General Terms and Conditions of Use and of Sales of Subscriptions
1. Preamble
The website, subject of these general terms and conditions of sale and use (hereinafter the "Website"), is operated by Global Digital Média SA, registered with the Genève Trade and Companies Register under number CHE-373 082 366, whose registered office is located at Rue Muzy 9 - 1207 Genève – Suisse (hereinafter "the Company").
Based on the Website, the Company has developed online dating services for personal, recreational and non-commercial purposes (hereinafter the "Services").
The Company provides Internet users with the Website enabling them to communicate widely with others by a multi-criteria instant messenger and represents a passive connection for online posts, distribution of profiles and other information for entertainment purposes (media). The Services do not provide relationship advice, nor is it a marriage agency and the Company does not set up dates for Members. Use of the Services is for strictly personal and private purposes only.
These Services are exclusively reserved for Members registered on the Website in compliance with these general terms and conditions of use and sale of Subscriptions (hereinafter the "GTCUS").
2. Prerequisites
Members hereby declare that they have obtained from the Company all necessary information regarding the Services and Subscriptions offered and shall comply without restriction or reservation to these GTCUS.
Members acknowledge that using Website necessitates compliance with all the requirements defined in these GTCUS.
Members may enjoy the Services offered to them on the Website, subject, where applicable, to the payment of the relevant Subscription fees and to compliance with following prerequisites whereby they must:
- Be of legal age (i.e., eighteen (18) years old or older) on the day of their registration on the Website;
- Have the legal capacity to commit to these GTCUS;
- Have appropriate computer equipment to access the Website;
- Have a valid email address.
3. Definitions
The terms defined below shall convey the following meanings for the Parties:
- "Subscription": a paid flat fee giving access to the Services offered through the Subscription, for a limited period specified in the Subscription in question purchased by a Member.
- "Member": any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, small business, professional or agricultural activity, having completed the Website registration process.
- "Subscriber": a Member who subscribed to one or more Subscriptions offered by the Company.
- "Account": a Website area reserved for Members and Subscribers.
- "Services": all services offered by the Company, accessible to Members and Subscribers via the Website. Two (2) types of Services are on offer: Basic and Additional Services. The Members and Subscribers concerned are informed of their main characteristics prior to purchasing a Subscription.
4. Purpose and scope
The purpose of this document is to define the general terms and conditions of use and of sale of Subscriptions offered by the Company to its Members.
These terms and conditions have been entered into between the Company and any person who has become a Member.
They apply to a Member creating an Account on the Website and to any Subscription purchased by a Member from the Company.
The Member must read the GTCUS before creating an Account and purchasing any Subscription. The selection and purchase of a Subscription is the Member’s exclusive responsibility.
The Member hereby declares to have read these GTCUS and to have accepted them by ticking the box for this purpose before creating an Account and/or purchasing a Subscription online. Unless proved otherwise, the data recorded in the Company's computer system shall constitute proof of all transactions entered into with the Subscriber through the Website.
The validation of a Subscription by the Subscriber is tantamount to acceptance without restriction or reservation of these GTCUS.
These GTCUS may be subject to subsequent amendments, the version applicable to creating an Account or to the purchase of a Subscription by the Member is that in effect on the Website on the creation date of the Account or the purchase date of the Subscription.
5. Enforceability
These GTCUS shall be binding on the Member as soon as they are accepted by said Member, prior to creating an Account and to purchasing a Subscription.
The Company reserves the right to make any changes thereto it deems necessary and useful. It shall make its best efforts to inform Members about the existence and entry into force of the new GTCUS.
Following the entry into force of the new GTCUS and in any event, the Member may waive the use of the Services though shall remain liable for any prior use.
Members can access the archived GTCUS by emailing: customer@cloverskypay.com.
6. Website registration and Account opening
6.1 Registration
6.1.1 Website registration
Purchasing a Subscription is reserved exclusively for Members.
To create an Account and become a Member, the user must first register by completing the form available on the Website.
The registration process via the Website registration form includes the following steps:
- Step 1: The user completes the online registration form on the Website by filling in the necessary fields, some of which are required. Some requested information constitutes the user profile and will be accessible to other Members of the Service: said profiles must be accurate and regularly updated.
