General Terms and Conditions for the Use of the Mobile Application

The present general conditions of use (hereinafter referred to as « GCU ») are intended to determine the rules for the use of the mobile application « Aquatis » (hereinafter referred to as the « Application ») published by the company BOAS Gestion SA (hereinafter referred to as « BOAS Gestion SA »).

By installing the application on your device and/or by accessing the application, as a visitor and/or user, you unconditionally and without reservations accept the entirety of the GCUs defined below. If you do not wish to accept these GCU, we request that you do not access the Application.

Any access and/or use of the Application must occur in compliance with these GCU.

Article 1. DEFINITIONS

The following meanings shall be attributed to the terms beginning with a capital letter within these GCU, whether used in the singular or plural form:

« Application » refers to the software application « Aquatis », published and provided by BOAS Gestion SA, which provides access to the Services and is available free of charge in application stores for download by the User to his mobile device. The Application also includes the Content, software, programs, tools (for programming, navigation, ...), databases, operating systems, documentation and all other elements and services which compose it, as well as the updates and new versions for the Application by BOAS Gestion SA.

« Content » refers to, without limitation, the structure of the Application, the editorial content, drawings, illustrations, images, photographs, graphic charts, trademarks, logos, acronyms, company names, audio-visual works, multimedia works, visual content, audio and sound content, as well as any other content included in the Application and/or any other component of the Application.

« GCS » refers to the general conditions of sale and the specific sales conditions of BOAS Gestion SA, which are applicable to the products and services it markets and which are featured on the Website, applying equally to the website and the Application.

« Services » refers to the various features and services offered by the Application.

« Site » refers to the official Aquatis website, which is located at www.aquatis.ch

« User » or « You » refers to a natural person, whether an adult or a minor, who has previously obtained the authorisation of his/her parents or the person exercising the parental authority and who has downloaded the Application for his/her own use, on a strictly personal and non-commercial, non-profit, direct or indirect basis. 

« Aquatis » refers to the AQUATIS Aquarium-Vivarium Lausanne entity, owned and managed by AQUATIS SA, which is in turn owned and managed by BOAS Gestion SA.

Article 2. THE PURPOSE OF THE APPLICATION

The purpose of the Application is to provide You with access to information and current events on the products and services offered by BOAS Gestion SA within the AQUATIS Aquarium-Vivarium Lausanne complex and to enable You to place reservations on products and/or services via a hyperlink directing You to the Site's reservation page.

Multiple Services may be offered to the User, in particular:

This list is non-exhaustive and may be amended at any time by BOAS Gestion SA, without being held liable in any way whatsoever.

Article 3. ACCESS TO THE APPLICATION

To access and use the Application, You must have access to a compatible phone or a mobile device, as well as to the internet.

The Application can be downloaded free of charge from dedicated platforms to compatible mobile devices. 

The software version of the Application may occasionally be updated to add new features and services.

Article 4. GEOTRACKING

The use of the Application´s geotracking function requires the express prior consent of the user to be geotracked. For this purpose and if he/she so requires, the user must activate the geotracking function directly in the settings of his/her mobile device and grant permission for the Application to use this function. This feature can be deactivated or activated at any time and without charge.

Following acceptance of the GPS-based geotracking function of the mobile phone and the Application, the user may:

Article 5. FINANCIAL CONDITIONS

The Application is offered free of charge to Users without subscription costs by the mobile network service provider, excluding connection costs and access to the Internet, as well as any additional cost charged for accessing the data.

Article 6. APPLICATION OF THE GCU AND THE GCS

The GCU and the GCS are applicable to any User of the Application and the Services.

By reserving a product and/or service from Aquatis, You accept the GCS which You may access via a hyperlink on the Site.

On each visit, the User is requested to carefully read and acknowledge the GCU, which are accessible via a hyperlink on the Application home page and are subject to amendment at any time and without prior notice by BOAS Gestion SA.

The Application may be updated on a regular basis. In this regard, any Application downloaded by a User is valid for a limited period, considering the mandatory updates to be downloaded and any technical, legislative or regulatory developments beyond the control of BOAS Gestion SA.

Article 7. INTELLECTUAL PROPERTY OF THE APPLICATION

BOAS Gestion SA is the exclusive owner of all intellectual property rights relating to the Application and its Content, subject to the rights of the companies for which Aquatis operates the licensing.

Notwithstanding the provisions of Article 7, none of the provisions of the GCU may be interpreted as an assignment, transfer, sale, concession, license, loan, lease, operating license granted directly or indirectly by BOAS Gestion SA for the User´s benefit, regarding the Application, its Content and/or its Services.

