General Terms and Conditions of Use
My Visit Live
Version dated 19/09/2019
MY TOUR LIVE operates a web application accessible at www.myvisitlive.fr, which allows professionals to broadcast live or pre-recorded 360-degree video content to offer remote ”live” visits while interacting directly with Attendees.
THE RIGHT TO USE THE APPLICATION IS SUBJECT TO THESE TERMS AND CONDITIONS.
Article 1. DEFINITIONS
Terms with a capital letter used in these General Terms and Conditions shall be defined as follows:
Account : personal platform made available to the Customer on the Application that can be accessed using an ID and password allowing the Customer to create a tour using a live or pre-recorded video broadcast (selected from the catalogue of videos previously uploaded to its private platform).
Application : software (web application) created and operated by MY TOUR LIVE and accessible via the www.myvisitlive.fr address, for which a right of use is granted under the provisions of these General Terms and Conditions.
Attendees : users who are individuals and who are invited to the Visit organised by the Customer and, if applicable, who log into the Application during the broadcast.
Customer : any individual or legal entity entitled to use the Application for professional purposes according to these General Terms and Conditions.
Customer Conditions : special conditions attached to these General Terms and Conditions, specifying inter alia the identity of the Customer, the Users, the term of the Agreement and the notice period, the pricing conditions, etc.
Data : data or information used or created by the Customer when using the Application.
Equipment : equipment that the Customer needs to prepare the Visits, which must meet the prerequisites communicated by MY TOUR LIVE.
General Terms and Conditions or Agreement: : these General Terms and Conditions of use of the Application and any document attached or referred to in these General Terms and Conditions. The Agreement is entered into between MY TOUR LIVE and the Customer, and the Customer shall be responsible for the Users.
MY TOUR LIVE : a French simplified joint-stock company, registered with the Marseille Trade and Companies Register under the unique identification number 844 851 485, whose registered office is located 8 Allée Léon Gambetta, CS 20549 Marseille 1, 13001 Marseille, FRANCE, and which is represented by its current Director, Mr Franck ADRAÏ.
Presenter : User who organises and leads the Visit for the Attendees.
Users : users who are individuals employed by the Customer and who use the Application under the Customer’s responsibility.
Visit : 360° video broadcast with audio and/or text interactivity through the Application between the Customer and the Attendees.
Article 2. PURPOSE AND APPLICATION OF THE GENERAL TERMS AND CONDITIONS
The purpose of these General Terms and Conditions is to define the terms and conditions of use of the Application for the Customer and the Users.
he Customer acknowledges that these General Terms and Conditions prevail over all other documents such as leaflets, catalogues and documentation from MY TOUR LIVE, which only provide a general guide, and over any of the Customer’s documents, in particular its general terms and conditions of purchase. The use of the Application is subject to the acceptance of and compliance with these General Terms and Conditions by the Customer and the Users. The Customer warrants that Users accessing the Application will comply with these General Terms and Conditions.
Article 3. DESCRIPTION OF THE APPLICATION, ACCESS AND EQUIPMENT
3.1. Description of the Application
Details of the Application’s features are provided on the Application and/or are available upon request from MY TOUR LIVE. The Customer acknowledges that it has received all the useful and necessary information to enable it to make an informed commitment before signing the Agreement.
The Application allows the Customer and the Users to conduct live visits online with a set, previously selected number of Attendees, by broadcasting immersive videos (360° or drone) and interacting with Attendees in real time. The Customer acknowledges that there may be a technical lag time of a few tens of seconds creating a slight delay between shooting and broadcasting to the Attendees. Please note that the “Replay” mode does not allow Attendees to interact with the Presenter.
To do this, the User must create a dedicated "session" to allow the Visit to be conducted at a specific time. The User will have to provide the email addresses of the Attendees the User wishes to invite. The Attendees will receive an email inviting them to log into the Application via a link. The Visit may only be broadcast at the time the User chose to create the session. The User must close the session at the end of the Visit.
Users and Attendees may converse via audio chat or text while the Visit is broadcast, except with the Replay mode.