- Step 2: the user reads the GTCUS and accepts them by ticking the box provided for this purpose; if he or she does not accept them, he or she must stop the registration procedure and browse away from the Website immediately.
- Step 3: Once the profile is correctly filled in, the user validates the registration form and shall receive a confirmation email sent to the address he or she provided.
Once the user confirms registration, he or she shall become a Member of the Service subject to Article 7.2 below.
6.1.2 Mobile app registration
Mobile app registration includes phone purchasing platforms, digital tablets or any other digital communications device connected to the Internet enabling downloading an application dedicated to using the Website and/or the Services. The Member who wants to use it must have a mobile Internet connection. This application offers the user the possibility of creating an account and of becoming a Member from a mobile phone, for example. It also lets users purchase Subscriptions. The purchase and use of Subscriptions, including those purchased from a mobile app, are subject to the GTCUS hereof.
6.2 Pending profiles
Once registered, the Member's profile is displayed as "pending": during this period, the duration of which can vary, the Member's profile is checked by the Company to ensure that the data and information provided by the Member complies with the GTCUS hereof. Lastly, the user is offered the exclusive opportunity to optimise his or her chances of finding love by being guided to other dating websites if he or she is already registered thereon or if he or she wishes to benefit from more contact. Subject to the Member’s express agreement, his or her profile may be available on other Websites in line with his or her search.
Should the Member fail to comply with these GTCUS, he or she shall be informed by email that his or her profile was rejected and shall be asked to change it. If the Member does not change his or her profile in accordance with these GTCUS, the Company reserves the right to reject said profile definitively.
Regardless of the selected registration method, the Member guarantees that the data communicated during registration are exact and are factually accurate. If these data are changed, he or she undertakes to make the necessary modifications to his or her Account directly.
The Company is not required and does not have the technical resources to check the identity of persons registering on the Website and opening an Account.
7. Purchasing a Subscription and payment methods
7.1 Purchasing a Subscription and payment methods
To purchase a Subscription, the Member must first create an Account, select his or her Subscription option and payment method.
As a rule, Subscriptions to Basic Services and Additional Services are subject to charges for the rates in force at purchase. Prices are expressed in the currency of the Member's country. These rates are firm and not revisable during their validity period. The price is due at purchase of the Subscription, by credit card or bank transfer.
As an exception, for the purposes of allowing Members to discover the functionalities of Basic Services, access to a limited version of these Services is offered free-of-charge for a limited time period.
This free access over a limited period does not allow the use all Website features and does not facilitate meeting other Members.
In addition, a female Member can be put in contact with a male Member who has purchased the Basic Services, which is free and complete, except for Additional Services, which shall continue to be paid.
It is specified that when access to the Services is free, whether in whole or in part, the Company reserves the right to change the terms and conditions of access.
The Member purchases a Subscription for his or her selected duration at the price displayed online when subscribing and based on the payment terms proposed on the Website and chosen by the Member.
Access to the Services of the selected Subscription is possible following receipt by the Company of the Member’s payment. Access to the Services concerned by the selected Subscription is due at payment when making a credit card purchase. Processing time is required when paying by cheque or by bank transfer; the Services concerned by this Subscription shall only be made accessible after the Company is in receipt of the sums in question. In this second case and when the Services of the Subscription selected are not accessible to the Member after a period of fourteen (14) days after sending the cheque by post or making the transfer, it is recommended that the Member sends a message to the customer service department using the form accessible from his or her account under the "help" menu to which the customer service department shall undertake to respond as soon as possible.
The Company reserves the right to make temporary promotional Subscription offers to new Members or Subscribers for an unspecified period. The proposed financial terms and conditions are exceptional in nature and cannot be the subject of any claim by other Members.
The trial offer is for promotional purposes and forms an integral part of a monthly Subscription. At the end of the three (3) trial days, the Subscription will automatically be charged, unless the Subscriber has previously cancelled it, the procedures of which are set out in Article 16 of these GTCUS.
In general, cancelling Subscription renewals can be done pursuant to the terms and conditions of the Article entitled "cancellation" hereunder.
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Mobile App/App Store
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App Store
The Member may create his or her Account under the terms and conditions referred to in Article 6.1.2. The Member can thereafter choose from one of the Subscription options.
