The present general terms and conditions of use of the “DAYDATE” Application (“Tou”) are a framework for the rights and obligations of any user wishing to connect to it. Access to any service accessible via the “DAYDATE” application is worth full acceptance of the TOS.
DAYDATE reserves the right, on its own initiative, to modify, supplement or suspend the right to use DAYDATE (“Update”). These updates can be notified to the user through the application or email address communicated for the creation of his account.
The user will have to read it. The updates will take effect immediately. As soon as it continues to use DAYDATE, it is worth full acceptance of its share of the new updated TOS. The user shall at any time enjoy the right to terminate or terminate his subscription or use in accordance with article 9.
- “Subscription” means subscriptions for payment of Services accessible through the DAYDATE Application.
- “Administrator”: means the person appointed by DAYDATE responsible for managing, monitoring and administering the DAYDATE application.
- “DAYDATE application” means the software application, owned by DAYDATE, accessible on mobile and made available to users and partners for the purpose of providing Services.
- “Criteria” means a paid service to filter user events based not only on the activity but also on the profile of their participants.
- “Invitations”: means the meeting proposals made by users and shared on the network of the DAYDATE application.
- “Initiator”: means the user or partner at the origin of the creation of an Invitation
- “Guest”: means the user that an initiator chooses to participate in his or her Invitation.
- “Interest” means the action of a user to signify his interest in an Invitation to his initiator.
- Starcoins: Make up the paid currency and make available to users. Starcoins allow users to be able to respond to invitations received and create their own invitations.
- “Packs”: Designate the packages of Starcoins put on sale on the DAYDATE Application and that users can buy to increase their credit of Starcoins. The packs can be used at any time without restriction of duration. The DAYDATE Application sells 3 packs containing 5, 15 and 50 Starcoins respectively.
- “Confirmation” means the moment or the initiator of an invitation selects the guest of his or her choice
- “Facebook” means the third party company Facebook Inc., the owner of the Facebook ™ brands, and its services, being specified that Facebook Inc. does not assume any responsibility for the operation of the DAYDATE Application.
- “Filter” means a Service, free or payable, as the case can be, allowing users to sort out the invitations or users that arouse their interest.
- “DAYDATE”: means the simplified company of French law registered in the Register of commerce and companies of Paris under No. 820 06 091, whose registered office is located 44 rue de la Gare de Reuilly, 75012 Paris.
- “Partner” means any partner of DAYDATE who contractually confides to him the presentation and promotion, in the Application, of partner invitations.
- “Profile”: means all the information specific to the user, populated by it in the DAYDATE Application.
- “Services” means all services accessible through DAYDATE to meet the needs of users.
- “Users”: means all persons registered on the DAYDATE Application making use of the Services.
2. PRESENTATION of the DAYDATE APPLICATION
2.1 DAYDATE puts at the disposal of users a software application of interpersonal meeting, called DAYDATE, which places the real meeting at the heart of the meeting process. With the DAYDATE Application, users, depending on the rights available to them respectively, have the possibility to meet people corresponding to their affinities during invitations for head-to-head glasses organized by either other Users or partners.
2.2 Some Services of the DAYDATE Application are available free of charge, others require the purchase of credits, as described in article 5 below.
3. Warnings prior to registration
3.1 The DAYDATE Application is reserved for the private use of major persons who have full legal capacity. Any use of the DAYDATE Application by a minor is expressly prohibited.
3.2 Every user must always keep in mind to protect his privacy. On this point, the national Commission for informatics and freedoms issues, on its website cnil.fr, useful recommendations for all users of dating sites.
3.3 The DAYDATE application is not a matrimonial brokerage service, but a software application that allows users to facilitate their encounters with other users. Each user is responsible for his own actions and must take all the precautions he deems to be useful and reasonable in the course of a meeting, as he would in any situation independent of the use of the DAYDATE Application.
3.4 The responsibility for the smooth running of user encounters is at the sole charge of the initiators and the guests involved.
4. Access to the DAYDATE APPLICATION
4.1 Any person meeting the requirements of section 3.1 may connect to the DAYDATE Application.
4.2 The connection mode, the hardware used for the connection, and the cost of the connection are the sole responsibility of the person who wants to connect to the DAYDATE Application. DAYDATE cannot, in particular, be responsible for any possible difficulties in providing access to the Internet.
