1.1 The company MUSIC CARE (hereafter the 'Company' or 'MUSIC CARE') is a French société par actions simplifiée registered at the trade and companies registry of Paris under the number 505 386 425, having its registered office at 7, rue de la Popincourt, 75011 Paris, represented by its chairman, Stéphane Guétin.
The contact details of the Customer Services Department of the Company are as follows: E-mail: firstname.lastname@example.org, Tel: +33 9 52 03 03 54
MUSIC CARE is the publisher of the website http://www.music-care.com (hereafter the 'Site') and of the Music Care mobile app available for download from Apple Store and Google Play (hereafter the 'App').
It is also the creator and publisher of the Music Care listening software (hereafter the 'MC Software').
1.2 The business activity of MUSIC CARE is the research, development and marketing of therapeutic and wellbeing solutions that combine music with the neurosciences. It publishes and markets musical compositions, whether alone or associated with other content, such as VR images, specially developed in line with technical and scientific specifications to be used in the form of listening sessions designed to support the treatment of certain physical or mental conditions (pain, anxiety, stress, depression, sleep disorders, memory disorders, hyperactivity, burn-out, etc.), to reduce the consumption of medicines and to improve wellbeing (hereafter the 'Musical Sessions').
The services offered by MUSIC CARE to private individuals consist of providing access to the Musical Sessions via its MC Software, which may, or may not, be associated with other services (assessment tools, session customisation, etc.) proposed in the form of paid subscriptions (hereafter the 'Subscriptions') that can be exploited via the Site or App (hereafter the 'Services').
1.3 These general terms and conditions (hereafter the 'T&Cs') define the terms of sale of the Services to PRIVATE INDIVIDUAL clients only (hereafter the 'Client') and the respective rights and obligations of MUSIC CARE and ANY PRIVATE INDIVIDUAL USER of the Services (hereafter the 'User'). The conditions of sale and use of the Services to PROFESSIONAL clients are covered in separate terms and conditions.
The T&Cs are enforceable in respect of the sale of any Service to any private individual Client and to any use of the Services by any User.
1.4 These T&Cs may be viewed and printed off at any time via the Site.
A PDF version may also be requested by contacting MUSIC CARE at email@example.com.
The services offered by MUSIC CARE to private individuals consist of providing access to the Musical Sessions via its MC Software, which may, or may not, be associated with other services (assessment tools, session customisation, etc.) proposed in the form of paid or unpaid subscriptions (hereafter the 'Subscriptions') that can be exploited via the Site or App (hereafter the 'Services').
The Services may ONLY be accessed by private individuals with a prescription from a client healthcare or wellbeing institution of MUSIC CARE that has subscribed to a MUSIC CARE business offering governed by the professional T&Cs specific to such offerings (hereafter the 'Prescriber').
MUSIC CARE provides each Prescriber with a unique code enabling its own private individual clients to subscribe to the Services of Music Care (hereafter the 'Prescriber Codes').
The various access offerings proposed to Clients by MUSIC CARE, notably Subscriptions, are described on the Site.
Such offerings are available for as long as they remain on the Site.
MUSIC CARE reserves the right at all times to withdraw from sale, replace or modify any Service offering and/or any information relating to the Services featured on the Site, including the price thereof, prior to completing any sale.
All Subscriptions provide unlimited individual and personal access to all listening Musical Sessions via the MC Software on the Site and/or App throughout the validity of the Subscription.
All Subscriptions remain valid for ONE (1) month and are tacitly renewed each month until cancelled by the User.
In order to cancel a Subscription, the User must access their account area and click on 'Cancel my Subscription' and follow the procedure provided. On receipt, MUSIC CARE will send a cancellation confirmation to the User. The Subscription will terminate at the end of the month of cancellation. Any month commenced shall remain due.
4. ACCESS TO THE SERVICES
4.1 Technical prerequisites
In order to access the Services, the User must have a screen and internet access in order to enter the Site and a mobile device in order to download the App, should the User wish to use this system.
The equipment required to access and use the Services is the responsibility of the User, as are the related telecommunications costs.
By using the Services, the User acknowledges to have the means and skills required for effective utilisation of the Services.
4.2 General conditions
Any utilisation of the Services is subject to having read, understood and accepted these T&Cs in advance.
