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The website https://www.elocance.com and the application associated with it (hereinafter the "Website" and the “Application”) are published by the MIND THE TEA corporation.
MIND THE TEA is a French corporation with a registered capital of 71,630 Euros, registered in the Paris Companies Register under number 819 411 430, and whose registered headquarters are located at 8 rue Lemercier, 75017 Paris, and which is represented by its President, Alexis BOTAYA.
1.2. The Host (hereinafter "the host"): The OVH corporation, whose headquarters are located at 2 rue Kellermann, 59100 Roubaix, registered in the Lille Companies Register under number 424 761 419.
1.3. In accordance with the French Data Protection Act of 6 January 1978, MIND THE TEA has made the requisite declaration to the French Commission nationale de l’Informatique et des Libertés, under reference number 1979110.
1.4. MIND THE TEA is hereinafter referred to as “ELOCANCE” for the purposes of the present General Terms and Conditions of Sale and Use (hereinafter the “GTCSU”).
1.5. Description of The ELOCANCE Service
The Elocance Service is a service provided and marketed by MIND THE TEA which allows users to use the Application to listen to any written digital content in audio format without uploading the content itself, thanks to a technology relying on voice synthesis and artificial intelligence.
The Elocance Service presents all digital content already made public online and available for free. Because ELOCANCE is only a reading tool made available to Users, MIND THE TEA therefore plays no role as a publisher in the visibility of these articles or other online content. MIND THE TEA neither reproduces nor republishes content protected by copyright.
ELOCANCE therefore contains source links to third-party websites in order to enable the User to constitute his/her own personal ELOCANCE library and to listen to personal content, or to any other content disclosed and freely communicated to the public that may interest said User, in audio format. In order to enable audio reading of online content located on third-party websites, the User must choose to enable said content by adding that reference to his/her personal ELOCANCE library.
By creating links towards said websites, ELOCANCE neither creates affiliation with these third-party websites, nor does it sponsor them. In addition, adding such links to ELOCANCE’s website shall in no case constitute an approval, a guarantee or a recommendation of these third-party websites.
MIND THE TEA shall not be held liable for any malfunction of hypertext links that send users to other websites, neither in terms of their content, their advertising, the products, services, and/or any other material available on and from said third-party websites.
The Elocance Service contains a Newsletter Option within the scope of which ELOCANCE is an aggregator and plays no editorial role. This option allows Users to access Newsletters that have been made public and are freely available online. The Subscriber is informed that by subscribing to this option, MIND THE TEA shall be authorized to send the Publisher his/her electronic contact information upon request.
1.6. In order to create an account on the Website and/or the Application and to access the ELOCANCE Service, each user (hereinafter “THE SUBSCRIBER”) must first create a personal account and, upon registering for an account, agree to and accept the present Terms of Sale and Service without reservation.
Pursuant to Article L.441-6 of the French Commercial Code, the present General Terms and Conditions of Sale and Use (hereinafter the GTCSU) shall constitute the sole basis of all commercial negotiations between the parties.
These general terms and conditions express the integrality of the parties’ obligations. The user is therefore deemed to have accepted them unreservedly.
ELOCANCE and the User agree that these general terms and conditions shall exclusively govern their relationship. ELOCANCE reserves the right to periodically modify its general terms and conditions. Any modifications shall be enforceable as soon as they are published online.
The User states that s/he has read these general terms and conditions and that s/he has accepted them prior to using the ELOCANCE website and service. In this respect, these terms are enforceable against the User pursuant to the terms of Article 1119 of the French Civil Code. Continuing to navigate this website shall constitute acceptance without reservation of the following terms and conditions of use.
The User agrees that s/he was informed of these general terms and conditions of sale and use, as well as of all information listed in Article L. 221-5 of the French Consumer Code, in a legible and understandable manner prior to subscribing to the ELOCANCE Service.
Should one or more of the stipulations of the present GTCSU be determined invalid or unenforceable, or so be declared pursuant to a law, regulation or final and non-appealable decision of a competent court of law, the enforceability or scope of any other stipulation of this agreement shall not be affected.
Until replaced by a new version, the version of the GTCSU currently published online is the only version enforceable for the entire period the Website is used.
MIND THE TEA reserves the right to modify these general terms and conditions of sale and use at its sole discretion. MIND THE TEA shall inform each Subscriber by email at the email address provided by the Subscriber on his/her account of any modifications to the present GTCSU at least 15 (fifteen) days before such modifications take effect.
