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General terms and conditions applicable to services
These terms and conditions are entered into by:
- MyCow SAS, a French company with an address at BP 33, 94431 Chennevières-sur-Marne Cedex, France, registered in the Créteil Trade and Companies Register under number B 492 056 510, represented by Mr Eric Brandt, hereinafter referred to as "MyCow", and
- any private or professional natural person or legal entity, governed by private or public law, that wishes to take out a subscription with MyCow, hereinafter referred to as the "Customer".
The Customer confirms having checked that the service meets his requirements and that MyCow has provided him with all the information and advice he requires to enter into this commitment in full knowledge of the facts.
Any minor or person without legal capacity who uses the services provided by MyCow under this agreement shall do so under the responsibility of his legal representative, who must ensure that the minor is sufficiently mature or responsible to use such services.
ARTICLE 1 PURPOSE
The purpose of this agreement is to set out the terms and conditions under which the Customer subscribes to the services proposed by MyCow.
These general terms and conditions governing the services proposed by MyCow apply to all subscriptions proposed by MyCow, to the exclusion of any terms and conditions other than those applicable to the MyCow web site appearing in appendix 1, which form an integral part of this agreement, including but not limited to the Customer's terms and conditions.
The services offered by MyCow on its web site, either free of charge or through a subscription, shall be governed by the terms and conditions of use appearing in appendix 1, which form an integral part of this agreement.
ARTICLE 2 DESCRIPTION OF SERVICES
In addition to the services available free of charge on MyCow, subscriptions shall include the following:
- audio version of news articles,
- publication of articles or briefs under "Citizen Stories",
- possibility to take part in forums and to suggest new topics,
- possibility to take part in on-line chat rooms,
- creation of a personal album,
- access to MyClassroom teaching materials,
- access to Reading Room teaching materials,
- access to the ToolKit translator and dictionary,
- possibility to ask questions to a MyCow teacher through the forum,
- possibility to benefit from MyCow's promotional offers.
ARTICLE 3 SUBSCRIPTION TERMS AND CONDITIONS
If a Customer wishes to subscribe to services proposed by MyCow, he must register on the MyCow web site at www.MyCow.eu under "Register" and provide MyCow with his personal information and bank details. The Customer warrants the accuracy of all personal information provided to MyCow and undertakes to regularly update the said information.
The Customer shall provide MyCow with the profile he wishes to be displayed each time he accesses the MyCow web site. MyCow shall ensure that the information provided does not breach the Customer's privacy, the laws and regulations in force, the terms and conditions applicable to our services or the terms and conditions of use of the MyCow.eu web site.
The Customer warrants that he has the power, authority and capacity required to enter into and perform the obligations hereunder.
The Customer agrees not to use the subscription offered by MyCow for commercial or canvassing purposes.
An agreement shall be formed upon MyCow's acceptance of the Customer's subscription. The Customer shall be notified of such acceptance by e-mail, sent to the address provided during the registration process.
The agreement shall be valid for three (3), six (6) or twelve (12) months as from the date of the e-mail sent by MyCow to the Customer notifying the latter of his registration. It may be renewed by tacit agreement for the same term at the price and under the terms and conditions in force on the renewal date, unless it is terminated by either party one month before the expiry of a three-month agreement, two months before the expiry of a six-month agreement or three months before the expiry of a twelve-month agreement.
ARTICLE 4 PRICE AND PAYMENT
The price of a MyCow subscription is stated on our web site under "Not a member" or "FAQ".
Prices are stated inclusive of VAT and are payable in euro.
MyCow reserves the right to amend its price at any time, providing it informs the Customer by e-mail or by posting a message on the MyCow web site subject to one month's notice if the price is less favourable to the Customer.
In such event, the Customer shall have one month as from the date of effect of such amendment in which to terminate this agreement without penalty. If the Customer does not accept the amendment, the agreement shall remain in effect until the due expiry date under the old terms and conditions. If no objection is raised, the Customer shall be deemed to have accepted the new price. The revised price shall apply to all agreements entered into as from the effective date thereof.
MyCow reserves the right to pass on immediately any new tax or tax increase to the Customer.
The subscription proposed by MyCow is payable upon registration or upon renewal of the registration, as applicable. The Customer shall be solely responsible for paying all amounts owed in connection with his subscription.
