General Sales Conditions
RewindStories ” General Terms of Use of the Rewind Application and Site
Section 1. Generalities
Rewind offers its users (hereinafter “Users”) audio-guided tours in various cities, to be done on the street from the Rewind application. In addition, Rewind offers various types of activities to its users: cruise, tourist bus, food, etc. (hereinafter “the Services”).
These are free or paid services, available on the website www.rewindstories.com (hereinafter “the Site”) as well as on the Rewind mobile application downloadable on Google Play and the App Store (hereinafter “the Application”). They are jointly referred to below as the “Rewind Services” or “the Services”.
The Site and the Application are published and operated by the company Rewind (hereinafter referred to as “Rewind”), a SAS with a capital of €12,759, registered with the Paris Trade and Companies Register under number 843984337 and whose head office is at 95 Avenue du Président Wilson, 93100 Montreuil.
The use of the Services is strictly subject to the prior acceptance, without restriction and without reservation, of these general conditions of sale and use of the Services (hereinafter “the General Conditions”).
These General Conditions set out the conditions of access and use of the Rewind Services and govern the contractual relationship between the User and Rewind.
Rewind reserves the right to unilaterally, at its sole discretion and at any time, modify all or part of these General Terms and Conditions. It will inform its Users via the Site or the Application.
For any information or questions concerning Rewind and its services, the User may contact Rewind by sending an email to the following address: bonjour@rewindstories.com.
Section 2. Definitions
” Account ”: space dedicated to a User and allowing him, via an identifier and a password, to connect and access the Services.
” User ”: natural person using the Services.
” Contents ”: all sound, visual, audiovisual, textual, graphic, photographic, etc. elements sent, transmitted, broadcast, published by Rewind or its partners, via the Site or the Application, in any form whatsoever, and in particular, in podcast format, text, image, video, audio, and in particular, in podcast format, text, image, video, audio.
Section 3. Conditions of access and use of the Services
Access to the Rewind Services is only possible from a personal computer equipped with at least internet browsing software, by connecting to the Site, or from a compatible mobile device, after downloading and installing the Application beforehand. The iOS 12 and Android 9.0 versions are recommended for the operation of the Application.
Access to the Rewind Services requires an Internet and mobile Internet connection where applicable. It is specified that these connections are not supported by Rewind and it is therefore up to the User to first subscribe to an Internet and/or mobile Internet offer in order to be able to use the Rewind Services. A 4G mobile Internet connection is highly recommended.
Access to Rewind Services requires prior registration by creating an Account.
Registration is free and may result, under the conditions specified by the Application, in free Content. The User is informed that some functionalities are chargeable.
Registration is reserved for natural persons over 12 years of age and capable. It is strictly personal and a User can only have one Account.
The User is prohibited from using the Services for commercial, advertising or political purposes.
To register, the User must create an Account by clicking on one of the tabs reserved for this purpose (“Registration by email” or “Register by Facebook”) and by formally accepting these General Conditions.
In case of registration by email, the User must provide in a mandatory manner:
- Firstname
- Name
- City
The User must then choose a password of at least four characters.
The purpose of registering by Facebook is to simplify the registration process. This is a possibility offered on a non-mandatory basis. This use is likely to result in the collection of your personal data by the social network concerned. We invite you to be vigilant and consult the social network's personal data protection policies in order to accurately understand the information it collects as well as the purposes for which your data is used, in particular for advertising purposes. Likewise, in case of registration with their Facebook account, the User accepts that Rewind may receive public information from their profile (ID, last name, first name, email address, country and profile photo),
The User guarantees the veracity of the information he provides when creating his Account and undertakes to update this information, if it changes during the duration of his registration. Rewind cannot be held responsible for failures in the Services that are linked to erroneous information provided by the User.
In case of disconnection, the User accesses his account by entering his email address and password in the “Profile” tab then by clicking on “Continue with my email” then “Log in”
The User is solely responsible for maintaining the confidentiality of his password and for any act involving the use of his username and password. In the event of loss or theft of his password or more generally of a security breach, the User must immediately contact Rewind at the address: bonjour@rewindstories.com. In any event, the User is solely responsible for the consequences of the use of his account, until it is deactivated. The User releases Rewind and its partners, co-contractors or assigns from any liability in this regard.
Section 4. Rewind Services Description
Rewind Services are services that allow, by creating an Account, to access Content (in particular podcasts: digital audio texts for entertainment) presenting tourist, historical or unusual places.
These podcasts are accessible during themed tourist circuits using technologies for geolocating the User in real time (“walks”).
The walks last between 45 minutes and 1 hour and 30 minutes. The User can follow the layout of the chosen circuit on the screen of his mobile device and benefit from the automation of the audio according to his geographical position.
When the User is roaming, the Walks are indicated, when the Application is activated, by a notification based on the User's geolocation using his mobile device and provided that the notifications have been authorized in the settings of the mobile device used. Otherwise, they can be selected manually. The User may also choose to be taken via the Application to the starting point of the trip using the GPS on their mobile device.
Most of the functionalities of the Application require the use of the geolocation and the precise path of the User, for example by using GPS or other signals from the mobile device on which the Application is activated. These functionalities cannot be provided without the activation of these geolocation technologies (see the privacy policy).
Rewind also offers other types of activities to do before, during or after the ride. For example, city tours by boat, bus, or food or attractions.
