These general terms and conditions govern the use of the mobile Application (hereinafter “the Application”) developed, published and put online by sprl Emisys, registered with the Crossroads Bank for Enterprises under number 0566.973.908, whose registered office is located at 1450 Blanmont, Rue de l’Église 23, bte 101 ([email protected]).
The installation and use of the Application presupposes that the User accepts the general terms and conditions of use defined below.
Article 1 – Purpose of the Application
The Application is the official mobile application for the event. It allows Users to obtain detailed information about the event, the artists scheduled, the concert schedules or the site map. It also gives access to the User’s electronic wallet (Cashless account) which can be recharged directly via the Application.
The Application can be downloaded by the User, on a compatible mobile device, via the Google Play and Apple Store download platforms.
Article 2 – Registration and connection to the Application
Use of the Application requires prior registration and the creation of an account specific to each User.
This account may be created, at the User’s option, directly from the Application or via an existing account on the Google, Facebook or Spotify platforms. A login and password will be requested from the User when the account is created directly from the Application.
The User undertakes to keep his or her identifiers (login and password) confidential, for which he or she is solely responsible.
Article 3 – Use of the Application
The Application can only be used on a compatible mobile device with a Wi-fi or 3G/4G mobile network connection.
The use of the Application may result in additional communication costs for which the User will be solely responsible.
The User undertakes to use the Application for strictly private and non-commercial purposes.
Article 4 – Collection of personal data
When using the Application, Users are requested to provide personal data such as their identifiers, surnames, first names, postal addresses, e-mail addresses, telephone numbers, country of residence.
Users undertake to provide correct and complete information.
Personal data collected in the context of the use of the Application will be collected and processed by Emisys in accordance with the rules set out in article 6 of these terms and conditions.
Article 5 – Processing of personal data
The personal data collected, within the framework of the use of the Application or via the Application’s cookies, are processed in strict compliance with the provisions of the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal data and with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
The data collected from Users is processed fairly, lawfully and only for the following purposes:
Management of registrations and “user accounts”;
Interaction between the “user account” and the User’s electronic wallet (Cashless account);
Interaction between the “User Account” and the User’s account(s) on social networks (Facebook, Instagram, Twitter) and/or music platforms (Spotify);
Sending notifications to the User at the Event;
The data collected is kept only for the time reasonably necessary for the purposes pursued and in accordance with legal requirements. They will be deleted as soon as they are no longer necessary for the purpose pursued and, at the latest, 2 years after their collection.
At any time, the User may request to be removed from the database or mailings.
In accordance with the regulations in force applicable to the processing of personal data, the User may have access to the personal data concerning him/her, update it, make changes to it, oppose its processing or request its deletion.
To exercise any of these rights, the User may address his or her request directly to Emisys, via the email address [email protected]
Article 6 – Transfer of personal data
The data collected and processed by Emisys will be transmitted to the Event Organisers to enable them to inform Users of any changes or practical information related to the Event.
Emisys reserves the right to transmit the data collected from Users to third parties, where appropriate, for commercial purposes. In such a case, Emisys shall ensure that it obtains the express and unambiguous consent of the User prior to the transmission of the data.
In any event, Emisys will never transfer the data collected from Users outside the European Union to a country that does not ensure an adequate level of data protection, within the meaning of the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data and of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
Article 7 – Links
The Application integrates sharing functionalities with certain social networks (Facebook, Twitter, Instagram) and music platforms (Spotify). The Application may also provide links to one or more websites operated by third parties as well as references to other sources of information.
Emisys declines all responsibility for the information presented on these other platforms/sites as well as for any possible damage related to the use of these links.
Emisys does not control the platforms and sites offered by links or the information contained therein. Consequently, Emisys declines all responsibility for the information presented on these other platforms and sites, the availability, content, advertising and/or products offered by these platforms and sites. Similarly, Emisys may not be held liable for the quality and/or exhaustive nature of the information published on these platforms and sites.
Emisys also declines all liability for any damage that may result from consulting the information present on the platforms and sites proposed as links or in other sources of information in general, in particular in the event of loss or damage caused or allegedly caused during connections to these platforms and sites.
Article 8 – Liability
Emisys undertakes to use its best efforts to ensure the proper functioning of the Application.
Emisys shall endeavour to provide up-to-date and accurate information on the Application. Nevertheless, it cannot guarantee that the Application is exhaustive and that all the information provided is complete. Emisys may not be held liable under any circumstances for the use of the information provided on the Application or for the absence of specific information.
Emisys reserves the right to adapt, modify, correct or delete all or part of the content of the Application, without prior notice or notification.
The User of the Mobile Application is aware of the fact that the Internet is not a perfectly protected medium and that total security with regard to privacy cannot be guaranteed. Consequently, Emisys may in no way be held liable for any damage suffered by the User of the Application as a result of the introduction by the latter of confidential or sensitive information.
The User accepts that any access to or use of the Application shall be at the User’s own risk. Emisys shall in no way be liable for any direct or indirect damage caused by the use of the Application. Emisys may under no circumstances be held liable for any damage resulting directly, indirectly or incidentally from the incorrect or improper use of the Application, or as a result of an incorrect or defective connection or any other use in combination with any computer hardware other than the Application or any other specific software or hardware.
Article 9 – Intellectual property
The Application is the property of Emisys.
The content and presentation of the Application (HTML or Flash pages, fixed or automatically generated, image files, illustrations, sounds, videos, names, trademarks, logos, databases, lay-out, drawings, etc.) are protected by copyright, trademark law or other laws relating to intellectual property.
Any reproduction, modification, adaptation, redistribution, translation, commercial exploitation, communication to the public, rental of all or part of the Application, in any form whatsoever and by any means whatsoever, is strictly prohibited, except with the prior written authorisation of Emisys.
All reproduction and representation rights reserved, © Emisys.
Article 10 – Nullity of the conditions
The possible nullity or lapse of one or more clauses of these conditions does not in any way affect the validity of the conditions and its other clauses.
Emisys shall endeavour to replace any disputed clause by a lawful clause of equivalent subject matter and nature.
Article 11 – Modification of the conditions
Emisys reserves the right to modify all or part of these terms and conditions at any time without prior notice or notification. The modifications shall apply as soon as they are put online.
Consequently, Users are invited to regularly consult the general terms and conditions of use to be aware of any changes.
The terms and conditions, as well as their modifications, may be freely consulted by the User on the Application.
Article 12 – Applicable law
These conditions are exclusively governed by Belgian law.
Article 13 – Jurisdiction
Any dispute relating to the application, execution or interpretation of these conditions, which cannot be resolved amicably, falls within the exclusive jurisdiction of the courts of the judicial district of Walloon Brabant.