Terms and conditions of use of the Luxembourg Pavilion Dubai 2020 mobile application

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These terms and conditions (hereinafter 'Ts&Cs') set out the rules for use of the Luxembourg Pavilion Dubai 2020 mobile application ('app').

The Luxembourg Pavilion Dubai 2020 app is operated by the Luxembourg Ministry for Digitalisation (hereinafter 'the Ministry') in collaboration with the company Gluk Media (located at Lithuania, Vilnius, Saulės 20-2 10310).

By installing and/or using this app on their mobile phone or tablet, users are deemed to have read and unreservedly accepted these Ts&Cs in their entirety. They agree to abide by these terms.

Article 1: Definitions

The term 'user' refers to any natural person, be they an adult or a minor (having obtained permission from their parents or person vested with parental authority), and any Luxembourg or foreign legal entity, who downloads the Luxembourg Pavilion Dubai 2020 application to a mobile phone or tablet.

The term 'application' (or 'app') refers to the software application Luxembourg Pavilion Dubai 2020, which can be downloaded from the Apple App Store and Google Play Store platforms for installation on compatible mobile phones and tablets.

Article 2: Purpose of the application

The free app allows users to virtually visit the Luxembourg Pavilion Dubai 2020. Its main purpose is to facilitate access and reduce physical barriers to everyone who is interested in the Luxembourg Pavilion Dubai 2020. In addition to the national Roadshow of the Ministry, which is traveling across Luxembourg's various regions from November 2021 to April 2022 offering a virtual reality visit of the Luxembourg Pavilion, this app guarantees decentralised access to all citizens who wish to live the unique experience of visiting the Luxembourg Pavilion from home.
The Ministry may, at any time and without notice to the user, alter or update the purpose of the app.

Article 3: Hardware needed to use the application

To access and use the app, the user must have:

  • a compatible multimedia device:
    • either a mobile phone with a camera and running the operating system iOS 10.0 or Android® 7.0 or later;
    • or a tablet with a camera running the operating system iOS 10.0 or Android® 7.0 or later;
  • a customer account on Apple App Store or Google Play Store platforms.

Article 4: Availability of the application

The Ministry shall employ every effort to ensure security in accessing, viewing and using the app's content and services.

In principle, it should be available 24/7, except for reasons of force majeure or the occurrence of an event beyond the Government's control, and during operations:

  • to carry out technical maintenance;
  • to implement updates;
  • to make technical improvements or change the content and/or presentation;
  • for any other reason deemed necessary.

Such operations may be carried out at any time, without prior notice to the user.

In the event that the app is unavailable or does not work properly, users are not entitled to any indemnification.

Article 5: Financial conditions

The app can be downloaded for free from the Apple App Store or the Google Play Store.

The user alone is responsible for the equipment and hardware necessary to access and use the app. Similarly, the user is responsible for any telecommunication costs incurred to access and use the app.

Article 6: Intellectual property of the application

The Ministry is the exclusive owner of all intellectual property rights pertaining to the structure and content of the app, unless expressly stated otherwise. Gluk Media is the developer and operator of the application.

These Ts&Cs do not entail the transfer of any intellectual property right to the user, with respect either to the structure or the content of the app and its services.

Users expressly undertake to refrain from using the app in such a way that may infringe the rights of the Ministry and, in particular, refrain from any such use that may constitute counterfeiting or parasitic use of information, or unfair competition.

None of the texts, graphics, icons, photographs, illustrations and, more generally, none of the elements making up the Luxembourg Pavilion Dubai 2020 app, may be represented, reproduced, exploited or extracted, either in part or in full, on any medium whatsoever, without the Ministry's written authorisation.

Article 7: Usage licence

The Government grants users a free licence to use the application, limited strictly to personal use. Users must therefore refrain from using the app for business purposes.

The term 'business purposes' includes, in particular:

  • any profit or commercial income resulting from the marketing of the app or any competitive use;
  • using the app with a commercial company and/or a third party if such a use leads to the marketing of the app.

The licence is non-exclusive, non-sublicensable, non-transferable, and may be revoked at any time.

Article 8: Limitation of liability

The Ministry cannot fully guarantee the accuracy or completeness of all information contained in the app, whether provided by the Government itself or by any other person

Similarly, the Ministry may not be held liable if access to the app is interrupted due to maintenance operations, updates or technical improvements, or for the purpose of making changes to the content and/or presentation.

In addition, the Ministry may temporarily or permanently suspend access to the app and to any connected services, without indemnification.

The Ministry accepts no liability for any direct or indirect damage occurring in connection with changes or modifications made to the app.

The Ministry is not responsible for the content of any websites to which hyperlinks in the app may direct the user.

The user alone is responsible for updating to the latest version of the app. The Ministry assumes no responsibility in this regard.

The Ministry may not be held liable if, for any reason, the app becomes inaccessible.

The Ministry may not be held liable for any omissions and/or errors the app may contain.

The Ministry may not be held liable for:

  • damage of any sort, whether direct or indirect, resulting from the use of or inability to use the app, and notably any operating, financial or commercial loss, or loss of programs and/or data in the app user's information system;
  • damage of any sort, whether direct or indirect, resulting from the content and/or use, or inability to use, websites linked to the app or which the user would usually be able to access through the app.

The Ministry accepts no liability whatsoever for any misuse of the mobile phone or tablet, or for any incident relating to the use of those devices when running the app. Under no circumstances may the Ministry be held liable for any damage whatsoever, caused to the user, their terminal, their computing or phone equipment and data stored thereon, or for the consequences of such damage for their personal, professional or commercial activities.

The user declares that they are fully aware of and accept the risks, limitations and problems of the mobile internet network and the app's operating system, for which the Government may not be held liable, and in particular, acknowledges that:

  • they use the app at their own risk;
  • the app is provided 'as is', subject to availability;
  • they are responsible for protecting their own data stored on their mobile phone or tablet and/or in their software, and for taking all appropriate measures to protect them from damage (malfunction, viruses, hacking, etc.);

Users undertake not to use the app for fraudulent purposes.

Users acknowledge that they and they alone, are responsible for any breach of their obligations under these Ts&Cs, and for the consequences of such a breach.

Article 9: Protection of data communicated by the user

The Apple App Store and Google Play Store platforms are likely to process the personal data disclosed directly or indirectly by the user when downloading the app.

Apple and Google are the data controllers for the user's personal data.

The Ministry is not the data controller for the user's personal data.

Apple and Google are both subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the law of 1 August 2018 setting up the National Commission for Data Protection and implementing the aforementioned Regulation (EU) 2016/679.

Hence, it is the user's responsibility to contact Google or Apple to exercise their rights to access, rectify or delete the data concerning them, and their rights to limit its processing, object to processing, withdraw their consent and the right to data portability.

Article 10: Changes to the general terms and conditions of use

The Ministry reserves the right to modify or supplement any or all of these Ts&Cs at any time, and without prior notice to the user, so that they reflect changes to services, or technical or legal changes, or any new services that may be introduced.

Thus, the Ministry advises all users to apprise themselves of the Ts&Cs governing the use of the app. Only the latest version of these Ts&Cs accessible online is deemed to be in force at the time of use of the app by the user.

Article 11: Applicable law and attribution of jurisdiction

These Ts&Cs are subject to Luxembourg law.

Any dispute or disagreement arising in connection with the app or interpretation of these Ts&Cs, and which has not been amicably settled, shall be subject to the jurisdiction of the Luxembourg courts.