Terms of Service
1. Preamble
The website subject of these terms and conditions of sale and use (hereinafter the "Website") is used by Global Digital Média SA, SA, registered in the trade and companies register of Genève, under number RCS B CHE-373 082 366, with registered offices at Rue Muzy 9 - 1207 Genève – Suisse, represented by its current chairman.
Global Digital Média SA has developed, from the Website, online dating services for personal, recreational and non-commercial purposes (hereinafter the « Services »).
The Services are operated by the Company Webecanik, a simplified joint-stock company with a sole shareholder, registered in the Rennes Trade and Companies Register under number 829 717 354, whose registered office is 107, Avenue Henri Fréville - CS 10704 - 35207 RENNES Cedex – France.
Webecanik provides Internet users with the Website enabling them to communicate widely with others by a multi-criteria instant messenger and represents a passive connection for online posts, distribution of profiles and other information for entertainment purposes (media). The service is neither a consultancy nor a dating agency, and does not organize encounters between its members. The use of the Services is for personal and private purposes only.
The service is exclusively reserved to members registered on the platform in compliance with the present General Conditions of Use and Sale of Subscriptions (hereinafter the « GCUS »).
2. Prerequisites
The members confirm having received all necessary documentation on the proposed services and subscriptions from Global Digital Média SA and Webecanik and comply without restriction to the present service terms and conditions.
The members recognize that the use of the website requires compliance with all the provisions defined in the present contract.
The members can benefit from the services proposed on the website subject to compliance with, where applicable, to the payment of the relevant Subscription and to the following prerequisites:
Be of legal age (that is, eighteen (18) years old or older) on the date of registration on the website;
Have the legal capability to commit to the present terms and conditions;
Have the appropriate computer equipment to access the platform;
Have a valid e-mail address.
3. Definitions
The terms below will have the following meaning among the parties:
"Subscription": a paid package giving access to the Services offered in the Subscription, for a limited period specified in the Subscription concerned subscribed by a Member.
'member': any natural person acting for purposes not falling within the scope of its commercial, industrial, craft, liberal or agricultural activity, who completed the registration process on the Website.
'subscriber': member who has subscribed to one or more Subscriptions suggested by Webecanik.
'account': space of the website reserved to members.
'service': all services offered by Webecanik, accessible to Members and Subscribers through the Website. There are two (2) types of Services: Basic Services and Additional Services. The Members and Subscribers concerned are informed of their essential characteristics prior to the subscription.
4. Objective and field of application
The objective of the present document is to define the conditions of use of the services and selling Subscriptions offered by Webecanik to its Members. These GCUS are concluded between the companies Webecanik, Global Digital Média SA and any person having acquired the quality of Member.
They apply to the creation of an Account on the Website by a Member and to any Subscription by a Member to the Company Webecanik.
The Member is required to read the Terms of Use before creating an Account and subscribing for any Subscription. The selection and purchase of a Subscription is the sole responsibility of the Member.
The Member declares to have taken note of the present GCUS and to have accepted them by ticking the box meant for that purpose before the creation of an Account and / or the online subscription. Unless it is proven otherwise, the data recorded in the computer system of the companies, Webecanik and Global Digital Média SA, constitute the proof of all transactions concluded with the Subscriber through the Website.
The validation of a Subscription by the Subscriber implies acceptance without restriction or reservation of the present GCUS.
These Terms may be subject to subsequent modifications, the version applicable to the creation of an Account or to the purchase of a Subscription by the Member is the one in effect on the Website at the date of creation of the Account or Subscription.
5. Opposability
The present terms and conditions are opposable to the member as soon as they are accepted by the latter prior to the Account creation and to subscription.
The companies, Webecanik and Global Digital Média SA, reserve the right to modify the present terms and conditions as it considers necessary and useful. The utmost shall be done to inform the members of the existence and date of application of new terms and conditions.
Any use of the service by the member within 30 days after a modification of the terms and conditions confirms that, the latter, accepts the new terms and conditions.
Following the entry into force of these new GCUS and for any case, the member may not accept to use the Services but is still responsible for all previous use of the same.
Members can access archived terms of use upon request at the following e-mail:
6. Registration to the Website and opening an Account
6.1 Registration to the Website
6.1.1 Registration through the Website
The possibility of subscribing is reserved for Members only.
To create an account and become a member, the user must first register via the online form on the Website.
Two registration procedures are available:
Registration via Facebook connect;
Registration via online form.
• Registration via Facebook connect
To facilitate the service registration process, the internet user can use the identification information of his/her natural person’s Facebook account and entering its username and password.
Using the Facebook connect application, the fields required for registration will be automatically filled in with the information retrieved from the user’s Facebook account, under the user’s sole responsibility.
