1. PREAMBLE
MOOD INSTITUTE - International Institute of Mood Disorders,
Limited company, registered with the Trade Register of Paris under the following number: B 489 872 507 00012, with a capital of 11,000 euros, registered office: 149 avenue du Maine 75014 Paris, France, number VAT FR21 489 872 507, Siren number: 489 872 507, Siret number 489 872 507 00012,
e-mail: contact(AT)moodinstitute.com, Phone number inside France : 0820 620 806 (numéro Indigo 0,12€/min) International Phone number : +33 6 744 134 96
runs the websites http://www.moodinstitute.com , https://member.moodinstitute.com , http://mobile.moodinstitute.com
1.1 These terms are intended to define the conditions of the subscription to the Members Area of Mood Institute on its websites http://www.moodinstitute.com , https://member.moodinstitute.com , http://mobile.moodinstitute.com, and the rights and obligations of the parties.
1.2 The future member acknowledges receiving Mood Institute all information necessary for the use of products offered on the site, including being informed of the list of browsers compatible with services offered in the Members Area.
1.3 The prospective member may inspect free compatible browsers by clicking on the following link: compatible browsers
1.4 The prospective member is informed that, depending on her/his configuration computer and the power of her/his computer, the processing time and data processing can be variable.
1.5 All use of paid services require the consultation and acceptance of the present terms and conditions of sale as well as the general terms and conditions of use which the member user must read and accept prior to their subscription.
1.6 Therefore, the user acknowledges being completely informed and aware that their agreement concerning the content of the present general terms and conditions and, more generally, all contracts do not require the written signature of those documents, but are agreed to by accepting the subscription.
1.7 The prospective member may save or edit the the present general terms and conditions and, more generally, the contracts, by using standard functions on their browser and computer.
1.8 All information available on the websites http://www.moodinstitute.com and https://member.moodinstitute.com and http://mobile.moodinstitute.com is presented in French and English.
1.9 The prospective member declares having reached the age of majority and having the full legal capacity of accepting the present terms and conditions of sale.
1.10. The prospective member declares also that the subscription is not directly related to his/her business, Members Area and its services are solely intended for private personal and unprofessional use on his/her part.
2. DEFINITIONS
2.1 The following terms will be defined specifically as below between all parties :
"Acknowledgement": Confirmation sent electronically by Mood Institute to the new member ;
"Subscription Form" dematerialized form which must be completed and validated by the prospective member to access the Members Area and its services.
"E-mail": electronic message sent by Mood Institute to confirm contract information.
"Member" means any person who has subscribed and accessing through a password and a login to the Members Area of the site.
"Subscribe" act by which the user subscribes to Members Area fee to access services, (it must be noted everywhere "pay"?)
"Service (s)" means services provided by Mood Institute in the Members Area, including the agenda of the mood, the health diary, discussion forum, the evaluation Mood Thinking Activity, and whose main characteristics are presented on the website at: http://www.moodinstitute.com/subcat/en/discover-our-offer/.
"Websites" or "sites": interactive electronic service operated by Mood Institute on the Internet and accessible at http://www.moodinstitute.com or https://member.moodinstitute.com or http://mobile.moodinstitute.com ;
3. PURPOSE
3.1 These terms and conditions define rights and obligations of parties within the scope of the subscription to the Members Area and on-line sale of services and benefits on the websites http://www.moodinstitute.com and https://member.moodinstitute.com and http://mobile.moodinstitute.com.
3.2 They govern all the steps necessary for subscription access to the Members Area and the follow-up of the subscribing process.
4. CONTRACT DOCUMENTS
The contracts that apply to the member are:
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the subscription form,
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these conditions,
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the general conditions of use of this website.
5. OPPOSABILITY OF TERMS
5.1 The version of the general terms opposable to the customer is the one available on the site at the time of validation of the subscription.
