General conditions of sale and use of the service
Date : these terms and conditions of sale and use are applicable on November 1, 2016. (GCSU eMediaPlace Ref161101)
Article 1. Society publishing the eMediaPlace service
Legal name of the legal entity publisher of the service : eMediaPlace Ltd • 4th Floor • Ebene Skies • Rue de l’Institut • Ebene 80817 • Mauritius. Company N° 139565 C1/GBL au capital de 10 000 €et ses filiales.
Article 2. General presentation of the eMediaPlace service
The eMediaPlace service is a platform assimilated to a digital kiosk (the Kiosk) accessible at the address https://voara.emediaplace.com offering its users to download electronic editions of different titles of newspapers (daily newspapers, magazines , weekly or monthly) to view them via their fixed or mobile devices such as their iPhone, iPad, Android tablets and smartphones, or computer from the Kiosk, for non-commercial purposes. The eMediaPlace service is open to any individual. Minors can access the eMediaPlace service under the responsibility of their legal representatives and must obtain their permission to place orders. The publisher of the eMediaPlace service reserves the right to carry out any necessary verifications and to ask for the written authorization of a legal representative of the minor. Failing to justify such authorization, the minor’s orders can not be honored.
To access it, it is necessary to have :
an internet access and
an account on the eMediaPlace service,
as well as one of the following accounts to install mobile apps :
an active iTunes account to access and use the service on iPhone, iPod Touch & iPad ;
a Google Account to access and use the service on Android devices ;
an access account to one of the means of payment accepted by the site https://www.emediaplace.com/lang=en
Access to the eMediaPlace service is free. The consultation of the electronic editions of the press titles (daily newspapers, magazines of edition, weekly or monthly) is paying. The costs associated with the connection to the eMediaPlace service and the downloading of the electronic editions billed by the access providers or telephone operators remain the exclusive responsibility of the users.
Article 3. Definitions
In these general conditions of sale and use, each of the terms, expressions or acronyms used below with a capital letter has the same meaning as in the following definition :
Application: means the free application “emediaplace.com”, available in the Apple App Store or on Google Play, as well as on the web via the address https://www.emediaplace.com/?lang=en and allowing access eMediaPlace content and services.
GCSU : means the present general conditions of sale and use of the eMediaPlace service.
User Account: The account created by the user with the eMediaPlace service.
ITunes Store Account: refers to the user’s iTunes account.
Google Account: The Google Account of the user.
Payment account: access account to one of the means of payment accepted by the site https://www.emediaplace.com/?lang=en
To make purchases on https://www.emediaplace.com/?lang=en, only an eMediaPlace account is required.
Edition: refers to the digital version of an edition of a newspaper or a weekly or monthly publishing magazine offered on the eMediaPlace service to the user.
Kiosk: platform available at https://www.emediaplace.com/?lang=en to the general public and used to make the titles accessible.
Web browser: web browsers compatible with the eMediaPlace service such as Internet Explorer in its version greater than 9, Chrome in its version greater than 3, Safari in its version greater than 3, Firefox in its version greater than 3. All web browsers to be equipped with the Flash Plugin in its version greater than 10.
EMediaPlace service: means the service operated by eMediaPlace accessible from the applications and the site www.emediaplace.com, offering the user access to an electronic kiosk allowing him to buy on the site www.emediaplace.com/?lang=en and download an edition on its terminal in order to consult it.
Terminal: means the terminals compatible with the eMediaPlace service, namely:
iPhone with iOS 7 or late ;
iPad with iOS 7 or later ;
tablet with Android version greater than 4.1 ;
smartphone with Android version greater than 4.1.
Titles: denominations of newspapers and magazines, weekly or monthly accessible on the Kiosk.
User: means a natural person who uses the eMediaPlace service, who has an iTunes or Google account and who subscribes to the personalized service to purchase a Kiosk publication using the digital reading service available on the Kiosk.
Article 4. Purpose of the general conditions of sale and use of the eMediaPlace service
The purpose of this document is to determine the terms and conditions of sale and use (CGUV) of the eMediaPlace service. It defines the rights and obligations of eMediaPlace and the users of the service as part of the use of the eMediaPlace service.
