Terms and Conditions of Use and Sales
IMPORTANT: These terms and conditions are presented here for information purposes only. In case of dispute, only the French version shall be valid.
Applicable to September 1, 2018.
Mr. Benjamin Martinez publishes a website accessible to the address Musiclever.com allowing any user to access courses and exercises with the general theme of music.
In these Terms and conditions, the term "Provider" means:
Mr Benjamin Martinez,
microenterprise whose SIREN number is 793 728 254,
activity code is 8552Z (Cultural education),
headquartered at 1 La Motte, La Celle-sur-Loire, 58440, FRANCE.
The term Musiclever.com refers to the website published by the Provider.
Musiclever.com is hosted by o2switch
222-224 Boulevard Gustave Flaubert
Siret : 510 909 807 00024
RCS Clermont Ferrand
SARL au capital de 100 000€
These Terms and Conditions of Use and Sales are intended to define the conditions of use of the services available on Musiclever.com and are applicable to all sales activities performed on Musiclever.com.
Article 1. Accounts and subscriptions
1.1. Access to the website
The Provider offers three types of access to the site:
- Free access,
- Free account access,
- Subscriber access.
Free access allows access to the site without registration. The user who accesses the site is not a customer of the Provider. It can access a limited part of the site to discover the content and features.
Free account access requires the creation of an account by the User. The creation of the account is carried out via a form intended to collect the connection information of the User. In addition to Free access content, Free account access provides an overview of the features available to subscribers. The account associated with a Free account access is called a "Free Account".
Subscriber access also requires the creation of an account by the User and the subscription to one of the paid offers described below. The Registered User with Subscriber access becomes the Provider's Customer. Subscriber access allows the Customer to access all the contents of the site, without any restriction, with the exception of dictations published in partnership with Le Loriot editions. The account associated with Subscriber access is called "Subscriber Account."
A User can also become a Subscriber by activating a gift certificate offered by another user.
Whatever the type of access chosen by the user, the latter is considered as User of Musiclever.com. All conditions applicable to Users are also applicable to Customers.
In order to become a Subscriber, the user must subscribe to one of the offers offered by the Provider on Musiclever.com. There are two types of offers:
- the type "Subscription",
- the type "Package".
The Customer who subscribed to a subscription offer pays at regular intervals, the periodicity depending on the offer subscribed. Subscriber access is activated at the end of the initial payment and is maintained as long as the recurring payments are validated by the Provider. In case of default or late payment, the Provider reserves the right to block the Customer's Subscriber access without notice and at any time.
Customers who have subscribed to a package deal pay a lump sum once at the time of purchase. Its access to the site is maintained until the end of the subscribed offer whose duration is specified at the time of selection of the offer.
Bid sales prices are listed on Musiclever.com. The Provider reserves the right to modify prices at any time. The Customer who subscribed to a Subscription offer will continue to benefit from the rate indicated at the time of his subscription as long as his subscription remains active.
1.4. Gift Certificate
The Service Provider offers all Internet users the possibility of offering a subscription to the person of their choice, hereinafter referred to as the "Recipient", by purchasing a gift certificate (also called gift voucher). Any gift voucher is valid only for the selected offer at the time of purchase and must be used within 3 months after the purchase of the gift voucher. After this time, the gift certificate is declared expired and cannot be used.
The gift voucher has a 16-character activation code to activate the subscription included in the gift voucher. This code is strictly confidential and should only be passed on to the recipient. No claim can be made in case of loss, theft or use of the activation code by a third party.
Any gift certificate is neither exchangeable nor refundable, whatever the reason. The recipient of the gift certificate can not be the buyer of the gift certificate.
The purchase of a gift voucher implies the creation of an account, Free account or Subscriber account, by the buyer of the gift voucher. If this is not already the case, the recipient of the gift certificate must also register on the site, through the free registration form, in order to activate his subscription.
The duration of the subscription is calculated from the date of use of the gift certificate by the recipient, provided that the latter uses it within the time limits, as stipulated above.
1.5. Termination of Offers Subscription
Customers who have subscribed to a subscription offer and wish to cancel their subscription must terminate the recurring payment made to the Provider, as indicated in article 2.4.
1.6. Restriction and abuse
When a User creates his account, he commits himself to the veracity of the information he provides to the Provider. Any account created is nominative and can only be used by the physical person who created his account. The use of the same account, whether Free or Subscriber, by different people is not allowed.
The Provider reserves the right to suspend or delete a User account in case of misuse of the site, including but not limited to, in the event of simultaneous and repeated access by the same User of several places or different devices.
Article 2. Payment and Billing
2.1. Payment Solutions
Two payment solutions are proposed:
- credit card payment using the integrated payment interface;
- payment via Paypal solution.
By choosing the integrated payment interface, the customer enters the payment information (credit card number, holder name, etc.) directly on the site Musiclever.com. The customer agrees that such payment information is securely communicated to the Stripe payment module for business transaction purposes and only for the services offered on Musiclever.com. By choosing the integrated payment interface, the customer can manage his payment information and his subscription to Musiclever directly to his user account, without intermediary.
By choosing Paypal, the customer must accept the general terms and conditions of Paypal, independent of the Provider. The customer is solely responsible for its use of the Paypal service. The customer must ensure the address of the site on which he makes the transaction, the amount paid and the recipient of the payment. The Service Provider can not be held responsible for any incident occurring during the payment on the Paypal platform (phishing, data theft, etc.). The management of recurring payments can not be done on the account of the subscriber on Musiclever.com and must be done directly on the Paypal platform.