By ticking the box 'I have read and accept the T&Cs', the User expressly declares to have accepted all the provisions of the T&Cs, which become immediately enforceable against the User.
Any utilisation of the Services entails unreserved acceptance of the T&Cs in force at the time of said utilisation.
These T&Cs shall prevail over any other document relating to utilisation of the Services.
4.3 Age declaration
Use of the Services by unauthorised minors is prohibited.
By accepting these T&Cs, the User expressly declares to have attained legal majority and to have the legal capacity to be bound by the T&Cs or, if the User is a minor, to be in possession of express parental authorisation to be bound by the T&Cs. Proof of the foregoing must be provided to MUSIC CARE if so requested.
4.4 Creation of a user account (hereafter the 'Account')
To access the Services, the User must first of all create an Account on the Site.
An Account is created by entering the Prescriber Code communicated to the User by a Prescriber and by completing the form provided in the 'Create an account' area of the Site.
When creating an Account, the User enters identification data under their sole responsibility.
On receipt of the information, MUSIC CARE will forward an e-mail to the address entered when creating the Account containing an activation link, a username and password (hereafter the 'Codes').
The User may then configure their Account using the Codes.
Each Account is both individual and personal.
The User's Codes are strictly personal and must not be communicated to any third party.
The User bears sole responsibility for the utilisation of their Codes.
The User may delete their Account at any time by sending a request to MUSIC CARE via the Site. This is done by clicking on 'Delete my account' in the 'Info' page of the User's Account area.
On receipt, MUSIC CARE will confirm closure of the Account by forwarding an e-mail to the Account address provided.
All data and content relating to the Account will then be deleted within 7 days. Beyond this period MUSIC CARE will only retain anonymised data relating to the account for R&D and statistical purposes.
4.5 Making a Subscription
To access the Services, the User must then purchase a Subscription via their Account.
The procedure is as follows:
1. Visit the Site
2. Access the Account using your Codes
3. Purchase a Subscription by following the online payment procedure
Once the purchase has been confirmed, the User will receive a confirmation e-mail from MUSIC CARE enabling the User to activate their Subscription.
The User will be informed that any purchase may be cancelled and reimbursed in the event of a breach of these T&Cs.
Where MUSIC CARE offers free Subscriptions the procedure remains the same, apart from the payment step, which no longer applies.
5. PRICE and PAYMENT
The selling prices of MUSIC CARE Services are provided on the Site (hereafter the 'Prices').
Prices are stated in euros inclusive of VAT.
They include any reduction/discount applicable on the day of purchase.
They include VAT at the currently applicable rate, unless the User is in a country where VAT does not apply.
They also include all other taxes and contributions that may apply, notably environmental levies.
Means of payment for Subscriptions are detailed on the Site.
Payments via the Site are secured using the external payment administration solution Monético, to which the latter's own terms and conditions shall apply.
Once payment has been made, MUSIC CARE retains NO bank data.
To obtain an invoice for purchases made on the Site, the User must send a request to firstname.lastname@example.org.
6. WAIVER TO THE RIGHT OF WITHDRAWAL
In accordance with Article 221-19 of the French Consumer Code, the User hereby expressly declares to waive their right of withdrawal to enable immediate receipt of the digital contents of the Site and Services.
7. UTILISATION OF THE SERVICES
On receipt of full payment for the Subscription and throughout the Subscription duration, subject to having made all subsequent due payments, the User is authorised by MUSIC CARE to use the Services covered by their Subscription on a non-exclusive basis and within the strict limits of full compliance with the T&Cs:
-In streaming and temporary download mode only via the Site and/or App
-For the sole purposes of the healthcare and wellbeing functions of the Musical Sessions, as set out in the introduction
-For individual and personal use only and in no manner whatsoever for commercial purposes
It is specified that such authorisation may not be assigned and does not constitute any form whatsoever of transfer of title in favour of the User. The User shall therefore refrain from assigning, transferring, lending, sub-licensing, delegating or conceding any utilisation right provided hereunder, whether remunerated or free of charge, whether directly of indirectly, without prior written authorisation from MUSIC CARE.
Any unauthorised use of a Subscription may give rise to legal action and a claim for compensation.
