RewindStories » Terms of use of the REWIND Application and website
Article 1. General
Rewind offers its users (hereinafter “the Users”) podcasting and on-demand listening services in geolocated streaming, making it possible to discover touristic heritage of a city. In addition, Rewind offers different types of activities to its users: cruise, tour bus, food, etc. (hereinafter “the Services”).
The Services are either free or not, available on the website www.rewindstories.com (hereinafter “the Site”) as well as on the Rewind mobile application downloadable from Google Play and the Apple’s App Store (hereinafter “The Application”). They are jointly designated below by the “Rewind Services” or “the Services”.
The Site and the Application are edited and operated by the company Rewind (hereinafter referred to as “Rewind”), SAS with capital of € 12 759, registered with the Paris RCS under number 843 984 337 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 terms of sale and use of the Services (hereinafter “the General Conditions”).
These Terms of Use set the conditions for access and use to the Rewind Services and govern the contractual relationship between the User and Rewind.
Rewind reserves the right to unilaterally modify, at its sole discretion and at any time, all or part of these General Conditions. It will inform its Users of this via the Site or the Application.
For any information or question concerning Rewind and its services, the User can contact Rewind by sending an email to the following address: bonjour@rewindstories.com
Article 2. Definitions
“Account”: space dedicated to a User and allowing him, using a combination of email and password, to log in and access the Services.
“User”: person using the Services.
“Content”: all the audio, visual, audiovisual, textual, graphic, photographic, etc. elements sent, transmitted, disseminated, 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.
Article 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 navigation software, by connecting to the Site, or from a compatible mobile device, after downloading and prior installation of the Application. IOS 12 and Android 9.0 versions and above are recommended for the operation of the Application.
Access to Rewind Services requires an Internet connection and a mobile Internet connection where applicable. It is specified that these connections are not supported by Rewind and it is therefore the responsibility of the User to subscribe beforehand to an Internet and / or mobile Internet offer in order to be able to use the Rewind Services. A 4G standard mobile Internet connection is highly recommended.
Access to Rewind Services requires prior registration by creating an Account.
Registration is free and may give rise, under the conditions specified by the Application, to free Content. The User is informed that certain functionalities are chargeable.
Registration is reserved for natural persons over 12 years old 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”, “Sign in with Facebook” or “Sign in with Apple”)) and by formally accepting these General Conditions.
In the event of registration by email, the User must provide the following information:
- First name
- Last name
- City
The User must then choose a password of at least four characters.
Facebook and Apple registration is intended to simplify the registration process. This is a non-mandatory option. 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 personal data protection policies of the social network in order to be aware of the information it collects as well as the purposes for using your data, in particular for advertising purposes. Similarly, in the event of registration with their Facebook account, the User accepts that Rewind can 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 communicates when creating his Account and undertakes to update this information, if it changes during the period of his registration. Rewind cannot be held responsible for failures in the Services which are linked to erroneous information communicated by the User.
In the event of disconnection, the User accesses their account by entering their email address and password in the “Already registered?” Tab. To log in “.
The User is solely responsible for preserving the confidentiality of their password and for all acts involving the use of their username and password. In the event of the loss or theft of their password or, more broadly, a security breach, the User must immediately contact Rewind at the address: bonjour@rewindstories.com. In any case, the User is solely responsible for the consequences of the use of his account, until the deactivation of it. The User releases Rewind and its partners, contracting parties or assigns of any responsibility in this regard.
Article 4. Description of Rewind Services
The Rewind Services are services allowing, by means of the creation of an Account, to access Content (in particular podcasts: digital audio audio texts) presenting tourist, historical or unusual places.
These podcasts can be accessible through themed tourist tours using real-time technologies from the User (“guided tours”).
The guided tours last between 45 minutes and 1 hour 30 minutes. The User can follow the route of the guided tour chosen on the screen of their mobile device and benefit from audio automation depending on their position geographical.
When the User is roaming, guided tours are indicated, when the Application is activated, by a notification according to the geolocation of the User using his mobile device and provided that notifications have been authorized in the settings of the mobile device used. Otherwise, they can be selected manually. The User can also choose to be driven via the Application to the starting point of the guided tour using the GPS of his mobile device.