5.2 The different versions of the general conditions are archived by Mood Institute.
5.3 The general conditions are subject to change at any time by Mood Institute.
5.4 These changes will not be opposable to the customer without accepting its acceptation of these new conditions.
6. DURATION - COMING INTO FORCE
The present general terms and conditions apply from the date of acceptance by the member and during all the duration of the subscription.
7. PRICE
7.1 The price of the different subscriptions are listed on the site and in the subscription form.
7.2 Prices are displayed including taxes after calculating the VAT.
7.3 The prices include the VAT applicable on the date of subscription and any change in the applicable VAT rate will be reflected in the displayed prices.
8.1 MEMBERS’ AREA
8.1 The Members' Area provides access to services described on the website on the page accessible by clicking on : http://www.moodinstitute.com/subcat/en/discover-our-offer/
8.2 The services offered via the Members Area include now :
- Access to mood agenda, mood monitoring tool ;
- Access to the daily diary ;
- Access to the evaluation tool of Mood - Activity -Thinking;
- Access to the forum area.
9. FORUM - DISCUSSION SPACE
9.1 A Forum area is available to members via the Members’ Area to allow them to exchange information on a given themes.
9.2 Each member can read at any time the actions of each others and give its own contribution.
9.3 A moderator will try to remove, before its appearance on the site or not, any communication which is unrelated to the theme being discussed, against the editorial policies of the site or which are contrary to applicable laws or good morals.
9.4 The moderator will delete or withdraw, without the following list being all inclusive, all messages which are defamatory, hurtful, insulting, vulgar, obscene or racist.
9.5 Each member has a right to alert us to any communications or messages which hurt their feelings by sending an e-mail to :webmaster (at) moodinstitute.com
9.6 Each member is responsible for the information, messages, images that he/she send via the forums.
9.7 Each member agrees to respect the law and good morals, and therefore not to send any messages that are defamatory, hurtful or racist, without this list being inclusive.
9.8 The moderator can, without prior notice, withdraw or delete, totally or partially, all content sent out on the forums if that content appears to be against any applicable laws or good morals.
Also indicate that the moderator did not necessarily inform the member to censure ... see text HON Charter Forum - menu Institute.
9.9 The author user of any prohibited messages could be refused further access to the site.Anticipate the end of subscription for non compliance without prior notice or refund
10. SUBSCRIPTION TO THE MEMBERS’ AREA
10.1 PRE-CONTRACTUAL INFORMATION
Mood Institute provides the following information to members :
- all information concerning Mood Institute and notably its company name, registered address, telephone number, registered address and electronic mail address
- its registered number in the list of commerce and companies and its nominal capital
- Payment methods ;
- The duration of the offer and its price ;
- The various steps to follow to conclude the contract by electronic way
- The technical methods that allow the user, before concluding the contract, to identify any errors in the information provided and to correct them ;
- the languages available for concluding the contract ;
- the methods whereby Mood Institute archives the contract and the conditions of access to the archived contract
10.2 SUBSCRIPTION PROCESS
1. The prospective member guarantees the truth and accuracy of the information provided by him/her.
2. The prospective Member agrees that the information communicated during his/her inscription is complete and agrees to keep it up-to-date.
3. The member can, at any moment, update his/her information or withdraw their subscription by writing to:informatiqueetliberte (at) moodinstitute.com.
4. The procedure of subscription comprises the following steps :
- Step 1: Filling out the obligatory fields for subscription, consultation of the general conditions of use by the member, technical verification of the validity of the message indicated by the member;
- Step 2: choice of subscription: validation of the general conditions of sale by the prospective member : validation of his/her choice and sending of an email ; choice of means of payment and sending of the payment.
- Step 3: verification and validation of the payment, sending of an email with summary information for the payment transaction and login ID (login and password)
10.3 ACCESSIBILITY OF PAYING SERVICES
1. The member can access to the Members’ Area with the receipt of the confirmation of payment and with the communication of his/her ID login.
2. In case of the subscribed services not being available, the user will be notified as soon as possible by Mood Institute.
