DIGITAL KEY LEGAL NOTICE – TERMS OF USE
Date last updated: [19/01/2022]
1. Legal Notice
2. Terms of Use (“ToU”)
2.1. Scope and purpose
2.2. Intellectual Property
2.3. Links to the Accor Key Application – Links to third-party sites
2.4. Liability
2.5. Personal data
2.6. Miscellaneous
2.7. Governing law – Complaints and Disputes
Accor SA
Head office
82, rue Henri Farman
CS 20077
92445 ISSY-LES-MOULINEAUX
FRANCE
Tel: +33 (0)1 45 38 86 00
(hereinafter “Accor”).
Accor can be contacted by postal mail at the above address.
The Digital Key Service’s publication director is: Sebastien Bazin, CEO.
The Digital Key Service is hosted by Amazon Web Services EMEA SARL, 38 avenue John F Kennedy, L-1855, Luxembourg, R.C.S. LUXEMBOURG: B186284.
1. Legal Notice
2. Terms of Use (“ToU”)
2.1. Scope and purpose
2.2. Intellectual Property
2.3. Links to the Accor Key Application – Links to third-party sites
2.4. Liability
2.5. Personal data
2.6. Miscellaneous
2.7. Governing law – Complaints and Disputes
1.Legal Notice
The pages of the ALL – Accor Live Limitless application related to the Digital Key service (hereinafter the “Digital Key Service”) are published by Accor, French limited liability company with a share capital of EUR 785,568,804 , Trade and Companies Registry no. RCS NANTERRE B 602 036 444, Intracommunity VAT no. FR 93 602 036 444, having its registered office at:Accor SA
Head office
82, rue Henri Farman
CS 20077
92445 ISSY-LES-MOULINEAUX
FRANCE
Tel: +33 (0)1 45 38 86 00
(hereinafter “Accor”).
Accor can be contacted by postal mail at the above address.
The Digital Key Service’s publication director is: Sebastien Bazin, CEO.
The Digital Key Service is hosted by Amazon Web Services EMEA SARL, 38 avenue John F Kennedy, L-1855, Luxembourg, R.C.S. LUXEMBOURG: B186284.
2.Terms of Use (“ToU”)
2.1. Scope and purpose
Access to and use of this Digital Key Service is governed by these ToU, which define the terms and conditions of use of the Digital Key Service and the relations between Accor and any person who accesses or browses the Digital Key Service (the “User”). These ToU are available and can be viewed at any time on the ALL-Accor Live Limitless application and at the time of accessing the Digital Key Service. The User can also print or download these ToU.
The Digital Key Service provides to the Users with a keyless door entry solution. On arrival at their destination, Accor’s guests will receive their room key virtually. Users will then be given access to rooms, entry to meeting rooms and floor access via lifts using their smartphone. Once departing the hotel, the digital key will automatically be deactivated.
Accor will make reasonable efforts to ensure that the information and content on the Digital Key Service is accurate and up to date but reserves the right to correct and/or modify all or part of the Digital Key Service and/or the ToU at any time and without notice. Any such changes to the ToU shall take effect on the date posted on the Digital Key Service and the User’s use of this Digital Key Service after such changes have been posted will mean that the User accepts and agrees to all such changes.
The applicable ToU are those in effect on the date of browsing the Digital Key Service. Accordingly, if the User views or browses the Digital Key Service, the User will be deemed to have read and accepted the ToU in effect and to have agreed to abide by them. If the User do not accept these ToU or any part of them, he/she shall not use or browse the Digital Key Service.
The Digital Key Service provides to the Users with a keyless door entry solution. On arrival at their destination, Accor’s guests will receive their room key virtually. Users will then be given access to rooms, entry to meeting rooms and floor access via lifts using their smartphone. Once departing the hotel, the digital key will automatically be deactivated.
