Language of reference. This document is a translation provided for convenience. The binding version is the French one — Conditions générales d'utilisation. In the event of any discrepancy between the two versions, the French version prevails.
1. Purpose and definitions
These terms govern the use of the CapPilote service, a digital signage management application published by VisualCom, a company established in Nouméa, New Caledonia.
- Service: the CapPilote application and the servers that operate it.
- CapDisplay: the playback software installed on the Client's display devices.
- Workspace: the partitioned environment allocated to the Client, holding its content, its display devices and its accounts.
- Display device: a screen, kiosk or panel running CapDisplay and consuming a licence.
- Administrator: the Client account authorised to create, modify and delete other accounts within its Workspace.
- Content: any item published or intended for publication — images, videos, text, web pages, data.
Use of the Service constitutes full and unreserved acceptance of these terms.
2. Accounts and access
Access to the Service requires a named account. The Client is responsible for the confidentiality of the credentials of all accounts within its Workspace, and for any action carried out by means of them.
The Administrator creates, modifies and deletes the accounts of its Workspace. It is for the Administrator to grant only the access that is necessary, to withdraw it without delay once it is no longer justified, and to inform the individuals concerned of the processing of their data (see the Privacy Policy).
VisualCom may suspend an account presenting a demonstrated security risk, having informed the Client where circumstances allow.
3. Published content — Client's responsibility
The Client is solely responsible for the Content it publishes by means of the Service, for its lawfulness, its accuracy and its suitability for the audiences exposed to it.
The Client warrants that it holds all rights necessary for such publication, including copyright, neighbouring rights, trade mark rights and image rights of the persons depicted, as well as compliance with the regulations applicable to advertising and consumer information.
VisualCom acts as a technical provider and exercises no editorial control over the Content. It does not select it, does not modify it, and verifies neither its lawfulness nor its accuracy.
Indemnity. The Client shall indemnify VisualCom against any third-party claim, action or award arising from Content published from its Workspace, and shall bear the corresponding defence costs.
VisualCom reserves the right to suspend the publication of Content that is manifestly unlawful and brought to its attention, without that right entailing any general monitoring obligation.
4. Availability of the Service
VisualCom is bound by an obligation of means (best efforts) as regards the availability and proper operation of the Service. It warrants neither uninterrupted availability nor the absence of defects.
The Service may be suspended for maintenance, upgrades or security. VisualCom endeavours to keep such periods short and, where the work is planned and significant, to inform the Client.
VisualCom is not liable for interruptions attributable in particular to: the network or Internet access of the Client's site, its power supply, the display hardware, the embedded operating systems and browsers, third-party services on which certain content depends, or any event of force majeure.
5. Display and scheduling
The Service allows Content to be scheduled according to time rules defined by the Client. This scheduling is provided without any warranty of result.
The Client acknowledges that actual display depends on factors beyond VisualCom's control, in particular the connectivity of the display device, its clock and time zone, its playback capability, the availability of third-party content, and synchronisation delays.
Accordingly, VisualCom cannot be held liable for a display that does not meet the Client's expectations, for content shown at an unintended time, for content failing to appear, for outdated content, or for any scheduling malfunction.
It is for the Client to check what is actually being shown on its display devices, in particular where the Content is addressed to the public or is of a sensitive, regulated or price-related nature.
6. Limitation of liability
VisualCom may only be held liable in the event of proven fault, and solely for direct and foreseeable damage.
Indirect damage is excluded, in particular: loss of operations, loss of revenue, loss of customers, harm to image or reputation, loss of data or content, and commercial loss.
In any event, and save in the case of gross negligence or wilful misconduct, the total compensation payable by VisualCom in respect of any one contractual year is capped at the amounts actually paid by the Client during the twelve months preceding the triggering event.
The provisions of this article do not apply to personal injury, nor to cases where the law prohibits such a limitation.
7. Client's obligations
- To use the Service in accordance with applicable regulations and with these terms.
- Not to attempt to access a Workspace other than its own, nor to circumvent the technical measures of partitioning, licensing or security.
- Not to publish Content that is unlawful, infringes third-party rights, or is liable to disturb public order.
- To keep its display devices in a satisfactory state of operation and security, and to apply the updates offered.
- To report without delay any unauthorised use of its access credentials.
8. Display device licences
Each display device consumes one licence. In the absence of a valid licence, the display device continues to show the last content received but stops receiving the Client's updates until the situation is regularised. This mechanism entails neither deletion nor alteration of the Content already present.
The financial terms are set out in the Terms of Sale (available in French only).
9. Intellectual property
The Service, its software components, its trade marks and its graphic elements remain the exclusive property of VisualCom or its licensors. These terms entail no assignment of rights, but merely a personal, non-exclusive and non-transferable right of use for the duration of the subscription.
The Client's Content remains its property. VisualCom acquires no rights in it, other than those strictly necessary to perform the Service (storage, technical reproduction, transmission to the display devices).
10. Personal data
The processing of personal data is described in the Privacy Policy, which forms an integral part of these terms and sets out the allocation of roles between the Client, as controller, and VisualCom, as processor.
11. Term, suspension and termination
These terms apply throughout the period of use of the Service.
VisualCom may suspend access in the event of a serious breach of these terms, of non-payment, or of use liable to compromise the security or availability of the Service for other clients, following a formal notice that has remained without effect for fifteen days, save in cases of urgency.
At the end of the contractual relationship, the Client has thirty days to retrieve its Content. After that period, it may be deleted.
12. Amendments to these terms
VisualCom may amend these terms. Any substantial amendment is brought to the Client's attention at least thirty days before it takes effect. Continued use of the Service beyond that date constitutes acceptance.
13. Governing law and jurisdiction
These terms are governed by the law applicable in New Caledonia.
Failing an amicable settlement, any dispute falls within the jurisdiction of the courts of Nouméa, subject to the mandatory rules of jurisdiction applicable to consumers.
14. Contact
VisualCom — Nouméa, New Caledonia — support@visualcom.nc