In the event that the Subscriber does not accept these modifications, s/he shall be free to terminate his/her subscription within his/her account on the Website as indicated in Article 5.3, and this termination shall become effective on the date of the next monthly subscription renewal. In the absence of such termination, the new general terms and conditions of sale and use shall consequently be enforceable as of the date of the next monthly subscription renewal following the entry into force of the new terms of service and sale.
3.1. Legal Conditions
Accessing the various services on the Website and the Application is strictly subject to the Subscriber’s unreserved acceptance of and compliance with these GTCSU.
The Subscriber declares that s/he has the legal capacity to accept these general terms and conditions of sale and use, meaning that s/he is of age and is not subject to court-ordered guardianship or trusteeship or, if the Subscriber is a minor, s/he possesses parental authorization allowing him/her to subscribe.
The Subscriber declares that s/he is a resident of France and possesses a bank card issued in France by a French banking establishment.
Accessing and using the website are restricted for strictly personal use. Using the Website and the Application is only authorized within a family setting, and therefore any use outside of that framework, particularly for the provision of sound to public places, is expressly prohibited.
3.2. Technical Conditions
It is possible to access the Elocance Service on a personal computer via the Website and/or on a mobile device, via the Application.
Use of the Elocance Service requires a broadband internet connection. A broadband Internet connection is not supplied by MIND THE TEA, and it is therefore the Subscriber’s responsibility to subscribe to broadband Internet service prior to using the Elocance Service.
In order to subscribe to the Elocance Service, the User must:
create an account on the Website, or, if the Subscriber already has an account, log in from the browser’s web extension;
complete all fields on the Website’s account creation form;
confirm acceptance of these Elocance Service general terms and conditions of sale and use.
Once the Subscriber’s account has been successfully created, MIND THE TEA will send the Subscriber a confirmation email to the e-mail address provided by the Subscriber during account creation.
Subject to the other stipulations of these GTCSU for the Elocance Service, subscription to the Elocance Service only becomes effective when MIND THE TEA sends the confirmation email referred to in the foregoing paragraph. MIND THE TEA recommends that the Subscriber save and/or print this confirmation email.
The Subscriber may modify the password provided from within his/her account in the Application by clicking on the “My Account” page.
The Subscriber undertakes to provide true and sincere information concerning himself/herself.
The Subscriber undertakes to inform MIND THE TEA without delay of any modification of the information provided upon account creation, and in particular of any change of email address or means of payment. The Subscriber may modify this information from within his/her account on the Application by clicking on the “My Account” page.
The Subscriber must immediately inform MIND THE TEA of any loss or unauthorized use of his/her account or of his/her username and password. Usernames and passwords are personal, and the Subscriber agrees not to disclose them. Consequently, the Subscriber is solely responsible for their use.
The Subscriber is solely responsible for the consequences of using his/her account, and remains responsible for said use until said account has been deactivated, and, therefore, the Subscriber releases MIND THE TEA and its partners, contractual partners, or beneficiaries from any liability resulting therefrom, unless the Subscriber is able to prove that use of his/her username and/or password and/or account is the result of fraud that can be attributed to a third party.
In accordance with the provisions of Article L. 120-20-2 1° of the French Consumer Code, the Subscriber expressly acknowledges and accepts (i) that provision of the Elocance Service begins as soon as the Subscriber’s account for the Elocance Service has been confirmed, and therefore before the end of the fourteen clear days provided for by the Consumer Code and (ii) accordingly acknowledges and accepts that s/he cannot benefit from the right of withdrawal provided for in cases of online or distance sales. Consequently, no request for withdrawal, cancellation or refund will be admissible for the period subscribed.
MIND THE TEA offers the Subscriber a choice of two types of subscription of indefinite duration, renewable either monthly or annually (see Article 6.1 herein), which may be cancelled at any time by the Subscriber, pursuant to the stipulations contained in Article 5.3 herein.
It is also possible that trial or discovery offers for the Elocance Service of variable duration be proposed on the Website, either temporarily or not. Unless otherwise indicated, these trial or discovery offers shall be subject to these GCTSU and shall be limited to one single account creation (from the same IP [Internet Protocol] address and/or same e-mail address), and this shall apply to any and all trial or discovery offers.