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Android
The Member may create his or her Account under the terms and conditions referred to in Article 6.1.2. The Member can thereafter choose from one of the Subscription options.
7.2 Orders
7.2.1 Purchasing a Services Subscription
The Member can then choose from one of the Subscription options. Said Member shall be informed in advance and through a dedicated control interface about the Subscription price and the various available payment methods.
The Member can check his or her order details, the total price and correct any errors before confirming acceptance. This approval implies the acceptance in full of the GTCUS hereof.
Subscribers or Members may order one or more additional Subscriptions giving them access to advanced features of the Website based on the formulas detailed thereon.
The order process for one of the paid Subscriptions is done in two (2) confirmatory steps:
Step 1: the Member is informed beforehand and by a dedicated control interface about the price of the Subscription and the possibility he or she has to use his or her usual payment method: he or she has the opportunity to expressly validate or to refuse the order or to change his or her usual payment method;
Step 2: The Member is informed by the same dedicated interface that his or her order has been confirmed.
The sale of the Subscriptions shall only be considered final (and the contract concluded) after the Company sends to the Member the order acceptance confirmation email.
7.2.2 Order tracking
At the end of the Subscription process or the purchase of a new Subscription, the Member may access online, permanently on his or her Account interface a detailed summary of his or her Subscriptions ordered.
7.2.3 Money-back guarantee
The company endeavours to provide its Members with a quality user experience. However, in the event that the Member is not satisfied with the user experience offered to them, the Member may request a refund of the initial subscription within fifteen (15) days following said subscription, provided that they have logged on at least three (3) times a week and have sent at least twenty (20) messages per week during this period.
7.3 Fees
All costs related to access, whether equipment-related or for software or Internet are exclusively the Member’s responsibility.
8. Company Obligations
8.1 Service Quality
The Company shall endeavour to provide quality Services. It allows Members to use the means of communication made available to them under optimum conditions. Due to the nature and complexity of the Internet, and in particular to its technical performance and response times to consult, query or transfer data, the Company shall make its best efforts, in conformance with the relevant professional standards, to allow access and use of the Services.
The Company cannot be held liable for the proper functioning of the Member's computer equipment and for his or her Internet access.
8.2 Maintenance and updates
The Company shall make its best efforts to provide effective Services to Members and to maintain the Services under optimal operational conditions.
The Company reserves the right to temporarily shut down access to the Services, in particular to perform an update, maintenance operations, modifications or changes to the operational methods, hours of availability, without this list being exhaustive.
The Company shall not be held liable for damages of any kind that may result from non-functioning, inaccessibility or poor conditions of use of the Services attributable to inappropriate equipment, internal malfunctions of the Member's Internet access provider, for Internet congestion and for other external reasons typical of a force majeure event.
The Company reserves the right to supplement or improve, at any time, the Website, the Subscriptions and the Services available thereon depending on technological upgrades and shall inform the Members of this by any means.
8.3 Moderating
The Company is under no obligation to monitor, moderate or control the exchanges and content posted on the Website by registered Members.
The Company shall not intervene directly regarding profile content. At Member registration and purchase of a Subscription, it ensures compliance with these GTCUS but does not check the accuracy of the information provided or their validity and does not check the subsequent changes made to the profile by the Member in question.
The Company does not intervene in relations and exchanges between Members.
The Company undertakes to react to any content, behaviour or use that is unlawful or that does not comply with these GTCUS, in accordance with the Article entitled "Reporting illegal content" herein or using the report "abuse” link which appears on each registered Member’s profile. The Company shall take the measures it deems most appropriate depending on the situation.
The Company reserves the right to delete any content that does not comply with these GTCUS, after having informed, conditions permitting, the Member concerned.
8.4 Security
In accordance with the relevant professional standards, the Company shall make its best efforts to secure the Website.
Given the exponential number of technological developments, the Company cannot ensure absolute security of the Website or that it does not contain security loopholes.
9. Member obligations
9.1 Profile accuracy
The Services allow the Member when registering and when he accesses his or her profile to fill in said profile specifically with data relating to his or her personality and his or her physique pursuant to the laws and regulations.