Payments shall be made on line by bank card at the time of registration. The Customer may pay by cheque on condition that the cheque is issued by a bank located in French territory, by cash money order, bank or postal order or international money order.
The services subscribed by the Customer will be available as soon as MyCow has notified the Customer of his registration, unless MyCow needs to check the personal details provided by the Customer and/or the validity of his method of payment.
ARTICLE 5 CUSTOMER'S OBLIGATIONS
The Customer shall be solely responsible for the passwords required to use the services subscribed. MyCow denies all responsibility for the illegal or fraudulent use of passwords provided to the Customer. Passwords must be kept confidential. Any suspected disclosure of passwords, whether intentional or not, shall incur the sole liability of the Customer, to the exclusion of MyCow.
The Customer shall solely bear the consequences of any problem arising in connection with the use of the services subscribed by members of his staff or by any individual to whom he has provided his password. Likewise, the Customer shall solely bear the consequences of the loss of his password(s).
The Customer undertakes to comply with all the statutory and regulatory provisions in force, including but not limited to the provisions of intellectual property law, the rights of the press, criminal law and, in general, the rights of third parties. In this respect, he undertakes, inter alia, not to post any content, text, image or sound of a paedophilic, pornographic, homophobic, violent or racist nature or that violates the privacy of others.
If the Customer ascertains that any other customer or user of the services proposed is in breach of the statutory or regulatory provisions in force, the terms and conditions of this agreement or the terms and conditions of use of the MyCow.eu web site, he may take action by clicking on "Report", provided by MyCow for this purpose.
The Customer is reminded that he may incur criminal sanctions should he interfere with or in any way impede the operation of MyCow's web site.
If the Customer fails to comply with this agreement, MyCow may promptly suspend or cancel the services proposed to the Customer without notice and terminate this agreement immediately and by operation of law, without prejudice to any damages it may be entitled to claim.
The Customer agrees to take part, at MyCow's request, in any proceedings instituted against the latter and to hold MyCow harmless against any sentence passed against it. As a result, the Customer undertakes to assume responsibility for any claim and/or proceedings brought against MyCow with regard to the obligations imposed on the Customer hereunder, regardless of the form, purpose or nature thereof.
The Customer undertakes to notify MyCow within 48 hours should his situation change and within 24 hours should he lose his username or password.
The Customer expressly authorises MyCow to amend the texts, sounds and images provided by the Customer to bring same into compliance with the editorial requirements of the MyCow web site, on condition that the meaning thereof is not altered. Amendments may be made, in particular, to the title or syntax of the content proposed by the Customer.
ARTICLE 6 INTELLECTUAL PROPERTY
All of the services, texts, sounds and images proposed by MyCow are protected by intellectual property law and are the exclusive property of MyCow. Accordingly, such elements may only be used for private purposes. Any reproduction of these elements, either in whole or in part, is strictly prohibited without the express permission of MyCow.
ARTICLE 7 PREREQUISITES
In order to use the services provided by MyCow, the Customer must have one of the following:
Operating system
WINDOWS
MAC
LINUX
Browser:
INTERNET EXPLORER 6 and subsequent versions
MOZILLA FIREFOX
OPERA
SAFARI
ARTICLE 8 PERSONAL INFORMATION
In accordance with the French Data Protection Act (Loi Informatique et Libertés) of 6 January 1978, our data processing policy has been registered with the French Data Protection Commission (Commission Nationale Informatique et Libertés or CNIL) under number 1202416.
As a result, the Customer has the right to access, amend, rectify and delete his personal details by writing to MyCow at BP 33, 94431 Chennevières-sur-Marne Cedex, France. Users may also change or consult their personal details by clicking on "Edit my profile" on their Dashboard.
Information provided by the Customer shall be retained for the statutory period applicable to the provision of evidence. MyCow agrees not to disclose or sell the Customer's personal information, unless required to do so under a statutory or regulatory provision.
ARTICLE 9 RIGHT OF WITHDRAWAL
The Customer expressly authorises MyCow to provide the services subscribed to as soon as the Customer has received notice of his registration.
Accordingly, pursuant to Section L. 121-20-2 (1) of the French Consumer Code (Code de la Consommation), the Customer deemed to be a consumer within the meaning of the said Code recognises that he may exercise his right of withdrawal in respect of the services proposed by MyCow.
