Terms and conditions
GENERAL CONDITIONS OF USE AND SALE
Updated on 01/12/2023
The Melodia Therapy application (hereinafter the “ Platform ”)
is an initiative of:
Chemin de la maison du roi, 34
Company number (BCE/VAT): BE 0716.749.727
Telephone: +32 477 90 60 50
(hereinafter “ Octofus SPRL ” or even the “ Seller ”)
I. GENERAL CONDITIONS OF USE
1. Scope of application
These general conditions of use (hereinafter the “ T&Cs ”) apply to any visit or use of the Platform and its information by an Internet user (hereinafter “ User ”).
By visiting or using the Platform, the User acknowledges having read these T&Cs and expressly accepts the rights and obligations mentioned therein.
The provisions of the General Terms and Conditions may exceptionally be waived by written agreement. These exemptions may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of the other provisions of the T&Cs.
We reserve the right to modify our T&Cs at any time, without prior notification, but we undertake to apply the provisions that were in force at the time you used our Platform.
a. Access and navigation
Access to the Platform and its use are reserved for people aged at least 13 years. Each User declares on their honor to be of the required age. We reserve the right to request proof of the User’s age, by any means.
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer an absolute guarantee of operability and our actions must therefore be considered as being covered by an obligation of means.
Any use of the Platform is always at the User’s own risk. Therefore, we are not responsible for any damage that may result from possible malfunctions, interruptions, defects or even harmful elements present on the Platform.
We reserve the right to restrict access to the Platform or interrupt its operation at any time, without prior notice.
Octofus SPRL largely determines the content of the Platform and takes great care of the information present on it. We take every possible measure to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete the Platform and its content at any time, without liability being incurred.
Octofus SPRL cannot offer an absolute guarantee regarding the quality of the information present on the Platform. It is therefore possible that this information is not always complete, exact, sufficiently precise or up to date. Consequently, Octofus SPRL cannot be held responsible for any damage, direct or indirect, that the User may suffer from the information present on the Platform.
If certain contents of the Platform are in violation of the law or the rights of third parties, or are contrary to morality, we ask you to inform us as quickly as possible by email so that we can take appropriate measures.
Any download from the Platform always takes place at the User’s risk. Octofus SPRL cannot be held responsible for any damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the User’s computer system, which are entirely and exclusively the responsibility of the latter. .
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically mean that there is a relationship between Octofus SPRL and the external website or even that an implicit agreement exists with the content of these external sites.
Octofus SPRL does not exercise any control over external websites. We are therefore not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he leaves the Platform. We cannot therefore be held responsible for any subsequent damage.
4. Intellectual property
The structure of the Platform, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. which compose it or which are accessible via the Platform are the property of the publisher and are protected as such by the laws in force regarding intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, registered trademarks and services offered by the Platform, by any means whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited, the exception of elements expressly designated as royalty-free on the Platform.
The User of the Platform is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal, non-commercial use. Without prior written agreement, Users are not authorized to modify, reproduce, translate, distribute, sell, communicate to the public, in whole or in part, the protected elements.
The User is prohibited from entering data on the Platform which would modify or be likely to modify its content or appearance.
5. Protection of personal data
The personal data provided by the User during their visit or use of the Platform are collected and processed by Octofus SPRL exclusively for internal purposes. Octofus SPRL assures its users that it attaches the greatest importance to the protection of their privacy and personal data, and that it is always committed to communicating clearly and transparently on this point.
Octofus SPRL undertakes to comply with the applicable legislation in this area, namely the Law of December 8, 1992 relating to the protection of privacy with regard to the processing of personal data as well as the European Regulation of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data.
The User’s personal data is processed in accordance with the Privacy Charter available on the Platform.
6. Applicable law and competent jurisdiction
These T&Cs are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district where Octofus SPRL has its head office.
7. General provisions
Octofus SPRL reserves the right to modify, extend, delete, limit or interrupt the Platform and associated services at any time, without prior notification, and without incurring liability.
In the event of a violation of the T&Cs by the User, Octofus SPRL reserves the right to take appropriate sanction and reparation measures. Octofus SPRL reserves the right to refuse the User any access to the Platform or our services temporarily or permanently. These measures may be taken without giving reasons and without notice. They cannot engage the liability of Octofus SPRL or give rise to any form of compensation.
The illegality or total or partial nullity of a provision of our T&Cs will have no impact on the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.
II. TERMS OF SALES
1. Scope of application
These general conditions of sale (hereinafter the “ CGV ”) define the reciprocal rights and obligations in the event of purchase of products or services on the Platform by a User (hereinafter “ Customer ”) ).
The General Terms and Conditions express the entirety of the obligations of the parties. The Customer is deemed to accept them without reservation, otherwise his order will not be validated.
