Terms of use of the REWIND Application and website

 

Article 1. General

 

Rewind offers its users (hereinafter “the Users”) podcasting and on-demand listening services in geolocated streaming, making it possible to discover touristic heritage of a city (hereinafter “the Services”).

The Services are either free or not, available on the website www.rewindstories.fr (hereinafter “the Site”) as well as on the Rewind mobile application downloadable from Google Play and the Apple’s App Store (hereinafter “The Application”). They are jointly designated below by the “Rewind Services” or “the Services”.

The Site and the Application are edited and operated by the company Rewind (hereinafter referred to as “Rewind”), SAS with capital of € 10,526, registered with the Paris RCS under number 843 984 337 and whose head office is at 15 rue Saint Lazare , 75009, Paris.

The use of the Services is strictly subject to the prior acceptance, without restriction and without reservation, of these terms of sale and use of the Services (hereinafter “the General Conditions”).

These Terms of Use set the conditions for access, use and subscription to the Rewind Services and govern the contractual relationship between the User and Rewind.

Rewind reserves the right to unilaterally modify, at its sole discretion and at any time, all or part of these General Conditions. It will inform its Users of this via the Site or the Application. In the event that the User does not accept these modifications, he will be free to terminate his subscription from his Account and to close his Account. In the absence of termination, the new Terms of Use will therefore apply from the next subscription deadline following the effective date of the new General Conditions.

For any information or question concerning Rewind and its services, the User can contact Rewind via the Application by clicking on the “Your feedback” section or send an email to the following address: bonjour@rewindstories.com

 

Article 2. Definitions

 

“Subscription”: paid access right to the Services.

“Account”: space dedicated to a User and allowing him, using a combination of email and password, to log in and access the Services.

“User”: person using the Services.

“Content”: all the audio, visual, audiovisual, textual, graphic, photographic, etc. elements sent, transmitted, disseminated, published by Rewind or its partners, via the Site or the Application, in any form whatsoever, and in particular, in podcast format, text, image, video, audio.

 

Article 3. Conditions of access and use of the Services

 

Access to the Rewind Services is only possible from a personal computer equipped with at least internet navigation software, by connecting to the Site, or from a compatible mobile device, after downloading and prior installation of the Application. IOS 12 and Android 9.0 versions and above are recommended for the operation of the Application.

Access to Rewind Services requires an Internet connection and a mobile Internet connection where applicable. It is specified that these connections are not supported by Rewind and it is therefore the responsibility of the User to subscribe beforehand to an Internet and / or mobile Internet offer in order to be able to use the Rewind Services. A 4G standard mobile Internet connection is highly recommended.

Access to Rewind Services requires prior registration by creating an Account.

Registration is free and may give rise, under the conditions specified by the Application, to free Content. The User is informed that certain functionalities are chargeable.

Registration is reserved for natural persons over 12 years old and capable. It is strictly personal and a User can only have one Account.

The User is prohibited from using the Services for commercial, advertising or political purposes.

To register, the User must create an Account by clicking on one of the tabs reserved for this purpose (“Registration by email”, “Sign in with Facebook” or “Sign in with Apple”)) and by formally accepting these General Conditions.

In the event of registration by email, the User must provide the following information:

 

  • First name
  • Last name
  • City
  • E-mail

The User must then choose a password of at least four characters.

Facebook and Apple registration is intended to simplify the registration process. This is a non-mandatory option. This use is likely to result in the collection of your personal data by the social network concerned.

 

We invite you to be vigilant and consult the personal data protection policies of the social network in order to be aware of the information it collects as well as the purposes for using your data, in particular for advertising purposes. Similarly, in the event of registration with their Facebook account, the User accepts that Rewind can receive public information from their profile (ID, last name, first name, email address, country and profile photo),

The User guarantees the veracity of the information he communicates when creating his Account and undertakes to update this information, if it changes during the period of his registration. Rewind cannot be held responsible for failures in the Services which are linked to erroneous information communicated by the User.

In the event of disconnection, the User accesses their account by entering their email address and password in the “Already registered?” Tab. To log in “.

The User is solely responsible for preserving the confidentiality of their password and for all acts involving the use of their username and password. In the event of the loss or theft of their password or, more broadly, a security breach, the User must immediately contact Rewind at the address: bonjour@rewindstories.com. In any case, the User is solely responsible for the consequences of the use of his account, until the deactivation of it. The User releases Rewind and its partners, contracting parties or assigns of any responsibility in this regard.

 

Article 4. Description of Rewind Services

 

 

The Rewind Services are services allowing, by means of the creation of an Account, to access Content (in particular podcasts: digital audio audio texts) presenting tourist, historical or unusual places.

These podcasts can be accessible at any time (“Funfacts”) or through themed tourist tours using real-time technologies from the User (“guided tours”).

Funfacts are accessible from the Site or the Application. Guided tours are only accessible from the Application. Funfacts and guided tours can be selected according to their theme or location.

Funfacts last between 30 seconds and one minute and correspond to a fixed geographic point.