4.3 DAYDATE user of all reasonable efforts to make the Application DAYDATE available 24 hours a day, 7 days a week, subject to the constraints of the Internet, possible technical failures, maintenance operations, operations Improvement of the application or circumstances beyond its reasonable control (force majeure). These events may occur without prior warning, even if DAYDATE will endeavour, as far as possible, to anticipate any maintenance or improvement of the DAYDATE Application.
By using the Service, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
- use the Service for any harmful or nefarious purpose
- use the Service in order to damage Daydate
- spam, solicit money from or defraud any users.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
- post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
- use another user’s account.
- create another account if we have already terminated your account, unless you have our permission.
- Daydate reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Daydate regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.
6. Other Users’ Content.
Although Daydate reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Daydate cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via firstname.lastname@example.org.
7. Registering for the DAYDATE APPLICATION
7.1 General rules
7.1.1 Any person who meets the requirements of section 3.1 may, in terms of principles, register on the DAYDATE Application.
7.1.2 in order to proceed with registration, it is necessary to consult and accept these Tos, to connect to the DAYDATE Application, to constitute the part of its obligatory profile and to confirm the creation of its personal account.
7.1.3 to connect to the DAYDATE Application, the user must log in through his Personal FACEBOOK ™ account to facilitate the creation of his profile and avoid the multiplication of passwords. In this case, the browser establishes a binding by Application programming Interface (API) with the servers of Facebook ™, being specified that the user can obtain on the website of Facebook ™ all relevant information about the policy of Protection of the company’s personal data. No information will be posted on FACEBOOK ™ for registration with the DAYDATE Application.
7.1.4 once logged into the Application, the user must fill in his/her profile, knowing that DAYDATE does not incur any obligation to verify the veracity of the various user identity elements.
All information on the first page that deriving the profile in the DAYDATE Application is mandatory (photography, pseudo, sex, date of birth). In the absence of the insertion of these various obligatory information, the profile cannot be considered as usable and the inscription cannot be completed. If a person does not wish to fill in certain obligatory information, for example if he or she feels that the fact of informing them may be likely to contradict the preservation of their privacy, they must renounce their intended use of the DAYDATE Application.
Other information is optional and can be filled in by users either at the time of their profile creation or at any point in their use of the Services. This optional information relates in particular to:
Profile details: Belief, lifestyle (diet, tobacco consumption), user’s presentation, keywords, recommendations requested from friends to introduce the user.
Selection of the user’s favourite activities: Selection of categories and sub-categories of activities (as practitioner and/or spectator);
Information on the criteria of the user: Age preference and distance preference (geographical perimeter between the places of life of the users, from 0 to 200 kms), as well as additional criteria.
Although this information is optional, users are advised to fill them out, if they wish, since these different fields describing their tastes and personality will allow them not only to refine their use of The DAYDATE Application, especially for the choice of invitations and users representing for them an interest, but also to allow other users to discover them in more detail.
It is pointed out that the profile of users (in particular their pseudonyms and photographs) must not contain any degrading, defamatory, contrary to public order or morality, pornographer, racist, inciter to violence or Hatred, infringing or otherwise objectionable.
7.1.5 to fill the contents of its profile, any user agrees to provide accurate personal data, which must be kept up to date regularly. It is strictly forbidden to use non-personal data or create multiple profiles for the same user.
7.1.6 the Services are reserved for the personal use of the user concerned, from his personal account accessible with his “username” and his “password”. The username and password are under the control and responsibility of the users and must remain strictly personal, confidential and secure. If a user finds the fraudulent use of an identifier or password, he commits to notify DAYDATE immediately so that they are disabled.
7.1.7 the user is responsible for any act committed through his account, he undertakes to refrain from any activity contrary to the laws, regulations or these tou. In the event of unlawful acts, DAYDATE reserves the right to send warnings to users, without prejudice to any other measures related in particular to the application of the principle of exception of non-performance, such as a suspension of his account during a Period of up to three months, or any legal action against them.
7.2 Access to free and pay Services
7.2.1 when it has completed its profile and validated its registration, the user can freely access the free Services described in article 6.1 below.
7.2.2 when it has completed its profile, validated its registration and subscribes to a subscription, the user can freely access the pay Services described in article 6-2 below.
8. Free services and services available on subscription
8.1 Free Services
8.1.1 in the context of services accessible free of charge, users can benefit from all the following services:
Get all the details about the invitations and filter them according to certain criteria:
Users can get all the relevant details about the invitations received and the associated users or partners.
They can view invitations close to their home that have a priori the most affinity with the content of their profiles and refine their search by city, by type of invitations (Restaurant/Bar), by date, by price and by search scope of The Invitation.