To facilitate reliable exchanges between Members, all Members shall undertake to provide accurate data, compliant with the laws and regulations and to update them regularly.
Members shall refrain from sharing their Accounts with other persons or from giving access to their Accounts to minors.
When registering or updating their profiles, Members must refrain from providing, identification data that is not a true representation of the facts or that results from identity theft.
The photographs uploaded online by the Member must:
- Represent the Member exclusively;
- Do not represent only unrelated elements (landscapes, animals, etc.);
- Do not contain text;
- Be respectful of common decency: no naked, suggestive, sexually suggestive or photographs representing minors.
Members shall refrain from including on his or her profile telephone, postal or electronic contact details. Members shall refrain from sending his or her contact details (Skype etc.) by any means whatsoever to anyone. Members are also strongly discouraged from being filmed by other Members outside the means provided via the Website, as well as from sending money, by any means and under any pretext whatsoever to other Members.
9.2 Compliant use
Once registered, and subject to purchasing to one (1) or more of the Subscription option(s), the Member shall enjoy access to the Services in accordance with the Subscription formula.
Members are responsible for the use of the Services and their actions on the Website. Said Member undertakes to use the Website in a fair manner as per these GTCUS. The Member’s behaviour when using the Services must follow the rules of good conduct.
Members shall refrain from making any statements that infringe the rights of others or defamatory, abusive and in general any purpose or content contrary to the purpose of the Services and laws and regulations in force.
Members shall refrain from disseminating, in any form whatsoever, information or content incorporating links to third party websites that are illegal, contrary to common decency and/or that do not comply with the purpose of the Services.
Members undertake to report any patently illegal content, in accordance with the procedure provided for in the Article entitled "Reporting illegal content” of the GTCUS hereof.
In addition, Members can report to the Company other Member profiles that do not comply with these GTCUS by using the report "abuse” link appearing on the profile of each registered Member.
Members shall refrain from any illegal behaviour or from committing fraud against the Company, other Members or third parties.
In general, Members agree to report to the Company any failure of the Services that he or she has found using the "help" menu available online on the Website.
Any Member’s breach of any of these obligations shall constitute a serious breach. Any behaviour that does not follow the rules of good conduct above may be sanctioned per the conditions of the Article entitled "Cancellation" of these GTCUS.
9.3 Security
Members shall refrain from fraudulently accessing or maintaining all or part of the Website. Members shall refrain from using an access method other than the interface and the instructions provided by the Company. Should a Member discover such a method or if the Member enters a restricted area, without authorisation or inadvertently, the Member undertakes to inform the Company immediately at the following address: customer@cloverskypay.com, so that said Company can take the necessary measures.
Members shall refrain from deleting or changing data contained on the Website or from fraudulently introducing data or altering the Website’s operations. In particular, they shall refrain from introducing a virus, malicious code or any other harmful technology to the Website or to the Services proposed thereon.
Members shall refrain from carrying out any operation aimed at saturating a page, rebounding or any operation that hinders or falsifies the Website's operations.
Any voluntary access to a prohibited area will be considered fraudulent access within the meaning of the legal and regulatory provisions in force.
Members undertake to consider that all the data which he or she will have become aware of during such access to the unauthorised area are confidential data and undertakes, therefore, not to disclose them.
Members shall take all measures to ensure their own security, including managing his or her credentials and access codes that he or she must keep confidential.
10. Technical support
The Company makes available to Members a customer service department that can provide all information necessary for using the Website and Services.
The Company shall make its best efforts to provide Services accessible to all Members under optimum conditions.
The Company cannot guarantee an absolute technical compatibility of the features and Services that it proposes since their smooth functioning is subject to the software and hardware compatibility of the computer equipment used by Members. The Company shall inform Members of the minimum configurations required to fully benefit from the Services.
The use of a mobile app dedicated to the use of the Services requires that the Member has in advance a compatible electronic communication device and a mobile Internet connection. Before any download of the mobile app, it is recommended that the Member refer to the terms and conditions of use of the download platform of the app to learn about the necessary equipment configuration.
If a Member encounters difficulties in accessing and/or using any of the Services offered on the Website, he or she can contact the customer service department at any time using the online form that can be found on the Website under the "help" menu.
