Terms and conditions of use
1. Purpose
The purpose of these general terms is to set out the conditions under which Marmignon Brothers grants the Client a right to use the service E-dutainment.com. These general terms prevail over any other terms, with the exception of those expressly accepted by the company. Any act of purchase or use entails full acceptance of these terms. This English text is a translation provided for information only; the French version of these terms is the legally binding one.
2. Definitions
For the purposes of these general terms, the following definitions apply. Company means the supplier, Marmignon Brothers. Client means the legal entity or individual acquiring the right of use on behalf of their company. User means the individual specifically designated as user of the service. Product means all the content made available to the Client and usable under named user licences. Licence means the right of use acquired by the Client, for a set duration and a set number of users, as specified in the proposal.
3. Licence usage rights
The Client or User may use the Product only for their own needs and within the limit specified in the proposal. The Client or User may not grant the right of use to third parties, even free of charge. Some information and data available on the site is produced by third parties: the Company undertakes to use its best efforts to guarantee that it is reliable, relevant, accurate and complete, but cannot be held liable for errors, for information being unavailable, or for the presence of viruses on its site.
4. Time to access
Delivery takes place either on the day Client Support sends the created user accounts to the Client by email, or on the day Client Support sends the Client by email the information needed to create the user accounts. The Product is accessible as soon as delivery has taken place. A licence is activated from the delivery date. Documentation relating to use of the Product is delivered by email on the day of delivery.
5. Support
Client Support answers the User’s or the Client’s technical or educational questions. Client Support can be reached by email at contact@marmignonbrothers.com or via the “Contact support” page available from the site e-dutainment.com. The time taken to handle the request varies with the seriousness of the problem encountered by the Client.
6. Personal data
In accordance with French data protection law no. 78-17 of 6 January, as amended by the law of 6 August 2004, the Client has a right of access to, rectification of and deletion of personal information concerning them. This information is collected by the Company for commercial purposes and will not be passed on to third parties. The Client may exercise this right at the following address: Marmignon Brothers, 5 rue du pont des moines, 59145 Berlaimont, France. The Company may mention the Client’s name in its commercial references and use the Client’s commercial logo, whether on its website or on any other medium, without limitation of time, unless the Client gives notice to the contrary in writing by registered letter with acknowledgement of receipt.
7. Intellectual property
The Client acknowledges that the content of the Product is protected by intellectual property rights and may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed, sold, exploited or modified in any way whatsoever without the express authorisation of the Company. All elements of this site are the property of the site’s publishers, excluding elements originating from partners. The Company and its suppliers retain ownership of all intellectual property rights. This includes, without limitation, the programs and the data, as well as all content protected by intellectual property and copyright law (including patent and trade mark law) and by the international legal provisions in force relating to intellectual property. The Client agrees to notify the Company as soon as possible if they become aware of any breach of these intellectual property rights, and undertakes to help the Company remedy it as far as they are able.
8. Right of withdrawal
In accordance with article L.121-20 of the French Consumer Code, the Client has a right of withdrawal within seven (7) days of the delivery date. On receipt of the withdrawal letter sent by registered post with acknowledgement of receipt, the Company will refund the sums paid by the Client within thirty (30) days. A Client or User who uses the Product before the end of the seven (7) clear-day period loses the ability to exercise their right of withdrawal.
9. Liability
The Company gives no warranty as to the performance or the results the Client might obtain by using the Product. The Client assumes all responsibility concerning: the suitability of the Product for their needs, the use of the Product, the language level within their institution, and the choice of equipment suited to their needs. The Company is bound by an obligation of means, not of results. The Company will implement the measures required to safeguard the data it collects in the course of performing its obligations. The Company also undertakes to implement all measures necessary to ensure the Service functions. The Company cannot, however, be held liable for the consequences of events outside its control, such as power failures, internet outages or network blockages. On that basis, the Company cannot be liable to a user or any other party for direct or indirect, special, particular or incidental damages arising from the use of this site or of another site linked by hyperlink.
10. Maintenance
The Client acknowledges and accepts that the content of the Service may contain technical inaccuracies or errors and that the Company may make improvements or changes to it. For maintenance reasons, the Company may temporarily interrupt access to the Service.
11. Force majeure
The Company’s liability cannot be engaged where the non-performance or the delay in performing one of its obligations described in these general terms of sale results from a case of force majeure. Force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.
12. Competent court
Any dispute relating to the interpretation and performance of these general terms of sale is subject to French law. Failing amicable resolution, the dispute will be brought before the Commercial Court of Valenciennes.
13. Hyperlinks
The company authorises any website or other medium to cite the site or to set up a hyperlink pointing to the address of the service.
14. The service
Video playback quality depends on the device used and on the network conditions at the time of viewing, in particular the available bandwidth and the speed of the Client’s internet connection. Standard-definition playback requires a stable connection; high-definition playback requires more bandwidth, and not all content is available in every definition. Internet access costs are borne by the Client or the User. Loading times vary with the same factors. The playback software is provided as part of the Service and its features may differ from one device or operating system to another. The Client and the User accept that this software, and any associated third-party components, may be updated automatically.