MAILY GENERAL CONDITIONS
The Users of the Site and Application agree to respect the intellectual property of Maily. They undertake not to perform an activity that competes with Maily and accept that Maily may interrupt, suspend or change the services accessible on the Site or Application at any time.
I - INTRODUCTION
Article 1. Definitions and identification of the various participants
Goodnews.is is the provider of the Services defined below, operating on the one hand from the Maily Internet platform, made up of a computer system and a database specifically designed for the Services and, on the other hand, an application for touchscreen tablets accessible at the URL address http://www.Maily.com (the Application).
The private limited company Goodnews.is is registered with the Companies Register under number 0839.445.621 and its registered office is situated at 79 avenue des Nerviens, 1040 Brussels, email@example.com.
In the context of the present general conditions, the following definitions apply:
- "Person in Charge": any person authorised to register a Child with the Services and who has parental authority over the Child. The Person in Charge is also a Contact of the Child.
- "Child": any minor making use of the Services.
- "Contact": any person in the address book of Children and able to communicate with these last-mentioned through Maily.
Article 2. Application of the General Conditions
By registering for the Services, the Contacts agree to be bound by all of the General Conditions, which they confirm having fully read and understood. In the event of the adaptation, amendment or establishment of a new version of the present General Conditions, the Contacts shall be advised of this and shall be given access to the new applicable text, which they confirm they accept. This acceptance is required to access the Site. If a Contact refuses to accept the General Conditions, he may no longer make use of the Services for as long as he has not accepted them. The new General Conditions shall apply by default until acceptance or rejection of them.
II - SERVICES OF MAILY
Article 3. Definition of the Service offered by Maily
The Application is essentially intended for children and requires a touch screen tablet (iOS only). Maily is a platform that enables electronic messages to be sent in the form of drawings, photographs, graphic montages based on models, texts, etc, (hereinafter the Messages) that a Child sends from the Application via an e-mail address [name identifying the Child]@maily.com, to a pre-established list of Contacts. The Contacts answer via the Site. The Person in Charge can also use the Site or the Application to manage his account.
III - REGISTRATIONS
Article 4. Downloading the Application
Prior to registering, the Person in Charge must download the Application. The Application only operates on the following terminals with touch screens: iPhone, iPad, iPod Touch (hereinafter termed the "the Device" without distinction). It is only possible to install a single Application per Device.
Article 5. Registration of the Person in Charge and the Child(ren)
Once the Application is installed on the Device, any person who wants to use the Services of Maily must register and create a Profile containing his personal data.
The first time around, the Person in Charge must create an "Administration" account in his own name by specifying his details (surname, forename, date of birth, e-mail address) after having accepted the general conditions.
The Person in Charge chooses a password to access his Profile on Maily. The password of the Person in Charge is strictly personal, confidential and non-transferable. It must not be divulged to or shared with third parties. The Person in Charge alone is responsible for the confidentiality of his password and releases Maily from any responsibility in this respect. The Person in Charge undertakes to change his password if it is suspected that his confidentiality has been compromised. The data of a personal nature are treated in accordance with Title *** of these presents. These data are strictly personal and non-transferable.
The Person in Charge guarantees that he is of majority age and that his identification details are correct. He also guarantees that the provisions of the present General Conditions are compatible with the imperative rules and public policy of the law that applies to him, and that he may freely accept them. Once the registration has been confirmed, the Person in Charge, who confirms and guarantees he has parental authority over one or more Children, may register them for the Services, and confirms and guarantees that any other holders of parental authority approve this registration. The Person in Charge is responsible for the messages sent by the Children that he has registered. To register a Child, the Person in Charge must state the surname and forename of the Child and his date of birth. Registration is free of charge.
The Person in Charge also creates the @Maily.com address of his child. By default, the Application proposes the following address: firstname.lastname@example.org. If the chosen address is not available, the Person in Charge shall be invited to register his Child under another address. The Person in Charge may also add a photo of the Child, which shall be linked to the profile of this last-mentioned and shall appear in the list of messages received by the Contacts. An e-mail shall be sent by Maily to the address given by the Person in Charge so that this last-mentioned confirms his registration by clicking on the link contained in the message. Once the registration is confirmed, the Person in Charge can access his profile on the Application or the Site by stating his e-mail address and his password.
