General conditions of use

These General Terms and Conditions of Use (hereinafter referred to as the "Terms and Conditions") describe the terms and conditions under which the company MYSE provides a service of selecting artworks and creating a personalized catalogue during museum visits (hereinafter referred to as the "Service") to a user (hereinafter referred to as the "User") through a mobile application called MYSE (hereinafter referred to as the "Mobile Application").

In this context, it is specified that these Terms and Conditions of the Mobile Application are intended to govern the relationship between the User and MYSE.

Access to this Service is subject to compliance with these Terms and Conditions.

The User wishing to access the Mobile Application must have previously read these Terms and Conditions, which he accepts and undertakes to comply with without reservation.

1. DEFINITIONS

Terms and Conditions: refers to these terms and conditions of access and use of the Mobile Application and the Service.

Mobile Application: refers to the technical device developed and published by MYSE, named MYSE, allowing access to the Service and can be downloaded by the User on their mobile device after accepting these Terms and Conditions. The Mobile Application is available on smartphones with Android and iOS operating systems.

Service: refers to all services described on Google Play and Appstore offered by MYSE to the User.

User: refers to the adult individual who owns a mobile device on which the Mobile Application is downloaded for accessing the Service.

The publisher: refers to the company that publishes the mobile application MYSE.

2. LEGAL MENTIONS 

The mobile application MYSE is developed and published by the company MYSE SAS, with a share capital of €1120, having its registered office at 14 rue Visconti 75006 Paris. For any correspondence, MYSE can be contacted at the following email address contact@myse.museum The hosting of the Service is provided by the company Eda, with its registered office at Grande Roulière 79150 Voulmentin, France.

3. ACCESS TO THE MOBILE APPLICATION AND USE OF THE SERVICE

The publisher reserves the right to refuse access to the Mobile services or to interrupt them, unilaterally and without prior notice, to any User who does not comply with these Terms and Conditions or the applicable regulations. The publisher makes every reasonable effort to ensure quality access to the Mobile Application. However, it is specified that it is not obliged to achieve any specific result. Consequently, the User acknowledges that the publisher cannot be held responsible for any detrimental consequences suffered by the User due to unavailability, suspension, or interruption of the Mobile Application. Furthermore, the publisher cannot be held liable for any network or server malfunctions or any other events beyond its reasonable control that would prevent or degrade access to the Mobile Application. The publisher reserves the right to interrupt, temporarily suspend, or modify access to all or part of the Mobile Application without notice, in order to carry out maintenance or for any other reason, without this interruption giving rise to any obligation or compensation to the User.

4. GENERAL DESCRIPTION OF THE SERVICE

The Service consists of providing the user with functionalities that allow them to scan the descriptions of artworks displayed in a museum, select these artworks, and create a personalized catalogue with their chosen artworks during their visit to the museum. The user can enhance the personalization of their catalogue by taking a photo and adding a text, limited to 40 characters, which will be displayed on the cover of the catalogue. After digitally creating their catalogue, the user will have the option to either edit it in PDF format, print it directly at the museum shop, or have it delivered to their home. They will need to provide their contact information to allow for the printing and delivery of their catalogue. The pricing of these offers is automatically displayed before proceeding to payment at the museum shop. Once the printing method is selected, a barcode will be displayed, which will be presented at the checkout of the museum shop to pay for the purchase. The user will then receive their catalogue in their chosen format (PDF, immediate printing, or home delivery).

Liability The Parties acknowledge that by accepting the General Terms and Conditions of Use of the Mobile Application, the user acknowledges that he/she will use the Service at his/her sole and entire responsibility, particularly with regard to the information he/she would transmit to others. It is expressly agreed that the Publisher cannot be held responsible for transmission delays or any other technical incident arising from the user's mobile operator or internet network.

5. SERVICE ACCESS CONDITIONS

The use of the service requires: • owning compatible equipment (a mobile device); • a phone subscription allowing access to the internet; • a mobile phone compatible with the mobile application: Android and iOS smartphone; • a Wi-Fi or 3G, 4G or 5G connection on the phone; • the Mobile Application allowing access to the service must be downloaded by the user to his/her mobile device.

6. INTELLECTUAL PROPERTY

All pages, scripts, and icons present on the mobile application are the exclusive property of the Publisher and are subject to authorization for use. No element may be copied, reproduced, modified, reissued, uploaded, distorted, transmitted or distributed in any way, in whole or in part, without the prior written authorization of the Publisher.

Any total or partial representation of the Mobile Application by any means whatsoever, without the express authorization of the Publisher, is prohibited and would constitute an infringement liable to civil and criminal liability.

