Condicions d’ús

1. WHO ARE WE?

The company SKIS ROSSIGNOL SAS ("SKIS ROSSIGNOL"), is the owner and operator of the mobile application On Piste (the "Application") and of the website onpiste.com (the "Site"). The Application and the Service are designed together as the “Online Services”.  SKIS ROSSIGNOL is a simplified joint stock company whose headquarters is located 98 rue Louis Barran 38430 Saint-Jean de Moirans (France). We invite you to visit the page on legal notices for a more complete description.

Apple, Google, Facebook, or any other social networks do not sponsor, nor are they involved in any way in the management and administration of the Online Services. They cannot be held responsible in any way for downloading, accessing, or using the Online Services.

2. SCOPE OF APPLICATION OF THESE GENERAL CONDITIONS OF USE (the "GCU")

These GCU set the rules for use of the Online Services and govern the relationship between SKIS ROSSIGNOL and the user over 16 years accessing and using the features of the Application (the "User").

In these GCU, the terms "we", "us" or "our" refer to SKIS ROSSIGNOL, while the terms "you", "your" and "yours" refer to any User.

By using our Online Services, you acknowledge that you have read and accepted without reservation the GCU. If not, please refrain from using our Online Services. 

The Online Services may contain links to websites with a different web address. Please note that these GCU do not apply to third party websites, which are not owned or controlled by us.

The GCU are not intended to govern any purchase you may have made from us; we invite you to consult our Terms and Conditions of Sale available on our website rossignol.com for this purpose. These GCU do not apply to your purchases and interactions with our business partners on the Online Services. Accordingly, any purchase of goods and/or services from a third party forms a contract between you and such business partner only, and we disclaim any liability in connection therewith.

3. CONTENT OF OUR APPLICATION and Site

3.1 Content accessible to all Users

The Online Services allows you, as part of its basic services accessible to all Users:

- Access destination offers (routes, races, services, events) from our commercial partners, whose contact details are accessible from our Application and/or the Site;

- Create a user account (the "User Account")

- Contact us;

- Subscribe to our Newsletters (Rossignol, Dynastar, Lange, Onpiste)

- Access the blog maintained by SKIS ROSSIGNOL ;

- Use the SOS function to call for help if necessary. This function allows you to communicate your geolocation to the rescue and send a message.

3.2 Basic content available to Users with a User Account

The following features, also basic services, are only accessible to Users who have opened a User Account, in addition to all the other services listed above in 3.1:

- Downloading of routes (bikes, skis, hikes...) and access to associated guidance services ;

- Tracking your activity (speed, number of km, route (GPS track), average and maximum speed, statistical data related to the activity tracking). The opening of a User Account and the activation of GPS tracking is essential if you wish to keep a history of your routes and to follow the evolution of your activity statistics;

- Challenge: participate in challenges available on the Application and proposed by SKIS ROSSIGNOL (the "Challenges").

CAUTION: SKIS ROSSIGNOL is not a substitute for a health professional, and all advice, recommendations that may be provided on the Application are not necessarily appropriate to your level of health and / or sporting ability. It is your responsibility to consult a doctor who validates your sports activity, and to ensure that you are at a sufficient level and in sufficient health to participate in the Challenges. Furthermore, it is your responsibility to check that the weather is compatible with your sport and that physical access to the proposed circuits is possible. We decline all responsibility in this respect.  Please also note that participation in the Challenges does not automatically entitle you to a reward. We invite you to refer to the rules and regulations specifically dedicated to these Challenges to find out the details.

3.3 External Content

SKIS ROSSIGNOL makes no representations or warranties whatsoever regarding :

• External links

• Information provided by third parties on the Online Services;

• Marketing/promotional offers and/or contests of its business partners present on the Online Services;

• Products and services that the User may access from commercial partners present on the Online Services, in particular through websites accessible via links on the Online Services.

Accordingly, it is the responsibility of the User to be aware of the contractual conditions of these third parties, and is informed that the responsibility of SKIS ROSSIGNOL can in no way be engaged in the relationship of the User and the above-mentioned third parties.

4. DOWNLOAD OF THE APPLICATION

You can download the Application free of charge from :

- Apple Store

- Google Play Store

All basic services accessible with or without a User Account are free. Please note, however, that SKIS ROSSIGNOL reserves the right to make the download of the Application or access to all or part of its features payable. If you have downloaded the Application before this change, you will be informed in advance of this (these) change(s). The same rules applies for the Site.