They can also make use of the age preference criteria of the users participating in the invitations and preferably distance between the users ‘ living places.
Participate in an Invitation:
The DAYDATE Application allows users to express their interest in one or more invitations.
For partner invitations, the DAYDATE Application allows you to directly pay the registration price if applicable. For user invitations, the price of the registration if applicable must be paid on the spot on D-Day.
The partner invitations are organized for groups. User invitations can be arranged for duets.
The interest of a user in an invitation is subject to Confirmation from the initiator of the invitation, who assumes responsibility for its conduct. If such validation occurs, the user is notified through the DAYDATE Application.
If users participating in a confirmed invitation wish to cancel their participation, they expressly acknowledge that they are subject to the cancellation conditions applicable to this invitation. These conditions are specified in the DAYDATE Application.
Organize user invitations:
Users can offer user invitations and make the announcement via the DAYDATE Application. The material and financial conditions of these user invitations are freely determined by the users who are on the initiative. It is up to them to make sure that all the conditions are met for their smooth running.
Users can also filter users who can participate in the invitations they organize.
Inform, after a meeting following an invitation on their affinities:
After participating in an Invitation, users can inform about the DAYDATE Application if the meeting took place, and if they had an affinity.
Use e-mail from the DAYDATE Application:
The DAYDATE Application has a messaging feature, which allows users who have resulted in a confirmed invitation to exchange between them a few hours before the invitation time.
Any user who makes use of the messaging feature on the DAYDATE Application shall in particular undertake to ensure: i) the necessary confidentiality of the information exchanged, ii) to make a fair, courteous and bona fide use of this functionality, in particular with regard to the obligations specified in these TOS, III) to prohibit harassment, abusive solicitation, spamming, fishing or other behaviour which may directly or indirectly affect the rights of Other users and DAYDATE.
8.2 Non-Exhaustiveness and scalability
8.2.1 The purpose of these TOS is not to present exhaustively all the services of the DAYDATE Application, but only to the principal ones, being clarified that additional explanations on the services, features and Their uses can be provided on a case-by-case basis to users.
8.2.2 The DAYDATE Application is intended to evolve according to the needs or wishes of DAYDATE, users and partners. DAYDATE reserves the right to modify, delete, update, correct or enhance the DAYDATE application and/or any functionality or feature of the DAYDATE application at any time and without Prior warning. Any user of the DAYDATE Application expressly acknowledges that DAYDATE reserves such a right and that such modifications, deletions, updates, fixes or improvements shall in no case be considered as a breach of a Any obligation of DAYDATE.
8.2.3 It is underlined that, for all Services, DAYDATE reserves the right to carry out filtering measures, in particular to extract any content which it deems not in conformity with these TOS.
9. Price and payment
9.1 Price and payment of subscriptions
9.1.1 users who subscribe to a subscription must pay by credit card The sums advertised on the DAYDATE Application. The amount to be paid depends on the duration of the subscribed subscription. Prices are indicated in euros, all taxes included.
9.1.2 after the payment has been validated, the user receives a summary of the subscribed subscription, its expiration date and the amount paid, with a reference to the VAT at the current rate.
9.1.3 Starcoins are payable in accordance with the terms of payment provided and imposed by PPA. Store. The payments are secured in accordance with the legislation in force. AppStore is solely responsible for the payment terms and more generally of the payment process in accordance with the terms and conditions imposed by APP. Store. Any request for refund or claim relating to payments must be addressed to the APA services. Store.
9.1.4 subscription is totally independent of the amounts that users may have to pay to third parties to participate in paid invitations organized by partners or by users.
9.2 Price and payment of participation in invitations
9.2.1 the price requested by a user for the creation of an invitation is fixed by DAYDATE and depends on the day to which this invitation is intended. The creation of an Invitation is free for the same day. It costs 1 and 2 Starcoins respectively the next day or the following day. The price of the Invitation shall be reimbursed to its initiator if:
Initiator does not confirm guest for Invitation
The invitation expires
The invitation is cancelled before Confirmation
9.2.2. The price of participating in an Invitation is free as a guest.
10. Right of withdrawal
10.1 Terms of withdrawal
10.1.1 in accordance with the general terms and conditions imposed by APP. Store and article L121-18 of the consumer Code, it is rappelé́ that any purchase of a Starcoins Pack is final once the purchase has été́ validated under the legal conditions and the download has commencé́. The purchase of Starcoins does not qualify for a withdrawal period unless otherwise provided by APP Store.
