ARTICLE 1 – Scope
They are intended to define the conditions under which the company “AVANT-GOUT STUDIOS” (hereinafter referred to as “AVANT-GOUT STUDIOS”) provides to its users (hereinafter referred to as “users”), and via its application for smartphones and digital tablets, called “DAYTRIPPER”, the following services:
• A pleasant and playful tool to accompany life path (studies, tourism, work, etc.) and story-telling. It also helps to identify the skills of the user and to value them.
This application allows the user, through the use of an intuitive and playful application, to establish and fill in a logbook of his/her life journey (“journal”), summaries and compile experiences into “stories ” and produce a digital portfolio (” book “).
The information contained in the application “DAYTRIPPER” is given as an indication and can be revised at any time by the company “AVANT-GOUT STUDIOS” ; the User will be informed of any modification in this direction.
ARTICLE 2 – Use of the service « DAYTRIPPER ».
- As a condition of your use of « DAYTRIPPER », you have to respect the following procedure :
Before downloading the application on any kind of compatible device, the user downloads the app’ on any compatible device. Apple devices on iOS8+ are compatible. Android devices on Android 5.0+ are compatible.
- Before launching the app’, the user must accept the following term of use and, in a second step, create a user account answering all fields in order to clearly be identifiable
- After all steps of registration, « AVANT-GOUT STUDIOS » can check the information sent by the user. « AVANT-GOUT STUDIOS » will be free to validate the registration of the user if information sent are wrong.
- In spite of the above-mentioned reservations,, « AVANT-GOUT STUDIOS » will activate the user account. The user will receive an e-mail on the address that has been communicated.
- Experiences, such as stories, produced by the user could be freely shared by the user, using the media they wish.
- When publishing a story, the user will have 3 options : « available for all », « available through the link », « access with password ». If the user chooses « available for all », it will be possible to consult stories on the web address of the publication. The access will be possible sharing the link, through search engine, through daytripper website or on the website of partners. If the user chooses « available for all », the user accepts that the story could be used for commercial purpose by the Daytripper team and its partners. Moreover, the user accepts that the story is exploited for study purpose.
- If the user chooses « available through the link », the stories published will only be available for the persons who have the link. For this option, the user accepts that the story is exploited anonymously for study purpose.
- If the user chooses « access with password ». the stories published will only be available for the persons who have the link and the password available to open the webpage. For this option, the user accepts that the story is exploited anonymously for study purpose.
- By the use of this identification, the user can use the app’ in accordance with the original concept of the application.
In order to improve the experience of the application, Daytripper could suggest integrated purchase. Specific general terms and conditions of sale will be available. They will be the general terms and conditions of sale of the intermediary organisation that is in charge of the transaction. Its contacts might change, according to the digital media used.
ARTICLE 3 – pricing
The user of Daytripper do not need to pay to use the application. Nevertheless, the user will need regular connections to use the application. As a consequence, depending on the connection used and the subscription linked, the user will have the responsibility to assume related costs.
« AVANT-GOUT STUDIOS » invites users to get in contact with its provider (telephone or Internet) before using the app’.
Moreover, the user will have the opportunity to make integrated purchase. Prices will be communicated by the user before the transaction.
ARTICLE 4 – terms of service
The creation of the user account, necessary to the use of “DAYTRIPPER”, is provided without any limit of duration, and will be effective no later than 48 hours after the request, provided that the account respects the rules (article .)…
ARTICLE 5 – Responsibility of the company “AVANT-GOUT STUDIOS” – Guarantees
The responsibility of the company « AVANT-GOUT STUDIOS » will not be incurred under no circumstances in case of delay or suspension, loss of data or any other damage arising from the provision of services relating to the use of the “DAYTRIPPER” application attributable to the User, or in case of force majeure recognized by French jurisprudence.
It is also reminded to the User that the company “AVANT-GOUT STUDIOS” does not intervene at any time and in any way whatsoever in the contractual relationship that could arise between the user and the distributor of the application, notably concerning the integrated purchases. AVANT-GOUT STUDIOS” shall not be incurred for any violation that would occur in this case.
« AVANT-GOUT STUDIOS” guarantees the User, in accordance with the legal provisions, against any default of conformity of the services related to the use of the application “DAYTRIPPER” and any hidden defect, resulting from a design defect or the provision of services, to the exclusion of any negligence or fault by the user.
The responsibility of the company “AVANT-GOUT STUDIOS” can be committed only in case of proven fault or negligence. It is limited to the direct prejudices to the exclusion of any indirect damage, of any kind whatsoever.