2.2. Modifying payment solutions
In case of modification of the payment solutions, the Service Provider may interrupt any ongoing recurring subscription, without notice.
After each payment made by the user, an invoice is published and available for download on the user's account.
2.4. Cancellation of a subscription
The terms for canceling a recurring payment depend on the payment solution chosen during the subscription.
Customers who have subscribed to a Subscription offer using the integrated payment interface may discontinue their subscription at any time from their Musiclever account.
Customers who have subscribed to a Paypal Subscription offer and wish to cancel their subscription must log in to their Paypal account and take the necessary steps to cancel the recurring payment. Customers who fail to cancel the recurring payment must contact Paypal directly for assistance. The Provider can not be held responsible for any difficulty connecting and using the Paypal account by the Customer.
Article 3. Content and Features
3.1. Courses and exercises
The Provider undertakes to use all means at its disposal to ensure the accuracy of the courses and the educational relevance of the exercises but is under no obligation to do so. The provider can not be held responsible for any errors or inaccuracies contained in the courses, quizzes or exercises.
All courses and exercises may be subject to change or cancellation, in whole or in part, without notice, and without being able to claim or compensate.
3.2. Course printing
Course printing is restricted to users with a valid subscription who have accumulated a minimum subscription amount on Musiclever.com. This amount is indicated on the Musiclever.com website and may be subject to change at any time without notice. The purchase of a gift voucher does not count towards this sum. On the other hand, the value of a gift voucher is taken into account when the recipient of the voucher is activated, for the benefit of the recipient only.
3.3. Device for accessing the site
The User, before subscribing to a paid offer, is required to check that his access device to the site, both hardware and software (computer, phone, tablet, browser, etc.), complies with the optimal use of the site. The user can check the compliance of his device by creating a free account to test all the features of the site. The User is also required, if necessary, to perform the software and hardware updates necessary to maintain optimal use of the site. The Provider can not be held responsible for an inadequacy of the device of the User hindering the proper use of the site Musiclever.com.
The Provider implements all reasonable means at its disposal to ensure quality access to the Musiclever.com site, but is under no obligation to do so. The provider can not be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which would prevent or degrade access to the site Musiclever.com.
The Service Provider reserves the right to interrupt, temporarily suspend or modify without prior notice access to all or part of the Musiclever.com site, in order to maintain it, or for any other reason, without the interruption does not give rise to any obligation or compensation.
Article 4. Intellectual property and personal data h5>
4.1. Intellectual property
All content on the Musiclever.com site - including lessons, quizzes, exercises and all computer code, excluding third-party software used - is the exclusive property of the author Benjamin Martinez. Only the consultation and use of courses, quizzes and exercises in a private setting is allowed. Any public use, commercial or not, of one or more contents of the site is prohibited. The printing of the courses is reserved for an exclusively private use. Any other use, including in a teaching environment, must be the subject of a written request for written authorization to the author, who reserves the right to refuse it without justification.
4.2. Third Party Software
Third-party software used on Musiclever.com has its own license and is not subject to the restrictions of section 4.1.
4.3. Random generation of musical tunes
Note pitches and exercise rhythms are randomly determined at the beginning of each User's workout. The resemblance of a musical tune generated randomly, in written or audible form, with existing music, whether or not it is filed with a copyright society, is purely fortuitous, and can not be considered a plagiarism attempt.
4.4. Personal data h6>
The information collected from the forms of the site is subject to an IT treatment for the Provider in order to improve the user experience and for legal purposes of registration and billing of the Customer. In accordance with the law "Informatique et Libertés" of January 6, 1978 modified, you have a right to access and rectify information about you.
You may access your information by logging into your User account or by sending a request using the contact form on the Musiclever.com website. You may also, for legitimate reasons, object to the processing of personal data. To find out more, check your rights on the CNIL website.
The service provider undertakes not to transmit or transfer the personal information of users of the site Musiclever.com to third parties for commercial purposes.
By creating an account on the site, whether Free or Subscriber, the User agrees that the scores of the quizzes and exercises performed and their associated dates are transmitted and recorded on the Musiclever.com server. These scores are purely informative to guide the User in his learning process and can not guarantee or attest to any musical level.
Article 5. Amendments
5.1. Modification of the Terms and conditions
In case of refusal of the changes by the User, the latter must send, imperatively and as soon as possible, an electronic message via the contact form of the site to inform the Provider. The User will then keep his access until the end of the period subscribed and his account will be permanently closed.
5.2. Partial invalidity
5.3. Cessation of activity
The Provider may at any time decide to cease its activity and close the site Musiclever.com. In the event that the cessation of activity is due to a case of force majeure or following a court decision, no compensation can be requested by the Client.
In case of cessation of activity, the Provider may prevent the subscription of a User to Subscriber access offers. The Provider may also terminate prematurely and without notice the subscription offer of a Customer. However, the Service Provider undertakes to make all the means at its disposal to not interrupt access to the site as long as customers have a pending subscription.
Article 6. Disputes
In case of dispute, the competent court will be that of the Provider's place of residence.
Only the French version of these conditions prevails. Any other version is for informational purposes only and can not be presented to any judicial authority.