The guided tours last between 45 minutes and 1 hour 15 minutes. The User can follow the route of the guided tour chosen on the screen of their mobile device and benefit from audio automation depending on their position geographical.

When the User is roaming, Funfacts and guided tours are indicated, when the Application is activated, by a notification according to the geolocation of the User using his mobile device and provided that notifications have been authorized in the settings of the mobile device used. Otherwise, they can be selected manually. The User can also choose to be driven via the Application to the starting point of the guided tour or to the Funfact site using the GPS of his mobile device.

Most of the functionality of the Application requires the use of geolocation and precise tracking of the User, for example using GPS or other signals from the mobile device on which the Application is activated. These functionalities cannot be provided without activation of these geolocation technologies (see the privacy policy).

Availability and modification of Rewind Services

The Rewind Services are in principle accessible 24 hours a day, seven days a week, within the limits of the abovementioned conditions of access and use and the stipulations of article 8 Liability below.

However, Rewind reserves the right, without notice or compensation, to temporarily suspend access to the Services:

 

  • For the purpose of making any modifications, adaptations and improvements to the Services, in particular related to technical developments as well as modifications or additions to the functionality of the Services, in the graphic interface or design of the Site or Application. Rewind undertakes that this does not result in any deterioration in quality or substantial modification of the functionality of the Services.
  • For the purpose of ensuring maintenance operations.

The User releases Rewind from any responsibility in this regard and waives any claim and / or procedure against it as a result.

Article 5. Pricing conditions – Absence of right of withdrawal

 

5.1 Absence of right of withdrawal

 

In accordance with the provisions of article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content not supplied on a material medium whose execution has started after express prior agreement of the consumer and express waiver of his right of withdrawal.

The User who subscribes to a subscription (hereinafter “Subscriber” expressly accepts (i) that the supply of one of the Rewind Services begins upon validation of his registration to one of the Rewind Services either before the end of the withdrawal period for fourteen (14) clear days provided for by the Consumer Code and (ii) agrees to expressly waive the right of withdrawal related to distance contracts.

Consequently, no request for withdrawal, cancellation or refund will be admissible for the period subscribed on this basis.

 

5.2 Purchases – Duration

 

Users can access the Services either by unit purchases or by subscribing to a subscription which allows access to all of Rewind’s Services. Purchases are made from the Application.

Unit purchases of guided tours allow the User to carry out each guided tour twice as long as he has an Account on the Application and the Site. Unit purchases of funfacts allow the User to have access to the Content purchased as long as he has an Account on the Application and the Site, while the subscription allows the User access to all Funfacts present on the Site and the Application in an unlimited way for the duration of the subscription.

The subscription is taken out for a minimum duration of one month. Unless terminated under the conditions provided for in article 5.5 entitled “Termination”, the Subscription is tacitly renewed for a period of one month on the anniversary date of subscription.

The first month of subscription is free and this free service is limited to a single registration (same IP address and / or same email address and / or same Account).

In the event of tacit renewal, the tariff then in force on the date of renewal for the subscription concerned will be fully applicable to the Subscriber, provided that the new tariff has been sent to the Subscriber under the conditions of the article 5.4 Prices below.

 

5.3 Subscription terms

 

The subscription, when offered for sale, is made from the Application or the Site. To subscribe to Rewind Services, the Subscriber must:

 

  • Choose the type of subscription desired between the different Rewind Services from the “Subscription” section accessible from his Account;
  • Fill in the different fields of the subscription form;
  • Confirm your registration by validating your subscription to a Rewind Service;
  • Confirm that he has read and accepted the General Conditions;
  • Pay the price of your subscription via the account entered in Google Play or Apple Store.

Subject to authorization of the transaction, Rewind sends the Subscriber (at the address provided by the latter when creating his Account) a confirmation email summarizing the characteristics of his subscription. Subject to the other stipulations of the General Conditions, the subscription to one of the Rewind Services does not take effect until Rewind sends the confirmation email referred to in the above paragraph. Rewind recommends that the Subscriber keep this email and / or print it.

5.4.Price

 

The prices for access to Rewind Services are indicated on the Application in euros and all taxes included.

Rewind reserves the right to modify the price of each of the formulas, the price applicable to the User being that in force on the day of its unit purchase, of its subscription to a subscription or of its renewal.

In the event of renewal, Rewind will inform each Subscriber by email at the address entered in their Account of any rate increase (including an increase or creation of taxes) at least 1 month before it takes effect. In such a case, the Subscriber who does not accept this rate increase will be free not to renew his subscription from his Account as indicated in the Termination article, this termination taking effect on the next subscription deadline. Otherwise, the new pricing will therefore apply from the next subscription deadline following the effective date of the new pricing.

Payment for the purchase price is made directly to Rewind on the Site or through the Apple Store or Google Play platforms that carry out the transaction. The conditions defined by these platforms apply to payment (see Apple Store conditions (https://www.apple.com/legal/internet-services/itunes/vppbusiness/au/terms.html) and Google Play ( https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=be

)).

The purchase price is paid in advance and, for the subscription, on a monthly basis or any other periodic interval communicated before the purchase by the Application.