Article 6. Options of the "Administration" account of the Person in Charge
The Person in Charge can access the following facilities from his profile:
- Change the name of the Person in Charge.
- Change the e-mail of the Person in Charge.
- Change the password of the Person in Charge.
- Remove or add a Contact in the list of the Child.
- Receive a copy of every Message of the Child and approve or refuse its sending beforehand.
- Change the name of the Child.
- Change the profile photo of the Child.
Article 7. Creation of the list of Contacts
Once registered, the Person in Charge draws up the address book of each Child. Only the people identified by the Person in Charge can be users of the Services and communicate with the Child via Maily. The Person in Charge is automatically added to the list of Contacts of the Child. It is possible to register a different Contact list for each child using the same Application.
The Person in Charge can select the Contacts either from the personal address book of the Device, or by importing his Facebook contacts, or manually. The Maily address book does not synchronise with the changes that may be made to the address book of the Device or on Facebook.
The address book is saved on the Maily servers.
The Contacts do not need to download the Application or have a Device to use the Services.
They must however have access to the Internet.
The Contacts are identified by the Person in Charge with their surname, forename, relationship and an e-mail address. Each Contact receives an e-mail requesting confirmation of the address provided by the Person in Charge. The Contact confirms his identity and confirms his agreement to be among the Maily contacts of the Child. The Contact must also confirm his acceptance of the present General Conditions.
The Contact may then create a "Contact" profile on the Site using his e-mail address and a password. This profile page enables him to manage the e-mail address linked to the Application, to change his photograph that is shown in the list of Contacts of the Child, choose the name under which he shall be designated in the address book of the Child, and to deregister from the Application. This Contact may then communicate with different Maily accounts who have added him as a Contact.
Article 8. Addition of photographs
For the convenience of the children, the Contacts are identified in the address book of the Child in the Application with a photograph representing them. The Contact authorises this use of his image. By default, when the contacts have been selected through the Facebook interface, the photo from their Facebook profile shall be downloaded to their contact card of the Application. The Contact may select, at the time of his registration or later, another photograph depicting him. Any change of photograph only has an effect on the future.
Article 9. Control of the Person in Charge
In his profile, the Person in Charge may select a filter enabling every message sent or received by the Child to be copied to him and/or for him to approve or reject the Messages before being sent and received by the Child. The first filter is activated by default (and can be deactivated) and the second must be activated in the profile of the Person in Charge. The Person in Charge thus constitutes a filter who has to approve or refuse the sending or reception of every message by his Child. When this filter is activated, the Messages are only sent and received by the Child after approval by the Person in Charge. The Person in Charge receives the draft Message at the e-mail address of his Profile and must approve or reject the sending of it by connecting to his Maily Profile. The Message sent by the Child shall be sent to the Contact under the Maily address of the Child only, and the Message sent by a Contact to the Child shall be sent to the Child under the e-mail address of the Contact only.
VI - SENDING OF MESSAGES AND PRESENTATION OPTIONS
Article 10. Sending of Messages
The Child may compose his message by using the default options offered by the Application or the fee-based options if the Person in Charge has added them to his Maily account. Once the Message has been completed, the Child may send it to one or more of his Contacts that he selects in his address book, including a Message to another Child registered on Maily and who has an e-mail address @Maily.com. It is not possible to send a message to an e-mail address not contained in the address book of the Child. The Contact who receives the message can reply to it by connecting to his profile on the Site and choosing one of the replies from among the pre-predefined models that he can complete with free text. The Contact may also create a Maily account in his name and, in this case, send and receive messages from the Application. If the Child sends the Message to another Child with a Maily account and who has downloaded the Application, this last-mentioned can reply to it by using the drawings, photographs, graphic montages, texts, etc, available in the Application. If the Child sends the Message to several of his Contacts, the receiving Contacts cannot see which other Contacts have been copied the message. Moreover, the reply of the Contact to the Message shall only be sent to the Child. The other Contacts who have received the same Message from the Child shall not receive a copy of the reply from the Contact. Conversations must always be initiated from the Application and can be done either between Applications or between the Application and the Site (Web interface). It is not possible to send a Message from Web interface to Web interface. The Messages and the address book of the Children are saved securely on the Maily server. The Application works with an email client system, which induces that a copy of the Messages are kept on Maily's servers.