The data retrieved from the user’s Facebook account and the purposes of processing are as follows:
Email: the purpose of the processing of this data, which is mandatory for user registration, is to send email communications to the Member,
Date of birth: the purpose of processing is to allow the Member’s age to appear on their profile,
Gender: the purpose of the processing is to create an account that matches the user’s gender,
Photographs: the user has the possibility of importing photographs from their Facebook account in order to complete their profile. By default, five photographs are automatically imported. The Member can replace these photographs with other photographs from their Facebook account. The purpose of processing is to allow the Member to fill out their profile with ease.
The use of the Facebook connect application is a simple technical feature provided to the user in view of facilitating his/her registration and completing the registration fields for the service: Facebook connect is a third party service to the service and Companies Webecanik and Global Digital Média SA do not in any way guarantee the correct operation and reliability of the information obtained through that application.
No information related to his registration on the Website will be displayed on the Facebook account of the internet user.
Step 2: the internet user reads these GCUS and accepts them by ticking the box provided for this purpose; if he does not accept them, he must stop the registration procedure and leave the Website immediately.
Step 3: Once his profile is correctly filled in, the internet user validates the registration form and receives an email confirming his registration to the email address provided.
Once the registration confirmation has been made by the user, he / she becomes a Member subject to the article 7.2 below.
• Registration via online form
The service registration procedure via the online form on the Website consists of the following steps:
Step 1: the internet user completes an online registration form to the Website by filling the required fields - some are mandatory - depending on the services selected by the user. Some requested information builds the internet user profile and can be accessed by other members of the service: they must be correct and regularly updated.
Step 2: the internet user acknowledges the GCUS and accepts these by ticking the appropriate box; if he does not accept these, he/she shall stop the registration process and immediately leave the Website.
Step 3: once his profile is correctly informed, the internet user validates the subscription form and receives a confirmation email at the supplied email address.
Once the internet user has confirmed the registration, he/she becomes a member of the service subject to the article 7.2 below.
First Step technology is offered to members as part of our services. This technology uses an algorithm which allows members to contact others based on affinity.
The First Step algorithm allows members to contact others based on affinity.
6.1.2 Subscription via mobile application
The purchase platforms of mobile applications for mobile phones, digital tablets or any other digital communication device connected to the internet enable downloading an application dedicated to the use of the Websites and/or Website services. Members wishing to use it must therefore have a connection to mobile internet.
This application offers the user the possibility to create an Account and to become a Member from a mobile phone, for example. It also enables subscriptions.
The purchase and use of Subscriptions, including those subscribed from a mobile application, are subject to these GCUS
6.2 Profiles on hold
As soon as a member subscribes to the service his profile is displayed as 'pending': during that variable period, the member’s profile is checked by Webecanik and Global Digital Média SA Companies to ascertain that the data and information supplied by the member meet the present terms and conditions and the ethical charter of the service. Finally, we offer the user the exclusive opportunity to multiply his chances of finding love with the orientation to other sites if already registered or if he wishes to benefit from more contact. Subject to the express agreement of the Member, his profile may be available on other Websites in line with his research.
If the GCUS are not complied with, the member is informed by email of the rejection of his profile and is proposed to modify it. If the member does not modify his profile in conformity with the terms and conditions, companies Webecanik and Global Digital Média SA reserves the right to definitively refuse it.
Whatever the method of registration chosen, the Member guarantees that the data communicated during his registration is accurate and conform to reality. In the event of a change of that data, he agrees to make the necessary modifications to his Account directly.
The companies Webecanik and Global Digital Média SA are not obliged and do not have the technical means to ensure the identity of the persons registering on the Website and opening an Account.
7. Subscription and Financial terms
7.1 Terms of payment for Subscriptions
To subscribe, the Member must create his Account beforehand, choose his Subscription and method of payment.
As a matter of principle, Subscriptions to Basic Services and Additional Services are subject to charges, at the rates in force at the time of their subscriptions. Prices are expressed in the currency of the Member's country. These rates are firm and non-revisable during their period of validity. The price is payable upfront at the time of subscription, by credit card or transfer.
By exception and in order to enable members to discover the functions of the Basic Services, an access to a limited version of the service is offered free of charge for a limited period of time. This free and limited access does not enable the use of all functions of the Website nor allows to meet other members.
Furthermore, women members wishing to be placed in contact with a male member will specially have access to free and complete Basic Services with the exception of additional services, which remain payable.
It is specified that when the access to Services is free, whether partially or totally, Global Digital Média SA reserves the right to modify it both for conditions of access and financial terms of the service. The member subscribes willingly to a Subscription for a selected duration, at the online price by the time of subscription and according to the payment methods suggested by the Website. Access to the Services of the selected Subscription is possible from the reception by Webecanik of the Member's payment. Access to the Service is immediate if payment is made by bank card. A processing period is required if payment is made by cheque or bank transfer; the Services concerned by the selected Subscription are accessible only after reception and receipt of the sums by Webecanik. In that second hypothesis and when the services of the chosen subscription are unavailable to the member after a period of fourteen (14) days from the sending of the cheque by mail or the bank transfer, it is recommended to the member to send a message to customer services by means of the form accessible from his/her account via the 'Help' menu, to which the customer service is committed to responding as soon as possible.
