This translation is provided for information purposes only: only the French version is legally binding.
Preamble
The services provided by VivAccess — hereinafter the "Services" — are intended to facilitate the accessibility, reception, orientation and assistance of Users with disabilities at events, in venues open to the public or in any environment equipped with VivAccess solutions.
The Services may include, in particular:
- an online Audio Description service allowing Users to listen to an audio stream during a live event, within a limited geographical area, with low latency;
- an online enhanced audio (hearing loop) service, allowing people equipped with a compatible hearing aid or a suitable device to benefit from improved sound reception;
- a French Sign Language (LSF) interpretation service, provided through a remote interpreter or a video device;
- a multilingual live captioning service, allowing the display, in real time or near real time, of a written transcript;
- a help or assistance request service, allowing Users to report a need for support, orientation or intervention;
- a medical need reporting service, allowing Users to request assistance or alert the teams present on site;
- a parking reservation service, where this feature is available;
- an order service, where this feature is available.
These services are provided by VivAccess, a SASU (French simplified joint-stock company) with a share capital of 1 000 €, having its registered office at 140 rue Yves Montand, 29820 Guilers, identified under SIREN number 934 342 528 and registered with the Trade and Companies Register (RCS) of Brest.
The Service is provided free of charge to any User for their own needs, as part of strictly personal and non-commercial use. It is offered in French and, where applicable, in English and Spanish.
Access to and use of the Service are subject to these Terms of Use — hereinafter the "Terms" — which the User expressly accepts by using the Service. Use of the Service is under the User's sole and exclusive responsibility.
Art. 1 — Definitions
Assistance request: the feature allowing the User to request assistance, orientation, support or intervention from VivAccess, the organizer, the venue operator or their partner teams.
Medical need: any request or alert transmitted in order to report a situation requiring medical, health or emergency assistance.
Parking reservation: the feature allowing the User to request or reserve a parking space, in particular one adapted for persons with reduced mobility, subject to availability and to the conditions set by the organizer, the venue operator or the parking operator.
Order: the feature allowing the User to order products, services or offerings provided in connection with the relevant event or venue, subject to availability and to the applicable conditions.
Partners: event organizers, venue operators, service providers, security services, medical teams, parking operators, merchants or any other third party involved in the provision or performance of the Services.
Art. 2 — Access to the Services
Access to the assistance request service may require the identification of the User, their location within the relevant venue or event, and the transmission of the information necessary to process their request.
Access to the medical need reporting service may require the transmission of information relating to the reported situation and to the User's location.
This service does not constitute a standalone emergency medical service. In the event of a life-threatening emergency or immediate danger, contact the competent emergency services directly: 15, 18 or 112 (French emergency numbers).
Access to the parking reservation service is subject to availability, to the access conditions of the venue or event, and to the rules set by the organizer, the venue operator or the parking operator.
Access to the order service is subject to the availability of the products, services or offerings provided, and to the applicable opening hours, pricing conditions and terms of payment, collection, delivery or performance.
VivAccess does not guarantee the permanent availability of these services, as they may depend on third parties, on the organization of the event, on the venue, on the teams available or on technical constraints.
Art. 3 — Cost of the Services
The Services are provided by VivAccess free of charge for users during the event, excluding any charges relating to:
- mobile phone subscriptions;
- connectivity;
- Internet access;
- personal equipment;
- parking reservations;
- orders for products, services or offerings;
- or any other fee charged by the mobile operator, the access provider, the organizer, the venue operator, the parking operator, the merchant or any third party.
Any prices, fees and conditions of cancellation, refund, collection, delivery or performance applicable to reservations or orders are indicated to the User before confirmation, where they fall within VivAccess's remit or are brought to its attention. These costs shall be borne exclusively by the User.
Art. 4 — User's Liability and Warranties
In connection with the assistance request, medical need reporting, parking reservation or order services, the User undertakes to provide accurate, complete and up-to-date information.
The User shall refrain from submitting false requests, false alerts, misleading or abusive information, or any request likely to disrupt the organization of the event, the operation of the venue, or the assistance, security or emergency teams. Any assistance request or medical need report must correspond to a genuine situation.
The User remains responsible for the information communicated through the Services, for the use of their device, for the reservations made, for the orders confirmed, for the payment of the products, services or offerings ordered where applicable, and for compliance with the instructions given by the teams present on site.
In the event of a medical emergency or immediate danger, the User must contact the competent emergency services directly and must not rely solely on the use of the Service.
Art. 5 — VivAccess's Liability
With respect to the assistance request service, VivAccess enables the transmission of a request to the competent teams when the system is available. VivAccess does not guarantee any specific response time, as this may depend on the organization of the venue, the event, the availability of the teams or the nature of the request.
With respect to the medical need reporting service, VivAccess may facilitate the transmission of an alert or an assistance request to the teams present on site. This service does not replace public emergency services, healthcare professionals or official rescue arrangements. VivAccess shall not be held liable for the consequences of any failure to contact the emergency services directly in the event of a serious, urgent or life-threatening situation.
With respect to the parking reservation service, VivAccess does not guarantee the actual availability of a parking space, unless expressly confirmed otherwise. Access to the parking facility may remain subject to the rules of the venue, access controls, requested supporting documents, the actual availability of spaces and the decisions of the parking operator.
With respect to the order service, VivAccess may act as a technical intermediary enabling the transmission of an order. VivAccess shall not be held liable for the unavailability of a product, a delay, a preparation error, a failure of performance or a dispute attributable to a third-party provider, merchant, organizer or operator.
In particular, VivAccess shall not be held liable for:
- the failure to process, or the delay in processing, an assistance request;
- the absence or delay of medical or emergency intervention;
- the unavailability of a parking space;
- the refusal of access to a parking facility by the venue manager;
- the unavailability of an ordered product or service;
- an error, cancellation, modification or unavailability attributable to a partner or a third party;
- any inaccurate information provided by the User.
Art. 6 — Personal Data
Personal data collected in connection with the Services may be processed in order to enable, in particular: access to the Services; geolocation, where necessary; the technical operation of the Services; access to an audio, video, LSF or text stream; the production or display of a live transcript; the processing of an assistance request; the reporting and handling of a medical need; the reservation of a parking space; the ordering of products or services; the management of payment where applicable; the improvement, security and maintenance of the Services; the handling of assistance, contact or complaint requests; and the collection of user feedback.
Depending on the Service used, the data processed may include identification data, contact data, technical connection data, data relating to the device, location data, or data relating to an assistance request, a medical need, a reservation or an order.
When the User reports a medical need, they are invited to provide only the information strictly necessary. Some of this information may be considered sensitive within the meaning of the applicable regulations.
This data may be transmitted, where necessary, to the competent teams (organizers, venue operators, reception and security services, medical teams, parking operators, merchants, service providers or partners). For more information, please see the AssistEvent privacy policy.
Art. 7 — Intellectual Property
The User acknowledges that the information, interfaces, content, maps, instructions, documents, confirmations, tickets, reservations, orders or any other element accessible through the Services may be protected by rights belonging to VivAccess or to third parties. Any unauthorized reproduction, distribution, extraction or exploitation is strictly prohibited.
Art. 8 — Contact
Any notice, request, demand, communication, complaint or dispute relating to these Terms or to the Services must be sent to VivAccess by email at contact@vivaccess.fr.
For requests relating to personal data: rgpd@vivaccess.com.
Or by post: VivAccess — 140 rue Yves Montand, 29820 Guilers.