In order to suspend or terminate his/her Subscription, the Subscriber must log in to his/her Google Play Store, iTunes Store, or App Store account from his/her computer or Android or Apple device Settings App on his/her mobile phone or tablet, go to the ELOCANCE Application icon, and select the “Suspend Subscription” or “Cancel Subscription” function.
Termination shall be effective at the end of the current subscription period paid for by the subscriber.
Termination shall not entail any refund of the price of subscription to the Elocance Service. All monies paid for the subscription are final sale and are the definitive property of MIND THE TEA.
The price of subscription to the Elocance Service is provided on the Website in Euros inclusive of all taxes.
MIND THE TEA offers two types of subscription:
The prices shown are estimates based on current exchange rates. The exact amount billed will vary based on the exchange rate in effect at the time payment is processed. The prices shown include taxes but not applicable fees, which will be added on to the cost of all services purchased. In order to determine the exact base price, the Subscriber must refer to the price given in Euros.
The Subscriber shall benefit from a free trial period of 14 days.
At the end of the free trial period, the subscription shall be billed via the Subscriber’s iTunes or Google Play account.
This subscription will be automatically renewed unless the Subscriber terminates subscription at least 24 hours prior to the end of the current period, including if this period is the free trial period.
The Subscriber may manage his/her subscription settings from the “My Account” page.
MIND THE TEA reserves the right to modify the price of each purchasing or subscription package. MIND THE TEA shall inform each Subscriber by email at the address provided by the Subscriber upon creating an account for use of the Elocance Service (or the new email address subsequently provided on Subscriber’s account) of any price increase at least 15 (fifteen) days before said increase becomes effective.
Any Subscriber not accepting this price increase may terminate his/her subscription from his/her account on the Website as indicated in Article 5 above, said termination shall take effect on the next monthly subscription renewal date. Should the Subscriber not terminate, the new pricing shall be applicable as of the next monthly subscription renewal date following the date the new pricing becomes effective.
Any increase in VAT (Value Added Tax) will be automatically and immediately applied to the price of the Elocance Service. The same will apply in the event of the creation of any new tax based on the price of the Elocance Service, and which MIND THE TEA would be liable for. The foregoing conditions of termination provided for in the event of a change in price of the subscription packages shall apply under the same conditions in the event of a change in price due to an increase in tax or the creation of new taxes.
Subscribers are reminded that connection and communication costs (Internet) related to the use of the Elocance Service shall not be borne by MIND THE TEA and they remain the sole responsibility of the Subscriber.
Methods of payment for the purchase or subscription price provided on the ELOCANCE Application are chosen by the Subscriber and entered via Subscriber’s Google Play Store or iTunes Store / App Store account.
In particular, the Subscriber may pay for his/her subscription by Visa or MasterCard bank cards issued in France by a French banking establishment, and via trusted third-party payments systems.
At the end of a trial period, which may be free, subscriptions must be paid monthly or annually in advance.
The first monthly payment or annual payment (according to the choice made by the Subscriber), will be made upon account creation by the Subscriber and payments shall continue to be made by automatic debit until the subscription is effectively terminated, in accordance with the terms of Article 5.3 supra, whether such termination be initiated by the Subscriber or by MIND THE TEA.
Bank information shall be processed and possibly retained, with the Subscriber’s authorization, by the secure websites via which Subscriber accesses the ELOCANCE Application (Google Play / Apple Pay), in accordance with these secure websites’ terms and information regarding security and confidentiality of their services. No bank information shall be processed directly by the MIND THE TEA website.
The Subscriber must consult the general terms and conditions of service of the provider it uses to access the ELOCANCE Application (Google Play / Apple Pay, etc.) and shall indemnify and hold harmless MIND THE TEA for any claims relating thereto.
The guarantees granted by MIND THE TEA regarding transaction security are identical to those that MIND THE TEA has received from the publishers of the payment systems being used.
In the absence of any proof to the contrary provided by the Subscriber, the computerized records stored in MIND THE TEA and its partners’ computer systems shall be considered proof of all communication, orders, validations and payments that have occurred between the Subscriber and MIND THE TEA.
This information will prevail unless the Subscriber provides written proof to the contrary. These data are stored on a trustworthy and durable medium so as to be an identical, full and durable copy in accordance with Article 1379 of the French Civil Code.