Webecanik reserves the right to propose temporary promotional subscriptions to new members or existing subscribed members for a certain time. The proposed financial terms are exceptional and cannot be grounds for any complaint by the other members.
The Trial Offer is a promotional offer that is an integral part of a Monthly Subscription. At the end of the three (3) trial days, the Subscription will be automatically charged, unless prior notice by the Subscriber, which procedures are provided in Article 17 of these GCUS.
In general, the renewal cancellations of the Subscriptions can be carried out under the conditions of the article "termination" of these GCUS.
• AppStore
The Member can create his Account under the conditions referred in Article 6.1.2. He can then choose from one of the suggested subscriptions.
• Android
The Member can create his Account under the conditions referred in Article 6.1.2. He can then choose from one of the suggested subscriptions.
7.2 Commands
7.2.1 Subscription to a Services Subscription
The Member selects on the Website the Subscription to which he wishes to subscribe. He/She is informed in advance, and by a dedicated control interface, of the Subscription price and the various payment methods available. The Member has the opportunity to check the details of his/her order, the total price and correct any errors before confirming it. This validation implies the acceptance of all the present GCUS.
The subscribers or members can order one or several additional services, giving them access to the advanced functions of the Website according to the options detailed on the Site.
The ordering process for one of the additional payable services is done in two confirming steps:
Step 1: the member is informed of the price of the subscription and of the possibility to use his/her usual payment method, previously and through the ordering interface: he/she can validate expressly, refuse the order or modify his/her usual payment method;
Step 2: the member is informed by the same dedicated interface that his/her order is confirmed.
The sale of the Subscriptions will be considered permanent (and the contract concluded) only after the Member receives, by email and from Webecanik, the confirmation of the order’s acceptance.
7.2.2 Order processing
At the end of the subscription or on new subscription process, the member has permanent access online and on the interface of his/her account to the detailed summary of his/her subscriptions and additional services ordered.
7.2.3 Money-back guarantee
The company endeavours to provide its Members with a quality user experience. However, in the event that the Member is not satisfied with the user experience offered to them, the Member may request a refund of the initial subscription within fifteen (15) days following said subscription, provided that they have logged on at least three (3) times a week and have sent at least twenty (20) messages per week during this period.
7.3 Costs
Any expenses for access, either material, software or internet access are exclusively at the member's charge.
8.Right to withdraw
In accordance with the laws and regulations in force, the Member has the right to withdraw during a period of fourteen (14) calendar days from the conclusion of the sale, without having to give any reason and without no sum to pay. To retract, the Member will send the withdrawal form available here, by email to customer@cloverskypay.com or via the following postal address:
Global Digital Média SA Rue Muzy 9 - 1207 Genève – Suisse
In the event of the use by a Member of its right of withdrawal, Webecanik will refund all the sums paid within fourteen (14) days from the date on which it was informed by the Member's decision to retract.
9. Obligations of Global Digital Média SA and Webecanik
9.1 Quality of services
Webecanik endeavours to provide a quality service. It enables members to use the available communication tools under the best possible conditions.
Due to the nature and complexity of the internet network, its technical performance and response times for consultation, viewing or data transfer in particular, the companies Global Digital Média SA and Webecanik make the best effort, according to the rulebook, to enable the access and use of the services.
Global Digital Média SA cannot be held liable for the correct function of the member’s computer equipment and/or his/her internet access.
9.2 Maintenance and updating
Global Digital Média SA and Webecanik companies make their best efforts to provide a performing service to members. It shall use appropriate means to maintain the service in optimal operational conditions.
The companies Global Digital Média SA and Webecanik reserve the right, without notice or compensation, to temporarily close the platform or access to services for update, maintenance, modification or changes to operational methods, the platform and access hours, without this list being exhaustive.
The companies Global Digital Média SA and Webecanik are not liable for damages of any nature resulting from malfunction, impossibility of access or poor conditions of use of the Services accountable to a non-adapted equipment, to internal malfunction of the Member’s access provider, congestion of the Internet network and any other external reasons having the character of a force majeure case.
Global Digital Média SA and Webecanik companies reserve the right to complete or to improve, at all times, the Website, the subscriptions and the services available according to the development of technologies and shall inform the members by all means.
9.3 Moderation
Companies Global Digital Média SA and Webecanik are not subject to any obligation of monitoring, moderating or checking the exchanges and contents posted online on the Website by the members who subscribed to the service.
Companies Global Digital Média SA and Webecanik do not intervene directly in the content of the profiles. They check during the registration of the member and subscription that the terms and conditions are met, but does not check the truthfulness of the information supplied or their validity and does not monitor the later changes to the profile carried out by the concerned member.
