Terms Of Use

Article 1 – Terms and Conditions jurisdiction and definitions

These Terms and Conditions of Use and Sale are governed by the laws of France and will be interpreted in accordance with the French courts. For your reading comfort and understanding, you can get on this page a full translation in English of the Terms and Conditions of the current website.

The below listed words define :

« Site », « website » or « Service » : the website https://www.gaiameditation.com and all its pages.
« Publisher » : the legal or natural person responsible for editing and publishing content on the site.
« User » : the person visiting and using the site.

Article 2 – Terms and Conditions application

The present Terms and Conditions describe the entire agreement between the user and the website. They may be modified at any time by the publisher or one of its representatives. The Terms and Conditions applicable to the user are those in effect on the date of connection to the site.

The site is free to access by any Internet user. The acquisition of a product, and in a broader sense navigation on the site implies acceptance by the user of the whole current Terms and Conditions, the user thus acknowledging to have taken full knowledge and accepted the latter.

For instance the collection of this acceptance can be materialized as a checkbox next to the phrase: “I have read and accepted the terms and conditions of this site“. Ticking this box will be considered to have the same value as a handwritten signature from the user.

The user recognizes the value of evidence from the site automatic recording systems and, unless able to provide evidence to the contrary, will not contest this evidence in the event of a complaint.

The acceptance of these Terms and Conditions implies on the part of the user that he or she does have the legal capacity necessary to do so. If the user is a minor or has not the legal capacity to enter into contracts, he or she declares having the consent of a parent or legal guardian.

The Publisher makes available to the User, on its Site, a Privacy Policy specifying all the information relating to the use of the User’s personal data collected by the Publisher and the rights of the User in relation to this personal data. The Privacy Policy is part of the Terms of Use. The acceptance of these Terms therefore implies the acceptance of the Privacy Policy.

Article 3 – Legal Notices, Privacy Policy and site purpose

The website https://www.gaiameditation.com is published by Clem’s 5 Entertainment SARL.

Legal notices concerning the website host and publisher can be found in the website Legal Notices. Website policy regarding the gathering and use of its users data can be found in the website Privacy Policy.

The purpose of the site is the following : « information and e-commerce website ».

Article 4 – Donation

These present Terms apply to all donations made on the Site, provided that the donations made are not tax deductible under the French General Tax Code.
The User may make donations to Clem’s 5 Entertainment following the instructions given on the site. He undertakes to make his donation by making sure to give the necessary information fully and accurately. In any case, the User is responsible for the information provided while donating.
To donate, the User must follow the following process:

He chooses to donate by clicking on the “Donate” button
He chooses the amount of his donation in Euros and confirms it by clicking on the “Make a donation” button.
He chooses his method of payment and proceeds to the donation by credit card or by Paypal.
The donation’s summary is sent to the User by email, and the donation is confirmed.

Article 5 – Access to and availability of the website

Failure to connect to the website is not considered harmful to the users, and will not result in any right to any kind of compensation.

The publisher is bound by an obligation of means; he can not be held liable for damages resulting from the use of the Internet network such as data loss, hacking, viruses, failure in service, or other.

The user expressly agrees to use the site at his or her own risk and under his or her sole responsibility.

The site provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will no be liable for :

any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this site or conversely the inability to use it;
any malfunction, impossibility of access, misuse, improper configuration of the user’s computer, or for the use by the user of an unusual browser

Article 6 – Hypertext links

Hypertext links on the current website may refer to other sites and the responsibility of the publisher of the current website can not be engaged if the content of these sites contravenes the laws.

The current website publisher will not be held responsible of any harm caused to the user by his or her visit on those third-party sites.

Article 7 – Use of cookies

Cookies allow the site to identify its users, customize their browsing experience and speed up the display of the site pages through a data file saved on their computer or device. Cookies are typically used on the site to gather user navigation data to provide statistics and optimize user experience.