11. Intellectual property
11.1 Elements of the Services
These GTCUS shall not entail transfer, for the benefit of the Members, the intellectual property rights of the elements belonging to the Company.
Website content, service names, trademarks, designs, models, images, text, photos, logos, graphics, sounds, videos, domain names, or any other information or media provided by the Company on the Website, without this list being exhaustive, are the exclusive property of the Company and are protected by applicable national and international laws relating to the intellectual property legislation in force.
Any reproduction and/or representation, in whole or in part, of any of these elements, without the express prior authorization of the Company, is prohibited and constitutes an infringement sanctioned by the legal and regulatory provisions in force.
Consequently, Members shall refrain from any action or activity likely to directly or indirectly infringe the Company’s intellectual property rights.
Members may not use, print or reformat the Website content for purposes other than for private or family use.
Said Members promise not to download, reproduce, transmit, sell, distribute or exploit the Website content.
11.2 Third party elements
The intellectual property rights attached to the elements of the Website belonging to third parties whose use has been entrusted to the Company, such as trademarks, drawings, models, images, texts, photos, logo, without this list being exhaustive, are the exclusive property of their creator and are protected as such by the applicable national and international laws relating to the intellectual property legislation in force.
Members shall refrain from infringing, directly or indirectly, the intellectual property rights of third parties attached to the content on the Website and is prohibited from exploiting, in any way whatsoever, the names, brands, the logos, the software, the information and the documents which are generally communicated to it, in the case of executing these GTCUS.
The Member agrees to honour all rights of third parties, whose content is present on the Website and shall refrain from suggesting any analogy in the mind of the public for any purpose whatsoever.
11.3 Elements put online by Members
Members hereby grant to the Company, as necessary, a license for the use of the intellectual property rights attached to the elements that they put online, of which it owns the exclusive property and which are protected by the applicable national and international laws relating to the intellectual property legislation in force.
Members can distribute more widely their profiles containing their photographs on other partner websites by visiting the "My account" area.
This license granted by Members to the Company includes the right for the Company to reproduce, represent, adapt, translate, digitise, use for the performance of the Services or sub-license the elements relating to the Members regarding the Services, as well as on any electronic communication media in accordance with the Services (notably email, Text Messaging, MMS, internet messaging).
Members authorise the Company to change the elements to comply with its graphic charter or to make them compatible with its technical performance or any media format provided within the framework of the Services.
The license of use is granted by Members to the Company for the entire world, and for the duration of the online accessibility of these elements put online by the Member.
Members undertake to take all necessary measures to protect said rights with respect to all third parties and to guarantee the Company’s quiet enjoyment of them.
12. Liability and guarantee
In connection with the provision of the Services, the Company is subject to a performance obligation.
The Company cannot be held liable for the activities or information stored at the request of Members, except if the Company has been duly notified of the existence of illegal content under the conditions of the Article entitled "Reporting illegal content" of these GTCUS and if it failed to act promptly to remove said content.
Members hereby acknowledge and agree that the elements they provide, as well as their behaviour or comments on the Website may be reported by other Members and subject to the Company’s subsequent check based on objective assessment criteria, without prejudice to the consequent enforcement of the Article entitled "Cancellation" of these GTCUS.
The Member hereby acknowledges and agrees that the disclosure of information by him or her on the Website is his or her sole responsibility, and waives any legal recourse against the Company, based in particular on his or her right to his or her image, his or her honour and his or her reputation, and to the right of privacy, resulting from the dissemination by him or her of such information, unless wrongdoing can be duly proven by the Member. The Member is solely responsible for any damage caused by the disclosure of this information.
The Member guarantees and shall hold the Company harmless of any legal recourse and against any conviction stemming from a breach by the Member of his or her obligations under the law or these GTCUS.
The Member cannot hold the Company liable for any time-lag in the information that the Company has sent to said Member.
The Company’s liability can only be assumed if it has committed fraudulent or abusive use or due to a voluntary or involuntary disclosure to anyone of the credentials and/or password of the Member's account.
The Company cannot be held liable for the breach of these GTCUS by a Member, or their actions on the Website whether they constitute wrongdoing.