Companies Global Digital Média SA and Webecanik do not intervene in the relations and exchanges between members.
Companies Global Digital Média SA and Webecanik shall react when illicit content, behaviour or use are not compliant with the present terms and conditions and reported in accordance with the article 'notification of illicit content' in the present agreement or signaled via an 'abuse' link present on the profile of every subscribing member. Companies Global Digital Média SA and Webecanik will then take the measures it considers most appropriate for the situation.
Companies Global Digital Média SA and Webecanik reserve the right to remove any content which does not comply with the present terms and conditions after informing, if conditions allow it, the concerned member.
Companies Global Digital Média SA and Webecanik are actively working to remove fake profiles and are taking numerous measures to help in this regard.
9.4 Safety
Companies Global Digital Média SA and Webecanik make their best efforts, according to the rulebook, to secure the Website.
Considering the exponential nature of technological developments, Companies Global Digital Média SA and Webecanik cannot guarantee the Website’s absolute security nor the absence of defects.
10. Member obligations
10.1 Reliability of profiles
The services allow the member, at registration and later when he/she accesses his/her profile, to complete the latter with data about his/her personality and his/her looks particularly in accordance with the data protection act. To enable reliable exchanges between members, each of them shall supply correct data, in compliance with the laws and regulations and regularly update them.
The member shall not share his member account with other persons and/or grant access of his account to a minor.
The member shall not supply, at registration or when updating his/her profile, identification data that do not correspond to reality or to unrightfully use the identity of a third person.
The photographs placed online by the member must particularly:
Represent the member exclusively
Not only represent unrelated elements (landscape, animals, etc.);
Not contain text;
Be respectful of common decency: no nude, suggestive photographs, with a sexual connotation or depicting minors.
The member is not authorized to indicate phone, address or electronic details on his profile. It is forbidden for the Member to exchange coordinates (Skype, etc.) by any means whatsoever and to anyone. It is also strongly advised against one Member to be filmed by another Member outside the means provided by the Website, as well as to send money, by any means whatsoever and under any pretext whatsoever, to another Member.
10.2 Conform use
Once registered, and subject to having subscribed, where appropriate, to one (1) or more Subscriptions suggested to him, the Member will benefit from access to the Services, according to the Subscription’s conditions.
The member is responsible for the use of the services and his/her actions on the Website. He/she shall use the Website fairly and in compliance with the present terms and conditions. The member's behaviour during the use of the services should comply with the rules of good conduct.
The Member abstains from expressing any remarks that contravenes the rights of others or that are defamatory, abusive or, in general, any remarks or content that is contrary to the purpose of the Services, the laws and regulations in force.
The Member abstains from spreading, in any form whatsoever, information or content incorporating links to third party sites that are illegal, contrary to morality and / or not in accordance with the purpose of the Services.
The member agrees to notify any manifest of illicit content, in accordance with the procedure under article 'notification of illicit content' of the present contract.
The member also can report to Global Digital Média SA and Webecanik companies the profile of a member not respecting the present terms and conditions through the 'abuse' link present on every registered member’s profile.
The member shall not behave in an illegal or fraud-inducing way towards Global Digital Média SA and Webecanik companies, other members and/or third parties.
Overall, the member shall report of any defective services he/she notices to Global Digital Média SA and Webecanik companies by means of the "help" menu accessible, online, on the Website.
The violation by a Member of any of these obligations constitutes a serious breach. Any behaviour not respecting the rules of good conduct above or those in the ethical charter of the service may be penalized under the conditions of the article 'termination' of the present contract.
10.3 Safety
It is forbidden for a member to access/remain fraudulently in all/part of the Website. It is forbidden to use another access method beside the one made available by Global Digital Média SA and Webecanik companies. Upon discovery of such method, or if the member enters a placeholder, without right, inadvertently, the member agrees to promptly inform Global Digital Média SA to the following address customer@cloverskypay.com so that appropriate actions can be taken.
The member is not authorized to remove or modify data on the Website, to fraudulently enter data or carry out an alteration on the operation of the Website. He/she shall make sure not to introduce virus, malware or any other harmful technology on the Website or the services provided there.
Any voluntary access to an unauthorized space shall be considered fraudulent access, as provided by the criminal code.
The member shall consider that all the data he/she gains knowledge of during such access to an unauthorized space is confidential and therefore shall not disclose it to others.
The member shall particularly not carry out any operation to saturate a page, rebound operations or any operation which could result in disturbing or distorting the operation of the platform.
The member takes all measures to ensure his/her own safety, in particular, for the management of his/her usernames and access codes he/she keeps confidential.
11. Technical support
Global Digital Média SA and Webecanik Companies provide a customer service to its members which can supply all necessary information on the use and services of the Website.
Webecanik makes the best efforts to provide a service accessible to all the members and in the best conditions.
