1. GENERAL TERMS AND CONDITIONS OF USE OF THE SITE AND THE SERVICES OFFERED
Use of the Site implies full and unconditional acceptance of these general terms and conditions of use as set out herein. These conditions of use may be modified or augmented at any time, without notice, and Users of the Site are therefore invited to review them regularly. In principle, the Site is accessible 24 hours a day, seven days a week, except in the case of downtime, whether planned or otherwise, for the purposes of maintenance or upon the occurrence of an event of force majeure. In the event that it is not possible to access the Service, the Publisher undertakes to use its best endeavors to re-establish access to the Service and therefore shall endeavor to provide the User with advance notice of the times and dates of any maintenance. In view of the fact that the Publisher is under no obligation to take such steps, the Publisher shall not be held liable for any loss or damage of any kind whatsoever as a result of the non-availability of the Service.
The Site is updated regularly by the Publisher. Similarly, the Legal Notices may be modified at any time, without notice, and shall apply in full to the User. The User is deemed to accept such terms in full and shall refer to the terms on a regularly basis in order to view such modifications. The Site further reserves the right to assign or transfer the rights and obligations under these Ts & Cs and legal notices without notice. By continuing to make use of the Services of the Site, the User agrees to having accepted any modifications to these general terms and conditions that may have been made.
2. DESCRIPTION OF THE SERVICES
The Site offers a range of Services designed to Map Personality Facots for the amusement of the User. The Personality Factors calculated by the Site and the interpretation of that factors are provided solely for indicative purposes and, while attempting to reflect the User’s actual Personality to the greatest extent possible, they are not a substitute for a professional medical opinion. The test may be taken free of charge; only access to the complete report setting out the results of the test may require payment. The Publisher shall use its reasonable endeavors to provide results that are as accurate as possible. Notwithstanding the foregoing, the Publisher shall not be liable for any omissions or inaccuracies or any defects in any update, whether caused by the Publisher or any third party supplier of information. All information and Services provided via the site are provided for indicative purposes only, are not exhaustive, and are subject to change. Such information and Services are provided subject to any changes that may have been made since they were first made available online.
3. ACCESS TO THE SERVICES
The User’s access to the Services may require payment, in which case the VAT-inclusive price, or the manner in which the price is calculated if not determinable in advance, shall be displayed on the site. Access to the Services via certain payment solutions as set out in this clause presumes that the User is a subscriber to a telephone service provided by a telecommunications provider, or in the alternative that the User is authorized to make use of such services by a subscriber to such services. INTERNET+ BOX OR INTERNET+ MOBILE SOLUTION This solution is aimed at those Users who have entered into a contract for internet access with specified internet service providers and/or telecommunications providers, namely Bouygues Telecom, Orange, SFR or Free (Box only). Upon the User’s acceptance by double clicking, the cost of the Service provided via the Site as ordered by the User, including any subscription, shall be debited directly via the bill issued to the User by the User’s internet service provider and/or telecommunications provider. PREMIUM-RATE TELEPHONE CALL SOLUTION The User may view the Service provided via the Site by way of a telephone call to a premium-rate telephone number. The Service, when ordered via a premium-rate telephone call, shall be charged via the bill issued to the User by the User’s telecommunications provider. SMS+ SOLUTIONS The User may view the Service provided via the Site, or may obtain a key to access the Service provided via the Site, by sending an SMS to a premium-rate number. In order to access the Service via the SMS+ payment solution, the User requires an internet-connected smartphone. The Service, when ordered via SMS+, shall be charged via the bill issued to the User by the User’s telecommunications provider, provided that the User receives an SMS enabling access to the Service. In any event, once the User has transmitted a request by means of an SMS or a premium-rate telephone call giving rise to an obligation of payment, the User shall be granted instant access to the Service, which may be limited to a specific time period. Therefore, in accordance with Article L. 121-21-8 of the French Consumer Code, the User expressly agrees to the provision of the Service and expressly waives, by accepting these terms and conditions, any right of cancellation, and such waiver shall endure throughout such time as the Service is provided. ANY QUESTIONS OR PROBLEMS? Contact us: firstname.lastname@example.org
Upon the occurrence of any event giving rise to any entitlement to a refund, the User may request such refund by contacting the Publisher directly by e-mail within seven (7) clear days of purchase.
5. LIMITS AND EXCLUSIONS OF LIABILITY
The Publisher shall not be liable for any typographical errors or inaccuracies that may affect the Service, nor for any damage incurred as a result of use of the Service. The User remains liable for the User’s hardware and for the use to which such hardware is put, and shall similarly be liable for any direct or indirect costs arising from accessing the internet. The User of the Site undertakes to access the Site using recent hardware that is free of viruses and using a latest-generation internet browser that has been fully updated. The User hereby releases the Publisher from all liability in respect of any loss or damage that the User may suffer, whether directly or indirectly, as a result of the Service offered. The User shall be solely liable for any use of the Service and the User expressly releases the Publisher from all liability in respect of any third party.
6. HYPERTEXT LINKS AND COOKIES
The Site contains a certain number of hypertext links to third party sites (including partners and information providers). Notwithstanding the foregoing, the Publisher is not in a position to verify the content of such sites that the User may visit, and therefore excludes all liability in respect of any risks relating to any harmful or unlawful content. The User is hereby notified that, when the User visits the site, one or more cookies may automatically be installed on the User’s computer. A cookie is a small file that does not enable the User to be identified, but which records information relating to browsing of the Site undertaken by a particular device. Data is obtained in this manner in order to facilitate later browsing of the Site and to record site visits for statistical purposes. Rejection of a cookie may prevent access to certain aspects of the Service.
7. APPLICABLE LAW AND JURISDICTION
Any dispute arising from the use of the Site is subject to French law. Each of the User and the Publisher accepts the exclusive jurisdiction of the French courts in the event of any dispute.
8. PERSONAL DATA
In France, personal data is protected (without limitation) by Law no. 78-87 of January 6th, 1978, Law no. 2004-801 of August 6th, 2004, Article L. 226-13 of the Penal Code and European Directive 95/46/EC of October 24th, 1995. The Publisher collects personal data relating to the User solely to the extent required by certain Services offered via the Site. The User knowingly provides such information, particularly in the event that such information is entered by the User personally, at which point the User is notified of any obligation to enter such information or otherwise. In accordance with the provisions of Article 38 et seq. of the Data Processing and Civil Liberties Act, Law no. 78-17 of January 6th, 1978, each User has the right to access, rectify, delete and object to any personal data relating to that User. To exercise this right, submit your signed request to the Publisher in writing, enclosing a copy of your proof of identity showing your signature, specifying the address to which the response is to be sent. No personally identifying information relating to the User is published without the User’s knowledge, nor shared, transferred, assigned or sold to any third party in any format whatsoever. Only in the event that the Site (including any rights arising from these terms and conditions) is purchased from the Publisher may such information be transmitted to any future purchaser, who shall in turn be bound by the same obligations to the User in respect of the retention and modification of personal data. Databases are protected by the provisions of the Law of July 1st, 1998, implementing European Directive 96/9 of March 11th, 1996, relating to the legal protection of databases.