Article 11. Fee-based options
The Application and the Site can be used free of charge. However, certain additional options of the Application may be fee-based, in particular the registration of more than two Children on the Application, or certain additional models or functions for the creation of Messages.
Article 12. Purchase and payment
These options are purchased within the Application by using the iTunes account of the Person in Charge. The Options are accessible upon receipt of the payment. Payment is made in euros and all transfer costs, conversion costs or other bank charges are to the charge of the Person in Charge. The Person in Charge is not entitled to cancel the purchase, in accordance with article 47§4.3° of the Market Practices and Consumer Protection Act of 12 April 2010.
VII - PROTECTION OF DATA OF A PERSONAL NATURE
Article 13. Processing of data of a personal nature
The parties agree and are aware of the fact that the Internet is not a completely secure means of information, and that consequently a complete guarantee regarding the respect of their private life and data of a personal nature encoded on the Site or in the Application, such as surname, forename, e-mail address, etc, (the "Data") cannot be assured.
However, Maily shall do its utmost to guarantee observance of the provisions of the Act of 8 December 1992 on the protection of private life with regard to the processing of data of a personal nature. Maily has made a declaration of processing data of a personal nature to the Commission for the Protection of Private Life. The identity of Maily, the processing manager, is stated in article 1.
For the entire duration of his registration to the Services, the parties undertake to inform Maily of any changes to their own details and to make the necessary modifications on the Site or in the Application to keep the Profile up-to-date as soon as possible.
The Data gathered by Maily are intended to be processed by Maily who may collect them, manage them, use them, communicate them, store them, integrate them in its own database and process them automatically for the purpose of operating the site and providing the Services. Maily may use these Data to identify and contact the parties, manage the clientele, integrate the Data in databases to facilitate the processing and integration of Messages.
The Data are subject to computer processing. They are only provided to third parties with the prior express authorisation of the person concerned.
By accepting these presents, the Parties authorise, without restriction, the transfer of their Data to a non-member country of the European Union that does not provide an equivalent level of protection to that applicable in Belgium, in accordance with article 22§1.1° of the Act of 8 December 1992 on the protection of private life with respect to the processing of data of a personal nature.
Maily reserves the right to exploit these Data anonymously, in particular for the purpose of studies, statistics and analysis and the publication of these last-mentioned.
Article 14. Obligation of the Contacts
Without prejudice to the legal provisions, any user of the Site or the Services with access, because of this, to data of a personal nature undertakes to respect the confidentiality of these data, and not to exploit them in a way that is incompatible with the purpose of the Service as described in these presents, or without the authorisation of the persons concerned. This usage is under the sole and entire responsibility of the persons concerned, who release Maily in this respect.
Article 15. Access, rectification and deletion of data of a personal nature
The parties have a right to delete and rectify the Data concerning them, using the edit or delete option of their Profile or by sending an electronic mail to info[@]Maily.com.
The deletion of part of the compulsory data of the profile is equivalent to deregistration.
Article 16. Technical protection of data of a personal nature
All precautions have been taken in the Maily databases to archive the Data in a secure environment, which is only accessible with a username and password. The employees with access to the Data are bound by a contractual confidentiality obligation with respect to the personal data. Maily uses a secure Internet and intranet connection in accordance with practices, and shall do its utmost to provide technical protection against the destruction, loss, modification and unauthorised access to the Data.
Article 17. Conservation of data of a personal nature
After termination or the end of the registration of the Parties, Maily may, at its entire discretion, keep the data submitted regarding the registration to the Services for twelve additional months, for reports, verifications or consultations. Once the personal data have been deleted, Maily shall only keep summary anonymous data for statistical purposes.