8. SERVICE AVAILABILITY AND MAINTENANCE
The Services are accessible via the Site and App 24/7, unless prevented by an event of force majeure, by an event outside the control of MUSIC CARE and subject to any system failure and/or works required to maintain the proper functioning of the Services.
MUSIC CARE may not be held liable for any disruption, outage or fault outside its control that may affect transmission via the internet or, more generally, via the telecommunications network, regardless of the scale or duration.
It is furthermore specified that MUSIC CARE may be required to temporarily suspend access to the Services for the purposes of carrying out maintenance, updates and repairs.
MUSIC CARE cannot guarantee that the Services will be free of anomalies, viruses or errors, or that they will be provided without interruption. Accordingly, no guarantee whatsoever is provided regarding Service availability, accuracy, reliability, information or content.
Throughout the term of the Subscription, MUSIC CARE will carry out operational and corrective maintenance of the Services to ensure maximum service continuity for the User. The User must apply the updates requested by MUSIC CARE to enable the proper utilisation of their Subscription.
MUSIC CARE's liability towards the User is restricted to an obligation of means.
Should MUSIC CARE upgrade the Services during the Subscription, although this does not constitute an obligation on the part of MUSIC CARE, the User shall automatically benefit from the Services' new features and functionalities throughout their Subscription.
9. PERSONAL DATA PROTECTION
MUSIC CARE and the User undertake to comply with the terms specified in this article and with applicable personal data protection legislation, notably EU regulation no. 2016/679 known as the GDPR.
Under the GDPR, personal data means 'any information relating to an identified or identifiable natural person (‘data subject’); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, unique identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social or gender identity of that person'.
MUSIC CARE processes and retains all personal data of which it is the data controller in accordance with its Data Protection Policy, available at https://www.music-care.com/en/personal-data.html.
10. INTELLECTUAL PROPERTY RIGHTS
The User expressly acknowledges that MUSIC CARE is the sole holder of all intellectual property rights attached to:
- The Company, notably its name, trademarks and brand;
- The Site, notably its architecture, tree structure, organisation, software, pages, functionalities, visual and graphical appearance, texts, animated or still images, sounds, know-how, designs and all other elements constituting the Site;
- The App, notably its architecture, tree structure, organisation, software, pages, functionalities, visual and graphical appearance, texts, animated or still images, sounds, know-how, designs and all other elements constituting the App;
- The MC Software, notably its architecture, tree structure, organisation, software, pages, functionalities, visual and graphical appearance, texts, animated or still images, sounds, know-how, designs and all other elements constituting the MC Software;
- The Musical Sessions, notably in its capacity as producer and/or publisher;
- The databases designed and administered by MUSIC CARE, including their structure and content;
- The names, symbols, logos, colours, graphics and other signs that may be used, produced or exploited by MUSIC CARE.
It is therefore prohibited to represent, reproduce and/or modify in any manner whatsoever the aforementioned elements, whether directly or indirectly, whether in whole or in part, and, more generally, to use or exploit said elements other than during the execution hereof.
Accordingly, any reproduction or utilisation of all or part of said elements is solely authorised for information purposes for personal and private use, whereby any reproduction or utilisation of copies produced for other purposes is expressly prohibited.
Any other utilisation without prior written authorisation from MUSIC CARE constitutes a breach that may lead to legal action.
Any total or partial reproduction of the content of the Site, App and/or Services by any process whatsoever is prohibited and constitutes infringement contrary to Article L.335-2 et seq. and Article L.713-1 et seq. of the French Intellectual Property Code.
MUSIC CARE also expressly prohibits:
1. Any extraction via permanent or temporary transfer of all or any qualitatively or quantitatively substantial part of the contents of the database of the Site, App and/or Services to another medium, via any means and in any form whatsoever;
2. Any re-utilisation by making publicly available all or any qualitatively or quantitatively substantial part of the contents of the database of the Site, App and/or Services to another medium, via any means and in any form whatsoever;
3. Any extraction or repeated and systematic re-utilisation of qualitatively or quantitatively non-substantial parts of the contents of the database of the Site, App and/or Services, where such action manifestly exceeds the normal conditions of use of said database.
11. REPRESENTATIONS AND WARRANTIES
The User declares that they enjoy the right and capacity to be bound by these T&Cs and to be able to comply with the provisions contained herein.
