TERMS OF SALE
Version
of May 2020
Whereas
DIGITAL
GLOBAL PASS, a simplified joint stock company (SAS), with
share capital of €10,000, registered in the Aix-en-Provence Trade and Companies
Register under number B 390 944 429/ EU VAT no. FR 91 390 944 429, whose
registered office is located at 350 rue Denis Papin – Parc de la Duranne –
Domaine du Tourillon – 13100 Aix-en-Provence – France (hereinafter the
“Company” or “DGP” or “Digital Global Pass”), provides a service enabling users to view videos on demand by streaming on
desktop and mobile devices. The topics include international news,
politics, people, sport, extreme sport, humor, tutorials (do it yourself,
decoration, cooking), entertainment (series, short films, feature films).
Access
to the services provided on the site https://veedz-ie.com/ accessible on the mobile Internet
(hereinafter referred to as the « Site ») means
unqualified agreement with these provisions (hereinafter referred to as the
“ToS”).
ARTICLE 0: DEFINITIONS
ToS:
means these
Terms of sale.
ISP:
means an
Internet service provider.
Contents:
means the on-demand
video(s) and/or short film(s) and/or series(s) provided to Users by Digital
Global Pass. On-demand videos are intended to be streamed and available on https://veedz-ie.com/
their Mobile Device as part of the Service on their Device.
Digital
Global Pass: means
DIGITAL GLOBAL PASS.
Plan: means
signing up for the weekly or monthly plan, with a minimum duration of one week
or one month (depending on the plan that you sign up for), to make unlimited
use of the Service and to access the in under the Plan. The Plan is
automatically renewed for successive periods of one week or one month, as the
case may be, until terminated by the User under the conditions specified in the
Terms of Sale.
Service:
means
the content provided by Digital Global Pass to Users under a Plan.
Site: means
the website and/or web promotion pages (« landing page ») published by
Digital Global Pass on which the Content is offered.
Promotional
Material(s): means the material on which Digital
Global Pass promotes its Service. These may include newsletters, websites, web
pages, mobile banners.
Devices:
means
Desktop and Mobile Devices.
Desktop
Device: means
anycurrent or future desktop device
connected to a radio-electric telecommunications network, including in
particular any computer (particularly of the PC, MAC kind), compatible
connected TV allowing access to the Service.
Mobile
devices: means
anycurrent or future mobile device
connected to a radio-electric telecommunications network, including in
particular any smartphone or compatible connected tablet allowing access to the
Service.
User(s):
means the person(s)
who subscribed to the Service.
ARTICLE
1: PURPOSE
The
purpose of these ToS s to govern the
conditions under which the Service is offered to User; this Service enables
Users to view Content via streaming on
Desktop and Mobile Devices. The Service offered by Digital Global Pass is a
service accessible by subscription. On the http://www.veedz.ie.com/
website, promotional web pages or via the Applications. The Plan is billed to
the User via Mobile Operator payment solutions or by debit from his/her bank
card.
The mere fact of using the Service
means the outright acceptance of these ToS by the User.
ARTICLE
2: CONDITIONS FOR ACCESS TO SERVICE
2.1.
Access to and use of the Service is reserved for adult individuals.
If the User is a minor individual, the
User represents and acknowledges having obtained prior authorization from
his/her parents or from the holder(s) of parental authority to subscribe to and
use the Service. The holder(s) of parental responsibility have agreed to be
guarantor(s) of the User’s compliance with all the provisions of these Terms of
Sale. The holder(s) of parental responsibility are urged to monitor the use
made by their children of access to the Service and to keep in mind that the
Service is designed to reach a wide audience. It is the parents’ responsibility
as their legal representative to determine which Service is or is not
appropriate for their child(ren) and to monitor their use of the Service.
For
use at the workplace, the User must request permission from their employer or
supervisor.
2.2.
In order to access the Service, the User must in particular:
– have an Internet plan, and if applicable a
mobile phone plan or an Android or IOS mobile device,
– subscribe to the Plan on the Site, a
promotional web page,
- comply with the
conditions of use of its Terminal indicated by its manufacturer and its mobile
telephone operator,
- check that the
memory of their Device is not full,
- make sure that
Device is compatible with the desired Content,
- go to https://veedz-ie.com/ to
stream films on a desktop device,
- check that their
email box is configured to receive emails from Digital Global Pass;
- enter accurate
information when subscribing for a Plan and in particular their:
Once
the Plan has been subscribed, the User will receive an email confirming
registration for the Plan containing his/her login details enabling him/her to
access his/her Member Area and view the Content of his/her choice. The User is
billed, as the case may be, on his invoice from ISPs or mobile telephone
operators or on his bank account.