10.2 Effects of retraction – reimbursement
10.2.1 the user will be reimbursed within a maximum of fourteen (14) days from the date on which he informed DAYDATE of his decision to retract.
10.2.2 the refund will be made by the same means of payment as that used to subscribe to the subscription.
10.3 Absence of right of withdrawal for invitations
10.4.1 users are informed that invitations, which are catering or leisure activities that must be provided on a specified date or period, do not give rise to a right of withdrawal, in accordance with Provisions of article L. 221-28 of the consumer Code.
10.4.2 invitations are only subject to the cancellation conditions specified in the DAYDATE Application and in these tou.
11. Personal Data PROTECTION Policy
11.1 Personal data is data that can be used to identify in a unique way or to contact a single person. The so-called “sensitive” personal data are those which show, directly or indirectly, racial or ethnic origins, political, philosophical or religious opinions or union membership or that are related to health or sex life. These data are protected in France by the amended Law n ° 78-17 of 6 January 1978 relating to information technology and freedoms.
11.2 To open an account, users are required to communicate:
Personal data identifying them
And the “sensitive” data of their sexual ORIENTATION, for the registration of which they express their consent;
This in order to benefit from a relevant service and capable of meeting their needs.
Members ‘ ATTENTION is drawn to the fact that by using the DAYDATE APPLICATION, beyond the intelligence of their sexual ORIENTATION in their profiles, they are also likely to communicate other “sensitive” personal data, including the Disclosure implies express consent on their PART.
11.3 The personal data collected enable DAYDATE to ensure the organization and management of the Services of the DAYDATE Application and its users, to carry out various operations relating to prospecting or solicitation, to develop Trade statistics, to organize promotional, advertising or event-making operations, to manage requests for access, rectification and opposition or to ensure the management of the opinions of users and partners. Their transmission is in this sense obligatory to be able to benefit from the functionality of the DAYDATE Application.
11.4 Unless otherwise agreed, no personal data shall be the subject of an external commercial operation at DAYDATE. DAYDATE may however be required to share personal data of users with companies that provide the services necessary for the operation of the DAYDATE application, such as hosting the application, processing Information and management of bank payments. DAYDATE may also be brought, as a result of the law, in the context of a judicial or administrative procedure or a request from the public authorities, to disclose personal data of users.
11.5 DAYDATE takes precautions (administrative, technical and physical) to protect the personal data of users and partners against loss, theft and misuse, as well as access, disclosure, alteration and Unauthorized destruction.
11.6 Personal data shall be kept for the duration necessary for the purposes described in these tou (duration of the relationship, then archiving allowing the benefit of evidence in accordance with the legal rules of limitation), unless a period of Longer conservation is imposed or permitted by law.
However, to ensure the quality of the Services and the preservation of personal data, DAYDATE disables the accounts of users who have not been used for more than six months after the end of the last subscribed subscription. Users who would like to use the DAYDATE Application after this deactivation will have to resume the entire registration procedure.
In addition, messages exchanged between users are automatically deleted after one year. If users wish to keep the copy of these messages, they are responsible for printing, copying or transferring them.
Regardless of the foregoing, users are informed that Decree No. 2011-219 of February 25, 2011 concerning the preservation and communication of data to identify any person who contributed to the creation of content posted online Imposes on-line service providers the conservation for one year, among other things, of the terminal identifier used for the connection, in order to enable the judicial authorities to have access to this information.
11.7 Pursuant to Articles 39 and following of the amended Act of 6 January 1978, users justifying their identity may require DAYDATE to be rectified, supplemented, updated, locked or deleted in accordance with the circumstances Personal nature concerning them, which are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or conservation is prohibited, by contacting DAYDATE at the following address: support@DAYDATE.com. They also have a right of opposition exercisable at the same address, described in section 38 of the aforementioned Act.
11.9 DAYDATE undertakes to ensure that the collection and processing of personal data of users is carried out in accordance with computer law and freedoms.
12. Intellectual Property
12.1 DAYDATE is the owner of the intellectual property rights in the DAYDATE Application. The unauthorized total or partial reproduction of this application by any means whatsoever, including digital, is prohibited without the express agreement of DAYDATE.
12.2 “DAYDATE”, “DAYDATE-APP.com”, “DAYDATE-APP.fr” and “DAYDATE-APP.net” are signs duly protected by industrial property rights. Any unauthorized use of these distinctive signs and marks without the prior permission of DAYDATE is illegal.