Most of the functionality of the Application requires the use of geolocation and precise tracking of the User, for example using GPS or other signals from the mobile device on which the Application is activated. These functionalities cannot be provided without activation of these geolocation technologies (see the privacy policy).
Availability and modification of Rewind Services
The Rewind Services are in principle accessible 24 hours a day, seven days a week, within the limits of the abovementioned conditions of access and use and the stipulations of article 8 Liability below.
However, Rewind reserves the right, without notice or compensation, to temporarily suspend access to the Services:
- For the purpose of making any modifications, adaptations and improvements to the Services, in particular related to technical developments as well as modifications or additions to the functionality of the Services, in the graphic interface or design of the Site or Application. Rewind undertakes that this does not result in any deterioration in quality or substantial modification of the functionality of the Services.
- For the purpose 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.
Article 5. Pricing conditions – Absence of 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 supplied on a material medium whose execution has started after express prior agreement of the consumer and express waiver of his right of withdrawal.
5.2 Purchases – Duration
Users can access the Services by unit purchases. Purchases are made from the Application or the Site.
Unit purchases of guided tours allow the User to carry out each guided tour twice as long as he has an Account on the Application and the Site.
5.3.Price
The prices for access to Rewind Services are indicated on the Application in euros and all taxes included.
Rewind reserves the right to modify the price of each of the formulas, the price applicable to the User being that in force on the day of its unit purchase.
Payment for 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 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 purchase price is paid in advance.
Article 6. Declaration of capacity
The User declares to have the legal capacity allowing him to validly accept these General Conditions, that is to say to have a legal majority and not to be the subject of a legal protection measure for adults or, if the User is minor, hold a parental authorization allowing him to make a valid commitment under these terms.
Article 7. Territory
Access to Rewind Services is open to anyone.
Article 8. Liability
Rewind undertakes with the User to provide the Rewind Services in diligent professional, within the framework of an obligation of means.
The functioning of the Application, the Site and the Services are notably based on technologies developed and exploited by third parties for which Rewind has no means of intervention. Thus, Rewind can in no way be held responsible for any malfunctions in access to 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, actual conditions different from the results on the map and content, unavailability of the host or geolocation providers, maintenance operation, etc.).
Rewind cannot be held responsible for third-party applications or third-party content offered by a third party on or through the Rewind Services or for advertisements appearing when using the Services.
It is the User’s responsibility to protect their equipment against any form of intrusion and / or contamination by malicious or harmful programs. Rewind can in no way be held liable for damage that may occur in such cases. Rewind can not generally be held responsible for any malfunction or any deterioration of the User’s equipment related to the use of the Services.
The User declares that he has had access to information relating to the functionality of the Services and the equipment required for their use. This information may again be communicated to the User upon request from him 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 functionality.
Rewind disclaims all responsibility 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 failures or breakdowns.
The User is also solely responsible for the adequacy of the Services to his needs. Finally, the User is solely responsible for the use he makes of the Rewind Services and cannot hold Rewind responsible for any complaint and / or procedure against him due to 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 regard 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 move forward with discernment and precautions.
The User undertakes to make his personal business of any complaint, claim, or opposition and more generally of any procedure brought against Rewind emanating from a third party which is linked to his use of the Rewind Service.
Article 9. Intellectual property
The Site and the Application as well as all their content (brands, photographs, texts, illustrations, videos, graphics, software etc.) belong to Rewind and / or its partners who are the sole owners. All these elements are protected under intellectual property rights and in particular 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 to Users, on a non-exclusive basis, the right to use the Site and the Application and their content to the extent necessary for the use of the Services.
Article 10. Invalidity of a clause
In the event that one of the provisions of these Terms of Use is declared invalid or unenforceable for any reason whatsoever, the other provisions will remain applicable without change.
Article 11. Applicable law and litigation
These Terms of Use are subject to French law.
In the event of a dispute, the parties will seek an amicable solution before any legal action. If these attempts fail, all disputes related to the validity, interpretation and / or execution of these Terms of Use must be brought before the competent courts under the conditions of ordinary law.
The User is further informed that he may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative method of settling disputes (conciliation, for example) in the event of a dispute.