VIII - DEREGISTRATION
Article 18. Deregistration conditions
The Contacts may request deregistration of their Maily account at any time and the Persons in Charge may, at any time, deregister their Child(ren) from Maily or terminate their account, free of charge and without compensation. The deregistration of a Person in Charge results in the deregistration of the children registered by this Person in Charge, and the Contacts of these Children. The deregistration of a Child results in the deregistration of the Contacts of this Child.
This deregistration can be done at any time by sending an e-mail to the address info[@]Maily.com, stating his desire to deregister his Maily account. It may also be done via the Profile management page. The person wanting to deregister receives a confirmation request at the e-mail address provided at the time of registration. The Person in Charge receives the confirmation of deregistration of the Child that he registered at his e-mail address, and must accept it. This deregistration is done manually by Maily and may take a few days.
The deletion of the Application from the Devices does not authorise deregistration from the Services.
IX - RESPONSIBILITIES RELATING TO THE USE OF THE SITE AND THE APPLICATION
Article 19. Obligations and responsibilities of the Parties
With regard to the use of the Service and the consultation of the Site, the Contacts undertake, in a general way, to respect the applicable laws and the present general conditions and not to infringe the rights of third parties.
Consequently, without prejudice to the other provisions of these presents, each Contact undertakes without reservation:
- Not to use the site for commercial purposes (prospecting, etc).
- To only provide information that corresponds to reality and to regularly update it.
- To only divulge information relating to his private life and his person whose distribution and disclosure he considers shall not harm his rights and are not prejudicial to him.
- To only provide information and data that he is empowered and authorised to disclose and use in relation to the Services.
- Not to divulge his password to a third party.
- Not to communicate or distribute, in any form or nature whatsoever, content that infringes the rights of third parties or which is of a defamatory, injurious, threatening, obscene, offensive, hateful or violent nature, or which incites violence, or is of a political, racist, xenophobic, vulgar or pornographic nature, or any content which in general does not correspond to the Services of Maily.
- Not to communicate content that constitutes a breach of criminal law, in particular child pornography, paedophilia, debauchery, racism, xenophobia, advertising for offers of services of a sexual nature, the sale of narcotics, etc.
- Not to communicate content that infringes the intellectual property rights of third parties or other rights and interests of third parties.
- To display moderation and ethics in all messages, documents and communications sent through the Site.
- Not to do effect publicity or commercial communications, or which promote any goods or services whatsoever.
- Not to send chain messages or to do spamming.
- Not to promote sites that directly compete with Maily.
- To behave faithfully towards Maily, the other Candidates and Addressees.
- Not to reduce, disorganise or prevent the normal use of the Site Services, in particular by interrupting and/or slowing down access to the Site or the circulation of information by means such as viruses, mass sending of messages, "deep link", "page scrape", "robot", "spider" or any other means, program, method, algorithm, that could interfere with the operation of the Site.
- Not to propose links to or promote third-party sites of an illegal nature, that are contrary to accepted standards of good behaviour, or which do not comply with the spirit of Maily.
- Not to adopt any other improper or illegal attitude that is contrary to accepted standards of good behaviour, public policy or the good management of the Site, or which is able to harm the rights of third parties.
In the event of the non-observance of the principles set out above, Maily reserves the right to immediately deactivate the account of the Party responsible, to prohibit subsequent access to and registration on the Site, and to claim payment of all compensation in order to compensate for the damage suffered by Maily further to the non-observance of these provisions.
Article 20. Responsibility of Maily
Maily expressly declines all responsibility in the event of the non-observance of the obligations of the Parties or in the event of damage that is directly or indirectly imputable to them. If applicable, the Party at fault or responsible shall indemnify Maily against any judgement pronounced against it.
Maily is not responsible either for the erroneous nature of certain data provided by the Party in relation to his registration.
Maily has no general surveillance obligation regarding the information that it sends or stores, nor any general obligation to actively search for the facts or circumstances revealing illicit activities, in accordance with article 21 of the Act of 11 March 2003 on certain legal aspects of services of the information society.
In the event of the publication of illicit content on the Site, Maily may only be held responsible:
- if it actually knew of the illicit activity or information; - and if it has not responded promptly, as of the time of it knowing of all details required to withdraw the illicit information or to make access to it impossible.