MY TOUR LIVE may save and host Visits that are broadcast live for technical purposes. The Customer will be able to retrieve the content from MY TOUR LIVE upon request. The Customer can also upload 360° videos that it wishes to use for its Visits into the Application which be hosted within the volume limits defined in the special conditions.
MY TOUR LIVE reserves the right to continue to develop the Application, in particular by making new features available, or by modifying or deleting certain features after informing the Customer.
MY TOUR LIVE reserves the right to have all or part of its obligations performed by subcontractors under its responsibility.
The right to use the Application does not include the installation, configuration, adaptation, customisation or that the Application will fit with the Customer’s specific needs. Any support or training services that may be provided by MY TOUR LIVE must be mentioned in the Customer Conditions. Any other support or training service requested by the Customer will be provided only subject to the prior agreement of MY TOUR LIVE and will be billed separately.
3.2. Accessing the Application
Once the Agreement has been signed, MY TOUR LIVE will create an Account for each User mentioned in the Customer Conditions.
To do this, the Customer must inform MY TOUR LIVE of the surnames, first names, email addresses and telephone numbers of the Users who will receive an email from MY TOUR LIVE inviting them to activate their Account. The Customer shall be responsible for the information communicated, which must be accurate. MY TOUR LIVE cannot be held liable in the event of failure due to incorrect information.
Customers or Users may change their login details (username and password) in their Account. To change any additional information regarding the User or to add/delete Users, the Customer or User must contact MY TOUR LIVE, who will make the required modifications.
The Account will be accessed using an ID and password chosen by the User when activating the Account. The Customer and the Users acknowledge that these are strictly personal and confidential and shall therefore refrain from communicating or sharing them with third parties. The Customer shall be solely responsible and liable for the use of these identifiers and Accounts by third parties, whether fraudulent or not.
To ensure safe access to the Account, Users are advised to choose a unique, non-intuitive password and to contact MY TOUR LIVE if they in case of doubt on the fraudulent use of their Account or their login and password details.
In general, the Customer shall bear all the costs and be solely responsible and liable for all the technical equipment, as well as telecommunication costs to access and use the Application.
To conduct the Visits, the Customer must have Equipment that meets the prerequisites communicated by MY TOUR LIVE. The Customer shall bear the costs and shall be responsible and liable for this Equipment.
At its discretion, the Customer may purchase the Equipment from MY TOUR LIVE, which offers an optimised Equipment pack for Visits, or from a supplier designated by MY TOUR LIVE. The warranty offered on the Equipment is only the one which may be offered by the manufacturer or supplier of the Equipment and MY TOUR LIVE excludes any other warranty.
Article 4. MY TOUR LIVE’S OBLIGATIONS
MY TOUR LIVE undertakes to implement all reasonable due diligence and to comply with professional standards when providing access to the Application and its features.
MY TOUR LIVE undertakes to make every effort to ensure the hosting (for technical purposes), security, confidentiality and integrity of the Application and to limit the risks of interruption and data loss, as well as, where applicable, to limit the consequences of a security error or breach in the Application and to repair them as soon as possible.
However, the Customer is aware that no one can warrant absolute security, nor that the Application will operate without errors, and that MY TOUR LIVE is only bound by a best endeavours obligation.
MY TOUR LIVE reserves the right to modify or interrupt access to the Application, in particular for security, maintenance, updating or improvement reasons, and to change its content, without compensation. Where possible, MY TOUR LIVE shall make every effort to minimise the inconvenience to the Customer and to notify it of any interruption in advance.
MY TOUR LIVE cannot held be liable for technical constraints related to the nature of the Internet network or for any interruption that cannot be attributed to a fault on its part.
Article 5. THE CUSTOMER’S OBLIGATIONS
The use of the Application by the Customer shall be its sole and exclusive liability. In particular, the Customer shall be solely responsible and liable for the use that Users and Attendees make of the Application and the Visits conducted, as well as for the relationship between Users and Attendees.
The Customer and the Users undertake to use the Application in accordance with current regulations and in particular to respect all obligations that are applicable to them.
The Customer and the Users shall be responsible for the Data and Visits they share with the Attendees, in particular for their quality, lawfulness and relevance.
