These General Terms of Sale and Use shall apply between VOCAYA, represented by Mr Michael DECLERCQ, As manager, duly authorized for the purposes hereof, to be known as the « Company » or the « Seller » on the one hand, And the natural or legal person proceeding to the use and / or purchase of products or services of the Company, Hereinafter referred to as « the User », « the Customer » or « Buyer » on the other hand.

The Company can be reached by email by clicking on the contact email address accessible on the support page of the site (contact@vocaya.com).

It has been stated and agreed as follows by the acceptance of these General Terms of Sale and Use.



PREAMBLE

The Seller is the publisher of dematerialized entertainment products and services exclusively intended for consumers, Marketed through its Internet sites (http://www.vocaya.com et http://www.vocaya.fr). The list and descriptions of the goods and services offered by the Company can be consulted on the above mentioned sites.




Terms of Use

version : 14 April 2017


Article 1 : Object

These Terms of Use determine the rights and obligations of the the Company and the User in case of the use of the products offered by the Company.


Article 2 : General provisions

The purpose of these Terms of Use is to define the conditions of use of the sites http://www.vocaya.com et http://www.vocaya.fr Or one of its sub-domains, As well as products and services offered for consideration and / or free of charge for testing by any user. The Company reserves the right to modify these terms at any time by the publication of a new version on its website. The Terms of Use are those applicable on the date of the software update and after acceptance of it. These Terms of Use can be consulted on the Company's website at the following address : http://www.vocaya.com/page_terms.php. The Company also ensures that their acceptance is clear and unqualified by setting up a checkbox and a validation click. The User declares to have taken cognizance of all the General Terms of Use and, if applicable, the General Terms of Sale, and accept them without restriction or reserve. The User acknowledges that he has received the advice and information necessary to ensure that the offer matches his needs. The User declares to be able to contract legally under the French laws or validly to represent the natural person or legal person for which it undertakes. Unless proved otherwise, the information recorded by the Company constitutes proof of all the transactions.


Article 3 : Intellectual Property Rights

All content such as trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights Are and remain, apart from the contents put on line by the customer, the exclusive property of the company. The customer is therefore not entitled to reproduce, represent or market these contents except in the cases expressly authorized by the company. In any case, any total or partial reproduction, modification or use of these goods, and / or contents of the site, For any reason whatsoever, whether for a consideration or free of charge, is strictly prohibited. No assignment of intellectual property rights is realized through these Terms of Use.


Article 4 : Protection of personal data

Any personal information that the client would be required to transmit to the company is subject to the Data Protection Act of 6 January 1978. As such, the client has the rights to interrogate, access, modify, oppose and rectify the personal data concerning him He may exercise at any time on the site at the following address : http://www.vocaya.com/page_profile.php

By acceding to these Terms of Use, you consent to our collection and use of this data for the execution of this contract. We monitor the attendance at all of our sites. To do this, we use tools such as Google Analytics.


Article 5 : Disclaimer of Liability

By using the Services, the User acknowledges :
➢ Be responsible for the data that it disseminates, uses and / or transfers.
➢ That the Company is not responsible for the use of the data, the broadcast content or the services of another person and which, among other things, does not comply with current legislation.
➢ That the Company can not assume any responsibility whatsoever with regard to relations which may be established between users and third parties, By reason of or in connection with the use of the Site, and / or as regards the services provided to such third parties and the consequences which may result from their use.
➢ That due to the nature of the Internet network, the data circulating on this network are not protected against any form of intrusion, including by means of piracy.

The Company has implemented the following means to ensure the protection of data transiting through the VOCAYA software :
➢ The data flows exchanged between the VOCAYA software and the server hosting the database are encrypted by SSL by means of self-signed certificates.
➢ The passwords are encrypted by the SHA-256 protocol.
The User acknowledges having been warned that the company can not under any circumstances ensure the confidentiality, security or integrity of any information whatsoever provided that the VOCAYA site or software is subject to piracy, intrusion and / or virus contamination despite such means.