 

5.5 Termination of the automatically renewable subscription

 

To terminate his subscription, the Subscriber must notify him from his Account on the Site or on the Application by clicking on the “Unsubscribe” tab from the “Subscriptions” section accessible, once connected, from the User account.

The cancellation will be taken into account at the end of the current subscription period provided that its notification has been sent at least 24 hours before its end.

In case of non-compliance with this notification period, the subscription is entirely renewed.

The termination does not entail any refund of the subscription price. All the sums paid under the subscription will remain definitively vested in Rewind.

5.6 Suspension and / or early termination at the initiative of Rewind or the User

Without prejudice to any damages that Rewind may request, Rewind reserves the right to suspend or terminate a User’s access to the Rewind Services and / or to terminate ipso jure, without notice or compensation, the subscription to the Services Rewind in case of:

 

  • non-compliance by the User with these Terms of Use and in particular:
  • non-respect of the intellectual property rights of Rewind and / or its partners;
  • circumvention or attempted circumvention of the technical protection measures implemented by Rewind;
  • providing false information when registering for the Rewind Services;
  • use of the Account by people other than the informed User.
  • total or partial non-payment by the Subscriber of the price of his subscription to Rewind Services;
  • non-compliance with applicable laws and regulations.

For its part, the Subscriber may terminate his subscription, without notice or compensation, for the benefit of Rewind in the event of serious breach by Rewind of its main obligations defined in these General Conditions.

 

Article 6. Declaration of capacity

 

The User declares to have the legal capacity allowing him to validly accept these General Conditions, that is to say to have a legal majority and not to be the subject of a legal protection measure for adults or, if the User is minor, hold a parental authorization allowing him to make a valid commitment under these terms.

 

Article 7. Territory

 

Subscription to Rewind Services is open to anyone.

 

Article 8. Liability

 

Rewind undertakes with the User to provide the Rewind Services in diligent professional, within the framework of an obligation of means.

The functioning of the Application, the Site and the Services are notably based on technologies developed and exploited by third parties for which Rewind has no means of intervention. Thus, Rewind can in no way be held responsible for any malfunctions in access to the Rewind Services or for the temporary or permanent inaccessibility of the Rewind Services, which would be linked to technical hazards (unavailability of the GPS signal, actual conditions different from the results on the map and content, unavailability of the host or geolocation providers, maintenance operation, etc.).

Rewind cannot be held responsible for third-party applications or third-party content offered by a third party on or through the Rewind Services or for advertisements appearing when using the Services.

It is the User’s responsibility to protect their equipment against any form of intrusion and / or contamination by malicious or harmful programs. Rewind can in no way be held liable for damage that may occur in such cases. Rewind can not generally be held responsible for any malfunction or any deterioration of the User’s equipment related to the use of the Services.

The User declares that he has had access to information relating to the functionality of the Services and the equipment required for their use. This information may again be communicated to the User upon request from him to bonjour@rewindstories.com. Rewind cannot be held responsible in the event that the Services prove to be incompatible with certain User equipment or their functionality.

Rewind disclaims all responsibility if a breach of any of its obligations was the result of a case of force majeure as defined by French law and jurisprudence, including, but not limited to, in the event of disasters, fires, internal or external strikes, internal or external failures or breakdowns.

The User is also solely responsible for the adequacy of the Services to his needs. Finally, the User is solely responsible for the use he makes of the Rewind Services and cannot hold Rewind responsible for any complaint and / or procedure against him due to the use of the Services. The User is responsible for his progress according to the indications of the Application and for its consequences in all circumstances with regard to third parties and with regard to himself. In particular, the User acknowledges that the use of the Services does not exempt him from scrupulous compliance with road legislation and undertakes to act and move forward with discernment and precautions.

The User undertakes to make his personal business of any complaint, claim, or opposition and more generally of any procedure brought against Rewind emanating from a third party which is linked to his use of the Rewind Service.

Article 9. Intellectual property

The Site and the Application as well as all their content (brands, photographs, texts, illustrations, videos, graphics, software etc.) belong to Rewind and / or its partners who are the sole owners. All these elements are protected under intellectual property rights and in particular copyright. Any reproduction, representation, use or adaptation, in any form whatsoever, partial or total, of all or part of these elements, without the prior authorization of Rewind is strictly prohibited. Rewind grants to Users, on a non-exclusive basis, the right to use the Site and the Application and their content to the extent necessary for the use of the Services.

 

Article 10. Invalidity of a clause

 

In the event that one of the provisions of these Terms of Use is declared invalid or unenforceable for any reason whatsoever, the other provisions will remain applicable without change.

 

Article 11. Applicable law and litigation

 

These Terms of Use are subject to French law.

In the event of a dispute, the parties will seek an amicable solution before any legal action. If these attempts fail, all disputes related to the validity, interpretation and / or execution of these Terms of Use must be brought before the competent courts under the conditions of ordinary law.

The User is further informed that he may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative method of settling disputes (conciliation, for example) in the event of a dispute.

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