The CGSU are made known to the users at any time on the site www.emediaplace.com/?lang=en by clicking on the link “Terms of sale and use of the service».
Article 5. Acceptance and modification of the general conditions of sale and use of the eMediaPlace service
Use of the eMediaPlace service assumes the user’s full acceptance of the GCSU.
eMediaPlace reserves the right to modify the eMediaPlace service and the content of the GCSU at any time.
Article 6. Registration and access to the eMediaPlace service
6.1 Registering for the eMediaPlace service and creating a user account
In any case, the user guarantees that the information he provides, directly or otherwise, is accurate, up-to-date and complete regarding his identity and contact details. In particular, he undertakes to ensure that he holds the e-mail address provided as part of the eMediaPlace registration, that it is valid and that he consults it regularly. The user also commits himself to update the information communicated on his user account, as soon as one of them is modified and this, in order to maintain the accuracy of the information.
The User acknowledges that eMediaPlace reserves the right to suspend or withdraw the opportunity to access the service, as long as the user does not comply with these terms of registration, and especially if it provides false data or whimsical, inaccurate, incomplete or un-updated.
In any case, the responsibility of eMediaPlace can not be engaged in case of error, omission or inaccuracy in the information provided by the user under his responsibility.
The username and password of the user allowing him to access the user account and his data are strictly confidential and personal.
The user is solely responsible for the use that may be made of his user account. He undertakes to immediately inform the eMediaPlace service of any use he has not authorized and any breach of the confidentiality or security of his identification data by e-mail to the following email address: firstname.lastname@example.org
6.2 Access to the eMediaPlace service
To access the eMediaPlace Service from its terminal, the user must access the service from the following URL : https://www.emediaplace.com/?lang=en, then download and install the eMediaPlace application on their terminal if they wish. The application is free; however, it is stipulated that the communication and download fees billed by the telephone operator or the Internet access provider of the user remain the responsibility of the user.
To download and install the application on its terminal, the user is invited to visit :
on Apple’s App Store if its device is an iPod Touch, iPhone or iPad,
on Google Play if his device is an Android tablet or smartphone
at the following address https://www.emediaplace.com/lang=en if the user wants to access the Kiosk from a web browser.
The eMediaPlace service is accessible without interruption, subject to the risks related to the availability of the Internet. The user is further informed that the eMediaPlace service may be temporarily unavailable for maintenance or repair.
Article 7. APurchase by act and consultation of an edition on the eMediaPlace service
7.1 Purchase by act of an edition on the eMediaPlace Service
To buy an edition on the eMediaPlace Service, it is necessary to connect to the site https://www.emediaplace.com/?lang=en.
No purchase is possible via mobile apps.
On the website www.emediaplace.com/?lang=en, the user must follow the following steps :
Step 1: go to https://www.emediaplace.com/?lang=en eand login using your eMediaPlace account;
Step 2: select the edition of your choice among the titles of press and magazines that are proposed to you (the consultation of the Unes and, for some titles, the summary of the editions, is free);
Step 3: click on the “Buy” button, or “Details” at the bottom of the edition you want to buy, or “see offers”;
Step 4: a new page is displayed allowing the user to check the object of his purchase, the various offers associated with this title, the value in credits and the corresponding price in the currency of his country, all taxes included. his purchase;
Step 5: click on the “Buy” button to continue your purchase or on the “Cancel Order” button if you wish to cancel your purchase;
Step 6: complete the order by clicking on other proposed titles and / or click on the “Continue” button to continue your purchase;
Step 7: The order summary is displayed on a new page. Click “Validate” to proceed to the payment;
Step 8: The payment will be made by credit card, Mobile Banking, any other means of payment available in his country and proposed by eMediaPlace or “Credits” previously purchased by the user;
Step 9: Once the purchase is complete:
the purchased edition can be consulted directly on the website www.emediaplace.com provided that the customer has an active internet connection.
download of the edition via mobile applications is accessible. The user can suspend this download by clicking on the “pause” button. The user can also buy multiple editions at the same time. While editions are downloading, he can start reading previously downloaded editions.