The Customer undertakes to only share Visits and Data for which it holds all the rights that may be required for their use in the Application. The Customer undertakes not to broadcast Visits that are likely to harm third parties’ rights or violate current laws.
For example, but without limitation, the Customer and the Users undertake not to broadcast Visits or Data that contravene standards of public decency and order, are inappropriate, defamatory, abusive, insulting, pornographic or paedophile, obscene, violent, provocative, incite hatred, are of a racial or discriminatory nature, or advocate war crimes, crimes against humanity or terrorism.
The Customer and the Users also undertake not to broadcast Visits or Data that infringe the rights of third parties such as the right to privacy, image reproduction rights or intellectual property rights.
The Customer warrants that it is solely responsible for ensuring that the Visits and Data are lawful.
Article 6. PRICES AND PAYMENT
Access to the Application shall be granted only if the Customer has ordered a subscription, which will be detailed in the Customer Conditions (term, Users, prices).
The current prices are listed in the Application and are set without taxes. MY TOUR LIVE reserves the right to modify the prices at any time. The price change will come into effect the following month. MY TOUR LIVE shall inform the Customer in writing before the date the new rate comes into effect and the Customer may terminate the Agreement if it disagrees with the new price.
The subscription entitles Customer to broadcast a certain volume of Visits and Data (in gigabytes) and for Attendees to stream Visits for a set amount of time (in hours). The Customer may not exceed the volume and time specified in the Customer Conditions. If the Customer wishes to increase the volume and streaming time, it must send a written request to MY TOUR LIVE, who will adjust the price accordingly.
The price corresponds to a fix amount that applies whether or not the Customer has used the volume or streaming time specified during the month in question. If the volume or streaming time is not used during the month in question, the Customer shall not be entitled to any refunds or carryover.
All orders are firm and definitive, and the Customer may under no circumstances request a partial or full refund.
The price shall be paid at the beginning of each month for the coming period, by monthly direct debit from the Customer’s account. No discounts will be due for early payment.
Any late payments based on the agreed due date shall entail penalties at a rate equal to the interest rate applied by the European Central Bank during its most recent refinancing operation plus 10 percentage points and a fixed sum of €40 as compensation for recovery costs, without any prior formal notice being required, and without this clause precluding any action to recover the debt or MY TOUR LIVE’s right to suspend access to the Application or terminate the Agreement. All costs resulting from this failure shall be or shall remain the responsibility of the defaulting debtor.
Article 7. TERM AND TERMINATION OF THE AGREEMENT
The Agreement shall come into force on the date it is signed, for a fixed term specified in the Customer Conditions. It will be extended for periods of the same length, unless terminated by one of the Parties by registered letter with acknowledgement of receipt within the notice period specified in the Customer Conditions.
Furthermore, each of the Parties may terminate the Agreement should the other party fail to fulfil its obligations (in particular the obligations provided for in Article 3, Article 4, Article 5, Article 6, Article 8, Article 9 and Article 12), 15 days after sending a letter of formal notice by registered post with acknowledgement of receipt remained unremedied.
Should the Agreement be terminated, for any reason, the right to use the Application will also be terminated and the Customer’s Accounts, Data and Visits will be deleted within 30 days of termination. The Customer may write to MY TOUR LIVE within this period to request that its Data to be exported. This export may be carried out subject to prior validation by MY TOUR LIVE of the technical feasibility and after acceptance of a specific quotation.
Clauses intended to survive the termination of the Agreement, in particular Article 8, Article 9 and Article 10, shall continue to apply.
Article 8. INTELLECTUAL PROPERTY
8.1. Right to use the Application
MY TOUR LIVE grants Users a personal, limited, temporary and non-exclusive right to use the Application, as an executable. It may not be transferred or loaned to others. The use of the Application is only intended to cover the Customer’s internal professional needs.
Any use not provided for herein is prohibited and, in particular but without limitation, the Customer and the Users shall undertake not to and not to allow a third party to: (i) use the Application for purposes other than those described in the General Terms and Conditions and in the Application; (ii) produce any copies, reproduce, alter, adapt, amend in any way whatsoever, translate in any way whatsoever or integrate into another product all or part of the Application, create derivative works from the Application, disassemble or reverse engineer in any way, or attempt to discover its source codes (deemed strictly confidential); or (iii) infringe in any way upon the rights of MY TOUR LIVE, which reserves the exclusive right to correct any errors that the Application may contain.
