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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 PhocéeNet, a simplified joint-stock company with a sole shareholder, registered in the Marseille Trade and Companies Register under number 829 624 840, whose registered office is 564 avenue du prado - 13008 MARSEILLE – France.
PhocéeNet 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 »).
The members confirm having received all necessary documentation on the proposed services and subscriptions from Global Digital Média SA and PhocéeNet 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.
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 PhocéeNet. 'account': space of the website reserved to members. 'service': all services offered by PhocéeNet, 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.
The objective of the present document is to define the conditions of use of the services and selling Subscriptions offered by PhocéeNet to its Members. These GCUS are concluded between the companies PhocéeNet, 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 PhocéeNet.
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, PhocéeNet 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.
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, PhocéeNet 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:
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 PhocéeNet 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.
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.
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
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 PhocéeNet 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 PhocéeNet 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 PhocéeNet 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.
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 PhocéeNet 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 PhocéeNet. 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.
PhocéeNet 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.
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.
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.
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 PhocéeNet, the confirmation of the order’s acceptance.
At the end of the subscription or on new subscription process, the mem
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