The
Service is accessible to Users who have air time plans with mobile telephone
operators Proximus, Base and Orange.
ARTICLE
3: CONDITIONS FOR ACCESS TO THE SERVICE
The User must perform the operations
indicated below to subscribe to the Service (the Plan) in order to be able to
view the Content(s) of his/her choice as part of the Service on his/her device.
The User has different means of payment: this is payment will be billed either
by the Mobile Operator, or directly debited from the User’s bank card. The
Company shall offer the User either of these payment methods based on the
User’s customer profile.
- If payment billed
by Mobile Operator
The User is asked to subscribe to the
Service by paying via the mobile operator’s payment method.
- The User selects
Content on the Site or a Digital Global Pass Promotion Material.
- An Internet window
of the operator opens, the user can validate the payment by clicking on Confirm
- The User receives a
confirmation of his Plan by text message from his mobile phone operator.
- The User receives a
confirmation e-mail or text including his/her access to his/her Member Area,
enabling him/her to log in and choose to view Content on the mobile and web
media that he/she has selected for subscription to the Service.
- The User may at any
time, via the Site or mobile applications, view the list of Content and
Recreational Content available in connection with the Plan.
- If payment is
directly debited from a bank card
The User may subscribe to the Service
under a Plan by paying by direct debit from his bank card directly from the
Site.
If the User is asked to subscribe to the
Service by paying by the method of payment by bank card on the Site, this
method of payment is carried out in several stages:
- The User selects Content
on the Site, a page containing a bank card form is displayed;
- The User enters
his/her e-mail address in order to receive links enabling him/her to view the
Content once his/her weekly, monthly, quarterly or annual plan has been
subscribed and is asked to enter his/her banking information, namely the name
of the cardholder, the bank card number, the expiry date and the last three
digits of the number written on the back of his/her bank card; this same page
summarizes the subscription to the Service;
- The user then
confirms his or her payment by bank card
- The User receives a
confirmation e-mail including his/her access to his/her Member Area, enabling
him/her to view the Content that he/she has selected as part of the
subscription to the Service.
- The User may at any
time, via the Site or Applications, view the list of Content and Recreational
Content available in connection with the Plan.
ARTICLE
4: CONDITIONS FOR VIEWING CONTENT AND RECREATIONAL CONTENT
A
Plan is entered into for weekly or monthly periods and is automatically
renewable by subsequent periods of one week or one month (depending on the
initial term of the Plan subscribed) until termination by the User under the
conditions mentioned in Article 5.5 of these ToS.
- Viewing of Content
and Recreational Content in connection with Plan
After subscribing to the Service, the
User receives access to his/her Member Space in which he/she can select the
Content of his/her choice, to stream it on all devices.
The User may view as much Content as
he/she wishes, from the Content offered.
- Duration of
validity of access to view the list of Content
The User may view the selection of
Content and view the Content on all devices for the period of validity of his/her
Plan from his/her Member space.
Once
their subscription has been confirmed, regardless of the billing method chosen,
the User will receive an email from the Digital Global Pass summarizing their
login credentials and password to access their members area on the Website. The
user name is the email address entered at the time of subscription to their
Plan. They are asked to go to their Member space to change the password
assigned by Digital Global Pass.
Once
registered, the User can access his/her Member Space on the Site or on the
Application.
ARTICLE
5: PRICES AND PAYMENT
5.1. The prices
applicable to the Service
The prices applicable to the Service
are presented on the Service presentation screens and/or on the Promotional
Materials. These prices are denominated in EUR (€) and all taxes included
(incl. taxes).
Any change in the applicable statutory
VAT rate shall be automatically added to the price of the Service on the date
provided for by the regulations.
The applicable price may vary
depending on the method of payment of the Service. The
price indicated does not include any additional cost related to connection to
the WAP or Internet, billed in addition by the mobile telephone operator.
The
financial terms applicable to the Plan are governed by the ToS in force at the
time of subscription.
5.2. Payment
methods
Payment for the Service subscribed to
by the User shall be billed to his/her mobile telephone operator’s bill or
billed by direct debit to a bank card.