The user acknowledges he or she has been informed of the use of cookies on the website, and authorizes the website and its publisher to use it. Clem’s 5 Entertainment agrees to never disclose the content of these cookies to third parties, except in the course of legal proceedings. The user can refuse the use of cookies or reset his or her browser settings to be notified prior to their use. To do this, the user can proceed as follows :

For Internet Explorer : https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
For Safari : https://support.apple.com/en-us/HT201265
For Google Chrome : https://support.google.com/chrome/answer/95647?hl=en
For Firefox : https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
For Opera : http://help.opera.com/Windows/10.20/en/cookies.html

Article 8 – Intellectual property rights relating to information published on this site

Unless otherwise stated, the publisher or its licensors own the intellectual property rights of the website and of material on the website.

Copying any content, including but not limited to logos, text content, pictures, audios or videos is strictly prohibited and will be considered counterfeiting.

Any user found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.

Trademarks and logos appearing on the site are deposited by the publisher or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, interweavings, distribution and reruns incurs to penalties foreseen in the articles L. 713-2 and following of the French Code of the intellectual property.

GAIA MEDITATION® is a trademark which is registered at INPI by Clem’s 5 Entertainment.

The Site, in its globality, has undergone a timestamped registration by a bailiff by Copyright France for Clem’s 5 Entertainment.

Article 9 – Liability

The publisher cannot be liable for any technical hindrance of the connection to the website, including but not limited to hindrance due to a force majeure event, a maintenance, an update, changes being made on the site, an intervention by the hosting company, an internal or external strike, a network outage, a power failure, or a bad setup or operation of the user computer.

Article 10 – User-generated content on the website

Users are offered the option of contributing to the contents of this site by posting comments. Contributors are advised that the publisher, represented if necessary by moderators, can choose to publish the comments on this site, on newsletters or on the websites of its partners, provided that the publisher includes the pseudonym of the author of the comment.

The author of the comment therefore waives his or her rights to it, to the benefit of the publisher and for any kind of distribution, use or purpose, even commercial, on the Internet medium ; this, of course, provided that author paternity rights are always respected.

Article 11 – Geographical restriction of use

The use of this website and that of its services is not limited to any geographical area. The Service can be used in all the countries around the world.

Article 12 – Notices and claims

Any notice concerning the Terms and Conditions, Legal Notices or Privacy Policy must be made in writing and delivered by hand, by registered or certified mail, by post or any other well-known courier service at national level that allows regular review of its prices and conditions, or by e-mail, using the addresses mentioned in the Legal Notices of this website, stating your full name, contact details and subject of the notice.

Any claim or cause of action you may have with respect to your use of this website, its pages, services or the social network pages of the publisher, or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. If it is not, such a claim or cause of action will never be applicable before a court.

It is possible that there are, on the whole website and the services offered, and to a limited extent, inaccuracies or errors, or information that is at odds with the Terms and Conditions, Legal Notices or Privacy Policy. In addition, it is possible that unauthorized modifications happen to be made by third parties on this site or related services (social networks …).

In such a case the user may contact the publisher of the website using the addresses mentioned in the Legal Notices of this website, to give, if possible, a description of the error and location (URL), as well as sufficient information for the publisher to be able to contact the user back.

Article 13 – Terms and Conditions framework

If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect.

They supersede all previous or contemporary written or oral agreements. The Terms and Conditions are not assignable, transferable or sublicensable by the user himself.

A printed version of the Terms and any notice given in electronic form may be requested in judicial or administrative proceedings in connection with the terms and conditions. The parties agree that all correspondence relating to these Terms of Use, shall be made in French language.

Article 14 – Applicable law

These Terms and Conditions are subject to the application of French law.

Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms and Conditions may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings.

It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings.

Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.

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Terms Of Use

Article 1 – Terms and Conditions jurisdiction and definitions

Article 2 – Terms and Conditions application

Article 3 – Legal Notices, Privacy Policy and site purpose

Article 4 – Donation

Article 5 – Access to and availability of the website

Article 6 – Hypertext links

Article 7 – Use of cookies

Article 8 – Intellectual property rights relating to information published on this site

Article 9 – Liability

Article 10 – User-generated content on the website

Article 11 – Geographical restriction of use

Article 12 – Notices and claims

Article 13 – Terms and Conditions framework

Article 14 – Applicable law

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