1. Purpose and publisher

These Terms of Use (the “Terms”) set out the conditions governing access to and use of the Happy Day’N mobile application (the “App”).

The App is published by:

Happy Day SAS
RIDET: 1620806.001
Registered office: 17 rue Charleroi, Nouméa 98800, New Caledonia
Contact: hello@happydayin.app

Happy Day’N is a digital tourist guide that enables visitors to discover places and activities, personalise their itineraries and organise their time at their destination according to their preferences, location and the tourist information available.

2. Acceptance of the Terms

Access to features requiring an account is conditional upon creating an account and accepting these Terms.

The Terms are presented to the user before acceptance. Happy Day must be able to retain a record of the version of the Terms accepted and the date of acceptance.

The Privacy Policy supplements these Terms in all matters relating to the processing of personal data.

3. Account creation and management

Users create an account using one of the authentication methods offered in the App. Several sign-in methods may be available, including registration by email address or authentication through a third-party provider, depending on the features actually deployed.

Users undertake to provide accurate information when requested and to keep their access credentials confidential.

Users are responsible for reporting any unauthorised use of their account.

Users may request the deletion of their account directly from the App, following the procedure provided. The consequences of this deletion for personal data are described in the Privacy Policy.

Happy Day may suspend access to an account in the event of fraud, misuse or a security risk, in accordance with applicable law.

4. Features

Depending on the version installed, the App may, in particular, enable users to:

• discover tourist locations, sites and activities;
• personalise suggestions according to their sightseeing preferences;
• plan itineraries taking into account the time available ashore;
• use the device’s location while using the App;
• save places as favourites;
• rate places or submit feedback when this feature is available;
• access links to third-party websites and services;
• receive notifications when this feature is enabled;
• view certain information previously made available on the device while offline.

The features offered may evolve during development and testing phases.

5. Suggestions and tourist information

The suggestions and itineraries offered by Happy Day’N are intended to help users plan their visits. They may be generated from the preferences provided, the user’s location, the time available and the tourist or contextual data accessible to the App.

The information displayed may change or be incomplete, particularly with regard to opening hours, prices, accessibility, weather, traffic or availability.

Users must verify important information with official sources, site operators or the relevant service providers. They remain responsible for their decisions, travel and compliance with safety instructions.

The App does not guarantee either the availability of a site or the practical feasibility of every suggested itinerary.

6. Geolocation

The App may access the device’s location while the user is using it and the corresponding permission is enabled.

Location data may, in particular, be used to suggest nearby places and adapt suggestions or itineraries.

The use of location data depends on the permissions granted in the device’s settings. Users may change or withdraw these permissions at any time. Refusing or disabling location access may limit certain features.

The intended operation is geolocation while the App is in use, rather than continuous background tracking. The exact technical arrangements, including the frequency of collection and any transmission of coordinates to servers, will be detailed in the Privacy Policy once the actual operation has been validated.

Geolocation does not exempt users from complying with traffic rules, access restrictions and safety instructions.

7. Third-party links and services

The App may contain links to third-party websites or services, including tourism, mapping, telecommunications or weather services.

These services have their own terms of use and privacy policies. Happy Day does not control their practices and cannot guarantee their availability or the accuracy of all their content, without prejudice to its responsibilities under applicable law.

The inclusion of a place in the App does not constitute a guarantee of the quality, safety or availability of its services.

As at the date these Terms were drafted, the selection of places is described as editorial, with no payment received for their listing. Any change to this model must be communicated transparently.

8. Ratings and content submitted by users

When rating or feedback features are available, users undertake to submit content that is honest and respects the rights of third parties.

Users must not publish unlawful, insulting, defamatory, threatening or discriminatory content, infringe the privacy of others, violate intellectual property rights or disrupt the operation of the App.

Happy Day may take proportionate measures in relation to content or use that breaches these Terms or applicable law.

The procedures for publication, moderation and reporting will be specified if public comments are enabled.

9. Intellectual property

The App, its interface, graphics, texts, trademarks, software and content, excluding elements belonging to third parties, are protected by applicable intellectual property rights.

Users are granted a personal, non-exclusive right to use the App for its intended purpose. Any unauthorised reproduction or exploitation of protected elements is prohibited.

Tourist data, maps, photographs and third-party content remain subject to the rights and licences of their respective owners.

Users retain the rights they hold in the content they submit. They authorise Happy Day to use that content to the extent necessary for the operation of the relevant features, under arrangements that will need to be specified if content is published or shared.

10. Availability and offline operation

Happy Day makes reasonable efforts to ensure the availability of the App. Interruptions may occur, in particular, due to maintenance, updates, technical incidents or circumstances beyond its control.

Certain features require an Internet connection or access to third-party services. Offline mode only provides access to information made available locally, which may not be up to date.

Weather information, opening hours, availability and other data that may change must be verified when necessary.

11. Liability

Happy Day’N is a tool designed to help users discover places and organise tourist activities. It does not replace official information, instructions issued by the authorities or the user’s own judgement.

To the extent permitted by applicable law, Happy Day shall not be held liable for the consequences of inappropriate use of the App, reliance on third-party information that has become outdated or the unavailability of third-party services.

Nothing in these Terms limits any liability where such a limitation is prohibited by law.

12. Personal data

Use of the App involves the processing of personal data, including account data, preferences, favourites, itineraries, technical data and location data when the user authorises this feature.

This processing is described in the Happy Day’N Privacy Policy, which is accessible from the App and the web page specified by Happy Day.

13. Account deletion and discontinuation of use

Users may stop using the App at any time and request the deletion of their account from within the App.

Happy Day will delete or anonymise the associated personal data in accordance with the procedures and timeframes described in the Privacy Policy, except for data that must be retained to comply with a legal obligation or to defend rights in legal proceedings.

The exact deletion procedure and any residual data retained in backups will need to be specified before the App goes live.

14. Changes to the Terms

Happy Day may amend these Terms to reflect changes in features or applicable law.

In the event of a material change, users will be informed by appropriate means and, where necessary, invited to accept the new terms.

The applicable version and its last updated date will be available in the App or on the page where the Terms are published.

15. Applicable law and complaints

These Terms are governed by the law applicable in New Caledonia, subject to any mandatory rules applicable to the user’s circumstances.

For any questions relating to the App or these Terms, users may contact Happy Day at the address given above.

Any disputes will be dealt with in accordance with the applicable rules of jurisdiction and procedure.

16. Publisher

Happy Day SAS
RIDET: 1620806.001
17 rue Charleroi, Nouméa, New Caledonia
Email: hello@happydayin.app

Last updated: 22 October 2026