5.3. Withdrawal
period
In accordance with French
consumer rights’ legislation (French Consumer Code, article L. 121-21), we
hereby inform the User that they have a period of fourteen (14) clear days from
acceptance of and subscription to the Service to exercise their right of withdrawal
without having to provide any justification for the said withdrawal or pay any
penalties, with the exception, where applicable, of the return costs.
The
fourteen (14) day period shall run from the date on which the agreement is
entered into.
To
exercise their right of withdrawal, the User
must notify us of their decision by means of a straightforward statement to be
sent to us as soon as possible:
• by e-mail: customer@veedz-ie.com;
Or
by
– by regular mail to the following address (does not require postage):
Service Client Libre
Réponse 94119 – 13629 Aix en Provence cedex 1
The
User must specify in their request the
following items in order to enable the processing of their request:
–
the full contact details (surname, first name, postal address, email address)
of the User;
–
the name of the relevant department;
–
the reason for the request;
–
the User’s telephone number and/or email address as provided at the time of
subscription;
–
the payment method used;
–
the mobile phone number;
–
bank account details.
An acknowledgment of receipt is sent to the User by email when we receive their
request for withdrawal.
If the User withdraws from this agreement, the
Company shall refund all payments received from the User no later than fourteen
days from the day on which the Company is informed of their decision to
withdraw from this agreement.
5.4.
Canceling the Plan
Customers
who wish to cancel their plan are asked to refer to the provisions relating to
this subject from the « Cancel Your Plan » or « Pricing terms and
conditions » section on the Website home page.
ARTICLE
6 – USER LIABILITY
If requested, the User undertakes,
during the subscription process, to provide complete and truthful information.
The User is informed that in the event
of a choice, incorrect or omitted information on its part or non-compliance
with the subscription procedure, the price of the Service will be debited to
it, even if the User’s e-mail address has not been duly entered or is
inaccurate or if the User’s Terminal cannot read the chosen Content.
The User is solely liable for the use
he/she makes of his/her mobile telephone line which he/she owns and his/her
access to the Internet. Therefore, any subscription to the Service made through
their mobile phone line and/or Internet access is deemed to have been made
solely by the User.
The User is authorized to subscribe to
the Service and to view the Content via streaming on the Android, IOS and
Desktop Device Applications solely for their personal use. In particular, the
User is prohibited from using the Service for business, commercial or
promotional purposes.
The User is also prohibited from:
- assigning,
transmitting or transferring reproductions of the Content or Recreational
Content, assigning, offering, making available, renting the Content(s) or
Recreational Content, by any means whatsoever;
- publishing,
online or otherwise, or distributing any image, sound, file, graphic, animation
or any other element of any Content or Recreational Content,
- using
the Service in a manner that may directly or indirectly infringe the
Publisher’s or a third party’s intellectual property rights, and that may in
particular cause damage to one’s honor, personal or family privacy, the
likeness of third parties or morality;
- extracting
by permanent or temporary transfer all or a quantitatively or qualitatively a
substantial part of the Content or Recreational Content or database comprising
the Service on another medium, by any means and in any form whatsoever, as well
as the reuse by public communication of all or a quantitatively or
qualitatively substantial part of the Content or Recreational Content, in any
form whatsoever;
- attempt
to perform any of these actions.
ARTICLE
7: INTELLECTUAL PROPERTY
The User is informed and expressly
acknowledges that any Content or Recreational Content, graphic document or
software offered in connection with the Service, and more generally the entire
Service is protected by the laws relating to intellectual property and is the
property of Digital Global Pass, its successors in title or the third party
owner of the copyright. All copyright of authors, composers and publishers of
Content or Recreational Content disseminated and reproduced on the Digital
Global Pass websites and/or its promotional web pages are reserved.
Any use of such works other than for
the private use of the Content or the Recreational Content in accordance with
the provisions of these ToS is prohibited.
The authorization to view the
Content(s) granted to the User, in return for payment, does not confer on it
any title or property rights, which remain reserved for their authors and
assigns. This authorization is granted on a non-exclusive, non-assignable and
non-transferable basis. Any other use is expressly prohibited. In particular,
the User is not authorized to copy, reproduce, translate, extract, modify or
spin off products from any Content or Recreational Content or any component of
the Service.