Exchanges between Members, profiles, descriptions and other announcements form part of the objective of entertainment and communication. The Company is merely the provider of a web platform and cannot guarantee that exchanges between Members lead to dates. In addition, the Company cannot in any way be held liable for meetings on or off the Website or for the veracity of the information provided on the Website.
The Company shall endeavour to ensure the reliability of information and data profiles of Members, including ensuring compliance with these GTCUS and the information provided when creating an Account. However, each Member may subsequently change some of his or her profile information. The Company cannot guarantee the veracity of the information provided by Members, nor guarantee Members against identity theft.
The Company provides Additional Services to enhance the communication features and promote the visibility of a Member's profile on the Website. However, these Services shall be provided at the same level as the Services that would have been purchased by other Members. If Members make multiple requests for a given Service, or due to technical reasons related to the proper management of the Website’s operation, the Member acknowledges that the Company cannot guarantee promoting the visibility of the Member’s profile over an unlimited duration or the effectiveness and uninterrupted availability of the Additional Service which the Member has purchased.
Partner Websites may be accessible to users through hypertext links such as banner ads. The Company cannot be held liable for the data and information disseminated by their potential business partners.
13. Reporting illegal content
The following information must be provided to report illegal content to the Company:
The report date;
- If the person reporting the information is a natural person: his or her surname, first name, occupation, address, nationality, date and place of birth; if the applicant is a legal person: its legal structure, name, registered office and the body that legally represents it;
- The name and address of the addressee or, if a legal person, its name and registered office;
- The description of the controversial content and their exact location (with a copy of the exact URL containing said content);
- The grounds justifying why the content should be removed, including the reference to legal provisions and factual justifications;
- A copy of the correspondence sent to the author or publisher of the disputed information or activities requesting their suspension, removal or modification, or justification that the initiator or publisher could not be reached.
The Member shall report such content by complying with the information referred to in this article by sending an email to the following address: customer@cloverskypay.com or by post to the following mailing address:
Global Digital Média SA / Customer Service
Rue Muzy 9 - 1207 Genève – Suisse
14. Personal data
The personal data that may be collected during registration on the Website are intended for the Company, which is the data controller. This collection allows Members to create an Account prior to their use by of the Website and the possible purchase of a Subscription. Should a Member refuse to fill in the requested information, said Member shall not thereafter be able to use the Website and may not purchase a Subscription.
The data collected is intended for internal use only that is specific to the Company. Only those acting under said Company’s authority and instructions shall be entitled to use it.
As an exception, banking data are communicated to service providers responsible for managing and for collecting Subscription fees. The Member expressly agrees that the above-mentioned banking data shall be communicated to said service providers for the sole purpose referred to above.
As another exception, the personal data collected during Website registration may be communicated to business partners only after the Member’s or Subscriber’s express agreement is given to facilitate his or her registration for additional Services.
These data are kept for a period strictly related to the purpose of data processing, i.e. no more than two years after the Member’s last visit to the Website.
They are used to offer Members dates consistent with their personalities. Except for the Member's email address which is required for registration, the Member is under no obligation to provide any other personal data, which shall have no bearing on the contract.
He or she is strictly prohibited to retrieve, use or transmit to Third Parties personal data on the Website, regardless of the use. He or she is also strictly prohibited to contact in any way whatsoever or to send "junk mail", "spam", mailings to current or past Members or Website Subscribers.
In accordance with the legal and regulatory provisions in force regarding protection of personal data, the Member has a right to access, rectify, delete and limit the personal data concerning him or her. The Member also has a right of objection, on legitimate grounds, to the processing of his or her personal data.
In addition, the Member is entitled to withdraw consent for processing based exclusively on said Member’s consent.
Furthermore, the Member has the right to inform the Company of his or her instructions as to the fate of his or her data after death.
Lastly, the Member can request that his or her data be exported to a third party when he or she has agreed to the collection of such data or where such data have been collected pursuant to the execution of a contract.
All these rights may be exercised with the Company, by contacting Service Client (the Customer Service Department), Rue Muzy 9 - 1207 Genève – Suisse by registered letter with acknowledgement of receipt accompanied by proof of identity.
In addition, a Member can lodge a complaint with a data protection authority.
If a Member has reason to believe that his or her personal data have been used, the latter must immediately report this to the Company.