Accor will make reasonable efforts to ensure that the information and content on the Digital Key Service is accurate and up to date but reserves the right to correct and/or modify all or part of the Digital Key Service and/or the ToU at any time and without notice. Any such changes to the ToU shall take effect on the date posted on the Digital Key Service and the User’s use of this Digital Key Service after such changes have been posted will mean that the User accepts and agrees to all such changes.
The applicable ToU are those in effect on the date of browsing the Digital Key Service. Accordingly, if the User views or browses the Digital Key Service, the User will be deemed to have read and accepted the ToU in effect and to have agreed to abide by them. If the User do not accept these ToU or any part of them, he/she shall not use or browse the Digital Key Service.
2.2. Intellectual Property
The Accor brand, and all trademarks, whether figurative or not, and in general, any other distinctive signs featured on the Digital Key Service, whether registered or not (the “Trademarks”) are and shall remain the exclusive property of Accor or are under license to Accor. No right or license is granted to the User in respect of the Trademarks.
The Digital Key Service and all graphics, texts, visuals, and photographs featured therein, including any illustrations, images, designs, pictures, characters, written materials, décors, presentation methods, data access methods, databases or other organization of data, graphic or other components of the Digital Key Service (hereinafter the “Content”) are and shall remain the exclusive property of Accor or are under license to Accor and are protected by intellectual property rights. No right or license is granted to the User in respect of the Content.
Under no circumstances whatsoever may the Trademarks, the Digital Key Service and/or the Content be modified, reproduced, performed, transmitted, distributed, displayed, sold, or incorporated into a derivative or other work, in whole or in part, in any medium whatsoever. More generally, the Trademarks, the Digital Key Service and its Content are provided for the User’s personal and private, non-commercial use. Any use of all or part of the Trademarks, the Digital Key Service and/or the Content, in particular by downloading, reproduction, transmission, performance or display for any purposes other than those contemplated in these ToU is strictly prohibited.
Subject to compliance with these ToU, Accor grants Users a personal, non-exclusive and non-transferrable right to access and use the Digital Key Service, the Content and/or the Trademarks solely and exclusively for Users’ personal and private, non-commercial use. Accordingly, it is strictly prohibited to:
The Digital Key Service and all graphics, texts, visuals, and photographs featured therein, including any illustrations, images, designs, pictures, characters, written materials, décors, presentation methods, data access methods, databases or other organization of data, graphic or other components of the Digital Key Service (hereinafter the “Content”) are and shall remain the exclusive property of Accor or are under license to Accor and are protected by intellectual property rights. No right or license is granted to the User in respect of the Content.
Under no circumstances whatsoever may the Trademarks, the Digital Key Service and/or the Content be modified, reproduced, performed, transmitted, distributed, displayed, sold, or incorporated into a derivative or other work, in whole or in part, in any medium whatsoever. More generally, the Trademarks, the Digital Key Service and its Content are provided for the User’s personal and private, non-commercial use. Any use of all or part of the Trademarks, the Digital Key Service and/or the Content, in particular by downloading, reproduction, transmission, performance or display for any purposes other than those contemplated in these ToU is strictly prohibited.
Subject to compliance with these ToU, Accor grants Users a personal, non-exclusive and non-transferrable right to access and use the Digital Key Service, the Content and/or the Trademarks solely and exclusively for Users’ personal and private, non-commercial use. Accordingly, it is strictly prohibited to:
- copy, reproduce, perform/display, disseminate, distribute and/or publish, on a permanent or temporary basis, the Digital Key Service and/or the Content and/or the Trademarks, in whole or in part, by any means or process (including caching, framing, etc.) and on any medium currently known or unknown;
- create derivative works based on the Digital Key Service and/or the Content and/or the Trademarks;
- modify, translate, adapt or arrange, in whole or in part, the Digital Key Service and/or the Content and/or the Trademarks;
- disassemble, decompile or reverse engineer the Digital Key Service and/or the Content;
- distribute, transmit, retransmit, broadcast, sell, rent, license or operate, in any way whatsoever, the Digital Key Service and/or the Content and/or the Trademarks, in whole or in part.