The
brands, whether figurative or not (hereinafter together « the brands »)
displayed on this Site or in any newsletter are brands, whether registered or
not, belonging to Digital Global Pass and third parties. The mention of the
brands on this Site does not in any way implicitly or explicitly constitute a
concession of the right of use, a license or any authorization relating to the
said brands without a written agreement from Digital Global Pass or the
relevant third party. Any use not explicitly authorized by the holders of the
brands mentioned on the Website and in its content, other than that granted
hereunder, is strictly prohibited. Digital Global Pass warns the User against
any legal action that might be taken by the latter to ensure compliance with
its intellectual property rights, including at the criminal level.
ARTICLE
8: Digital Global Pass’s LIABILITY
As
the Service offered by Digital Global Pass is based on the use of complex
technologies, Digital Global Pass makes no undertaking to obtain a given
outcome and no such undertaking may be required of it in respect of the
provision of the Service; Digital Global Pass’ only commitment is to provide
the means.
Digital
Global Pass shall make its best efforts to make the Service accessible at all
times, excluding cases of force majeure, events beyond its control and
maintenance operations necessary to ensure the proper operation of the Service.
Without
prejudice to the above, the User acknowledges that the Service is provided to
him/her « as is » by Digital Global Pass and without any implicit or
explicit guarantee of any kind, in particular with regard to the User’s
complete satisfaction.
The
User acknowledges in particular that they may not hold the Digital Global Pass
liable if they believe that the Service and/or their Content does not meet
their expectations.
Notwithstanding
any exemption from liability stipulated elsewhere in these Terms of Sale,
Digital Global Pass shall not be liable in particular in the following cases:
- –
difficulties in accessing the Service due to total or partial non-compliance by
the User of their obligations, the use by the User of devices not suited to the
characteristics of the Service or the Content offered, a failure and/or
overload of telecommunications networks or due to third parties, and in particular
telephone operators;
- contamination
by virus or any other risk factor related to the Content, Service and the
User’s devices, or other malicious intrusion by third parties despite the
reasonable security measures put in place by Digital Global Pass,
- improper
use of the Service by the User;
- damage
that the User’s equipment may suffer, for which the User is entirely liable.
- infringement
by a User of the rights of a third party, including infringement of
intellectual property and copyright rights,
In
particular, Digital Global Pass shall not be liable for any interruptions to
the Services due to causes not directly attributable to it and/or beyond its
control, for example due to a malfunction of the telephone network.
As
part of the provision of the Service, Digital Global Pass is therefore required
to use the services and distribution networks of third-party companies, over
which it has no control.
Digital
Global Pass cannot therefore be held liable in particular for possible delays
in the distribution of the Content ordered by the User, permanent or temporary
interruptions in the transmission of data to the User’s Device, or for any
other service provided by a third party.
The
Service may be suspended by the Digital Global Pass for maintenance purposes
for periods not generally exceeding 48 hours, without the User being able to
demand any compensation.
Digital
Global Pass may, at any time, stop providing the Service, in whole or in part.
It
is expressly agreed that if Digital Global Pass were to be held liable, such
liability would in any event be limited to compensation only for the direct
losses, to the exclusion of any indirect losses, whatever they may be (such as,
notably, disappearance, loss, damage to data and/or any damage likely to alter
the User’s equipment).
The
Site may contain images and links to websites managed by third parties
(« Third-Party Sites »). Digital Global Pass has no control over the
Third-Party Sites and assumes no liability for their content, including the
content of links presented on the Third-Party Sites, or any modifications or
updates made to a Third-Party Site. Digital Global Pass is not liable for the
dissemination on the Web or any other form of transmission received from a
Third-Party Site, or even for the malfunction of the Third-Party Site(s). These
links are provided by Digital Global Pass for convenience only, and the
inclusion of any link does not mean that Digital Global Pass approves the
content of such sites or implies any association between Digital Global Pass and
the operators of such sites. Users are responsible for reading and complying
with any charter relating to the protection of privacy displayed on the
Third-Party Sites, as well as their terms of use.
Digital
Global Pass endeavors to deliver the Content ordered as quickly as possible.
However, in order to use the services and distribution networks of third-party
companies over which Digital Global Pass
has no influence in terms of availability, Digital Global Pass shall not be
liable for any delays in the transfer of the Content ordered by the User on a
per-item basis or by plan, nor for a temporary or permanent interruption of the
transmission of data to the User’s mobile phone or computer if this is not
caused by Digital Global Pass. Digital Global Pass reserves the right to
temporarily suspend access to the products for maintenance and repair work on
the Website.