Personal data may be transferred to the following business partners : DNX Network Sarl, X CASH, Flirt Revenue et Salamandra Web SL.
The Member has the possibility to delete his transfer authorization via the dedicated section on his account accessible through the menu "My Account", "My Settings".
15. Traceability
So that the Services are easily accessible and personalised, the Company keeps the Member's login history on the Website and tracks the browsing of Members on the Website with cookies as per the legal and regulatory provisions.
16. Unsubscribing from the Website and Cancelling a Subscription
16.1 Unsubscribing from the Website
A Member's Account may be automatically deactivated due to prolonged Account inactivity. In this case, the Company will delete all data related to the inactive Account after a period of two (2) years after the last connection to the Account. The Member may cancel his or her registration on the Website by deleting his or her Account at any time, including via the section dedicated for this purpose in the menu under "my settings> subscription" or by any other means indicated under this menu option. This request will be deemed to be made on the business day following receipt by the service of the unsubscribe request for the relevant Account. This request shall not give rise to any refund for the unused Subscription period.
A Subscriber may not unsubscribe from the Website if he or she has previously unsubscribed.
16.2 Subscription period
Subscriptions are purchased for the period chosen by the Subscriber when registering.
If payment is made by cheque or by bank transfer, the Subscription will not be renewed automatically upon its expiry date.
If payment is made by credit card, the Subscription will be automatically renewed on its expiry date by successive periods equivalent to those initially chosen by the Member, except if said Member notifies of cancellation under the terms and conditions as set forth in Article 16.3. The renewed Subscription will be billed to the Member in accordance with the base rate and frequency of the Subscription initially purchased by said Member.
16.3 Subscription Cancellation (bank card payment)
Subscribers can opt not to renew the Subscription one (1) clear day after purchasing the Subscription. This decision shall not affect access to the full functionality of the Subscription Services for the initial Subscription period.
Except for the trial offer of three (3) days, which cannot be renewed, the decision not to renew the Subscription must be made no later than seventy-two (72) hours before the end of the Subscription, either by calling the Customer Service Department, whose contact details appear on the Website, or by using the "Cancel my renewal" feature on the Account accessible via the “Account" menu. ","My Settings", "My Subscription", then "Settings". The Subscriber must thereafter follow the unsubscribe procedure.
Prior to the end of the trial offer of three (3) days, Members may also opt out of the prepaid monthly Subscription, by calling the Customer Service Department phone number appearing on the Website, or by using the feature "Cancel my renewal" on the Account accessible through the menu "Account", "My settings", "My subscription", then "Settings". The Subscriber must thereafter follow the unsubscribe procedure.
The Company reserves the right to bring before the competent courts any Member’s abusive stopping of a bank payment for a Subscription.
In any case, the Company shall inform the Members concerned by indicating to them, by email sent at the latest thirty (30) calendar days before the end of their Subscriptions, that they can cancel their Subscriptions free-of-charge before the expiry date and the procedures to be followed.
In addition, the Member shall receive an email confirmation of his or her decision not to renew the Subscription.
16.4 Suspension and cancellation for wrongdoing
16.4.1. Suspension
Regardless of the payment method, in case of breach of the obligations of these GTCUS by the Member, the Company reserves the right to, without paying compensation, eight (8) calendar days after receipt by the Member of an email requesting that he or she comply with these GTCUS, suspend access to his Account and any Services of his or her Subscription until the cause of the suspension disappears.
For example, such a suspension may be implemented when:
- The Member completes his or her profile in a way that does not comply with these GTCUS;
- The Member uploads a non-compliant photograph;
- The Member behaves in a way that disturbs the peace of one or more other members.
In any case, the Member shall be informed by email of the suspension of his or her Account and Subscription.
16.4.2. Company Cancellation
If there is a serious and repeated breach of the obligations of these GTCUS by the Member, the Company reserves the right to, without paying compensation, fifteen (15) calendar days after the receipt by the Member of an unheeded email requesting that he or she comply with these GTCUS, cancel the Website registration, close his or her Account, and cancel the Member's Subscription without prejudice to any legal action under ordinary law that may be available to it.
