LUCKYSIT Terms of Use

Effective as of 23/05/2024

These terms of use (the “Terms”) are intended to detail the terms and conditions of the provision of the Luckysit web platform (the “Platform”) accessible in particular during the events proposed by LUCKYSIT to the participants of a cultural or sporting event organized by a third party.

It is important that you read these Terms carefully before using the Platform. These Terms are accessible on the Platform within the “Terms” tab.

Any use of the Platform implies the acceptance without any reserve or restriction of these Terms by the user who accesses it (the “User”). The User agrees to comply with the terms of these Terms, which constitute a contract between the User and LUCKYSIT. In case of non-acceptance of the Terms stipulated in this contract, the User must refrain from accessing the Platform.

LUCKYSIT reserves the right to unilaterally modify and at any time the content of these Terms, the latest version in force being the one available and accessible from the Platform.

Legal notices

The Platform is published by the company LUCKYSIT, a simplified joint-stock company with a share capital of 50,000 euros, registered in the Lyon Trade and Companies Register under number 912 645 017, and whose head office is located at 24 rue Laure Siebold 69009 Lyon (hereinafter “LUCKYSIT”).

Telephone number: 07 87 94 01 54 – Email address: contact@luckysit.com.

The director of the publication is Mr. Valéry Geoffroy.

The host of the Platform is the company Amazon Web Services EMEA SARL, whose head office is located at 38 avenue John F. Kennedy L 1855, Luxembourg (Luxembourg).

Platform access conditions

The Platform is accessible online via the provisional link (url) communicated by LUCKYSIT to the User during the cultural or sporting event in which the User is participating (via for example the QR Code provided on the User’s seat) and during which LUCKYSIT offers specific animations (contests, lotteries, etc.).

In order to access the Platform, the User must be at least fifteen (15) years old.

Access to the Platform is offered free of charge. The costs of subscription to the Internet network provider and the possible additional costs associated with the loading of data, as well as the fees related to the operation of the terminal used to access and/or use the Platform remain the exclusive responsibility of the User.

Services
The Platform offers the following services:
– Participation in the commercial events organized by LUCKYSIT during cultural or sporting events in which the User is participating,
– Access to promotional advantages (gift vouchers, discount vouchers, promotions, etc.) offered by LUCKYSIT or its partners,

The User acknowledges and accepts that the Platform is likely to evolve and that as a result, the services offered on it may be adapted accordingly.

User’s obligations

In general, the User agrees to use the Platform in compliance with the rights and obligations defined in the Terms.

In particular, the User agrees to:
– Access the Platform exclusively to access the services and animations offered by LUCKYSIT, within the framework of his/her personal use,
– Not to reproduce permanently or temporarily the Platform, in whole or in part, by any means and in any form,
– Not to use software or processes intended to copy the content of the Platform,
– Not to proceed with any adaptation, modification, translation, transcription, arrangement, compilation, decompilation, assembly, disassembly, transcoding, nor to apply reverse engineering to all or part of the Platform,
– Not to export the Platform, merge all or part of the Platform with other computer programs,
– Not to extract or reuse, including for private purposes, without the prior written authorization of LUCKYSIT, a substantial or non-substantial part of the content of the databases and archives included in the Platform,
– Not to upload viruses or potentially dangerous files for the integrity of the Platform and not to upload illegal or fraudulent data on the Platform.
– Not to sell, rent, sublicense or distribute in any way the Platform and its content to third parties,
– Not to use the Platform for fraudulent or unforeseen purposes by these Terms, and in particular for the purpose of circumventing the regulations of the commercial events (contests, lotteries) organized by LUCKYSIT and/or obtaining undue advantages (promotional codes, gift vouchers, etc.),
– Not to attempt to participate in the commercial events organized by LUCKYSIT during cultural or sporting events in which the User is not participating and/or does not have a valid ticket.

Personal data

LUCKYSIT implements processing operations on the personal data of Users who access the Platform, in the conditions set out in the Luckysit Privacy Policy accessible at the following link. LUCKYSIT undertakes to implement these processing operations in compliance with the applicable regulations on the protection of personal data, and in particular the European Regulation on the protection of personal data (GDPR) of April 27, 2016 and the French Data Protection Act (Loi Informatique et Libertés) n°78-17 of January 6, 1978.

Users are reminded that they have the right to exercise their rights of access, rectification, portability or deletion of their personal data, as well as the rights of information, opposition, limitation of processing, in the conditions set out in the Luckysit Privacy Policy.

Intellectual property

All intellectual property rights relating to the Platform, as well as all the elements that compose it (software, trademarks, copyrights, etc.) are the full and entire property of LUCKYSIT and/or its affiliated companies.

All intellectual property rights attached to the trademarks, logos, information and content of third-party partners reproduced on the Platform remain the full and entire property of these third-party partners.

The User agrees not to infringe upon these rights, and in particular not to provide third parties who are not authorized with access to the Platform, directly or indirectly, for any purpose, in any form and for any reason whatsoever.

