of any unauthorized use of your account, it is your responsibility to immediately inform SAILING STREAM SYSTEM by writing to the following address: info@sailing-stream-system.com.

In general, you accept and acknowledge that your use of the Application, including the information you disseminate, is made under your sole and entire responsibility.
By using the Application, you undertake not to act in a way that is harmful or that has the effect of causing damage to the image, interests or rights of SAILING STREAM SYSTEM, or of damaging or rendering inoperative the Application. SAILING STREAM SYSTEM may not be held liable and may not be required to compensate you for any direct or indirect prejudice resulting from the unavailability of the Application.

SAILING STREAM SYSTEM may not be held liable for any damage resulting from the loss, alteration or fraudulent use of data, the accidental transmission of viruses or other harmful elements, or the attitude or behaviour of a third party. It shall not incur any liability as a result of (i) the impossibility of accessing the Application, (ii) misuse of the Application, (iii) saturation of the Internet network, (iv) any malfunctions on the mobile terminals used by you, (v) in the event of force majeure or events beyond its control.

Article 10 - GEOLOCALIZATION
The use of the geolocation functionality of the Application requires the User's express prior consent to be geolocated. To do this, the User must activate, if he wishes, the geolocation function directly in the settings of his mobile device and accept that the Application may use it. This function can be deactivated or activated at any time and at no charge.

When you use certain features of the Application, we may collect information about your approximate or precise location, as determined by data such as your IP address or the GPS of your mobile device, in order to provide you with a better user experience. The geolocation system used is Google Maps.

ARTICLE 11 - NON-WAIVER
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these TOS shall not be interpreted for the future as a waiver of the obligation in question.

ARTICLE 12 - APPLICABLE LAW -LITIGATION
These GTCU are subject to French law. Any dispute concerning the Application or interpretation of these GTCU shall be submitted to the competent court of Grasse.
 

ARTICLE 13 - CONTACT
You can address your questions or remarks relating to these GTCU to SAILING STREAM SYSTEM by writing to the following address: info@sailing-stream-system.com.