Article 8. LICENSE FOR USE

BOAS Gestion SA grants the User a personal right to use the Application, Content and Services, which is non-exclusive, revocable, non-assignable, non-transferable, worldwide and free of charge, solely for his own use within the scope of use of the Application and the Services and excluding any other purpose.

It is strictly forbidden to the User to access and/or use the source codes of the Application and/or the Application´s software components.

The User does not acquire any intellectual property rights to the Application, the Content and/or the Services or to any other rights other than those conferred herein.

This license does not grant the User any right of use on the Content. The User is therefore prohibited to reproduce, represent, adapt and/or exploit any Content.

The User expressly acknowledges that the use of the Application does not in any way infringe the rights of BOAS Gestion SA, and in particular, that this use does not constitute an act of infringement, disloyal or parasitic competition of the Content.

Article 9. OBLIGATIONS OF THE USER

The User expressly undertakes:

Article 10. PROTECTION OF PERSONAL DATA

Any personal data that may be collected and related to the use of the Application will be processed and stored in accordance with the Act no. 78-017 of 6 January 1978, relating to information technology, files and rights, as amended.

The refusal to provide certain personal data may prevent You from accessing certain Services.

In the event of the disclosure of personal data, You have the right to access, rectify and repeal data related to yourself and which You may exercise on request towards the following address: BOAS Gestion SA - Service IT - Chemin des Lentillières 24 - 1023 Crissier, Switzerland.

Article 11. AVAILABILITY OF THE APPLICATION

Aquatis undertakes to make every effort to secure the access, consultation and use of the Application Services. The Application is accessible 24 hours a day, 7 days a week, except in the case of force majeure or the occurrence of an event beyond the control of Aquatis and subject to occasional failures and maintenance operations necessary for the proper functioning of the Application. Maintenance may be performed without prior notification of the Users.

Article 12. LIMITATION OF GUARANTEE

The access and use of the Application occurs at the User's own risk.

The Application and the software are provided « as is » and « as available » without any guarantee of any kind.

It is the User´s responsibility to take all appropriate measures to protect his/her own data and/or software stored on his/her computer and telephone equipment against any attack.

The User declares to be aware of and accept the features and limitations of the Internet network and, in particular, the functional characteristics and technical performance of the Internet; problems relating to connection and/or access to the Internet and/or websites; problems related to network availability and congestion; problems related to network failure or overload; problems with transit time, access to posted information, response times for displaying, viewing, querying, or otherwise transferring data; risk of interruption; the lack of protection of certain data against possible misappropriation or piracy; the risks of contamination by possible viruses circulating on the said networks, etc., for which BOAS Gestion SA cannot be held liable.

Aquatis cannot be held liable:

Furthermore, Aquatis cannot be held liable for any misuse of the device and/or incidents related to the use of the device during the use of the Application. In no event shall Aquatis be liable for any damages of any kind caused to Users, their devices, their computer and telephone equipment and the data stored therein or any consequences arising from their personal, professional or commercial activity.

Article 13. DEVELOPMENTS OF THE GENERAL CONDITIONS OF USE

The applicable GCU are those in force at the time of the User's connection and use of the Application.

BOAS Gestion SA reserves the right to modify, at any time, all or part of the provisions of the GCU without prior notice or prior notification of the Users and to adjust them to the evolution of Services, in technical, legal or jurisprudential terms or when implementing new services.

Any amendments performed by BOAS Gestion SA to the GCU will be brought to the attention of the Users simply by way of their on-line implementation. They are deemed to be accepted without reservations by any User who accesses the Application following its on-line implementation. Aquatis therefore recommends all Users to regularly consult the GCUs.

Any new Service integrating new techniques or new features which improve the quality of the existing Services will also be subject to these GCUs unless expressly provided otherwise.

Article 14. TERMINATION

BOAS Gestion SA may terminate the use of the Application at any time by providing notice of termination.

Upon termination, the rights and licenses which were granted to You will be terminated and You shall cease all use of the Application.

Article 15. CONTACT

Any enquiries relating to the Application and/or Services must be addressed by mail to the following address: BOAS Gestion SA – Service Marketing (Marketing Department) - Chemin des Lentillières 24 - 1023 Crissier, Switzerland.

Article 16. APPLICABLE LAW AND LEGAL COURT

These GCU are subject to Swiss law, as AQUATIS SA is registered in Switzerland. 

Crissier, 31 August 2017