NB: It is the responsibility of the user to ensure that he has a stable and sufficiently powerful network connection to ensure optimal use of the application or the eMediaPlace website. Any download or consultation may be interrupted inadvertently in case the network connection is lost. In this case, it will be the sole responsibility of the user to resume the download in progress before the loss of the connection.
7.2 Viewing an edition on the eMediaPlace service
The user can consult the editions he has purchased on the eMediaPlace service by clicking on the button “My purchases” available on the home screen of the mobile application or “My titles” Kiosk in its web version.
An edition remains searchable on a terminal until the user has removed it from “My purchases” from its terminal.
7.3 Important details on the purchase by the act of an edition on the eMediaPlace service
The price of the editions is indicated in the currency of the country where the user is at the time of purchase. The payment currency will also depend on the method of payment chosen by the user. Depending on the means of payment chosen, additional fees may be charged by the service provider delivering the payment service, or by eMediaPlace. Payments are all taxes included. The costs of connection to the eMediaPlace service and downloading of the editions remain the sole responsibility of the user.
Any purchased edition can be read a maximum of 6 times and downloaded a maximum of 3 times from any terminal provided that the user uses the same user account.
The number of issues corresponding to a purchase period is as follows:
Daily: 25 issues for 30 days (1 month)
Biweekly: 8 issues for 30 days (1 month)
Weekly: 4 issues for 30 days (1 month)
Fortnightly: 2 issues for 30 days (1 month)
Monthly: 1 issues for 30 days (1 month)
Bimonthly: 6 issues for 365 days (12 months)
Quarterly: 4 issues for 365 days (12 months)
Biannual: 2 issues for 365 days (12 months)
Annual: 1 issue for 365 days (12 months)
7.4 Country specificities
For any purchase of international press from Madagascar, it is necessary that the customer has beforehand an active offer to the Malagasy press.
Article 8. Purchase and Consumption of Prepaid eMediaPlace Prepaid Offers
8.1 Presentation of the offers
The eMediaPlace service offers to buy prepaid offers allowing the user to choose for a pre-credited amount a set number of credits valid for the purchase of one or more titles of his choice among the editions of the day and numbers precedents offered in the Kiosk catalog on the subscription date of the prepaid offer. The terms and prices of each prepaid offer will be specified in the corresponding sections of the eMediaPlace website.
8.2 Subscriptions to offers
The prepaid offers of the eMediaPlace service require, for any subscription, the possession of an eMediaPlace user account.
The payment of the offers is done by credit card, Mobile Banking, Paypal (for a purchase over 7 credits), credits previously purchased, or any other means proposed by eMediaPlace in your country.
8.4 Use of credits
The user can thus, after subscription of the offer of his choice, consume until the amount credited, the number of credits of his offer on the website www.emediaplace.com. To do this, the user must identify himself via his eMediaPlace account. Credits are to be consumed for a maximum of 12 (twelve) months from the date of purchase until the credits are exhausted. Each new purchase of credits automatically gives back 12 months of validity to all credits of the user. Upon the exhaustion of the credits, the user will be able to subscribe a new offer under the aforementioned conditions.
Article 9. Subscription to an offer
9.1 Presentation of the offers
The eMediaPlace service offers to buy, only from its site www.emediaplace.com, three types of offers: the purchase of credits, a title or bouquets.
EMediaPlace offers require, for any subscription, the possession of an eMediaPlace account. The user will thus be able, after subscription to the offer of his choice, to consume the titles on the mobile terminals of his choice, provided that they operate either under iOS version 7 and later, or on Android version 4.1 and later, or the emediaplace.com website. To do this, it will be necessary for the user to identify himself via his eMediaPlace account.
9.2 The purchase of credits
Purchase of credits is a formula allowing to have an account of credits for the future subscription to purchases of securities via the offers proposed by eMediaPlace.