However, MIND THE TEA reserves the right to make any modifications and improvements it chooses to its system technology. MIND THE TEA agrees that such changes will not result in price increases, decrease in quality, or substantial modifications to the functionalities provided by the Elocance Service.
Furthermore, MIND THE TEA reserves the right, without notice or compensation, to temporarily suspend, interrupt or limit access to the Elocance Service in order to perform maintenance operations related to system technology or which are required in order for the ongoing provision of the Elocance Service.
In order to ensure proper Website management, MIND THE TEA may also at any time delete any information which might disrupt the functioning of the Elocance Service, or which is contrary to national or international laws.
In this respect, MIND THE TEA reserves the right to delete or deactivate display of and access to any public content that would infringe the intellectual property or property rights of any person, corporation or other entity.
The Subscriber releases MIND THE TEA from any liability with regard to the foregoing and waives any claim and/or suit against MIND THE TEA arising from the foregoing.
As far as possible, all service interruptions will be published on the Website at least 24 (twenty-four) hours before they occur, except when such interruptions are emergencies. MIND THE TEA also reserves the right to definitively cease providing the Elocance Service and shall owe no compensation or indemnification as a result of the exercise of this right.
Definitive cessation of the Service shall be notified via the Website at least 1 (one) month before it occurs, and the Subscriber shall not be liable for making any payment as of the date of cessation of the Service.
The Subscriber acknowledges that s/he is informed of the constraints and limits of Internet networks.
MIND THE TEA’s shall not be held liable in the event of failure, breakdown, difficulty or interruption of operation, which prevents access to the website or to any of its functionalities.
MIND THE TEA can therefore in no way be held liable for malfunctions in accessing the Elocance Service, for the speed of opening and viewing pages of the services, for the speeds of listening to phonographic recordings, for the temporary or definitive inaccessibility of the Elocance Service, or for third-party fraudulent use of information available on the Website.
Consequently, the Subscriber is responsible for protecting his/her computer or other equipment against intrusion of any form and/or contamination by viruses. MIND THE TEA cannot be held liable for any malfunction or damage to the Subscriber’s equipment.
In no case will MIND THE TEA be held liable in the event that the service it provides turns out to be incompatible with any of the Subscriber’s information technology equipment and/or functionalities.
More generally, MIND THE TEA assumes no liability whatsoever if a breach of any obligation was the result of a case of unforeseeable circumstances or force majeure, including, but not limited to, disasters, fires, internal or external strikes, internal or external systems failures or breakdowns, and in generally any uncontrollable and unforeseen event that prevents the proper execution of orders.
Lastly, the Subscriber is solely responsible for his/her use of the Elocance Service and shall not hold MIND THE TEA liable for any claims and/or suit against it resulting therefrom. The Subscriber also undertakes to personally handle any complaint, claim or opposition, and more generally any procedure or suit brought by a third party against MIND THE TEA, related to Subscriber’s use of the Elocance Service.
9.1. MIND THE TEA undertakes to comply with current legislation relating to privacy protection with regard to the automatic processing of personal data. The Website has been declared to the French Commission nationale de l’Informatique et des Libertés (CNIL) under reference number 1979110.
Information and data collected about the Subscriber are subject to computer processing and are compulsory because they are required for the management of the Subscriber’s subscription. Said information and data shall be retained for the term of Subscriber’s subscription and for three (3) years following termination for any reason whatsoever thereof. Said information and data may, for this purpose, be provided to the companies responsible for the management, execution and processing of payment transactions. Said information and data are also kept for security purposes, in order to comply with the legal and regulatory obligations to which MIND THE TEA is subject. Said data are processed and stored by the host of the Website, identified in Article 1 supra.
Pursuant to the French Data Protection Act no. 78-17 of 6 January 1978, the Subscriber has the right to permanent access, modification, rectification and opposition to the data concerning him/her. If s/he wishes to exercise this right and to obtain communication of information concerning him/her, the Subscriber may contact MIND THE TEA using the means set forth in Article 9.6 infra.
The Subscriber is informed that data concerning him may be disclosed in application of a law, a regulation, or by virtue of a ruling by a competent regulatory authority or court of law, or, if such disclosure is required of MIND THE TEA as part of legal proceedings.
If the Subscriber has consented, collected data may also be used as part of the handling of our commercial relations in order to create statistics that will be provided to the Publishers and also in order to allow MIND THE TEA to improve and personalize the services it offers the Subscriber and the information it sends the Subscriber.