The company can not under any circumstances be held responsible, it is therefore up to the user :
➢ To use the means necessary to preserve the confidentiality of the information which it transmits on the Internet.
➢ To ensure the protection of the data and / or software stored on its computer from which it has access to the site against any form of contamination by viruses and / or attempted intrusion by piracy.

The Company declines any responsibility for the use that could be made of its product by the User. In no event shall the Company be liable for any consequences arising from the use of its software.


Article 6 : Applicable right

All the clauses in these Terms of Use will be subject to French law.




Terms of Sale

version : 14 April 2017


Article 1 : Object

These Terms of Sale determine the rights and obligations of the Seller and The Client in case of the online sale of Products offered by the Seller.


Article 2 : General provisions

The purpose of these Terms of Sale is to define the conditions of sale of the sites http://www.vocaya.com et http://www.vocaya.fr Or one of its sub-domains, As well as products and services offered for consideration and / or free of charge for testing by any user. The Company reserves the right to modify these terms at any time by the publication of a new version on its website. The Terms of Sale are those applicable on the date of payment of the order and after acceptance thereof, or the last payment and after acceptance thereof in case of multiple purchase. These Terms of Sale can be consulted on the Company's website at the following address : http://www.vocaya.com/page_terms.php. The Company also ensures that their acceptance is clear and unqualified by setting up a checkbox and a validation click. The User declares to have taken cognizance of all the General Terms of Use and, if applicable, the General Terms of Sale, and accept them without restriction or reserve. The User acknowledges that he has received the advice and information necessary to ensure that the offer matches his needs. The User declares to be able to contract legally under the French laws or validly to represent the natural person or legal person for which it undertakes. Unless proved otherwise, the information recorded by the Company constitutes proof of all the transactions.


Article 3 : Price

The prices of the products sold through the Internet sites are indicated in Euros and Dollars without taxes and precisely determined on the pages of description of the Products. They are also indicated in euros or dollar, all taxes included (VAT) on the order page of the products. The Company reserves the right to modify its prices at any time for the future. The cost of telecommunication necessary for access to the Company's Internet sites is borne by the Client.


Article 4 : Conclusion of an online sale

The Client must follow a series of steps specific to each Product proposed by the Seller in order to be able to carry out his order. However, the steps described below are systematic :
➢ Information on the essential characteristics of the Product: Choice of the Product.
➢ Indication of the essential data of the Customer (identification, address ...) and, if applicable, its cancellation.
➢ Acceptance of these Terms of Sale and Use.
➢ Follow the instructions for payment, and payment of the products on the site of our payment service provider.
➢ Verification of the elements of the order and, if applicable, its cancellation.
➢ Update of the identified customer account.
The Customer will then receive confirmation by e-mail of payment of the order, as well as an acknowledgment of receipt of the order confirming it. It will receive a .pdf copy of the present Terms of Sale and Use. In order to carry out the order properly, and in accordance with article 1316-1 of the Civil Code, the Client undertakes to provide his verifying identification. The Seller reserves the right to refuse the order, for example for any abnormal demand, carried out in bad faith or for any legitimate reason.


Article 5 : Products and services

The essential characteristics of the goods, services and their respective prices are made available to the purchaser on the Company's websites. The customer certifies that he has received the terms of payment, and execution of the contract. The Seller agrees to honor the order of the Customer subject to the validation of the payment. Failing this, the Seller informs the Customer. This contractual information is presented in detail and in French. In accordance with French law, they are the subject of a summary and a confirmation when the order is validated. The parties agree that the illustrations or pictures of the products offered for sale have no contractual value. The prices of the products are specified on the Company's websites and are subject to change without further notice to the Customer. The minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services is 2 years from the date of sale. Unless otherwise stated, the rights granted herein are only granted to the individual signing the order (or the person holding the email address). In accordance with legal provisions concerning compliance and latent defects, the Seller shall reimburse the products which do not correspond to the order. The refund can be requested by email at the following address : contact@vocaya.com


Article 6 : Title retention clause

The products remain the property of the Company.


Article 7 : Availability and presentation

The products and services are immediately available as of the execution of the financial transaction resulting from the sale.