Eligible newspapers and magazines are defined in the terms of each offer. Credits are to be consumed during the validity period of the offer and each credit consumed is deducted from the number of credits subscribed by the user. The countdown of the remaining time for the consumption of the credits subscribed will be started on the D-day at the time H strict of the subscription. Any remaining unused credit at the end of the validity period is permanently lost. There will be no refund of credits. The terms and prices of each offer will be specified in the corresponding sections of the eMediaPlace website.
9.3 Buying a title
The purchase of a title is a prepaid purchase for a defined period during which the customer acquires the right to read the magazine and / or newspaper of a predetermined title. The customer acquires the editions released during the period of validity of his offer, but does not acquire the previous issues. The countdown of the time remaining for the reading of the magazines and / or newspapers of the selection specific to the offer of the user will be triggered the D-day at the time H strict of the subscription.
9.4 Buying a bouquet
The bouquet is a prepaid purchase formula for a defined period during which the customer acquires the right to read magazines and / or newspapers of several predetermined titles. The customer acquires the editions released during the period of validity of his offer, but does not acquire the previous issues. The countdown of the remaining time for the reading of magazines and / or newspapers of the selection specific to the offer of the user will be triggered the D-day at the H hour of the subscription
9.5 Renewal and termination of an offer
The offer will be automatically stopped at the end of its validity period.
9.6 Trial offer
The user may benefit from a trial offer at a special rate specified in the offer. The trial offer is reserved for the very first subscription to the eMediaPlace service and is limited to 1 (one) trial offer.
Article 10. Right of withdrawal
The user is informed that, given the nature of the eMediaPlace service, he has no right of withdrawal for purchases on the eMediaPlace service.
Article 11. Use of the eMediaPlace service and editions
The general structure of the eMediaPlace service as well as all the content that is distributed (including editions, images, articles, photographs, illustrations, distinctive signs, logos, brands, videos, interviews, sounds and texts) are protected. by international law on intellectual property, including copyright, neighboring rights, trademark law, image rights.
Only the use of the eMediaPlace service for personal and non-commercial consultation is authorized, excluding any act of exploitation. The user does not have the authorization to represent, reproduce, modify, diffuse or use the various elements of the eMediaPlace service commercially except under the conditions stipulated in the CGVU.
The GCSU does not involve the transfer of any intellectual property rights to the user, including during a purchase in the act of an edition.
All rights of reproduction are reserved, including texts, downloadable documents, iconographic and photographic representations. As such, in the absence of express authorization from eMediaPlace, it is strictly prohibited to use the content of the eMediaPlace service and in particular to reproduce, represent, modify or adapt in whole or in part.
Article 12. Customer Service and Technical Support
For all questions related to a download or purchase problem, the user is invited to send an email to the following email address: email@example.com
Article 13. Responsability
eMediaPlace makes every effort to provide users of the eMediaPlace service with up-to-date tools.
eMediaPlace will in no way be held responsible for speed of access to the eMediaPlace service, access to the data of the eMediaPlace service, download or even suspension or temporary impossibility of access.
The user is solely responsible for his technical equipment, and their compatibility with the eMediaPlace service. It must prevent any intrusions or viruses by the usual means (Firewall, anti-virus, etc.) that are not the responsibility of eMediaPlace.
Responsibility for eMediaPlace can not be engaged in case the content of newspapers and magazines, as well as any hypertext links pointing to other sites, would violate the rights of third parties and more generally the legal or regulatory provisions in force.
Unless proven otherwise, the data recorded by the eMediaPlace service constitutes proof of all transactions between the eMediaPlace service and its user.
Article 14. Modification and termination of the eMediaPlace service
MediaPlace reserves the right to modify the conditions of use of the eMediaPlace service and / or the offers at any time as well as the value of the credits according to the currencies.
The possible cessation of the eMediaPlace service will be announced to the users by email with a thirty days notice (30 days).
Any modification and / or cessation of the eMediaPlace service or offers under the aforementioned conditions does not engage the responsibility of eMediaPlace for any reason whatsoever.
Article 15. Applicable law
These GCSU are subject to Mauritian law.