This Charter is available at the following URL address https://www.elocance.com/en/privacy, and is an integral part of the present GTCSU.
The personal data collected on this website (or “Platform”) are as follows:
Account creation: When a user account is created, the user’s surname, first name, email address and date of birth are collected when the user creates his/her profile, or are sent when the user creates an account via LinkedIn Connect or Google Connect or Apple Connect.
Logging in: When the user logs into the Platform, it records the user’s name, first name, connection data, use data, location data and payment data.
Profile: Use of the services provided on the Platform allows users to fill out a profile.
Payment: During payment for products and services provided on the Platform, the Platform records financial data relating to the user’s bank account or credit card.
Communication: When the Platform is used to communicate with other members, data concerning the user’s communications are temporarily retained.
Cookies: Cookies are used as part of this website’s operations. The user has the option of deactivating cookies using his/her browser settings.
Personal data collected from Users are used to make the Elocance Service available, to improve it, and to maintain a secure environment. More specifically, such data is used in the following ways:
Allowing the User to access and use the Website;
Managing and optimizing the Website;
Verifying, identifying, and authorizing user-provided data;
Offering the User the possibility of communicating with other users of the Platform;
Making user assistance available;
Personalizing the services by displaying advertising related to the user’s browser history, according to the User’s preferences;
Preventing and detecting fraud, malware (malicious software) and handling security incidents;
Handling potential disputes with users;
Sending commercial and advertising materials, according to the User’s preferences.
Personal data may be shared with third-party companies in the following cases:
when the user uses payment services, MIND THE TEA is in contact with banking and financial companies with which it has entered into contracts, for the implementation of said services;
when the user authorizes a third-party website to access user’s data;
when MIND THE TEA uses the services of a provider to supply user assistance, advertising, and payment services. These service providers have limited access to user’s data as part of the performance of their services, and have a contractual obligation to use such data in accordance with the provisions of applicable regulations concerning personal data protection;
if required by law, MIND THE TEA may disclose data to respond to claims brought against MIND THE TEA and to comply with administrative and judicial proceedings;
if MIND THE TEA is involved in a merger, acquisition, disposal of assets or bankruptcy proceedings, it may have to sell or share all or part of its assets, including personal data. In this event, the User will be informed before personal data is transferred to a third party.
MIND THE TEA takes organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and MIND THE TEA cannot guarantee the security of transmission or storage of information on the Internet.
Pursuant to the regulations applicable to personal data, Users have the following rights:
a right of information and access, allowing you, for example, to verify the data concerning you that we store;
a right of rectification and erasure. You can therefore demand that information concerning you that is inaccurate, incomplete, ambiguous or outdated be rectified, added to, clarified, updated or deleted.
a right to limit processing;
a right to portability. You have the right to have the personal data you have supplied returned to you or, when technically feasible, transmitted to a third party;
a right to object to processing;
a right to deletion;
a right to provide instructions concerning further processing of your personal data after your death;
a right to withdraw your consent. For example, if you have given your consent to the processing of your personal data (e.g. cookies), you have the right to withdraw your consent at any time. Withdrawing your consent does not affect the lawfulness of data processing operations which occurred before you withdrew your consent.
a right not to be the subject of an automated individual decision, including profiling.
In order to exercise these rights, the User must contact MIND THE TEA by writing to the following email address: [email protected] In this case, MIND THE TEA can request proof of the User’s identity in order to verify accuracy before carrying out the user’s request.
9.8. MIND THE TEA reserves the right to make modifications of any nature to the present clause relating to personal data protection at any time. If the present personal data protection clause is modified, MIND THE TEA undertakes to publish the new version on its website.
MIND THE TEA will also inform users of said modification by email, at least 15 days before these modifications take effect.
The Website may automatically collect standard information. Indirectly collected information will only be used to track the volume, the type, and the configuration of traffic accessing the Site, in order to develop its design and layout and for other administrative and planning purposes, and more generally for the improvement of the Elocance Service.
In order to do this, MIND THE TEA will place a cookie on the user’s computer. A cookie does not identify users personally. But, it does record information regarding the User’s computer’s browsing activity on the Website (the pages that the User visited, the date and time of the visit, etc.) that MIND THE TEA can read during your subsequent visits. This will allow MIND THE TEA to facilitate the User’s browsing of the website and will ensure the User does not have to supply information already provided at an earlier time with each subsequent visit. Any cookies that MIND THE TEA places on computers expire in less than 6 (six) months.