Availability and modification of the Rewind Services
The Rewind Services are in principle accessible twenty-four hours a day, seven days a week, within the limits of the conditions of access and use referred to above and the provisions of article 8 Responsibility below.
However, Rewind reserves the right, without notice or compensation, to temporarily suspend access to the Services:
- In order to make to the Services any modifications, adaptations and improvements related in particular to technical developments as well as modifications or complements in the functionalities of the Services, in the graphical interface or the design of the Site or the Application. Rewind undertakes that this will not result in any alteration of quality or substantial modification of the functionalities of the Services.
- For the purposes of ensuring maintenance operations.
The User releases Rewind from any responsibility in this regard and waives any claim and/or procedure against it as a result.
Section 5. Price conditions — No right of withdrawal
5.1.Absence of right of withdrawal
In accordance with the provisions of article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of digital content not provided on a material medium whose execution has begun after the express prior agreement of the consumer and express renunciation of his right of withdrawal.
5.2 Purchases — Duration
Users can access the Services through unit purchases. Purchases are made from the Application or the website.
Unit purchases allow the User to have access to the Content or activities purchased as long as they have an Account on the Application and the Site.
5.3. Price
The prices for accessing the Rewind Services are indicated on the Application in euros and all taxes included.
Rewind reserves the right to change the price of each of the formulas, the price applicable to the User being the one in force on the day of their unit purchase.
Payment of the purchase price is made directly to Rewind on the Site or through the Apple Store or Google Play platforms that carry out the transaction. The conditions defined by these platforms apply to payment (see the Apple Store conditions (https://www.apple.com/legal/internet-services/itunes/vppbusiness/au/terms.html) and Google Play (https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=be
)).
The price of purchases is paid in advance.
Section 6. Capacity statement
The User declares to have the legal capacity allowing him to validly accept these General Conditions, i.e. to have the legal majority and not to be the subject of a legal protection measure for adults or, if the User is a minor, to hold a parental authorization allowing him to validly commit himself under these Terms and Conditions.
Section 7. Territory
Access to the Rewind Services is open to anyone.
Section 8. Responsibility
Rewind undertakes to the User to provide the Rewind Services in a diligent professional manner, within the framework of an obligation of means.
The operation of the Application, the Site and the Services are in particular based on technologies developed and operated by third parties with whom Rewind has no means of intervention. Thus, Rewind can in no way be held responsible for any malfunctions in accessing the Rewind Services or for the temporary or permanent inaccessibility of the Rewind Services, which would be linked to technical hazards (unavailability of the GPS signal, real conditions different from the results on the map and the content, unavailability of the host or geolocation providers, maintenance operation, etc.).
Rewind cannot be considered responsible for third party applications or third party content offered by a third party on or through the Rewind Services or for advertising appearing while using the Services.
It is the User's responsibility to protect his equipment against any form of intrusion and/or contamination by malicious or harmful programs. Rewind cannot under any circumstances be held responsible for damages that may occur in such cases. In general, Rewind cannot be held responsible for any malfunction or deterioration of the User's equipment related to the use of the Services.
The User declares to have had access to information relating to the functionalities of the Services and to the equipment required for their use. This information may again be communicated to the User upon simple request from him sent to bonjour@rewindstories.com. Rewind cannot be held responsible in the event that the Services prove to be incompatible with certain User equipment or their functionalities.
Rewind disclaims all liability if a breach of any of its obligations was the result of a case of force majeure as defined by French law and jurisprudence, including, but not limited to, in the event of disasters, fires, internal or external strikes, internal or external strikes, internal or external failures or breakdowns.
Furthermore, the User is solely responsible for the adequacy of the Services to their needs.
Finally, the User is solely responsible for the use he makes of the Rewind Services and cannot hold Rewind responsible for any claim and/or procedure against him as a result of the use of the Services. The User is responsible for his progress according to the indications of the Application and for its consequences in all circumstances with regard to third parties and with respect to himself. In particular, the User acknowledges that the use of the Services does not exempt him from scrupulous compliance with road legislation and undertakes to act and proceed with discernment and precautions.
The User undertakes to take personal responsibility for any claim, claim, or opposition and more generally any proceedings brought against Rewind from a third party that would be related to his use of the Rewind Service.
Section 9. Intellectual property
The Site and the Application as well as all of their content (brands, photographs, photographs, texts, texts, illustrations, videos, graphics, software, etc.) belong to Rewind and/or to its partners who are the sole owners. All these elements are protected by intellectual property rights and in particular by copyright. Any reproduction, representation, use or adaptation, in any form whatsoever, partial or total, of all or part of these elements, without the prior authorization of Rewind is strictly prohibited. Rewind grants Users, on a non-exclusive basis, the right to use the Site and the Application and their contents within the limit necessary for the use of the Services.
Section 10. Nullity of a clause
In the event that one of the provisions of these General Conditions is declared invalid or unenforceable for any reason whatsoever, the other provisions will remain applicable without change.
Section 11. Applicable law and litigation
These General Terms and Conditions are subject to French law.
In the event of a dispute, the parties will seek an amicable solution before any legal action. In the event of failure of these attempts, any disputes related to the validity, interpretation and/or execution of these General Conditions must be brought before the competent courts under the conditions of common law.
The User is also informed that he may in any case use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.