Date of last update: May 12, 2022
The present general conditions of use (known as "T & Cs") have for object the legal framework of the methods of provision of the website and the services by Hika and to define the conditions of access and use of the services by "l 'User'.
ARTICLE 1: Legal notices
The editing and direction of the publication of the website https://www.hika.app and the Hika mobile application are provided by Charles Mellier, domiciled at 5 impasse de l'Aunis, 44120 Vertou.
Email address: firstname.lastname@example.org.
ARTICLE 2: Access to the website
The website https://www.hika.app and the Hika mobile application allow the User access to the following services:
The development and marketing of information relating to physical activity in the great outdoors, in various media (mobile applications, website, and others).
The website and the application are accessible free of charge anywhere to any User with Internet access. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are at their expense.
ARTICLE 3: Data collection
The website and the mobile application are exempt from declaration to the Commission Nationale Informatique et Libertés (CNIL) insofar as they do not collect any data concerning Users.
ARTICLE 4: Intellectual property
The brands, logos, signs and all the content of the website on mobile app (texts, images, sound, etc.) are protected by the Intellectual Property Code and more particularly by copyright.
The User must seek the prior authorization of the website or mobile app for any reproduction, publication, copy of the various contents. He undertakes to use the contents of the website or mobile app in a strictly private context, any use for commercial and advertising purposes is strictly prohibited.
Any total or partial representation of this website or mobile app by any means whatsoever without the express authorization of the website operator constitutes an infringement punishable by Article L 335-2 and following of the Intellectual Property Code.
It is recalled in accordance with Article L122-5 of the Intellectual Property Code that the User who reproduces, copies or publishes the protected content must cite the author and its source.
ARTICLE 5: Liability
The sources of the information disseminated on the website https://www.hika.app and on the Hika mobile application are deemed reliable, but Hika does not guarantee that it is free from defects, errors or omissions.
The information communicated is presented for indicative and general purposes without contractual value. Despite regular updates, Hika cannot be held responsible for changes in administrative and legal provisions occurring after publication. Likewise, Hika cannot be held responsible for the use and interpretation of the information contained on this website and mobile app.
Hika cannot be held responsible for any viruses that could infect the computer or any computer equipment of the Internet user, following use, access, or download from this website.
The responsibility of the company cannot be engaged in case of force majeure or the unforeseeable and insurmountable fact of a third.
ARTICLE 6: Hypertext links
Hypertext links may be present on the website. The User is informed that by clicking on these links, he will leave the website https://www.hika.app. The latter has no control over the web pages on which these links lead and can in no way be responsible for their content.
ARTICLE 7: Cookies
ARTICLE 8: Applicable law and competent jurisdiction
French law applies to this contract. In the absence of an amicable resolution of a dispute between the parties, the French courts will have sole jurisdiction to hear it.
For any question relating to the application of these T & Cs, you can contact the publisher at the contact details listed in ARTICLE 1.
ARTICLE 9: Third party content
ARTICLE 10: Registration
A Hika user can create a user account for free, and thus become a member. This requires providing an email address, username, and password.
You are responsible for maintaining the confidentiality of your user account, password, and other user information about you, and for restricting access to your device to help protect that information.
In order to update your email address, you can contact us at email@example.com.
By agreeing to become a member, you consent to receive occasional emails regarding special offers, marketing campaigns, surveys and products. You may unsubscribe from commercial e-mails received by following the unsubscribe instructions provided in such messages.
ARTICLE 11: User content
Hika products may allow you to submit material to us, including text, files, images, photos, and information about recorded activities.
By transmitting, uploading, posting, e-mailing or otherwise submitting the material, you warrant that you have the right to grant to Hika an irrevocable, perpetual, non-exclusive license, fully paid, royalty-free, worldwide, to use, broadcast, copy, modify, perform, display, publish, distribute and otherwise exploit user's materials, or any portion thereof and any idea, concepts or know-how contained therein, with or without attribution, in any way (including, but not limited to, for commercial, advertising, promotional or announcement purposes) and in all media now known or hereafter devised, and to prepare derivative works of such user material or incorporate it into other works, and to grant and authorize sublicenses of such precedes. You further acknowledge that your user materials will not be returned to you and that Hika has no obligation to acknowledge receipt of or respond to any user materials. If you submit user material, you represent and warrant that you own or otherwise control the rights to your user material. You agree to indemnify Hika and its affiliates for all claims arising out of or in connection with any claim of rights to any user materials or any damages arising out of any user materials.
Hika reserves the right, but has no obligation, to review user material submitted by you or other users. We are not responsible for the content of user materials provided by you or any other user. We do not endorse user materials. We make no warranties or representations, express or implied, regarding the user material, including as to its legality or accuracy. You, and not Hika, are solely responsible for all user materials that you make available through the products. We reserve the right, in our sole discretion, to refuse to post, to remove or edit any user materials, or to restrict, suspend or terminate your access to any or all of the products, including, but not limited to , where the user material fails to conform to the requirements of this Section 11, with or without notice.
Each time you submit user material to us, you represent and warrant to us that:
ARTICLE 12: Subscriptions
You may purchase a subscription within the applications in accordance with the functionality of such products.
Please note that all subscriptions purchased through the Apple App Store, Google Play Store, or otherwise through the functionality of our apps, are governed by the terms of that distribution channel and may be final, and we will not provide refunds for these subscriptions.
Your order from the Apple App Store will be subject to Apple's then-current payment policy, which may not provide for refunds. Your order on the Google Play Store will be subject to Google's applicable payment policies, which may also not provide for refunds.
You agree to immediately notify us and the applicable distribution channel of any change in billing address or other payment information. Your payment method agreement governs your use of the designated payment method, and you should refer to that agreement to determine your rights and responsibilities under it.
Subscription fees are billed at the start of the initial term and are subject to automatic renewal. By providing your Payment Method to the App Store, you acknowledge and agree that the App Store is authorized to charge your payment method for all fees due and payable in respect of your member account, including:
Any termination during the subscription will not give rise to reimbursement of the sums which remain acquired by Hika.