The Global Digital Média SA and Webecanik companies cannot guarantee absolute technical compatibility of the additional functions and services it proposes with the service as their correct function is subject to the equipment’s software and hardware compatibility used by the members. Global Digital Média SA and Webecanik Companies inform the members of the minimum required configurations to fully benefit from the service and additional services.
The use of a mobile application for the use of the services requires that the member previously owns a compatible device with a mobile internet connection. Prior to the application download, the member should refer to the conditions of use of the application on the download platform to learn about the necessary configuration.
Should a member experience difficulties to access and/or use one of the services provided on the Website, he/she can contact customer services at any time via the online form via the 'help' menu of the Website.
12. Intellectual property
12.1 Service elements
The present service terms and conditions do not include, at the advantage of the member, any transfer of intellectual property rights on the elements belonging to Global Digital Média SA.
The content of the Website, the denomination of the Services, brands, drawings, models, images, texts, photos, logos, graphics, software and programmes, search engines, databases, sounds, videos, domain names, design or any other information or media presented by Global Digital Média SA on the Website, without this list being exhaustive, are the exclusive property of Global Digital Média SA and are protected by the laws and regulations relating to intellectual property in force.
Any reproduction and/or representation, in full or in part, of one of those elements, without the explicit authorization of Global Digital Média SA, is prohibited and would consist of counterfeit, penalized by the laws and regulations in force.
Consequently, the member shall refrain from any act or action which could affect directly or indirectly the intellectual property rights of Global Digital Média SA.
The member may never use, print or re-format the content of the website for purposes other than private or familial.
He/she shall not download, copy, transmit, sell, distribute or use the content of the platform and the websites.
The member recognizes that the information and the databases accessible on the platform are the property of Webecanik.
12.2 Elements of the third parties
The intellectual property rights attached to the elements of the Website belonging to third parties, whose use has been entrusted to Global Digital Média SA, such as brands, drawings, models, images, texts, photos, logos, without this list being exhaustive, are the exclusive property of their author and are thus protected by copyright, trademark rights or any other right recognized by the laws and regulations relating to intellectual property in force.
The member shall not undermine, directly or indirectly, the property rights of third parties, whose content is present on the Website and shall not use, in any way, the names, brands, logos, software, information, databases and all the documents communicated to him/her, in general, in the case of the application of the present service terms and conditions.
The member shall respect the integral rights of third parties whose content is present on the platform and shall not create any analogies in the mind of the public for any purpose.
Therefore, the member shall take all necessary measures for the protection of said rights for all third parties and, in particular, maintain all the property mentions on all the data, information and more generally the consultable elements on the Website or made accessible by third parties.
12.3 Elements placed online by the member
The member grants to Webecanik and Global Digital Média SA a license of use of the intellectual property rights attached to the elements he/she places online, which are his/her exclusive property and which are protected by the laws and regulations relating to the intellectual property in force.
The member has the opportunity to further disseminate his profile containing his photography on other partner sites by visiting the "My Account" tab.
This License of use conceded by the Member to Webecanik and Global Digital Média SA covers the right of Webecanik and Global Digital Média SA to copy, represent, adapt, translate, digitalize, use for execution of the Services or sub-license elements regarding the member on the services, or on any electronic communication means in the context of the services (in particular email, sms, mms, Internet).
The member authorizes Webecanik and to modify elements to comply with the graphic chart or to make them compatible with its technical performance or any format supplied in the context of the services.
The license of use is granted by the member to Webecanik and Global Digital Média SA for everyone, and for the duration of online access of those elements by the member.
The member shall take all necessary measures to protect said third party rights and guarantees its peaceful use to Webecanik and Global Digital Média SA.
13. Responsibility and guarantee
In the context of services providing, Webecanik is subject to an obligation of resources.
Conform to the valid legislation, Global Digital Média SA cannot accept civil liability for activities or information stored at the request of members, unless if Global Digital Média SA was duly notified of illicit content under the conditions of article 'notification of illicit content' and did not react promptly to remove it.
The members recognize and accept that the details they supply, as well as their behaviour or comments on the Website, can be reported by other members and a subsequent check by Global Digital Média SA, based on objective appreciation criteria, without prejudice to the appropriate application of the 'Termination' article of the present GCUS.
The member recognizes and accepts that the divulgation of information on the Website is his/her sole responsibility, and relinquishes any claim on Webecanik, in particular on the basis of his/her right to image, his/her honour and reputation, the intimacy of his/her private life, resulting from his/her distribution of that information, unless otherwise it is duly proven by the Member. The member is sole responsible for possible prejudice caused by the divulgation of that information.
The member guarantees and releases Webecanik and Global Digital Média SA from any claim and condemnation originating from default of the obligations the member is subject to by law or the present terms and conditions of the service.
The member cannot hold Webecanik and Global Digital Média SA liable for any delay in information provided to him/her.
