The Customer has the possibility of contacting the Company:
For the purposes of these CGS, the terms in capital letters, whether used in the singular or plural, have the following meaning:
Subscription: refers to the periodic contract to which the Customer subscribes, subject, where applicable, to the total settlement of the price with Apple, in order to benefit from the Services;
Application: refers to the mobile application as defined in the preamble;
CGS: means these General Conditions of Service;
Customer: means any adult or legal person, not acting in the context of their professional activity, and having access to the Application and having, if necessary, subscribed;
Personal Data (s): means (s) the personal data of the Customer collected and processed by the Company in the context of the use of the Application, in particular under the Services, and this under the conditions and terms as defined in the Privacy Charter;
Contents: designate the contents which are accessible via the Application from a selection of contents of the same categories and which can evolve at any time, without this being likely to call into question the Subscription;
Services: designate the services provided by the Company on the Application and described in article 4 of these CGS, in particular of access to the Contents;
Company: means the company Dupee LTD., a limited liability company under English law, registered in the UK Trade Register under number 11723876, whose registered office is 8th Floor South, Reading Bridge House, Reading, Berkshire RG1 8LS, United Kingdom and having for intra-community VAT number: GB314680218.
Only the subscription of a Subscription allows access to the Services offered by the Company from the Content Access Application. Subscription to the Subscription implies acceptance without restriction or reservation of these CGS by the Customer, as upstream of the contractual conditions of Apple®.
These CGS can be modified at any time, without significantly affecting the essential obligations of the Company. The applicable CGS are those in force and accessible on the Company Application on the date of subscription or use by the Customer of the Services.
The Services provided by the Company consist in offering the Customer, from the Application, access to Content under the conditions of these CGS.
The Customer also benefits from assistance provided by the Company for any questions they may have about the Application, the Services and its Subscription. This assistance service is only accessible by email at the address indicated in article 2.
The Company will make its best efforts to respond as quickly as possible to requests made by the Customer as part of the assistance service.
The Customer must have a compatible terminal allowing access to the Apple® AppStore®, an open and active iTunes® / AppStore® account, as well as a version of iOS® compatible with the Application, finally to subscribe to the Subscription via Apple®.
In order to be able to access the Content, the Customer must first subscribe to the Apple® AppStore®. The Customer acknowledges that the Content is made available only to his personal use and that no third party should be able to access it. The non-compliance by the Customer with its obligations as defined in these CGS, and in particular the article in article 10, constitutes a serious violation of the CGS leading to their termination, at the exclusive harm of the Customer, without this may give entitlement to compensation or compensation for damages.
The Customer subscribes for a free trial period of three (3) days which, in the absence of termination by the Customer at the latest before the end of the aforementioned period in the conditions of the article of article 0.1, is automatically converted into a paid subscription under the conditions of article 7.2.
At the end of the trial period as indicated in article 7.1, the Customer takes out a Subscription for a fixed term of one (1) year, renewable by tacit agreement for an identical period, unless terminated by the Customer at any time before each renewal deadline under the conditions of article 7.3.1.
7.3.1. To cancel the Subscription, the Customer must go to the settings of his Apple® terminal in connection with his iTunes® / AppStore® account and follow the applicable procedure: https://support.apple.com/fr-fr/HT202039.
7.3.2. The Customer is informed that uninstalling the Application does not lead to the termination of the Subscription.
7.3.3. The Company reserves the right to terminate the Subscription ipso jure and without notice in the event of non-compliance with the CGS by the Customer, without prejudice to any action that it may decide to take against it.
The price of the Subscription indicated on the Apple® AppStore® is expressed, by default, in euros, all taxes included, for a fixed access to the Services and for the duration of the Subscription indicated in article 7.2. The price may be subject to modification by the Company at any time: the applicable price is that in force and accessible on the Apple® AppStore® on the subscription date, or on its renewal.
Payment for the Subscription is made via the payment systems of the Apple® in-app purchase. The Client is informed that the subscription price will not be charged until the expiration of the trial period provided for in article 6.1 of these CGS.
The provisions of this article 8 are only applicable to Customers established in the territory of the European Union and Great Britain.
In accordance with the provisions of Article 8 (8) of Directive 2011/83 / EU on consumer rights, the Customer acknowledges, if necessary, that he wishes the Services to start running before the expiration of the period of withdrawal.
In accordance with the provisions of articles 9 and 11 of directive 2011/83 / EU relating to the rights of consumers, the Customer has in any event a period of fourteen (14) days after the subscription of the Subscription to retract , without reason.