7. USER OBLIGATIONS

The User acknowledges having the competence and means necessary to access the Service. He/she declares in particular having verified that the computer configuration of the internet connection used does not contain any viruses or that it is in perfect working order. The Publisher will in no case be responsible for the malfunctioning of the latter. The User undertakes, in using the Service and the mobile platform, not to engage in any acts, of any nature whatsoever, that would contravene UK law or that would infringe the UK public order or the rights of a third party. The User acknowledges that he/she uses the Service under his/her sole and exclusive responsibility, particularly with regard to the information he/she transmits through the Service.

8. RESPONSIBILITY OF MYSE

The User accepts and acknowledges that the Publisher is bound by an obligation of means and cannot in any case be held responsible for any loss, damage or indirect damage of any kind resulting from the management, use, operation, interruption or malfunction of the Service and/or the Mobile platform. The Publisher is not involved in any dispute that may arise between the user and his/her mobile operator.

9. FORCE MAJEURE 

The Publisher cannot be held responsible, or considered as having failed to fulfill these GCU, for any suspension of the Service as long as this suspension is related to a case of force majeure as defined by UK case law, including the interruption, suspension, reduction or disturbances of electricity or other or any interruptions of telecommunications networks. The User is aware that the suppliers of the materials, software, and telecommunications infrastructure used in these areas in no way offer an absolute guarantee of proper functioning of their services. As a user of technologies or infrastructures developed and provided by third parties, the Publisher cannot guarantee that its Service will be completely uninterrupted and without delay, especially during a "bug" or product updates. The Publisher reserves the right to modify the content of its Service, without distorting it, at any time and without prior notice. The Publisher also reserves the right to temporarily make the access to its Web Service unavailable for maintenance or updating procedures.

10. PERSONAL DATA

The Application is made available by the Publisher in compliance with the regulations concerning the protection of personal data currently in force, in particular The Data Protection Act 2018 (The UK’s implementation of the General Data Protection Regulation (GDPR)).

According to these laws, the User has the right to:

• be informed about how his data is being used

• access personal data

• have incorrect data updated

• have data erased

• stop or restrict the processing of his data

• data portability (allowing to get and reuse his data for different services)

• object to how his data is processed in certain circumstances

The user may exercise their right to request access to the Data, rectification or erasure of the Data, Data portability to a Third Party, restriction of processing, their right not to be subject to automated individual decision-making (including profiling), as well as the right to object to the Processing by making a request by email to the following address: Contact@myse.museum, and SAV Myse 14 rue Visconti 75006 Paris, France. Any request must be clear, precise and justified and accompanied by a copy of an identification document and made in accordance with applicable legal framework.

The Data Subjects may file a complaint with the Information Commissioner’s Office


ICO - Wycliffe House Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
Textphone: 01625 545860
https://ico.org.uk/make-a-complaint/data-protection-complaints/data-protection-complaints/

The concerned user is informed that in the event of opposition to the Processing or if they provide erroneous or fanciful Data, services related to the collection of Data cannot be provided, and the Data Controller cannot be held liable in any way for this.

When the Data Subjects directly exercise their rights with MYSE, MYSE addresses these requests by email to the Client upon receipt.

MYSE also undertakes to respond to the Client's requests for information as soon as possible, in order to allow the Client to respond to requests from Data Subjects regarding the exercise of their rights.

11. GOOD FAITH 

The parties agree to fulfill their obligations in good faith.

12. LEGAL AUTHORIZATIONS 

The parties undertake to have all the necessary legal and administrative authorizations for the execution of these terms.

13. EFFECTIVE DATE – DURATION

 These terms and conditions will come into effect upon acceptance by the User and are concluded for an indefinite period, unless terminated by the Publisher in accordance with the "Resolution - Termination" article.

14. TOLERANCES 

The parties mutually agree that the fact that one party tolerates a situation does not grant any rights to the other party. Furthermore, such tolerance cannot be interpreted as a waiver of the rights in question.

15. RESOLUTION - TERMINATION 

In the event of a breach by the User of these terms and conditions or in the event of inactivity on the account for a full year, the Publisher may automatically terminate these terms and conditions. The termination of these terms and conditions by the Publisher will result in immediate deletion of the User's access to the Service. This deletion in the event of a breach of the User's obligations does not entitle them to any compensation.

16. MODIFICATIONS AND APPLICABLE LAW 

These terms and conditions are governed by UK law and the English language. They may be amended by the Publisher at any time, particularly in the event of technical, legal or case law developments, or when new services are implemented. In the event of a modification to their content, the User agrees to accept the new terms and conditions. Otherwise, they are informed that they will no longer be able to benefit from the Service and access the Mobile platform. In the event of disputes or claims arising from the use of the Service by the User, the Publisher or a third party, the terms and conditions that will be legally binding between the parties are those in effect on the date of the dispute or claim. In the absence of an amicable solution, any dispute arising between the parties concerning the formation, execution or interpretation of the terms and conditions shall be under the exclusive jurisdiction of the court located within the jurisdiction of Myse's registered office.