The User may configure his/her browser software in order to be informed of whether cookies are present and allows him/her to refuse storage of cookies.
The Elocance Service allows the User to upload content, documents, correspondence including personal email messages (pdf, word, emails) to their personal ELOCANCE library in order to allow the User to listen to a voice reading of said content.
The User is solely responsible for said Content and represents and warrants that s/he is authorized by the rightsholders, owners and/or authors of said content to use them and to read them. The User, as editor and sole manager of his/her personal library, shall indemnify and hold harmless MIND THE TEA for any claims arising therefrom.
The User is informed and agrees that by Subscribing to the Elocance Service and by uploading his personal content to his personal ELOCANCE library within the ELOCANCE Application, s/he authorizes MIND THE TEA to store said Content for the sole personal use of the User/owner of said content.
The Elocance Service also allows the User to delete his/her Content.
At the expiry of a term of 30 (thirty) days as of the User’s deletion of his/her personal Content, MIND THE TEA will permanently delete them from its servers, provided that within that term, the User did not add said content back to his/her personal library.
Consequently, the User is informed that in order to optimize the Elocance Service, MIND THE TEA will store said contents in voice synthesis transcription for a period of 30 (thirty) days and will definitively delete them at the end of that period, provided that during this period, the User did not add said content back into his/her personal library.
The general structure of the Website, of the Elocance Service, and of all elements comprising it (such as, in particular, logos, domain names, phonographic or video recordings, and all associated materials, including photographs, images, text, biographies of the authors, performers and/or any other rightsholder of the phonographic or video recordings as well as the visual presentation thereof) are the exclusive property of MIND THE TEA and/or its licensors (in particular, phonographic and/or video producers (“record labels”, copyright management company (etc.) and/or press or web publishers whose content, having been already-published and freely-available online, is referenced via sourced hypertext links. These ELOCANCE elements are protected by laws relating to intellectual property, inter alia, and particularly by copyright. The user may not use these elements except in the context of using the Elocance Service, in accordance with the provisions of these general terms and conditions of sale and use.
Concerning third-party Content simply referenced by the ELOCANCE Service using a short citation and sometimes an analysis, the User is informed that said Content is the property of the third-party Publishers to whose websites the User may be directed from within the ELOCANCE application, and that said Content is protected bylaws relating to intellectual property, inter alia, and in particular by copyright. The User may only use these elements pursuant to copyright law and copyright exceptions, and in accordance with the provisions of those third party Publishers’ general terms and conditions of use.
Any total or partial representation of the Website, of the Elocance Service, and/or of MIND THE TEA elements comprising them (as described above) by any process whatsoever, without the express authorization of MIND THE TEA is therefore prohibited and would constitute illegal copyright infringement pursuant to Articles L. 335-2 and following of the French Intellectual Property Code.
Any hypertext link referring to the Website using “framing” technology (a programming technique which makes it possible to divide the screen of a web browser into several autonomous frames in order to display the content of an external website) or “in-line linking” technology (procedure for causing a single element taken from another website to appear on a website, which saves space on the hard drive of the machine where the site is hosted and which has the effect of concealing from uninformed Subscribers the original environment to which said element belongs) is strictly prohibited.
ELOCANCE files used by the Elocance Service are digital files protected by national and international laws on copyright and related rights. Therefore, and in accordance with the provisions of the French Intellectual Property Code, only listening to them in an exclusively private setting is authorized. Use of them for non-private purposes exposes the Subscriber to civil and/or criminal proceedings. Any other use of these digital files is strictly prohibited: in particular, any downloading or attempt to download or any transfer or attempt to transfer said files permanently or temporarily on the hard drive of a computer or other peripheral (including digital music players and other portable digital audio players), and any burning or attempt to burn them onto a CD or any other medium, are strictly prohibited.
The Subscriber expressly acknowledges that the audio playback tool made available to him/her for listening to digital files as part of the Elocance Service, and the transcription file, are protected by technological protection measures that MIND THE TEA has chosen in order to prevent or limit, to the extent possible given current technical limitations and available technologies, use of the recordings in ways not in accordance with these general terms and conditions of sale and use.