Article 8 : Payment

Payment is due immediately upon order. The Customer may pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment service provider. The information transmitted is encrypted in good practice and can not be read during transport on the network. Once payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card of the amount relating to the indicated price. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or inability to debit the card, the sale is immediately canceled and the order canceled.


Article 9 : Withdrawal period

In accordance with Article L. 121-20 of the Consumer Code, the consumer has a period of 14 clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties. The period mentioned in the preceding paragraph runs from the date of validation of the order. The right of withdrawal can be exercised by contacting the Company at the following address: contact@vocaya.com . If the right of withdrawal is exercised within the aforementioned period, only the price of the product (s) purchased will be reimbursed.


Article 10 : Guarantees

According to the law, the Seller assumes two guarantees: of conformity and relative to the hidden defects of the products. The Seller reimburses the Buyer for products which do not correspond to the order made. The refund can be requested by email at the following address : contact@vocaya.com.


Article 11 : Complaints

If necessary, the Buyer can present any complaint by contacting the company at the following address : contact@vocaya.com.


Article 12 : Intellectual Property Rights

All content such as trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights Are and remain, apart from the contents put on line by the customer, the exclusive property of the company. The customer is therefore not entitled to reproduce, represent or market these contents except in the cases expressly authorized by the company. In any case, any total or partial reproduction, modification or use of these goods, and / or contents of the site, For any reason whatsoever, whether for a consideration or free of charge, is strictly prohibited. No assignment of intellectual property rights is realized through these Terms of Sale.


Article 13 : Case of Calamity

The fulfillment of the obligations of the seller at the end of the present contract is suspended in the event of the occurrence of a fortuitous event or in case of calamity which would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.


Article 14 : Nullity and amendment of contract

Should one of the provisions of this contract be canceled, such nullity would not result in the invalidity of the remaining provisions which shall remain in force between the parties. Any modification of the contract is valid only after written agreement signed by the parties.


Article 15 : Protection of personal data

Any personal information that the client would be required to transmit to the company is subject to the Data Protection Act of 6 January 1978. As such, the client has the rights to interrogate, access, modify, oppose and rectify the personal data concerning him He may exercise at any time on the site at the following address : http://www.vocaya.com/page_profile.php

By acceding to these Terms of Use, you consent to our collection and use of this data for the execution of this contract. We monitor the attendance at all of our sites. To do this, we use tools such as Google Analytics.


Article 16 : Disclaimer of Liability

By using the Services, the User acknowledges :
➢ Be responsible for the data that it disseminates, uses and / or transfers.
➢ That the Company is not responsible for the use of the data, the broadcast content or the services of another person and which, among other things, does not comply with current legislation.
➢ That the Company can not assume any responsibility whatsoever with regard to relations which may be established between users and third parties, By reason of or in connection with the use of the Site, and / or as regards the services provided to such third parties and the consequences which may result from their use.
➢ That due to the nature of the Internet network, the data circulating on this network are not protected against any form of intrusion, including by means of piracy.

The Company has implemented the following means to ensure the protection of data transiting through the VOCAYA software :
➢ The data flows exchanged between the VOCAYA software and the server hosting the database are encrypted by SSL by means of self-signed certificates.
➢ The passwords are encrypted by the SHA-256 protocol.
The User acknowledges having been warned that the company can not under any circumstances ensure the confidentiality, security or integrity of any information whatsoever provided that the VOCAYA site or software is subject to piracy, intrusion and / or virus contamination despite such means.

The company can not under any circumstances be held responsible, it is therefore up to the user :
➢ To use the means necessary to preserve the confidentiality of the information which it transmits on the Internet.
➢ To ensure the protection of the data and / or software stored on its computer from which it has access to the site against any form of contamination by viruses and / or attempted intrusion by piracy.

The Company declines any responsibility for the use that could be made of its product by the User. In no event shall the Company be liable for any consequences arising from the use of its software.


Article 17 : Applicable right

All the clauses contained in these General Terms of Sale, as well as all the buying and selling transactions referred to therein, will be subject to French law.