You are informed that, depending on the terms of your subscription with your mobile operator, charges may be applied by the latter, which will be at your sole expense, if any.

5. CREATION OF A USER ACCOUNT, RECOMMENDATIONS AND CONTACTS

You can freely decide whether or not to create a User Account after downloading the Application, or directly from the Site. Please note that access to certain features requires the creation of a User Account, in view of the purposes of the said features, in particular if you wish to keep a history of your routes, of your activity statistics.

To create a User Account, you must enter your last name, first name and email address. You can, optionally, add a photograph or your sports preferences. This information will be visible only to you. In case of addition of new functionalities allowing you to modify your display and visibility parameters, we will inform you so that you can select the display parameters that suit you.

You agree, if you choose to create a User Account, to provide accurate information when creating it. We remind you that creating a User Account under the identity of a third party is strictly forbidden - you may potentially expose yourself to legal proceedings.  Similarly, you ensure, if you upload a photograph, to use a photograph free of rights, or on which you have either the copyright or permission to use by the owner of rights. SKIS ROSSIGNOL disclaims any liability in case of dispute by a third party, and you alone will bear the consequences of unauthorized use of the said photograph.

We recommend that you choose a sufficiently strong password (do not choose a password that refers to your name, first name, date of birth, or to your relatives in particular), and that you change it without delay in the event of suspicion of fraudulent use of your login and password. In case of unauthorized use of your User Account, please inform us immediately at contact@onpiste.com  and dpo@rossignol.com . You are solely responsible for maintaining the confidentiality of your User Account login and password, especially if you access your User Account through the Site. Any use of your User Account using your personal login and password is presumed to have been made by you in the absence of notification to the above-mentioned email addresses within a reasonable time. Accordingly, we will not be liable for any unauthorized use of your User Account by a third party using your login and password alone. In particular, we will not refund any amount paid to SKIS ROSSIGNOL and / or any third party on the Online Services if you have not reported any fraudulent use of your User Account.

Regarding the identity of other Users, please note that we are not responsible for the true identity of the latter, personal identification through the Internet is possible only to a limited extent. Each User shall ascertain the identity of other Users before engaging in any interaction with them.

In the event of a breach of these GCU and/or fraud, we reserve the right to deactivate your User Account as of right, without notice or compensation of any kind, without prejudice to any other rights we may have against you.

6. ACCESS TO THE APPLICATION AND COMPATIBILITY

The Online Services are in principle accessible 24 hours a day, 7 days a week.

We strive to provide quality access to enable you to use the features of the Online Services in the best possible conditions. Nevertheless, given the nature and complexity of the Internet network, we cannot guarantee that the Online Services will always function correctly, nor that it is free of malfunctions, defects, bugs and viruses. Therefore, we shall not be liable for any loss or damage arising from any viruses or other technologically harmful material that may infect your computer equipment, computer programs or data. It is your responsibility to configure your electronic devices to access the Online Services and to take appropriate measures (antivirus, firewall, etc.,) to protect your electronic devices and the data stored on them.

We do not guarantee that our Online Services is compatible with your cell phone, tablet, connected watch, or other computer equipment and/or computer programs.

We reserve the right, without notice or compensation, to temporarily or permanently shut down all or part of the Online Services, in particular to carry out updates, maintenance operations, modifications or changes to our servers, without this list being restrictive. We shall not be liable for any inconvenience resulting from such changes or from the temporary or permanent unavailability of all or part of the Online Services.

We reserve the right to add to or modify the Online Services and the associated services at any time. However, if such changes result in a change in the processing of your personal data, we will inform you in advance and ask for your consent, if applicable.

7. INTELLECTUAL PROPERTY

The Online Services, their structure, and all other elements included in the Online Services and / or appearing on the Online Services (drawings, models, illustrations, images, soundtracks, texts, logos, trademarks, photographs, video, images, graphic design ...) are our exclusive property, or the property of third parties who have licensed us.

These GCU do not imply any transfer of intellectual property rights or any license on such rights belonging to SKIS ROSSIGNOL or third parties who have granted a license.

The reproduction, representation, dissemination of the Online Services and / or any element contained therein and the creation of derivative works from the Online Services and their elements without our prior written permission, constitutes an infringement punishable by Articles L.335-2 and following of the Code of Intellectual Property. Any use of the elements of the Online Services for purposes not expressly authorized may be prosecuted in France and abroad.

SKIS ROSSIGNOL does not claim ownership of any content created by Users and possibly uploaded to the Online Services (including photography on the User Account).