The responsibility of Webecanik and Global Digital Média SA cannot be sought in case of fraudulent or abusive use or due to voluntary or involuntary divulgation of the username and/or password for connecting to the member account.
Global Digital Média SA and Webecanik companies are not liable for the violation of the present terms and conditions by another member, nor for their actions on the Website, whether there’s an offence or not.
The exchanges between Members, profiles, descriptions and other announcements are incorporated within the framework of entertainment and communication. Webecanik and Global Digital Média SA only provide a web platform and cannot guarantee that exchanges between members actually lead to encounters. Furthermore, Global Digital Média SA cannot be held responsible for encounters on or outside the platform, nor for the correspondence between the communicated information on the Website and the reality.
Global Digital Média SA and Webecanik companies endeavour to check the reliability of information and data of the member profiles, in particular by checking compliance with the present terms and conditions and the information supplied at the creation of an account. However, each member can later modify certain information on his/her profile. Global Digital Média SA and Webecanik companies cannot guarantee the truthfulness of information supplied by its members, nor protect the members against identity theft and it cannot be held responsible on that basis.
Webecanik provides additional services to improve the communication functions and promote the visibility of the profile of a member on the Website. However, those services are provided up to the same services other members might subscribe to: in case of a multiplicity of members' requesting for a service or for technical reasons linked to the correct management of the Website operation, the member recognizes that Webecanik cannot guarantee an unlimited period for the promotion of visibility of the member's profile or the effectiveness and uninterrupted availability of the additional service to which the member subscribed.
Partner Websites are likely to be accessible to users through hypertext links such as banner ads. Global Digital Média SA and Webecanik companies cannot be held responsible for the data and information spread by their potential business partners.
14. Notification of illicit content
Any notification of illicit content to Global Digital Média SA must include the following information:
Date of notification; If the notifier is a natural person: name, first name, profession, residence, nationality, date and place of birth; If the notifier is a legal entity: its form, name, registered office and the body that legally represents it; The name and address of the addressee or, if it is a legal person, the name and registered office; The description of the contentious facts and their precise location (with copy of the precise URL address of the content); The reasons why the content should be removed, including the legal provisions and the factual justifications;
The copy of the correspondence addressed to the author or editor of contentious information or activities and requesting their interruption, withdrawal or modification, or the justification that the author or editor could not be contacted.
The member shall notify such content, conform with the information indicated in present article by sending a mail to the following address:
Global Digital Média SA company / customer service
We remind the fact that, for any person who wrongly represent content or activity as illicit with the purpose of having it removed or to stop its diffusion, whilst knowing that information is incorrect, is punishable by a year prison and a 15,000 Euros fine.
15. Personal data
Personal data may be collected during your registration on the Website and is intended for use by Global Digital Média SA, responsible for processing.
This collection allows the creation of an Account by the Member, prior to the Website use by him/her and to the possible subscription. In the event that he/she refuses to fill in the information, he/she would not be able to use the Website and, possibly, subscribe.
The data collected is intended for internal use only, specific to Global Digital Média SA and Webecanik. Only those acting under his authority and instructions may access it.
As an exception, banking data are communicated to Webecanik responsible for managing and recovering subscriptions. The Member expressly consents that the above-mentioned banking data will be communicated to said Webecanik and for the sole purpose referred above.
Another exception, the personal data collected during registration on the Website may be communicated to commercial partners only with the express agreement of the Member or Subscriber and in order to facilitate its registration for additional Services.
This data is only kept for a period strictly related to the purpose of treatment and a maximum of two years from the last visit of the Member on the Website.
This data may be communicated by Global Digital Média SA to Webecanik with the sole purpose of providing Quality Services. The Member expressly agrees to this communication.
They are intended to suggest to Members possible dates in adequacy with their personality. With the exception of the Member's e-mail address, which is mandatory for registration, the Member is under no obligation to provide any other personal data, without effect on the contract.
Personal data may be transferred to the following business partners : DNX Network Sarl, X CASH, Flirt Revenue et Salamandra Web SL. The Member has the possibility to delete his transfer authorization via the dedicated section on his account accessible through the menu "My Account", "My Settings".
It is strictly forbidden to retrieve, use or transmit to Third Parties personal data on the Website, regardless of its use. It is also strictly forbidden to contact in any way whatsoever or to send "junk mail", "spam", mailings to current or past Members or Subscribers of the Website.
In accordance with the law and regulations in force, the Member has a right of access, rectification, erasing and limitation of his personal data. The Member also has a right of objection, for legitimate reasons, to the processing of this data.
In addition, the Member has the right to inform the controller (ie Global Digital Média SA) of his/her instructions as to the future of his/her data after his/her death.
Finally, the Member has the option to request that his/her data be exported to a third party when he/she has consented to the collection of such data or when such data have been collected as part of the performance of a contract.
All these rights can be exercised with Global Digital Média SA, Customer Service, by registered mail with acknowledgment of receipt accompanied by a proof of identity.