8.2. Rights Regarding Data and Videos
The Customer acknowledges that the provision of the Application’s features, in particular broadcasting Visits, requires the presentation, reproduction and, where applicable, adaptation of videos. Consequently, the Customer grants MY TOUR LIVE, on a non-exclusive basis, the necessary rights allowing it to store and broadcast videos and data in the Application, in particular the right to represent, reproduce and adapt videos and data, if they are protected by an intellectual property right.
Article 9. WARRANTIES AND LIABILITY
9.1. MY TOUR LIVE’s warranties and liability
As the Application falls under a particularly complex field of information technology, based on current state of the art and technology, it cannot possibly be tested for all possible uses. Therefore, no warranty other than those stated in these General Terms and Conditions can be granted. The right to use the Application is granted "as is", without any other express or implied warranty.
MY TOUR LIVE is bound by a general best endeavours obligation, and cannot be held liable for any damages, whatever their nature, resulting from any unavailability of the Application that is not due to a proven fault by MY TOUR LIVE.
Under no circumstances shall MY TOUR LIVE be liable to the Customer for any indirect damages, including but not limited to, any loss of earnings, operating, profit, data, recordings or content losses, any business interruption or inability to access it except as provided for in the General Terms and Conditions.
Should the Customer purchase the Equipment from MY TOUR LIVE, it undertakes to pay the price of the Equipment in compliance with the payment terms specified by MY TOUR LIVE at the time of the order. The shipping costs shall be borne by the Customer. Should the payment not be received on time, MY TOUR LIVE reserves the right to terminate the Agreement and the unpaid Equipment shall be returned to MY TOUR LIVE.
The amount of damages for which MY TOUR LIVE could be held liable, under the conditions provided for above, shall be limited to the amount paid by the Customer to MY TOUR LIVE during the last 12 months.
Neither party shall be held liable for any breach of its obligations hereunder if such breach results from any act, fact or event beyond its control, more specifically as a result of force majeure, including, but without limitation, events recognised as such by law and strikes, wars, embargoes, accidents, fires, blockades, natural disasters and weather conditions, disruptions, outages and anomalies affecting transmissions through telecommunications networks, power cuts or any other technical difficulties or faults with the Internet network.
9.2. The Customer’s warranties and liability
MY TOUR LIVE is a technical service provider offering online live visits which is likely to host the videos and data required for these Visits .
The Customer is the sole responsible for its relationship with the Attendees and the Visits it broadcasts to Attendees.
The Customer undertakes to indemnify MY TOUR LIVE against any direct or indirect damage resulting from the breach of the Agreement by the Customer or the Users or from the performance of the Visits , in particular from any lawsuits brought against it and their consequences (in particular compensation, damages, legal fees and legal costs that MY TOUR LIVE would be required to pay) in this respect.
Article 10. LAW, DISPUTES & JURISDICTION
The Agreement and the relationships between the Parties are governed by French law. Any disputes between MY TOUR LIVE and the Customer shall be submitted to the exclusive jurisdiction of the competent Court for the area in which MY TOUR LIVE’s registered office is located, notwithstanding multiple defendants, warranty claims or incidental claims, including for ex parte or urgent proceedings. In case of a dispute, the French version shall prevail.
Article 11. MISCELLANEOUS
If any of the clauses of these General Terms and Conditions are deemed null and void or inapplicable by virtue of a law or regulation or following an enforceable decision by a court or competent authority, the Parties expressly agree that the Agreement shall not be affected by the nullity of the aforementioned clause. Should one of the Parties not require the strict enforcement by the other party of any provision or condition of these General Terms and Conditions at any time, this shall not be deemed a definitive waiver of this provision or condition. Consequently, each of the Parties may at any time request the strict and complete enforcement of these General Terms and Conditions by the other party.