 The User undertakes, under his sole responsibility, to publish only content free of rights, or on which he holds either an authorization of use (intellectual property and/or image rights), or the copyright. The User shall be solely responsible for any breach of the foregoing and guarantees SKIS ROSSIGNOL against any claim or complaint whatsoever in this regard. The User grants a non-exclusive license to SKIS ROSSIGNOL for the sole purpose of using the Online Services, without limitation of territory, until the closure of the User's Account, or until the User deletes its content from the Online Services, whichever is earlier. SKIS ROSSIGNOL reserves the right to delete without notice any content uploaded by a User, if such content violates the intellectual property rights of a third party, offends the dignity of a third party, image rights of a third party, offends against morality and / or public order, or in case of reasonable doubt about the above, and where appropriate, close the Account of the User involved and take legal action where appropriate.

8. PERSONAL DATA AND COOKIES

In accordance with the regulations relating to the protection of personal data, we inform you that, in our capacity as Data Controller, we may carry out one or more processing operations on your personal data depending on the nature of the interactions we may have with you.

To find out more about the processing of personal data we carry out and the extent of your rights, we invite you to consult our Personal Data Policy.

You are informed that no cookies are placed by the Applications on your electronic devices.

9. YOUR OBLIGATIONS

By continuing to browse the Online Services, you agree to :

- CONSULT a doctor about your sports practice. SKIS ROSSIGNOL does not replace a health professional, and all advice, recommendations that may be provided on the Online Services are not necessarily appropriate to your level of health and / or sporting ability. Before participating in our Challenges, you must ensure that you are able to participate. You are informed and acknowledge that you are fully aware that skiing and/or cycling and/or any other mountain activity may present certain risks or dangers. We will not be responsible for your conduct, and by using the Online Services, you confirm that you are solely responsible for your health;

- DO NOT use the routes if they are closed by the ski resort/area where you are, or if they are not practicable, or if the weather conditions do not allow you to practice your sport safely;

- Be at least 16 years old, as this Application and the Site are not intended for younger users;

- NOT to gain unauthorized access to any part of our Online Services, interfere with any part of it, damage or disrupt the proper functioning of the Online Services. In particular, but without limitation, you agree not to knowingly introduce viruses, Trojan horses, worms, spyware, adware and/or other harmful computer programs or code that may affect the normal operation of any computer software, program or hardware;

- DO NOT use our Online Services to send and/or receive and/or upload, publish, inaccurate, unlawful, defamatory, obscene, abusive, or otherwise subject you or us to legal action or damage our reputation;

- NOT use our Online Services to promote your own business, products and/or services without our prior written consent;

- NOT violate the provisions of "INTELLECTUAL PROPERTY" and "ACCOUNT CREATION AND RECOMMENDATIONS".

In the event of a breach of these GCU and/or fraud, we reserve the right to deactivate your User Account as of right, without notice or compensation of any kind, without prejudice to any other rights we may have against you.

10. OUR LIABILITY

Under no circumstances shall we be liable for any indirect or unforeseeable damages that may result from access to or use of the Online Services or the information contained therein, of whatever nature - including, but not limited to, any loss of profit, loss of data, loss of anticipated savings or any other indirect loss resulting from your use or non-use of the Application. Furthermore, we cannot be held responsible for any damage resulting from a breach of your obligations as described in these GCU or any other fraud committed by you.

We cannot be held responsible for any damage resulting from your use of third-party sites or hypertext links to websites that do not belong to us.

Finally, we remind you that we would NOT be responsible for :

- The quality of the Online Services, which are offered "as is";

- The disruption of the use of the Online Services and/or the impossibility of using it temporarily or permanently, in whole or in part,

Except as otherwise required by law, we shall not be liable for any damage to your information technology, computer programs, platform, or other property in connection with your use of theOnline Services.

11. TOLERANCE

Any tolerance of a situation in violation of this GCU, regardless of frequency or duration, does not grant any rights or modify this GCU. It is expressly stated that any waiver of rights must be in writing.

12. EFFECTIVE DATE AND REVISIONS TO THE GCU

These GCU are effective as of the date of their posting on the Online Services and shall remain in full force and effect for the duration of their posting.

We reserve the right to modify, update the GCU at any time without notice. You are invited to regularly consult the Online Services to take note of the applicable conditions.

13. APPLICABLE LAW AND DISPUTES

The present GCU are subject to French law. 

In case of dispute, the courts of the place where you are domiciled will have jurisdiction.

We reserve the right to seek and obtain injunctions or orders in defense of our rights hereunder.