2.3. Links to the Digital Key Service – Links to third-party sites
Accor reserves the right to request the deletion of any link to the Digital Key Service that was not, or is no longer, authorized and to claim damages on the basis of the harm thereby sustained.
Sites containing a hypertext link to the Digital Key Service or to any one of its components may not all be under the control of Accor, which accordingly disclaims any and all liability (specifically editorial) in connection with access to and the content of such sites.
The Digital Key Service may contain links to other websites or external sources (“Third-Party Sites”). To the extent that Accor has no control over such Third-Party Sites or their content, Accor can provide no assurances concerning their availability or content, and disclaims any and all liability in connection with the content, ads, products, services or other materials available on or from such Third-Party Sites. By providing links to such Third-Party Sites, Accor does not approve, endorse, or make any representation concerning the content of such Third-Party Sites, nor does any such link indicate any association between Accor and the owners and/or authors, designers, managers, administrators or hosts of such Third-Party Sites. These links are provided for information purposes only and you acknowledge that you are solely responsible for any decision by you to activate the links to such Third-Party Sites. Accor also disclaims any and all liability for any actual or alleged damages or losses arising out of or in connection with your use, or reliance on the content, goods or services available on such Third-Party Sites.
Sites containing a hypertext link to the Digital Key Service or to any one of its components may not all be under the control of Accor, which accordingly disclaims any and all liability (specifically editorial) in connection with access to and the content of such sites.
The Digital Key Service may contain links to other websites or external sources (“Third-Party Sites”). To the extent that Accor has no control over such Third-Party Sites or their content, Accor can provide no assurances concerning their availability or content, and disclaims any and all liability in connection with the content, ads, products, services or other materials available on or from such Third-Party Sites. By providing links to such Third-Party Sites, Accor does not approve, endorse, or make any representation concerning the content of such Third-Party Sites, nor does any such link indicate any association between Accor and the owners and/or authors, designers, managers, administrators or hosts of such Third-Party Sites. These links are provided for information purposes only and you acknowledge that you are solely responsible for any decision by you to activate the links to such Third-Party Sites. Accor also disclaims any and all liability for any actual or alleged damages or losses arising out of or in connection with your use, or reliance on the content, goods or services available on such Third-Party Sites.
2.4. Liability
The Digital Key Service and its Content are provided “as is” subject to availability. The User is solely responsible and liable for its use of the Digital Key Service and the Content, and in particular for complying with its obligations under these ToU.
Accor does not warrant uninterrupted availability of the Digital Key Service or its Content, or that the Digital Key Service or its Content will be error-free. The Digital Key Service is normally available 24 hours a day, 7 days a week, subject to events of force majeure, the availability of the internet and/or suspensions of the Digital Key Service due to technical reasons in connection with updates to the Digital Key Service, Digital Key Service maintenance or any other technical cause. Accor is under a duty of reasonable care in providing access to the Digital Key Service under the conditions set forth in these ToU, and in attempting to remedy any malfunction, suspension or interruption of the Digital Key Service that is brought to its knowledge. The User acknowledges and accepts that Accor may be required to temporarily or permanently suspend access to the Digital Key Service without notice, in particular for technical and/or maintenance reasons, irrespective of their cause or origin, without this entailing any liability whatsoever for Accor.
It is further specified that the internet and the information and telecommunication systems used to access and use the Digital Key Service are not error-free or bug-free and that interruptions and failures may occur from time to time. Accor disclaims any and all liability for any inconvenience, loss or damage in connection with the use of the internet, in particular but without restriction, poor transmission and/or receipt of any data and/or information over the internet, the failure of any receiving equipment or lines of communication, any malfunction of the internet preventing the proper operation of the Digital Key Service and, more generally, any loss or damage arising out of the use of the Digital Key Service, the internet and information and telecommunication systems. Neither Accor nor its directors or employees shall be liable for any loss or damage, howsoever caused, arising out of a use of the Digital Key Service, for which the User is solely responsible. It is up to Users to take all appropriate measures to ensure the security of their equipment, data, software or other property, in particular against infection by any virus and/or attempted intrusion of which they might be the victims.