3. In the hypothetical case of the user exercising the right to cancellation, Mood Institute agrees to reimburse the user as soon as possible, and in the latest case, within thirty days after this right has been exercised.
4. The reimbursement in the case of all or part of the subscription not being available, will be done as chosen by Mood Institute either by credit to a bank account or by bank check.
11. CONFIRMATION OF CONTRACT INFORMATION
11.1 The contractual information will be confirmed by email in due course.
11.2 This confirmation includes the following information:
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Name of the provider
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Telephone number to get in touch with him
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Head office
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Terms of payment
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The absence of the right of withdrawal
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The recall of the choice of the subscription and its price
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the address of Mood Institute where the customer can claim
12. PAYMENT
12.1 The member has several means of payment offering security guarantees, including:
- Paypal without a Paypal account, directly with a banking credit card or debit card (Carte Bleue, Visa, Eurocard / Mastercard by indicating the number either directly in the corresponding box (submission protected by SSL encryption) the card number, without spaces between numbers, the expiry date and the ciphertext (if there is one).
- Paypal with a Paypal account
12.2 After selecting the method of payment, the user must provide banking card information and confirm the operation.
12.3 At this step, the customer can still cancel the payment in process and return to the homepage
13. SUMMARY NOTE
A summary note of the chosen subscription is sent to the prospective member, this note specifies the chosen subscription and its price.
14. RIGHT OF CANCELLATION
As far as the execution of the subscription begins immediately, the Member acknowledges and accepts that he has no right of withdrawal.
15. ELECTRONIC EVIDENCE
Except opposite proof, the data stored in computer systems of Mood Institute in conditions of reasonable safety, will be considered as proofs of communication, orders and payments between the parties.
16. STORAGE AND ARCHIVING OF TRANSACTIONS
16.1. Mood Institute ensures the preservation of the writing with the subscription for an amount greater than or equal to 120 euros for a period of ten years from the conclusion of the subscription.
16.2. The member can access to it by asking Mood Institute by mail at the following address : 149 avenue du Maine 75014 Paris, France, or by email to contact(AT)moodinstitute.com
17. RESPONSIBILITY
17.1. The responsibility of Mood Institute can not be committed if the lack of performance or partial performance in Members Area is due, either to the member, or to the unpredictable fact of a third person in contract, or in a case of absolute necessity.
17.2. The responsibility of Mood Institute can not be committed because of nuisance or damage inherent to the use of the Internet, such as continuity of service, lower technical performances and response times for consulting, in querying or transferring data information.
17.3. Hypertext links can forward to other websites different from websites http://www.moodinstitute.com and https://member.moodinstitute.com and http://mobile.moodinstitute.com. In this case, Mood Institute disclaims any responsibility if the content of these sites goes against the laws and regulations.
18. INTELLECTUAL PROPERTY
18.1. All texts, commentaries, articles, illustrations, images and sounds used on the websites http://www.moodinstitute.com and https://member.moodinstitute.com and http://mobile.moodinstitute.com are right reserved by the author, as well as regards intellectual property rights in the entire world.
18.2 The fore-mentioned stipulations in the present general terms don’t give any kind of intellectual property rights to the member.
18.3 The user is prohibited from violating the property rights of Mood Institute either directly or indirectly.
18.4 The member who has a personal Internet site and would like to place a link on his/her site to the « home page » of the websites http://www.moodinstitute.com and https://member.moodinstitute.com and http://mobile.moodinstitute.com for any reason, must obtain prior express authorization of Mood Institute to establish this link.
18.5 This authorization does not, in any case, qualify as an implicit convention of affiliation.
18.6 Very specifically, it is formally prohibited to establish a hypertext link to the web site of Mood Institute using framing technologies or that of in-line linking.
18.7 In any case, the hypertext links going to the websites http://www.moodinstitute.com and https://member.moodinstitute.com and http://mobile.moodinstitute.com should be withdrawn with Mood Institute’s first demand of such.