Global Digital Média SA has a response time of two (2) months after the reception of the said mail.
In addition, the Member has the possibility to lodge a complaint with a data protection authority.
In the event that the Member has reason to believe that his personal data has been used, the latter must promptly notify the company Global Digital Média SA.
16. Trackability
In order to provide an easily accessible and personalized service, Global Digital Média SA keeps the connection history of the Members on the Website and follows the navigation of these members thanks to cookies, in compliance with the data-processing and liberty law.
In accordance with the laws and regulations in force, Global Digital Média SA keeps a copy of the data and contents allowing to identify any person who contributed to the creation and / or the posting of defamatory or abusive content, even when the content is deleted by the Member, for a period of one (1) year from the first publication of the said content.
17 Subscription cancellation and Termination of a membership
17.1 Subscription cancellation from the Website
A Member's Account can be automatically deactivated in the event of prolonged inactivity by the Account Member. In this case, Global Digital Média SA will delete all data related to the Inactive Account after a period of two (2) years from the last connection to the Account.
The member can terminate his/her account at any times on the Website, without any other costs than those of the transmission of his/her request and without justification, via the section on his/her account accessible through the menu 'My parameters', then 'my subscription' or any other means which could be indicated to him/her in that section. This request will be considered and treated one business day after its reception by the competent service. Also, this request does not entail any refund of the period of the subscriptions remaining.
A subscribing member can only proceed with unsubscribing from the Website if they previously cancelled their membership.
17.2 Cancelling one's membership
Subscriptions are entered for the chosen period by the subscriber during the subscription procedure.
In the event of payment by transfer, the Subscription will not be renewed on due date.
In case of payment by credit card, the Subscription will be automatically renewed on due date by successive periods equivalent to those initially chosen by the Member, except on the event of a termination notified by the latter in the conditions indicated in article 17.3 . The Renewed Subscription will be billed to the Member based on the rate base and frequency of the Subscription initially subscribed by the same Member.
17.3 Termination of a subscription (when payment is made by credit card)
The subscribing members can decide not to renew the Subscription one (1) day after subscription. This decision does not affect the access to all functions of the service on the initial duration of the subscription.
With the exception of the three (3) day trial offer, the decision not to renew the Subscription must be made no later than seventy-two (72) hours before the end of the Subscription, either by telephone to the Customer Service whose contact details appear on the Website, either by using the function "Cancel my renewal" on the account accessible through the menu "Account", "My settings", "My subscription", then " Settings ". Members who have subscribed to the two-week promotional subscription offer have the option to cancel the subscription renewal by following the unsubscribe procedure indicated above. Unless the subscription renewal is terminated or cancelled, for any seven-day period started, an additional two-week commitment is due. In the event that the Member terminates or cancels its renewal before the end of the minimum two-month period, an administrative management fee of €19.74 will be due. In accordance with the laws and regulations in force, Global Digital Média SA will prosecute in the courts of jurisdiction any abusive opposition to a Subscription by the Member to the bearer's bank.
In any case, Webecanik shall inform the concerned Members by e-mail, sent no later than thirty (30) calendar days before the end of their Subscriptions, that they may terminate their Subscriptions free of charge before the due date as well as the procedure to follow.
In addition, the Member will receive a confirmation of his decision to not renew the Subscription by email.
17.4 Suspension and termination for misconduct
17.4.1. Suspension
Whatever the terms of payment, if the Member does not comply with the obligations of the present conditions, Webecanik reserves the right, without compensation or refund, to suspend the access to his account and eventual subscription’s services until the reason for the suspension has been lifted, this within eight (8) calendar days after the reception an email asking the Member to conform with the present service’s conditions.
Such a suspension can be applied, for example, when:
The member does not complete his profile in accordance with the present terms and conditions;
The member posts a non-conform or infringing photography online;
The member behaves in a way that disturbs the tranquility of one or several members; In any case, the Member will be informed by email of the suspension of his Account and Subscription.
17.4.2 Termination by Webecanik
If the member does not comply with the obligations of the present GCUs after several warnings, an email asking to do so will be sent. If not answered after within fifteen (15) calendar days from its reception, Webecanik reserves the right to terminate the registration on the Website, to close his Account and to terminate his subscription, without prejudice to any common-law action which might be open to it. This without any compensation or refund.
If the bank refuses the payment method used by the member, an email him/her to pay the outstanding sums with a new payment method will be sent. If not answered after within eight (8) calendar days from its reception, Webecanik reserves the right to terminate the registration on the Website, to close his Account, and to terminate the Subscription, without prejudice to any common-law action which might be open to it.
In any case, the Member will be informed by email of the closure of his/her Account and the termination of the Subscription.