The User undertakes to comply with these T&Cs and with all legal provisions that apply to the Services and to ensure that they are respected by any person acting on their behalf, such as employees, partners, consultants and trainees.
The User hereby agrees only to make personal use of the Site, App and/or Services in accordance with these T&Cs and to comply with all instructions for utilisation of the Services that may be issued by MUSIC CARE.
Any illegal use or use contrary to the T&Cs shall lead to immediate deletion of the User's Account without any entitlement to compensation, notwithstanding the right of MUSIC CARE to assert a claim for damages in the courts.
- The User furthermore agrees to refrain from:
- Using the Site, App and/or Services for any commercial purpose, whether remunerated or free of charge;
- Using the Site, App and/or Services in any illegal manner, for any illicit purpose or in any manner incompatible with these T&Cs;
- Preventing or disrupting the provision of the Services and/or the activities of MUSIC CARE and to comply with all mandatory conditions, procedures and general rules forwarded to the User by MUSIC CARE in the interests of proper delivery of the Services;
- Accessing any of the source codes of the Site, App and/or Services in any manner whatsoever, notably for the purposes of designing a competitive solution;
- Deleting or circumventing any technical preventive measure or using or producing for any purpose any means of facilitating the unauthorised deletion or circumvention of technical preventive measures;
- Attempting to obtain and/or use any unauthorised access to the Services for purposes other than those provided for under the Subscription or taking any action that may disrupt, diminish the quality of or interfere with the performance or in any other manner degrade the activities of MUSIC CARE;
- Denigrating the Services and/or the name of MUSIC CARE on social networks and/or on any other means of communication.
The User undertakes to communicate all information required for MUSIC CARE to be able to deliver the Services, whereby said information shall be complete, up to date and pertinent and not adversely affect any information concerning third parties.
The User also notably undertakes to notify MUSIC CARE without undue delay in the event of losing their Codes, whereby MUSIC CARE will provide new Codes. MUSIC CARE cannot accept any liability in the event of the loss or incorrect utilisation of such information.
The User expressly undertakes that such information they provide shall be complete and accurate and not infringe any third-party rights, notably in terms of identity theft. The User shall indemnify MUSIC CARE for any infringement in this regard.
The User is notified of the requirement to regularly update their personal information, for which the User alone shall be responsible.
The User undertakes to take all reasonable steps to prevent any unauthorised access to or utilisation of their Account and/or of the Services and, in the event of any such unauthorised access or utilisation, to notify MUSIC CARE thereof without undue delay.
The User shall be personally liable for any dispute or legal action relating to their information and data and for any breach of their obligations, and shall indemnify MUSIC CARE in this regard.
MUSIC CARE notably rejects all liability in the event of any dispute between the User and any medical or professional body concerning any breach of ethics.
The User shall indemnify MUSIC CARE against any recourse or claim brought against the latter by any third party as a result of any breach of the aforementioned obligations and/or, more generally, resulting from the User's utilisation of the Services, including any legal and court costs, and undertakes in this regard to take part in any court action instigated against MUSIC CARE.
MUSIC CARE undertakes to describe with utmost accuracy the information presented on the Site and/or App and to ensure that the information contained therein is updated in an optimum manner.
However, MUSIC CARE cannot guarantee the completeness, reliability or pertinence of the information contained on the Site and/or App, nor the appropriateness thereof vis-à-vis the User's requirements.
Any interpretation or utilisation of the information contained on the Site and/or App therefore fall under the exclusive responsibility of the User to the exclusion of that of MUSIC CARE.
Consequently, the User is fully aware that the liability of MUSIC CARE may not be invoked in this regard.
Within the context of implementation of the T&Cs, MUSIC CARE and its hosting and technology providers, as applicable, may not be held liable for any damage resulting from:
- Any utilisation of the Site, App and/or Services that does not comply with the T&Cs;
- Or, more generally, any fault on the part of the User.
A fault on the part of the User that may be actioned against the latter shall include any incorrect utilisation of the Site, App and/or Services, any failing, negligence, omission or breach on the part of the User, any disclosure or illicit utilisation of the User's password or Codes, any provision of incorrect information or failure to update said information.