19.INTEGRITY of on-line elements
The user agrees to not damage, access illegally or modify data stored on the Mood Institute web site and/or server.
20.Personally identifiable information - confidentiality
20.1 The information that is requested from the user is necessary for processing the subscription to Members’ Area and its services, for a managing and administrative follow-up, and also if necessary, for business management of Mood Institute, as a processing controller.
20.2 Mood Institute is the recipient of data and is in charge of administrative and commercial management.
20.3 The personal information relating to health that could be collected while accessing the services on the site will not be the object of any commercial, scientific, evaluative or commercial prospecting and will not be communicated to any third parties for those purposes. However, anonymous health information could be communicated or sent to third parties for studies or statistical analysis.
20.4 However, some anonymous health data can be exploited for surveys and statistical analysis.
20.5 In the case of the user wanting to receive the newsletter, the electronic address will be kept by Mood Institute which is responsible for the process of sending the newsletter.
20.6 At any time, the user can demand to be unsubcribed by clicking on the link in the electronic message sent and has the rights of access and modification of his/her information.
20.7 According to the stipulations in the Computers and Liberty Act, the user has the right of access, of modification, of rectification , and the right of opposition to personally identifiable information for legitimate motives, as well as the right of opposition to commercial prospecting ; Please address this request to : Mood Institute at 149 Avenue du Maine 75014 Paris, France or by email to: informationandfreedom(AT)moodinstitute.com.
20.8 By entering sensitive information on your racial or ethnic, your political opinions, religious or philosophical, or your union membership and data concerning health or sex life (data entry is optional), you accept them to be processed by us. If you do not want, do not mention them on the public areas on the exchange where all the members can access to them.
21.COOKIES
21.1 The user is informed that, after visits to the site, a cookie may be automatically installed on his/her browser.
21.2 A cookie is a bloc of data which does not permit identification of the user but serves to register information about navigation on the web site.
21.2 The settings of the browser allow the notification of the presence of a cookie and also permit its refusal by a procedure described at the following address: http://www.cnil.fr/
21.3 The user of the site must respect the stipulations in the Information Technology and Freedoms law, with their violation being liable to criminal prosecution and punishment.
21.4 The user must notably abstain, if there is any access to personally identifiable information, from collecting, all other uses and, in a general sense, from all acts that could have effects on the private life or reputation of any individual.
22. ID / PASSWORD
22.1 Login and Passwords are strictly personal and confidential.
22.2 Each user is solely responsible for keeping and maintaining the confidentiality of the password and any other confidential data sent by Mood Institute.
22.3 Each user agrees to take all necessary measures to keep this information confidential and secure.
22.4 All use of a password presumes the indisputable use of the services of the site of Mood Institute by the individual owner of the password.
22.5 Each user accepts the responsibility of notifying the Mood Institute without delay if the password and ID are stolen or communicated to a third party.
22.6 This notification should be addressed to Mood Institute by registered letter with return receipt requested to : Mood Institute 149 Avenue du Maine 75014 Paris - France. In any case, in case of doubt, it is recommended to change at once the password by using the link "Forgot your password? " In the dialog box of connection.
22.7 Each user is solely responsible for any use of services provided to his/her password account until that individual has requested a password change.
23. INVALIDITY
If one or more contractual terms are not valid or declared as such under any law, rules or following a decision which has become final by a competent jurisdiction, the remaining provisions remain in full force and effect.
24. INTEGRALITY
24.1 Contractual documents referred to these terms, represent all obligations of parties.
24.2 Even if Mood Institute does not claim against a customer which has infringed the fore-mentioned stipulations, it can not be interpreted as a renunciation.
25. LAW
25.1 The present general terms and conditions of use are regulated by French law.
25.2 This applies to the rules of basis as well as the rules of form.
Any claims resulting from the application of the present general terms and conditions of use will be under the competence of French jurisdiction.
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