12.3 Users may not, and may not allow third parties, to make use of the DAYDATE Application for the benefit of any unauthorized third party natural or legal person, or license, sell, rent, transfer, assign or distribute the right Access and use granted to them by DAYDATE.
12.4 Users undertake not to make a infringing, unfair or parasitic use of the DAYDATE application, not to interfere with the databases, lines of code and functionality of the DAYDATE application or to hardware, software and Users ‘ messengers, not to use software or other unauthorized extraction or network monitoring technology and not to interfere with the content of the DAYDATE Application.
12.5 Users shall grant to DAYDATE, as necessary, a license for the whole world, for the duration of which the contents are inserted by them on the DAYDATE Application without being deleted by them or DAYDATE, without royalty, of Intellectual property rights and other similar rights (database producer) on such content, for the purpose of allowing DAYDATE to reproduce, represent, host, copy, upload and disseminate on any digital medium, computer or Electronics used for the operation of the DAYDATE Application.
12.6 subject to compliance with these Terms and conditions, users shall enjoy the non-exclusive and non-transferable right to access and use the DAYDATE Application for the duration of their contractual relations with DAYDATE. These rights are granted by DAYDATE only under the Express reservation of its right to terminate at any time, in general, access to the DAYDATE Application (for example, in the event of its willingness to abandon purely and simply the accommodation or Maintenance of this DAYDATE Application).
12.7 If a user makes use of a third party application for the purpose of synchronizing his data on the DAYDATE application, he confirms holding all the rights to do so, grants to DAYDATE the authorization to access and make use of the said application To this end and ensures that this access is fully legitimate and legal.
13.1 DAYDATE does not warrant that the DAYDATE Application and the transiting information will be error-free, relevant, reliable, complete, backed up, reversible or meet the expectations or requirements of users or partners. The DAYDATE Application is made available to users and partners “as is” at their peril.
13.2 DAYDATE declines all responsibility for the content and operation of the FACEBOOK ™ social network, on which users can have personal accounts.
13.3 Users acknowledge and declare acceptance of the characteristics and limitations inherent in the Internet, so that they are responsible for taking all appropriate measures to protect their hardware, software and data from any may occur on or via the Internet.
13.4 Users are solely responsible for the content they integrate into the DAYDATE Application and guarantee DAYDATE as such.
14. ADMINISTRATION of DAYDATE
14.1 The management, monitoring and administration of the DAYDATE Application shall be entrusted to the Administrator, as the DAYDATE reserves the right to request the assistance of any third party for any corrective or evolutionary maintenance.
14.2 users are authorized to freely modify, from their identifiers, a certain number of data when these modifications are compatible with these TOS.
14.3 users who require technical assistance for the use of the DAYDATE Application may contact the administrator, who will do his best to assist them. However, DAYDATE cannot guarantee the technical compatibility of the DAYDATE Application and the Services to the various software and hardware used by the users.
15. APPLICABLE Law, litigation and attribution of jurisdiction
15.1 These tou are governed by French law.
15.2 in the event of a dispute, users agree to contact DAYDATE directly for the purpose of finding an amicable solution to their possible difficulties.
If the user’s amicable approach does not permit a solution to the dispute, it is clarified that every consumer has the right to use a consumer mediator free of charge for the amicable resolution of the dispute between him or her In accordance with article L. 612-1 of the consumer Code, in particular that the application is not manifestly unfounded or abusive and that it is lodged with the Ombudsman less than one year after the written claim Presented at DAYDATE.
DAYDATE adheres to the Service of the e-commerce mediator of the FEVAD (Federation of e-commerce and distance selling) with the following coordinates: 60 Rue la Boétie – 75008 Paris – http://www.mediateurfevad.fr. After the consumer’s prior written approach to DAYDATE, the Ombudsman’s Service may be seized for any consumer disputes which the settlement would not have resulted in. To find out how to refer the Mediator, click here and specify all the details for the seizure.
15.3 Any legal dispute between DAYDATE and a user concerning the validity, interpretation or performance of the TOS shall be submitted to the competent court pursuant to the applicable rules of civil procedure, being specified that in application of Article R. 631-3 of the consumer code, the consumer may seize, either one of the jurisdictions territorially competent under the Code of Civil Procedure, or the jurisdiction of the place where he remained at the time of the conclusion of the contract or the Occurrence of the damaging event.
Version established on December 26, 2018