The Subscriber undertakes not to employ any procedure or technology that would make it possible to defeat the aforementioned technological protection measures so as to download the digital files and enable them to be saved on the storage unit of any receiving device (PC, mobile telephone, digital music player and other portable digital audio players, etc.).
The Subscriber expressly acknowledges and accepts that knowingly undermining any technological protection measure shall make him/her liable to the penalties provided by Article L. 335-4-1 of the French Intellectual Property Code.
MIND THE TEA reserves the right to permanently block any User who has attempted to circumvent the technological protection measures put in place in order to prevent downloading of the digital files, from accessing the Website.
The semi-figurative ELOCANCE wordmark and all other derivatives, graphics, logos, headers, buttons, icons, scripts and labels included in the Elocance Service or made available thereby, are trademarked in the European Union and in other countries. ELOCANCE brands, visuals, and other distinctive signs, may not be used in relation with products or services that do not belong to MIND THE TEA, nor in any way that might engender confusion in the mind of the average consumer, nor in any way that might discredit or disparage ELOCANCE and MIND THE TEA.
Any other brand that does not belong to MIND THE TEA that appears on the Elocance Service is the property of its owner, who might or might not be affiliated with, linked to, or sponsored by ELOCANCE.
One or more patents owned by MIND THE TEA are relevant to the Elocance Service and in the functions and services that may be accessed on the Elocance Website or Application.
Without prejudice to any damages and interest that MIND THE TEA may claim, MIND THE TEA reserves the right to suspend any Subscriber’s access to the Elocance Service and/or terminate, as of right, without notice or compensation, said Subscriber’s subscription to the Elocance Service in the event said Subscriber fails to comply with these terms and conditions of sale and use, and in particular for:
infringement of the intellectual property rights of MIND THE TEA and/or its licensors,
circumventing or attempting to circumvent the technological protection measures implemented by MIND THE TEA,
performing or attempting to perform multiple simultaneous logins to the same account;
supplying false information when creating an account for use of the Elocance Service;
Subscriber’s partial or total failure to pay for the price of his/her subscription to the Elocance Service;
taking actions contrary to MIND THE TEA’s business interests.
In turn, the Subscriber may terminate his/her package or subscription without being obligated to provide MIND THE TEA either notice or indemnity should MIND THE TEA fail to uphold its main obligations as set forth in these general terms and conditions, or for legitimate cause, such as, in particular, theft of PC, technical incompatibility between the Elocance Service and the Subscriber’s equipment, etc.
Users may contact MIND THE TEA to request information or to ask a question about the Elocance Service via the Website by clicking on “Contact Us” or by sending us a letter at the following address: MIND THE TEA – Customer Service – 8 rue Lemercier, 75017 Paris, France.
These GTCSU are governed by the laws of France.
These GTCSU are written in the French language. In the event they are translated into one or several foreign languages, only the French text shall prevail in the event of a dispute.
In the event of a dispute related to the enforcement and/or the interpretation of these general terms and conditions of sale and use, clients have the option of having recourse to a conventional mediation procedure or to any other alternative dispute resolution procedure. In accordance with the French Ordinance n°2015-1033 of 20th August 2015 and the Implementing Decree n°2015-1382 of 20th October 2015, any dispute or litigation considered to be consumer in nature, subject to the provisions of Article L612-2 of the French Consumer Code, may be settled by mediation by the CMAP (Centre de Médiation et d’Arbitrage de Paris). To submit a dispute to the mediator, clients may (i) complete the form on the CMAP’s website: www.cmap.fr, tab “you are: a consumer”, (ii) send a request for mediation by regular or registered letter to: CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to [email protected]
Whatever means a client chooses to refer a dispute to the CMAP, the client’s request must contain the following information to allow his/her request to be processed quickly: the client’s postal address, email address, telephone number, and the full name and address of MIND THE TEA / ELOCANCE, a brief statement of the facts, and proof of all measures previously taken to resolve the dispute with MIND THE TEA / ELOCANCE. Notwithstanding the foregoing, in the event of a dispute, and pursuant to French Regulation n° 1215/2012 of 12th December 2012, clients may bring the dispute before the courts of their place of residence, or the French courts, whereas MIND THE TEA / ELOCANCE may bring the dispute before the courts of the client’s place of residence.
Updated on 10 December 2019