Maily may be asked to give the competent judicial or administrative authorities information enabling them to identify the Contacts in the event of illicit activities being performed from the Site, with observance of the applicable procedures.
Maily does not guarantee that the Services shall be accessible if the Internet service provider of the Contacts or the Child is at fault. Maily is not responsible for the non-operation, impossibility of access, or poor conditions of use imputable to unsuitable equipment, malfunctions due to the service provider of the Contacts or the Child, congestion on the Internet network, malfunctions of the host and service provider of Maily, or for any other reason not arising from a fault directly imputable to Maily. Maily declines all responsibility in the event of the loss of data due to the poor operation of the Site or the Application.
Maily may temporarily interrupt access to the Site and/or Services for maintenance, updates, technical improvements or development of the content or its presentation.
Maily may include links on the Site or in the Application to other websites or other Internet sources. However, Maily is not able to verify or check these external sources and may not be held responsible for the provision of these sites or sources, or their content, advertisements, products or services offered. The Contacts consult them at their risk and under their own responsibility.
Maily does not guarantee the continuity of its Services either.
The Parties relieve Maily from any responsibility in the event of any damage or harm further to the non-observance of the obligations that they enter into by accepting these general conditions.
X - GENERAL CLAUSES
Article 21. Intellectual property regarding the Site and Application
The interface, typography, logos, graphics, photographs, animations, icons, videos, characters, texts, etc, contained on the Site and the Application are the intellectual property of Maily or its partners, and may not be reproduced, used or represented without its express authorisation. The same goes for the Maily database and its content, and for the source codes of the Site, as well as for any software enabling the operation of the Application.
The right to use these elements, granted to the Contacts and Children by Maily, are limited to the access, downloading, printing and reproduction on all media and to the use of these documents for private usage, for the duration of the membership of Maily only and for the purpose of using the Services.
Except in the cases expressly provided by these presents, the Contacts are prohibited from modifying, copying, reproducing, downloading, distributing, transmitting, decompiling or compiling, commercially exploiting or distributing, in whatever form, the pages or parts of pages of the Site or the Application or the computer codes of the underlying elements.
Maily and its logo are a registered trademark of Maily.
Article 22. Image rights
The Messages of the Children sent from the Application may contain photographs. The Persons in Charge agree to these photographs being sent to the Contact addressee of the message, to the photographs being saved on the computer server of Maily, and if applicable to them being shared on the computer platforms of social networks. They indemnify Maily against any redress in this respect. Maily shall keep the photographs in the Messages but not the photographs of the Contacts, Children and the Persons in Charge after the deregistration of these last-mentioned.
Article 23. Intellectual property regarding the Messages
The Users are the sole owners of the intellectual property rights on the content of the Messages.
Article 24. Statistics
Maily is allowed to gather anonymous statistics related to the use of the Application's functionnalities by the users.
Article 25. Termination by Maily
Maily may, without prior notice, deactivate the account of a Contact or a Child in the event of the non-observance of the rules given in the General Conditions or in the event of fraud. The deactivation of the profile is without prejudice to any legal action or claim for compensation that may be made by Maily to safeguard its rights. This termination is equivalent to, and produces the same effects as, the deregistration of the Party concerned.
Under no circumstances may the deactivation of an account of a Contact or a Child give rise to compensation by Maily or to the reimbursement of any sums paid to download the Application or to purchase the Maily models.
The deregistration of a Contact who is also the Person in Charge of one or more Children shall lead to the deregistration of the Children linked to his profile.
Article 26. General clauses
The present General Conditions constitute a contract governing the relations between the parties.
If certain provisions of these presents turn out to be null and void, the other non-invalidated provisions shall continue to apply.
Without prejudice to article 2, Maily may amend the present General Conditions at any time and without notice. The Contacts shall ensure they are always familiar with the latest version, which is accessible on the Site and in the Application.
These presents are without prejudice to the application of the General Conditions of Apple Store for the purchase of the Application and the fee-based options.
Article 27. Applicable law and jurisdiction
The present General Conditions are subject to Belgian law.
In the event of disputes relating to these General Conditions, the use of the Site or the Services, only the courts of the legal district of Brussels ruling in the French language shall have jurisdiction.