Use of the Content available at
Digital Global Pass requires the use of certain technical systems such as
mobile phones, computers, computer programs, means of transmission,
telecommunication services and other services of third-party companies, which
may result in additional costs. These costs shall be borne by the User. Digital
Global Pass does not provide any of these technical systems and is not liable
for them.
Article
9 – Protection of personal customer data
Whereas
The
following information is provided to you so that you can become aware of the
commitments in terms of the protection of the Digital Global Pass’ personal
data, the rights you have in this respect, and the conditions under which your
personal data are collected, processed, stored and archived.
All
of the Company’s commitments are described in its applicable personal data
protection policy (the data protection policy) available on request from the
following address: rgpd@digitalgp.com or on the website www.dgp-legal.com/donnees-personnelles-dgp/.
As part of its business, Digital Global Pass
carries out automatic processing of your personal data (hereinafter
“processing”). Accordingly, Digital Global Pass may collect your personal data
when it:
- offers you services;
- responds to your requests regarding the use of its services
The
personal data processed by Digital
Global
Pass
Categories of
Personal Data Processed
In
the context of your contractual or commercial relationship with Digital Global
Pass the following categories of personal data
are principally collected:
- Personal
data disclosed by you (data that the Digital Global Pass may collect when you
subscribe for products and services it provides or distributes or reports to
its partners);
- Personal
data on the operation of products and services, in particular when using online
services;
- Personal
data from third parties, other services or public information when allowed;
- Personal
Data inferred or calculated by the Company in compliance with data protection
requirements.
As a rule, Digital Global Pass does not process personal data
revealing racial or ethnic origin, political opinions, religious or
philosophical beliefs or trade union membership, health data, genetic data and
biometric data for the purpose of uniquely identifying an individual, or data
on an individual’s sex life or sexual orientation. Such processing will only be
implemented by the Company, if authorized by regulation or if you have given
your consent, for example by subscribing or using services for that purpose,
such as community services or meetings, or by choosing to provide them to us.
The
Legal Basis for the Collection of your Personal Data
In compliance with data protection regulations[1], Digital Global Pass collects your personal data and
implements a processing respecting the rights of its customers on the basis of
your consent, where necessary for the performance of pre-contractual or contractual
measures, to comply with its legal or regulatory obligations or where justified
by its legitimate interests.
By way of example, the following are considered to be in the
legitimate interests of Digital Global Pass: the improvement of the knowledge,
segmentation, profiling or prospecting of its customers.
The legal and regulatory requirements by which Digital
Global Pass is bound are described in its Personal Data Protection Policy.
Duration
of Data Storage
Personal
data are stored in accordance with the duration required for the purposes for
which they are collected, either during the term of the agreement, plus the
legal time-bar periods, or to ensure compliance with the legal or regulatory
obligations to which Digital Global Pass is bound.
The storage periods for personal data are
specified in the personal data protection policy available
on the website www.dgp-legal.com/donnees-personnelles-dgp.
Recipients
of Personal Data Processed by Digital Global Pass
The personal data collected, as well as the personal data
subsequently gathered by Digital Global Pass, are intended for it as the Data
Controller. As such, it ensures that only authorized persons can access it.
Your data may be communicated, shared or pooled by companies
in the Digital Virgo group. They may be
communicated to their service providers, partners, third parties you have
authorized or to third parties in order to meet legal or regulatory obligations
or for the execution of contractual measures.
The third parties likely to be recipients of your data are
listed in the personal data protection policy.
Digital
Global Pass is not responsible for the
processing of your personal data which you may have authorized to third parties
and which are not shared with them, such as social media. It is your
responsibility to refer to the data protection policies of these third parties
to verify the conditions of the processing carried out or to exercise your
rights in respect of this processing.
Purposes
of Processing
The personal data collected will be used for the purposes
indicated in the personal data protection policy available
on the website, such as the use of the services offered by Digital Global Pass
and the management of access to the service.
Security
Measures
Digital
Global Pass takes into consideration the nature
of the personal data and the risks involved in the processing and the
technical, physical and organizational measures necessary to safeguard the
security of the personal data and prevent them from being distorted, damaged or
accessed by unauthorized third parties.