Accor does not warrant uninterrupted availability of the Digital Key Service or its Content, or that the Digital Key Service or its Content will be error-free. The Digital Key Service is normally available 24 hours a day, 7 days a week, subject to events of force majeure, the availability of the internet and/or suspensions of the Digital Key Service due to technical reasons in connection with updates to the Digital Key Service, Digital Key Service maintenance or any other technical cause. Accor is under a duty of reasonable care in providing access to the Digital Key Service under the conditions set forth in these ToU, and in attempting to remedy any malfunction, suspension or interruption of the Digital Key Service that is brought to its knowledge. The User acknowledges and accepts that Accor may be required to temporarily or permanently suspend access to the Digital Key Service without notice, in particular for technical and/or maintenance reasons, irrespective of their cause or origin, without this entailing any liability whatsoever for Accor.
It is further specified that the internet and the information and telecommunication systems used to access and use the Digital Key Service are not error-free or bug-free and that interruptions and failures may occur from time to time. Accor disclaims any and all liability for any inconvenience, loss or damage in connection with the use of the internet, in particular but without restriction, poor transmission and/or receipt of any data and/or information over the internet, the failure of any receiving equipment or lines of communication, any malfunction of the internet preventing the proper operation of the Digital Key Service and, more generally, any loss or damage arising out of the use of the Digital Key Service, the internet and information and telecommunication systems. Neither Accor nor its directors or employees shall be liable for any loss or damage, howsoever caused, arising out of a use of the Digital Key Service, for which the User is solely responsible. It is up to Users to take all appropriate measures to ensure the security of their equipment, data, software or other property, in particular against infection by any virus and/or attempted intrusion of which they might be the victims.
2.5. Personal data
Users are informed that Accor processes personal data in order to assign a digital key to the Users to give them access to the room(s) and facilities inside the hotel(s) where they made a booking and which offer(s) a keyless door entry solution. In this regard, Users are invited to read the Data Protection Charter for the Digital Key Service available here Digital Key – Data Protection Charter.
2.6. Miscellaneous
If one or more provisions of these ToU is found invalid or unenforceable under any applicable law or regulation or by decision of a court of competent jurisdiction, it shall be severed, but without this affecting the validity or the enforceability of the remaining provisions.
No failure by Accor at any time to enforce its rights in connection with any provision of these ToU shall operate or be construed as a waiver of such provision or of the right to subsequently enforce that provision and/or of its remedies for such breach.
No failure by Accor at any time to enforce its rights in connection with any provision of these ToU shall operate or be construed as a waiver of such provision or of the right to subsequently enforce that provision and/or of its remedies for such breach.
2.7. Governing law – Complaints and Disputes
These ToU are governed by, and shall be construed in accordance with, the laws of France.
In case of any complaint or dispute arising out of or in connection with the application, interpretation or performance of these ToU, the parties shall endeavor to find an amicable solution. Failing amicable resolution of the controversy within a period of two (2) months from receipt by Accor of a written notice of dispute sent to it as indicated above, either party may bring it before the French courts of competent jurisdiction, it being specified that that the User may pursue any alternative dispute resolution method and in particular mediation via the European online dispute resolution platform at: http://ec.europa.eu/odr, which will attempt to amicably resolve it.
In case of any complaint or dispute arising out of or in connection with the application, interpretation or performance of these ToU, the parties shall endeavor to find an amicable solution. Failing amicable resolution of the controversy within a period of two (2) months from receipt by Accor of a written notice of dispute sent to it as indicated above, either party may bring it before the French courts of competent jurisdiction, it being specified that that the User may pursue any alternative dispute resolution method and in particular mediation via the European online dispute resolution platform at: http://ec.europa.eu/odr, which will attempt to amicably resolve it.