If the Customer wishes to exercise it, he will first use the Company's withdrawal form. The Company will reimburse the Customer the amount paid in proportion to the time elapsed between the start of the execution of the Subscription. and the expression of his will to retract.
10.1.1. The Company is the holder or the concessionaire of the intellectual property rights both of the general structure of the Application and of its content (texts, slogans, graphics, images, videos, photos and other content), excluding the Contents.
10.1.2. Consequently, any representation, reproduction, modification, distortion and / or total or partial exploitation of the Application and / or its content, by any process whatsoever and on any medium whatsoever, without the express prior authorization of the Company, is prohibited and constitutes acts of copyright infringement.
10.1.3. Similarly, any unauthorized use of the Application and / or its content engages the Customer's criminal and civil liability on the basis of copyright infringement.
10.1.4. The Company grants only to the Customer, by the mere fact of its access to the Application, a private, non-exclusive and non-transferable right of use of the Application on its terminal. The Client's access to the Application therefore does not confer any intellectual property rights on the Application which remains the exclusive property of the Company.
10.2.1. The Content accessed by the Client from the Application are digital files belonging to third-party publishers and protected, where applicable, by intellectual property rights of said publishers and / or third parties.
10.2.2. The Customer is informed that access to the Content i) gives him a temporary personal right of reproduction and, where appropriate, representation of the Content via the Application ii) may be supplemented by contractual conditions applicable to each Content in question undertakes to read and respect.In any event, the Client is prohibited from fixing the Content on any medium, reproducing it, representing, modifying, transmitting, publishing, adapting, on any medium whatsoever, by any means whatsoever, or using in any way, all or part of the Content, without the prior authorization of the publisher of these.
10.2.3. The Client is informed that the Application allows access to Content which is a third party resource over which the Company assumes no responsibility for the information or Content available on these linked sites. The Customer is solely responsible for understanding the terms and conditions that may apply to said Content.
The Company makes its best efforts to make its Application available 24 hours a day, 7 days a week, regardless of the maintenance operations of said Application and / or the server (s) on which it is hosted the Application. The Company however reserves the right to modify, interrupt, at any time, temporarily for a reasonable period, all or part of the Application, without prior notice to the Client and without right to compensation.
The company makes its best efforts in order to allow the customer to access the contents via the application as is, without any warranty as to their availability (temporary or permanent).
In any assumption, the company cannot be responsible (I) in the event of use of the services and / or the application under conditions not conform to the terms of these CGS (ii) if the execution of one of its obligations are prevented or delayed due to a case of force majeure, and in particular natural disasters, fires, dysfunction or interruption of the telecommunications network or of the electrical network (iii) in the event of non-service to client needs including if it was knowledge of the company.
For any complaint of a technical nature or relating to the operation of the Application and / or relating to the Subscription, the Customer is invited to send his request by e-mail or by post to the address of the Company.
Unless specifically provided for in these CGS, correspondence between the Company and the Customer is exclusively handled by email.
These CGS express all of the obligations of the Company and the Client. The fact for one of the parties not to claim a breach by the other party, of any of the obligations referred to herein, cannot be interpreted for the future as a waiver of the obligation in question.
In the event that one or more stipulations of these CGS would be considered null, deemed unwritten or declared as such in application of a law, a regulation or following a decision of a competent court having authority of res judicata as a last resort, the other stipulations will keep all their force and their scope and will remain fully applicable, unless the invalid stipulation (s) were of a substantial nature and their disappearance called into question the contractual balance.
In the event of difficulties of interpretation between one of the titles appearing at the head of the clauses of these CGS and one of the clauses, the titles will be declared non-existent.
These CGS are subject as far as possible by the regulations, to English law.
In the event of a dispute likely to arise in connection with these CGS, their interpretation and their consequences or with the acts supplementing or modifying them, the Customer will first contact the Company to obtain an amicable solution.
In fail of friendly settlement with the customer, they may choose:
1) To use a friendly mediation solution within a maximum period of one (1) year from the written claim made by the customer to the company by entering, (I) be a mediator, (II) be using the online settlement of disputes accessible to the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, being specified as the process of the proposed mediation cannot be a prerequisite for an entry of competent courts for the client;
2) To the fullest extent permitted by regulations, to submit its claims before the competent english jurisdictions of the corporate headquarters.
Please complete and return this form only if you wish to withdraw from the Subscription.
8th Floor South,
Reading Bridge House,
Berkshire RG1 8LS
I, the undersigned [first name, last name], hereby notify Dupee LTD of my withdrawal from the subscription to the Services referenced below:
(if sent by post)