Digital
Global Pass selects subcontractors or service
providers that provide safeguards in terms of quality, security, reliability
and resources to ensure the implementation of technical and organizational
measures, including with regard to the security of processing. Sub-contractors
and service providers undertake to maintain confidentiality levels that are at
least the same as those of Digital Global Pass.
To
secure transfers outside the European Union, Digital Global Pass may, for
example, put in place Binding Corporate Rules (BCR) or any other clauses
safeguarding data security, in order to control flows. Where applicable, flows
outside the European Union implemented by the Digital Global Pass are covered
by the personal data protection policy available at the following address:
www.dgp-legal.com/donnees-personnelles-dgp.
Your
Rights
Your
rights with regard to the protection of your personal data may be exercised solely
in accordance with the terms and conditions provided for in the personal data
protection policy available on the website and by the regulations relating to
the protection of personal data.
On this data, you have
dedicated rights:
- a
right to information relating in particular to the purposes, legal bases for
the processing, the recipients, the existence of a transfer outside the
European Union or the duration of the storage of your data;
- a
right of access allowing you to have confirmation that personal data about you
is being processed;
- a
right of rectification allowing your data to be rectified or supplemented;
- a
right to erasure where: your personal data are no longer necessary for the
purposes for which they were collected; you have withdrawn your consent; you
object to the processing concerning you; the processing does not comply with
the applicable legal and regulatory provisions; and where the personal data
relates to children under the age of 16 in some cases, provided that one of the
legal conditions does not apply;
- a
right to take your data with you ( portability) relating to personal data,
which does not infringe the rights and freedoms of third parties and
exclusively under the conditions set out in the data protection policy;
- a
right to object;
- a
right to limit data, in particular when the processing is unlawful;
- a
right to complain to the designated supervisory authority, the CNIL;
- a
right to give instructions concerning the storage, erasure and communication of
your data after your death to a trusted third party designated by decree.
Digital
Global Pass would like to inform you that failure to complete or change your
data may have consequences for the processing of certain requests in the course
of the contractual relationship, and that your request in connection with the
exercise of your rights will be stored for monitoring purposes.
These rights may be exercised electronically at the following
address rgpd@digitalvirgo.com or by mail to the following address Service GDPR, 350 rue
Denis Lapin 13 594 Aix en Provence Cedex 3 accompanied by a copy of any
identity document that you have signed.
Digital
Global Pass has appointed a Data Protection
Officer with the following contact details: rgpd@digitalvirgo.com
Profiling
and Scoring
During your relationship with Digital Global Pass, you may be
subject to marketing profiling, so that Digital Global Pass may offer services
and products that meet your expectations, profile and needs.
Promotion
of Services
Subject to legal exceptions, Digital Global Pass may only
send you information about its services and products if the said services or
products are similar to those to which you have already subscribed to or
consented to at the time of collecting the email address or your personal contact
details. You may unsubscribe at any time by clicking on the link in the email
or by answering STOP within the text message received.
Article
10 – Claims
Any complaint submitted by
the User to DGP may only relate to the 12 (twelve) months preceding the date of
receipt of said complaint. It must be in writing and sent either by post to the
following address: Service Client – Libre Réponse 94119 – 13 629
Aix-en-Provence 1 – France (mailing does not
require postage) or or by email to: customer@veedz-ie.com. DGP
shall not be required to process any requests submitted by other methods. To be
admissible, any request must include at least the following information:
– the full contact details
(surname, first name, postal address, email address) of the User;
– the name of the relevant
department;
– the reason for the
request;
– the User’s telephone
number as provided at the time of subscription;
– the payment method used;
– the mobile phone number;
– a copy of the payment
systems operator’s detailed invoice;
– bank account details.
Article
11 – Agreement between the Parties
The
ToS are a contract governing the relationship between Digital Global Pass and
the User. They supersede all previous provisions and express all the rights and
obligations of the User and DGP under this agreement.
Failure
by one of the parties not to claim a breach by the other party of any of the
obligations referred to herein may not be interpreted for the future as a
waiver of the obligation in question.
If
one or more provisions of the ToU are held to be invalid or held as such
pursuant to a law, a regulation or following a final decision by a court with
jurisdiction, the other provisions shall retain their full force and effect.
ARTICLE
12 – Disputes
These
ToU shall be governed by French law.
In
the event of a dispute (for which only French courts will have jurisdiction),
the User shall first contact DGP to find an out-of-court solution.