Exceptionally, exceptions may be made to the provisions of the General Terms and Conditions provided that these exemptions have been the subject of a written agreement. These exceptions may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of the other provisions of the General Conditions of Sale.
Octofus SPRL reserves the right to modify the General Terms and Conditions from time to time. The modifications will be applicable as soon as they are posted online for any purchase after this date.
2. Online store
Through the Platform, the Seller provides the Customer with an online store presenting the products or services sold, without the photographs having contractual value.
The products or services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the Seller cannot be held liable as a result.
The products and services are offered within the limits of their availability.
Prices and taxes are specified in the online store.
The Seller reserves the right to modify its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order will apply, subject to availability on that date.
Prices are indicated in euros and do not take into account any delivery costs, which are indicated and invoiced in addition before validation of the order by the Customer.
The total amount of the order (all taxes included) and, where applicable, delivery costs is indicated before final validation of the order form.
4. Online order
The Customer has the option of completing an order form online, using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
For their order to be validated, the Customer must accept these General Terms and Conditions by clicking on the location indicated.
The Customer must provide a valid email address, billing details and, where applicable, a delivery address. Any exchange with the Seller may take place using this email address.
In addition, the Customer must choose the delivery method and validate the payment method.
The Seller reserves the right to block the Customer’s order in the event of non-payment, incorrect address or any other problem on the Customer’s account until the problem is resolved.
5. Confirmation and payment of the order
The Seller remains the owner of the items ordered until full payment for the order has been received.
The Customer makes payment at the time of final validation of the order using the chosen payment method. This validation serves as a signature.
The Customer guarantees to the Seller that he has the necessary authorizations to use this payment method and acknowledges that the information given for this purpose constitutes proof of his consent to the sale and to the payment of the sums due under the order.
The Seller has put in place a procedure for verifying orders and means of payment intended to reasonably guarantee against any fraudulent use of a means of payment, including by asking the Customer for identification data.
In the event of refusal of authorization for payment by credit card from accredited organizations or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Seller also reserves the right to refuse an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
Upon receipt of validation of the purchase accompanied by payment, the Seller sends it to the Customer, as well as an invoice, unless the latter is delivered with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.
In the event of unavailability of a service or product, the Seller will keep the Customer informed by email as soon as possible in order to replace it or cancel the order for this product and possibly reimburse the related price, the remainder of the order remaining firm and final.
This article applies in addition to the other provisions of the contract for any subscription to which the Customer subscribes via the Platform.
The subscription entitles you to:
- Premium access which gives access to all the options and features of the application
The Customer will be billed as follows:
- €4.99/month for one month premium access
- €49.99/year for twelve months premium access
Any subscription taken out is for an indefinite period.
The Customer may terminate his subscription after notification from the Seller and giving 1 month’s notice.
Communications, orders and payments between the Customer and the Seller may be proven using computerized records, kept in the Seller’s computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
The Seller guarantees the conformity of the products or services with the contract in accordance with the law in force at the time of its conclusion.
9. Right of withdrawal
If the Customer is a consumer, he hereby waives his right of withdrawal in order to be provided as soon as possible following the conclusion of the contract.
10. Data protection
The Seller will keep in its computer systems and under reasonable security conditions proof of the transaction including the order form and the invoice.
The Seller guarantees its Customer the protection of the latter’s personal data in accordance with the Privacy Charter available on the Platform.
11. Force majeure
If the Seller is prevented, in whole or in part, from executing the order due to an unforeseen circumstance beyond its control, it is then a question of force majeure.
In the event of force majeure, the Seller is authorized to suspend execution of the order, in whole or in part, for the duration of the force majeure. The Seller immediately notifies the Customer.
If the force majeure lasts for more than 90 days without interruption, each party to the contract will have the right to terminate the contract unilaterally, by registered letter sent to the other party. Services already carried out by the Seller will nevertheless be invoiced proportionately to the Customer.
12. Independence of clauses
The illegality or total or partial nullity of a provision of these General Terms and Conditions will have no impact on the validity and application of the other provisions. The Seller reserves the right to replace the illegal or void provision with another valid provision of similar scope.
MELODIA THERAPY is a provider of online and mobile subscriptions to access content relating to sound therapy, in the field of health and well-being.
We are not a medical device, we do not provide medical advice.
Although there is third-party evidence that sound therapy can assist in the prevention and recovery process for a wide range of illnesses, as well as in the management of a number of performance and relationship issues, MELODIA THERAPY neither asserts nor guarantees that this will be the case when using our services. All users with medical or psychological problems or requiring medical advice should consult their doctor.
Melodia Therapy declines all responsibility and cannot be held responsible in any way whatsoever in the event of an event occurring before, during or after the use of our services, in a health, well-being, and medical context.
15. Applicable law and competent jurisdiction
These General Terms and Conditions are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district of the Seller’s head office.