ARTICLE 10 CHANGES
MyCow reserves the right to change the services subscribed simply by posting a notice on its web site and/or by amending the general terms and conditions posted on its web site.
In such event, the Customer may terminate the agreement within 30 days of the entry into effect of such changes, by notifying MyCow thereof under the terms and conditions of Article 13.3.
MyCow reserves the right, if necessary, to interrupt the subscription, in particular in order to carry out maintenance work on the web site or to update same.
ARTICLE 11 MyCow'S LIABILITY
MyCow shall not incur liability in the following cases:
If access to the services proposed by MyCow is impossible or restricted on account inter alia of an Internet fault or in case of a force majeure event. If the effects of a force majeure event last for more than 30 days as from the notification thereof by one party to the other party, the agreement may be terminated by operation of law at the request of either party, without the other party being entitled to any compensation in that respect.
In the event of a fault, negligence, omission or default on the part of the Customer or a third party over whom MyCow has no authority or supervisory power.
In the event of a request for the temporary or definitive interruption of the services issued by a competent administrative or judicial authority or a notification issued by a third party within the meaning of Article 6 of the French law on confidence in the digital economy (Loi pour la Confiance dans l'Economie Numérique or LCEN).
In the event of the illegal disclosure or use of the confidential password provided to the Customer.
Any compensation owed by MyCow on account of a problem with the services arising in connection with a fault on its part shall be limited to the certain, direct, personal loss sustained on account of the problem at issue, to the exclusion of any indirect loss, including but not limited to a loss of business, loss of orders, damage to brand image, any whatsoever business disturbance, loss of profit or loss of customers.
In any event, the amount of damages which MyCow may be compelled to pay if its liability were incurred shall be limited to the aggregate amount paid by the Customer to MyCow for the period concerned or invoiced to the Customer by MyCow or to the aggregate amount corresponding to the price of the subscription for the services in respect of which MyCow's liability is incurred, whichever amount is lower.
The Customer recognises that no provision of this agreement shall release it from the obligation to pay all amounts owing to MyCow in respect of the services subscribed.
ARTICLE 12 TERMINATION
If either party breaches the obligations imposed on it under these general terms and conditions and fails to remedy such breach within seven days of receipt of a notice sent by registered letter with advice of receipt requested which specifies the breach at issue, the agreement shall terminate by operation of law, without prejudice to any damages that may be claimed from the defaulting party.
ARTICLE 13 GENERAL PROVISIONS
13.1 Severability
If any clause of the service agreement entered into with MyCow should be held to be null and void in application of a statute, regulation or decision with res judicata effect by a competent court, the other clauses hereof shall remain in full force and effect.
In such event, the parties shall replace the cancelled provision, to the extent permitted, with a valid provision that is in keeping with the spirit and purpose hereof.
13.2 Headings
The article headings set out herein are provided solely for ease of reference, on the understanding that they do not have any binding force or specific meaning per se.
13.3 Notices
Any notices, communications or formal notices issued in connection with these general terms and conditions shall be deemed to have been validly delivered if sent by registered letter with advice of receipt requested to the following addresses:
For MyCow : BP 33, 94431 CHENNEVIERES SUR MARNE, CEDEX, FRANCE,
For the Customer: the postal and/or e-mail address provided to MyCow.
13.4 Advertising and promotion
Within the scope of specialist advertising campaigns, events, seminars and publications on professional markets, MyCow may refer to the services provided to the Customer and to its commercial documentation and/or brochure.
13.5 Jurisdiction
In the event of a dispute with a Customer who is not deemed to be a consumer within the meaning of the French Consumer Code, the Créteil Commercial Court (Tribunal de Commerce) in France shall have jurisdiction, even if there is more than one defendant or in the event of a third-party notice, including with regard to urgent and protective measures requested under a summary application or appeal.
13.6 Governing law
The substance and form of this agreement are governed by French law, to the exclusion of international law rules, on the one hand, and the provisions of French law that are contrary to this agreement, on the other.
List of appendices
Appendix 1 : Terms and conditions of use of MyCow
Note: This English translation is provided for reference purposes only. In case of any discrepancy between the French and English versions and in the event of any dispute or action, the binding contract is the French document CONDITIONS GENERALES DE SERVICES.