Any representation or reproduction, in whole or in part, of the Platform and/or the content featured on it, by any process whatsoever, without the express authorization of LUCKYSIT or the third-party holder of the intellectual property rights, constitutes an act of counterfeiting that may give rise to criminal and/or civil proceedings against the User.

Guarantees – Liability

LUCKYSIT ensures the availability and continuity of the Platform, which is however provided “as is” and “as available”, without any guarantee of any kind.

In particular, LUCKYSIT excludes any guarantee as to the availability, quality and continuity of the telecommunications links or networks between the User and LUCKYSIT which are necessary for the provision of the services offered via the Platform.

In this regard, the User declares that he/she is aware of and accepts the characteristics and limits of the Internet and private networks for which the responsibility of LUCKYSIT cannot be engaged and in particular:
– The functional and technical performance characteristics of the Internet,
– Problems related to the availability and congestion of the networks,
– Problems related to the transit time, access to the online information, response times to display, consult, query or otherwise transfer data,
– The risks of interruption,
– The lack of protection of certain data against possible misappropriation or hacking,
– The risks of contamination by possible viruses circulating on the aforementioned networks, etc.

LUCKYSIT undertakes to provide its best efforts, within the framework of an obligation of means, to ensure the accessibility, operation and availability of the Platform.

The Platform is in principle accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond the control of LUCKYSIT which could prevent the operation of the Platform, and subject to possible breakdowns and maintenance interventions necessary for the proper operation of the Platform. The maintenance interventions may be carried out without the Users having been previously informed.

The User also acknowledges that certain functionalities or certain content of the Platform are likely to be accessible only for a limited period of time, and in particular only during the duration of the cultural or sporting event to which these content and functionalities relate.

LUCKYSIT reserves the right to interrupt, suspend or limit access to all or part of the Platform, in particular for technical or legal reasons.

LUCKYSIT cannot be held liable:
– In case of default, loss, delay or error in the transmission of data that are independent of its will,
– For sending, on the basis of the information communicated by the User, messages and/or data to a false, erroneous or incomplete address,
– If data does not reach LUCKYSIT, for any reason whatsoever, or if the data received by LUCKYSIT is illegible or impossible to process,
– If the User is unable to access or use the Platform for any reason whatsoever, other than a fault on the part of LUCKYSIT.
– In case of interruptions in the availability of the Platform, the occurrence of bugs or errors in operation, as well as in case of direct or indirect damage, whatever their causes, origins, natures or consequences, caused by the access of anyone to the Platform or the inability to access it.

Any dispute by the User of the proper performance by LUCKYSIT of its contractual obligations must be motivated and the subject of a registered letter with acknowledgement of receipt. The User assumes sole responsibility for all acts or damaging consequences that may occur to third parties as a result of the User’s actions.

LUCKYSIT provides no guarantee and assumes no responsibility for third-party sites, applications and/or services accessible from hypertext links present on the Platform, which are published by third-party companies independent of LUCKYSIT and/or are not governed by these Terms.

Suspension – Blocking
In case of use of the Platform and/or the services offered on it in contravention of these Terms or the applicable regulations, LUCKYSIT reserves the right to suspend access to the Platform fifteen (15) days after the sending of a notification addressed to the User by any written or electronic means and remained without effect within this period, or immediately in case of violation likely to cause serious harm to LUCKYSIT, the Platform and/or the rights of third parties.
Without prejudice to the aforementioned suspension option, LUCKYSIT reserves the right to terminate and block access to the Platform in case of breach by the User of his/her obligations under the Terms, fifteen (15) days after the sending of a notification addressed to the User by any written or electronic means and remained without effect within this period.
In particular, the following must be considered as breaches leading to the termination of access to the Platform: breaches of the obligations provided for in the articles “Intellectual Property”, “User’s Obligations” and more generally any unfair use of the Platform and its services by the User under the Terms.
The blocking or suspension of access to the Platform is without prejudice to any damages that LUCKYSIT may be entitled to claim, as well as possible criminal proceedings when the behavior reproached to the User is likely to be qualified as a criminal offense.

General provisions

No act of tolerance on the part of either party towards the other party may be interpreted as a waiver of the right to avail itself of the entirety of the rights granted to it by these Terms.
If one or more provisions of these Terms are held to be invalid or declared as such pursuant to a law, a regulation or following a decision having the force of res judicata of a competent jurisdiction, the other provisions shall retain all their force and scope.
Each of the parties agrees, in case of dispute, to consider the e-mail and the exchanges via the Platform as an original written document constituting perfect proof, and waives to contest this means of proof, except to discuss its authenticity.

Applicable law and jurisdiction

These Terms, as well as all the operations they cover and more generally the relations between LUCKYSIT and the User, are subject to French law.

LUCKYSIT and the User agree to seek an amicable solution in order to resolve any dispute arising between them. In the absence of an amicable resolution, any dispute arising from the operations covered by these Terms shall be subject to the jurisdiction of the courts of common law.

Contact

For any question relating to the application of these Terms, you can contact LUCKYSIT at the coordinates communicated in Article 1 of the Terms or within the “Legal Notices” tab of the Platform.