The utilisation of any technical process such as robots or automatic requests contravening the letter or spirit of these T&Cs shall also be treated as a fault on the part of the User.
MUSIC CARE and its hosting and technical providers, as applicable, may not be held liable for any damage resulting from:
- Temporary or total non-availability of access to all or part of the Site, App and/or Services, any difficulty relating to response times and, more generally, any inadequate level of performance;
- An event of force majeure, as defined in the article entitled FORCE MAJEURE.
Lastly, the User declares to be aware of the fragility of the internet, notably in terms of the spreading of viruses, for which neither MUSIC CARE nor its hosting and technical providers may be held liable.
The User is responsible for arming their own devices with security systems able to prevent the spreading of viruses.
The User may only invoke the liability of MUSIC CARE after having notified the latter of the alleged breach by registered letter with confirmation of receipt that fails to elicit an adequate response from MUSIC CARE within 30 days of receipt of said formal notice.
It is emphasised that the liability of MUSIC CARE may only be sought in the event of direct damage caused by a proven fault.
13. FORCE MAJEURE
The liability of MUSIC CARE may not be invoked in the event of it breaching any of its contractual obligations resulting from an act of God or an event of force majeure, as defined by Article 1218 of the French Civil Code and under French case law.
An event of force majeure shall mean any act, event, non-performance, omission or incident outside the control of MUSIC CARE, notably including, without limitation:
- Strikes, closures or other industrial action;
- Civil unrest, riot, invasion, terrorist attack or threat thereof, war (declared or otherwise) or threat of or preparations for war;
- Fire, explosion, storm, flood, earthquake, subsidence or other natural disasters;
- Any failing or incident affecting transportation by sea, post, air, road or other means of public or private transport;
- Impossibility of using public or private telecommunications networks;
- Any government act, decree, legislation, regulation or restriction.
The performance of the T&Cs shall be suspended for the duration of the event of force majeure and the performance deadlines extended accordingly. MUSIC CARE shall take all reasonable steps to terminate the event of force majeure or to mitigate the effects thereof in order to be able to meet its contractual obligations.
14. ABSENCE OF INTUITU PERSONAE AND CONTRACT ASSIGNMENT
MUSIC CARE is authorised to assign its rights and obligations hereunder to any person or company at any time. The User may not prevent any such action nor assert any claim in respect thereof.
Conversely, the User may not assign their rights or obligations hereunder to any natural person or legal entity.
15. MODIFICATION OF THE T&Cs
The T&Cs may be unilaterally modified or updated by MUSIC CARE at any time, notably in order to reflect any legislative or regulatory developments.
The applicable T&Cs are those in force on the day of Services utilisation and/or purchase.
16. GENERAL PROVISIONS
No statement or document may give rise to an obligation not included in these T&Cs unless covered by a new agreement between MUSIC CARE and the User.
Should MUSIC CARE fail to enforce the application of any clause of the T&Cs, whether on a permanent or temporary basis, under no circumstances may this be considered to constitute a waiver to said or any other clause.
The headings to the clauses hereof are provided for information purposes without any contractual value.
Should any provision of these T&Cs be declared invalid under any applicable legislative or regulatory provision and/or under any definitive court decision, said provision shall be deemed not to have been written but shall not affect the validity of the remaining clauses which shall retain their full effect.
17. MEDIATION – ARBITRATION
In the event of any dispute relating to the execution of the T&Cs, the User shall in the first instance contact the Customer Services Department of MUSIC CARE in writing.
Should the Customer Services department be unable to satisfy the complaint or fail to provide a response within 2 calendar months of receiving said complaint, the User may submit their dispute with MUSIC CARE relating to their purchase or to these T&Cs to a mediator, who will independently and impartially seek to establish an amicable settlement between the parties.
The contact details of the mediator designated by MUSIC CARE are available on request from the Customer Services Department.
Utilisation of the mediation procedure is free of charge for the User.
The parties shall remain free to accept or reject recourse to mediation and, should the procedure be adopted, to accept or reject any solution proposed by the mediator.
18. APPLICABLE LAW – COMPETENT COURT
The T&Cs are written in French.
These T&Cs shall be governed by French law.
Any dispute shall be submitted to the courts with jurisdiction over the place of residence of the User unless agreed otherwise by the User and MUSIC CARE.