In order to benefit from this guarantee, the user will have to inform, in written format, the company “AVANT-GOUT STUDIOS » within 48 hours after the problem occurs. Otherwise, he risks loss of rights to the guarantee.
The company “AVANT-GOUT STUDIOS” will rectify or have to rectified, at its exclusive expenses, according to the appropriate modalities, the defective services.
ARTICLE 6 – Obligations of the user
The user agrees to complete the registration form with information on his identity and contact details in full conformity with reality. As a result of the creation of his account, the user certifies that he/she is not subject to an incapacity measure, of whatever nature it may be.
The User undertakes to regularly update its registration data in order to keep them true, accurate and complete.
By creating his / her account, the user has a unique identifier and a strictly personal nominative access code, which he undertakes to keep confidential.
The user undertakes not to offer to any other person the access under his identity or his identifier to this account. In the case that the user is aware that another person is accessing the latter, the user agrees to inform the company “AVANT-GOUT STUDIOS” without delay.
The user undertakes to register only under one profile. So, the user undertakes not to create or use accounts other than the one initially created, whether under his/her own identity or under a third.
In a case of obvious misconduct by the user, as in the case of erroneous declarations on its part or failure to comply with the stipulations of the term of use, the company “AVANT-GOUT STUDIOS” may at any time proceed to the banning of the user’s account.
ARTICLE 7 – Complementary information
The User may only use the “DAYTRIPPER” application for personal purposes, and will not be able to use it for commercial purposes (except in advance and in writing agreement by the company “AVANT-GOUT STUDIOS”).
It is the user’s responsibility not to lose, destroy or damage the content of the information entered by the user in the application.
The User is prohibited from making any modification that may affect the application “DAYTRIPPER”.
Thus, the User may not copy, disassemble, attempt to derive the source code, modify or create derivative works from all or part of the “DAYTRIPPER” application or its updates and derivatives.
The User may use the “DAYTRIPPER” application on any device he holds and mentioned as compatible, with the account created by him/her-self.
It is also reminded to the user that the application “DAYTRIPPER” cannot be used to :
– publish content for which he has not any permission, right or license to use ;
– publish content that is reprehensible, offensive, unlawful, deceptive or detrimental ;
– publish personal, private or confidential information that is related to others ;
It is specified to the user that he/she must, in the context of the use of the application in the professional context, ensure that his hierarchy is approved beforehand.
– request personal information from a minor;
– publish personal, confidential private information concerning a person or entity;
– post or transmit spam, including, without limitation, unsolicited or unauthorized advertising, promotional materials or communications;
– plan or undertake any illegal, fraudulent or manipulative activity.
ARTICLE 8 – Copyright, property and telephone contacts
The company “AVANT-GOUT STUDIOS” will remain, at all times, the owner of all the intellectual property rights relating to the application “DAYTRIPPER” and its derivatives.
It is forbidden for the user to reproduce or exploite the application, without the express prior written authorization of the company “AVANT-GOUT STUDIOS”, which can include a financial counterpart.
The user, by creating an account, authorizes that the information communicated by himself can be communicated to third parties under the conditions put in part 2. We guarantee that all the data collected during the use of Daytripper will not be sold raw.
The exploitation of the data will be directly managed by the Daytripper team in an ethical framework of respect for the private life of the user. The data will be analyzed in the form of studies managed directly by the Daytripper teams; They will be anonymized
Pursuant to Law 78-17 of 6 January 1978 (French law), personal data requested to the User are necessary for the processing of his application and are intended for internal use by the company “AVANT-GOUT STUDIOS” .
The User has the right to access, modify and rectify information concerning him, under the conditions provided by the law and the regulations in force.
It is specified that the company “AVANT-GOUT STUDIOS” may use the email address provided by the the user in order to send him “NEWSLETTERS”.
The User has the right at any time to terminate these newsletters.
In accordance with the provisions of article L 121-34 of the Consumer Code (French law), the company “AVANT-GOUT STUDIOS” informs the User, in respect of the telephone contact information provided by his care, that he has a right to register on a list of opposition to the phone calls, accessible free of charge at the address www.bloctel.gouv.fr.
ARTICLE 9 – Litigation
The User is informed that, in any case, he may resort to a mediation procedure, in particular to the Consumer Mediation Commission (C. Consom, Article L 534-7) or to the sectoral mediation bodies Or alternative dispute resolution (conciliation, for example) in the event of a dispute.
ARTICLE 10 – Language of the contract
By express agreement, these General Conditions of Use and the transactions resulting therefrom are governed by French law.
They are written in French.
If they are translated into one or more languages, only the French text will be considered authentic in the event of a dispute.
ARTICLE 11 – Agreement of the user