17.4.3 Termination by the subscriber
In case of unavailability of the Services, except in cases of force majeure as provided in the article 18 of the GCUS, for a period of more than seven days, the Subscriber may terminate the Subscription by sending a registered letter with acknowledgment of receipt, accompanied by a bank account number, to the following address:
Global Digital Média SA Rue Muzy 9 - 1207 Genève – Suisse
Webecanik agrees to reimburse the Subscriber in proportion to the duration of its Subscription within a period that may, depending on the Subscriber's bank, vary between two (2) and ten (10) calendar days, starting from reception of the registered letter with acknowledgment of receipt accompanied by the banking details.
18. Force Majeure
The Parties cannot be held responsible if the non-execution or the delay in the execution of any of their obligations, as described in the present GCUS, arises from a case of force majeure, within the meaning of the law in force.
The Party observing the event shall promptly inform the other Party of its inability to perform its obligations as a result of force majeure. The suspension of the obligations cannot in any case be a cause of responsibility for non-performance of the obligation involved, nor lead to the payment of damages and interests or penalties of delay.
Initially, cases of force majeure will suspend the application of the terms and conditions of the service and the current Subscription. Therefore, upon the cause of the suspension’s cessation of their reciprocal obligations, the Parties will resume as soon as possible the normal execution of their contractual obligations. To this end, the prevented party will warn the other of the resumption of his obligation by the means of his choice.
If cases where force majeure last longer than two (2) months, the service terms and conditions will be automatically terminated.
19. Good faith
The parties agree to execute their obligations in absolute good faith.
20. Sincerity
The parties confirm the present commitments are sincere.
Thus, they confirm not knowing of any element that, if communicated, would have modified the consent of the other party.
21. Titles
The titles of the clauses of the GCUS are included for information only and must not in any way affect the meaning or the interpretation of the said GCUS. In case that any clause title would disturb the comprehension of the clause itself, it will not be taken into account.
22. Nullity
If one or several stipulations of the present conditions are deemed invalid, or declared such in application of a law, a regulation or after a decision enforced by competent jurisdiction, the other stipulations will maintain all their power and scope.
23. Integrality
The present service terms and conditions express the integrality of the parties' obligations.
No general or specific conditions included in the documents sent or supplied by the parties could be integrated in the present terms and conditions.
24. Proof convention
The acceptance of the terms and conditions by email has the same probative value between parties as the agreement in paper format.
Data recorded in the computer systems of the Website will be stored under reasonable safety conditions and considered proof of communications between the parties. Unless it is proven otherwise, this data constitutes proof of all transactions between Webecanik and the Member via the Website.
The contractual documents are archived on a reliable and durable way which can be produced as proof.
25. Confidentiality
The information transmitted or received by Webecanik during the use of the platform is considered confidential by nature and is subject to professional secrecy and shall not be communicated externally, apart from exceptions linked to the provision of the 'data-processing and liberties' law.
This provision does not infringe communications ordered by law or administration.
26. Language
The present service terms and conditions, the ethical charter and data-processing and liberties rules were drawn up in French and later translated.
In case of conflict between the parties or divergences on the interpretation of a word or a clause, only the French versions shall apply.
27. Applicable law
The present terms and conditions are ruled by Swiss and French laws.
It is the same for rules of content and form, notwithstanding the locations of execution of substantial or secondary obligations.
If you don't desire to receive any more emails from us, please send your request at customer@cloverskypay.com or use the unsubscribe link at the end of the emails we send you.
28. Disputes - Mediation
All disputes to which the creation of an Account, the subscription of the Services, their execution or their termination could lead to and which could not be solved between a Member and Webecanik or Global Digital Média SA will be submitted to the competent courts under the conditions of common law.
The Member is informed that he can in any case resort to a conventional mediation, in particular with a consumer ombudsman whose contact details are as follows:
Medicys
73 boulevard de Clichy
75009 Paris
contact@medicys.fr
www.medicys.fr
The Member can also present any complaints on the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/ . The European Commission will transfer the Member's complaint to the competent national ombudsmen notified.
29. Pre-contractual information
The Member recognizes having knowledge of, prior to the creation of an Account and Subscription and in a readable and understandable manner, these GCUS and in particular the following information:
the essential characteristics of Subscriptions;
the price of Subscriptions;
information relating to the identity of Groupe Global Digital Média SA, its postal, telephone and electronic contact details.
30. Legal Notice
The Website is published by Global Digital Média SA, SA with capital of 100 000 Fr., registered within the Genève Trade and Companies Register, under number CHE-373 082 366, whose registered office is located at Rue Muzy 9 - 1207 Genève – Suisse.
The Website is operated by the Company Webecanik, a simplified joint-stock company with a sole shareholder, with capital of 1250€, registered within the Rennes Trade and Companies Register, under number 829 717 354, whose registered office is located 107, Avenue Henri Fréville - CS 10704 - 35207 RENNES Cedex – France.
The web hosting provider is: SAFE HOST, 20 Chemin du Pré-Fleuri, CH-1228 PLAN-LES-OUATES.