If a bank rejects the Member’s payment method, the Company reserves the right to, eight (8) calendar days after receipt by the Subscriber of an unheeded email requesting that he or she pay the amounts owed with a new payment method, cancel the Website registration, close his or her Account, and cancel the Subscription without prejudice to any legal action under ordinary law that may be available to it.
In any event, the Member shall be informed by email of the closure of his or her Account and of the Subscription cancellation.
16.4.3. Subscriber Cancellation
In the event of unavailability of the Services, except in cases of force majeure as provided for in Article 17 of these GTCUS, for a period of more than seven days, the Subscriber may cancel the Subscription by sending a registered letter with acknowledgement of receipt, accompanied by a bank statement, to the following address:
Global Digital Média SA / Customer Service
Rue Muzy 9 - 1207 Genève – Suisse
The Company undertakes to refund the Subscriber in proportion to his or her Subscription period within a period which may, depending on the Subscriber's bank, be from two (2) to ten (10) calendar days, after receipt of the registered letter accompanied by the bank statement.
17. Force majeure
The Parties cannot be held liable if the failure to perform or the delay in executing any of their obligations, as described in these GTCUS, arises from a case of force majeure as defined by the legal provisions in force.
The Party reporting the event shall promptly inform the other Party of its inability to perform its obligations due to force majeure. The suspension of the obligations cannot under any circumstance be a cause of liability for failure to perform the obligation in question, nor prompt payment of damages or lateness penalties.
Initially, the cases of force majeure shall suspend the execution of these GTCUS and the Subscription in progress.
Therefore, upon the cessation of the cause of the suspension of their reciprocal obligations, the Parties shall resume as soon as possible the normal performance of their contractual obligations. For this purpose, the hindered party shall inform the other of its resumption of its obligation by the means of its choosing.
If the impediment exceeds two (2) months, these GTCUS and the current Subscription will be cancelled automatically.
18. Good faith
The Parties agree to perform their obligations in the utmost good faith.
19. Sincerity
The Parties hereby declare that these commitments are sincere.
To this end, they declare that, to the best of their knowledge, they possess no information which, had it been communicated, would have changed the other Party’s consent.
20. Headings
The headings of the clauses of the GTCUS are included for informational purposes only and must not in any way affect the meaning or the interpretation of said GTCUS. Should the heading of a clause confuse understanding the clause itself, it shall be disregarded for this reason.
21. Invalidity
If one or more provisions hereof is/are deemed to be invalid or declared as such pursuant to a law, a regulation or further to a final decision rendered by a competent court, the other provisions shall retain their full legal force and scope.
22. Entire contract
These GTCUS express all obligations of the Parties.
No other general or specific condition shown in the documents sent to or received by the Parties can be included in these GTCUS.
23. Agreement on proof
Acceptance of these GTCUS electronically has, between the Parties, the same evidentiary value as an agreement on paper.
The data recorded in the computer systems of the Website shall be kept under reasonable security conditions and be considered as evidence of communications between the Parties. Unless proved otherwise, this data constitutes proof of all transactions between the Company and the Member via the Website.
The archiving the contractual documents is to be done on a reliable and long-lasting media that can be produced as proof.
24. Confidentiality
The information transmitted or collected by the Company in connection with the use of the Website is considered by nature to be confidential and subject to professional secrecy and shall not be used under any circumstances for external communications, unless there are exceptions related to the legal and regulatory provisions.
This provision does not preclude communications ordered by judicial or administrative means.
25. Contract language
These GTCUS have been drafted in French.
In case of conflict between the parties or differences regarding the interpretation of a word or clause, only versions drafted in French shall be authentic.
26. Governing law
These GTCUS are governed by Swiss law.
This is the case for both the substantive and procedural rules, notwithstanding the places of performance of the substantive or ancillary obligations.
27. Jurisdiction
All disputes related to creating an Account, purchasing the Services, their execution or cancellation arising between a Member and the Company that could not be resolved shall be submitted to the competent courts under the conditions of ordinary law.
28. Pre-contractual information
The Member acknowledges having received, prior to creating an Account and purchasing a Subscription, in a readable and understandable manner, these GTCUS and in particular the following information:
- the main characteristics of Subscriptions;
- the price of Subscriptions;
- information relating to the identity of the Company as well as to its postal, telephone and electronic contact details.