Article 12. PERSONAL DATA
12.1. Personal Data of the Customer and Users
12.2. Attendees’ Personal Data
12.2.1. Description of Processing Operations
The use of the Application by the Customer involves the processing of the Attendees’ personal data by MY TOUR LIVE on behalf of the Customer under the conditions specified below:
The Customer acts as the data controller and MY TOUR LIVE only acts as a processor when it comes to processing the Attendees’ personal data.
The purpose of MY TOUR LIVE’s processing of Attendees’ personal data is to send invites to Attendees and to log them into the Application so they can participate in the Visit. As such, the Attendees’ personal data (Attendee’s email address provided by the Customer, username chosen by the Attendee, email invite sent status, Attendees’ status to know if they are connected during the Visit) will be collected, recorded, organised, kept, read and/or deleted by MY TOUR LIVE under the Agreement and used only to perform the Agreement, to allow the Customer and the Attendees to use the Application.
This personal data will only be processed during the term of the Agreement.
12.2.2. The Customer’s Obligations
The Customer undertakes to respect its obligations under current regulations regarding the Attendees. In particular, but without limitation, as the data controller, the Customer undertakes to respect the principles of personal data protection, to ensure, as far as it is concerned, the security, confidentiality and integrity of personal data by implementing appropriate technical and organisational measures, to only send personal data that was lawfully obtained and lawfully processed to MY TOUR LIVE, and not to use the Application for purposes that do not comply with current regulations.
It is the Customer’s responsibility to ensure that the Attendees are informed of the processing operations performed when they use the Application.
The Customer declares and acknowledges that it has chosen to use the Application and thus, considers in particular, in the light of the information provided by MY TOUR LIVE, that it offers sufficient guarantees, so that the processing operations are compliant with current regulations and that the Attendees rights are protected.
12.2.3. MY TOUR LIVE’s Obligations
Instructions : MY TOUR LIVE shall only process Attendees’ personal data following documented instructions from the Customer, for the purposes described above. The Customer’s instructions are comprised of the Agreement, the Customer’s actions in connection with the use of the Application and any instructions provided in writing by the Customer within the limits of the Agreement.
If MY TOUR LIVE is required to transfer data to a third country or international organisation in accordance with European Union or French law, MY TOUR LIVE shall inform the Customer, unless that law prohibits such information on important grounds of public interest.
Privacy : MY TOUR LIVE shall ensure that persons authorised to process Attendees’ personal data ave committed themselves to confidentiality of this personal data.
Security : MY TOUR LIVE undertakes to make every effort to implement appropriate technical and organisational measures to ensure a level of security appropriate for the processing of Attendees’ personal data, taking into account state of the art, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risks to Attendees’ rights and freedoms.
Requests from Attendees : MY TOUR LIVE undertakes to assist the Customer where possible, at the Customer’s request, to respond to any requests from Attendees that comply with the regulations regarding their personal data.
If Attendees send requests directly to MY TOUR LIVE, the latter undertakes to send them to the Customer as soon as possible.
Customer Information : the Customer may request that MY TOUR LIVE provide reasonable information necessary to demonstrate compliance with its obligations under Article 28 of the General Data Protection Regulation and to allow audits to be performed to check compliance with the provisions of this clause.
Where possible, MY TOUR LIVE shall inform the Customer if it becomes aware of any instructions which, in its opinion, are in violation of the applicable provisions.
MY TOUR LIVE shall inform the Customer of any breach of the Attendees’ personal data as soon as possible after becoming aware of it.
Deletion of personal data : Attendees’ data belonging to the Customer will be deleted within 90 days of the Attendee’s last login to the Application.
12.2.4. MY TOUR LIVE’s subcontractors
The Customer accepts that MY TOUR LIVE may engage another processor, in particular for hosting the data and the Application. MY TOUR LIVE undertakes to ask them to comply with the obligations that apply to the Attendees’ personal data. MY TOUR LIVE shall remain liable to the Customer for the performance of the Agreement. The list of other processors is available for the Customer upon request.
MY TOUR LIVE will inform the Customer in advance of any plans to add or replace other processors, and the Customer will be able to object to these changes within 15 days by indicating the reasons for these objections.