Mediation of Consumer Disputes:
In
accordance with the provisions of the French Consumer Code on “the process of
mediation of consumer disputes,” the User is entitled to use, free of charge,
the mediation service offered by DGP. The « consumer rights » mediator
thus provided is MEDICYS.
After
prior written steps taken by Users with DGP, this mediator may be contacted for
any consumer dispute whose settlement has not been successful, in the following
manner:
– electronically: www.medicys.fr;
– or by post: MEDICYS-Centre de Médiation et Règlement Amiable des
Huissiers de Justice, 73, Boulevard de Clichy, 75009, Paris
If
there is any dispute relating to the interpretation, performance and/or validity
of these ToU that cannot be resolved out of
court, the rules of legal jurisdiction shall apply.
ARTICLE
13: TERM
The term of these Terms of Sale is
limited to the use of the Service by the User.
For the Services (such as a Plan)
offered by Digital Global Pass, the User is informed that the subscription
period for such services may be limited, depending on the mobile telephone
operators or ISPs, up to an amount reached over a given period. In the latter
case, as soon as this limit is reached, the User’s subscription to the Service
is automatically terminated, except for the User expressly stating his/her
intention to renew it.
At any time, the User may interrupt
his/her subscription by following the procedure for unsubscribing from his/her
ISP or mobile telephone operator.
Digital Global Pass reserves the right, without formality and automatically, to
terminate the agreement to use the Service granted to the User without
compensation and without the right to a refund, in the event of a breach of one
of the clauses of these Terms of Sale and in particular of the obligations
incumbent on Users.
ARTICLE
14: COMPLAINTS
Any
complaint submitted by the User to DGP may
only relate to the 12 (twelve) months preceding the date of receipt of said
complaint. It must be made in writing and sent:
–
or by post to the following address:
Service
client – Libre Réponse 94119, 13629 Aix en Provence 1, France (the sending of
the letter does not require postmarking)
–
or by sending an email to customer@veedz-ie.com.
DGP
shall not be required to process any requests submitted by other methods.
To
be admissible, any request must include at least the following information:
–
the full contact details (surname, first name, postal address, email address)
of the User;
–
the name of the relevant department;
–
the reason for the request;
–
the User’s telephone number and/or email
address as provided at the time of subscription;
–
the payment method used;
–
the mobile phone number;
–
a copy of the payment systems operator’s detailed invoice:
– bank account details.
ARTICLE
15: Applicable law and jurisdiction
These
ToU shall be governed by French law.
In
the event of a dispute (for which only French courts will have jurisdiction),
the User shall first contact DGP to find an out-of-court solution.
Mediation of Consumer Disputes:
In
accordance with the provisions of the French Consumer Code on “the process of
mediation of consumer disputes,” the User is entitled to use, free of charge,
the mediation service offered by DGP. The « consumer rights » mediator
thus provided is MEDICYS.
After
prior written steps taken by Users with DGP, this mediator may be contacted for
any consumer dispute whose settlement has not been successful, in the following
manner:
– electronically: www.medicys.fr;
– or by post: MEDICYS-Centre de Médiation et Règlement Amiable des
Huissiers de Justice, 73, Boulevard de Clichy, 75009, Paris
If there is any dispute relating to
the interpretation, performance and/or validity of these ToU that cannot be resolved out of court, the rules
of legal jurisdiction shall apply.
ARTICLE
16: OTHER
The parties agree that their relations will be governed solely by
these Terms of Sale.
Contact – LEGAL NOTES
Site published by Digital Global Pass
Simplified joint stock company (SAS) with capital of €10,000
Registered in the Ai-en-Provence Trade and Companies Register
under number B 390 944 429. Registered office is located at 350 rue Denis Lapin
CS 90554 13594 Aix-en-Provence Cedex 3 – France
Intra-community VAT number: FR 91 390 944 429.
Publication Manager:
Guillaume BRICHE
User Department
Email address: customer@veedz-ie.com
By post (does not require
postmarking):
Service Client Libre
Réponse 94119 – 13629 Aix en Provence cedex 1
Host
Amazon Web Services EMEA SARL
38 Avenue John F. Kennedy, L-1855
Luxembourg
Telephone number: 00352 2789 0057
http://aws.amazon.com
[1]
General Data Protection Regulation
no. 2016/679 of 27 April 2016
