General Conditions of Use
Version of July 1st, 2015
Preamble
These General Conditions of Use ("GCU") govern the terms of use of the website www.happycouple.co and its smartphone applications (the "Site") owned by Happy Couple SAS ("Happy Couple") by any User of the Site ("User") and his/her participation in questionnaires/games/advice and other content, related to his/her relationship (furthermore referred to as the "Services").
The GCU are made available to Users on the Site and can also be provided upon request.
The User declares to have read and accepted these terms. The applicable terms are those provided on the Site.
The fact that Happy Couple fails to invoke any term hereof shall not be construed as a waiver.
Article 1 – Requirements for registration and User account
The User must register and create a User account to use the Site and the services.
The User must be at least 15 years old to open an account. Users under 18 shall be restricted from adult content and the use of certain Services.
A User must provide the following personal information for the opening of his/her account: name, email address, password for his/her Happy Couple’s profile, gender, preferred language, country of residence and email address of his/her partner. Failing this, the opening of the account shall not be possible.
The User may also provide at any time, additional information such as his town of residence, date of birth, number of children, status of his/her relationship with a partner (dating, living together, married, etc), etc.
Registration is free.
The User warrants that the data provided are true and accurate. The User undertakes to immediately inform Happy Couple of any changes in the data provided during registration and to proceed himself/herself to make the appropriate changes on the Site.
The use of the Users’ personal data is governed by article 6 of the GCU.
Upon request by any User, Happy Couple will provide a new personal and confidential password that the User will then be prompted to personalize.
Any User who does not fulfill the GCU will be prohibited to access and use the Site. Happy Couple reserves the right to temporarily or permanently suspend the account of any User.
The User acknowledges and agrees to keep the login and password allowing access to his/her account, confidential. The login and password are personal and should not be shared or transferred to any person or entity, in any form whatsoever, without the prior written consent of Happy Couple.
The User is solely responsible for his/her account and the use he/she makes of it.
Article 2 – Use of Services
Each User will receive access to the Services available on the Site upon registration.
The aims of the Services are not to provide advice, psychotherapy or assistance for a marriage or any other union, despite the personal motivations of the User.
Happy Couple is designed to entertain Users through activities and quiz-style games and content to improve their relationship, without claiming to substitute for professionals such as psychological or medical experts.
Happy Couple assumes no liability for the way the Users utilize the Services, either alone or as a couple, During the use of the Services, Happy Couple highly recommends that each User obtains the prior approval of his/her partner. Happy Couple assumes no liability for any and all acts of any kind committed by a User while implementing Services without supervision of a psychological or medical expert.
Users are authorized to post private comments/information/data on the Site, such posts can be accessed only by themselves and their partners.
Users shall comply with the following rules:
- Not to use the Services for professional, commercial, profit-making, soliciting (advertising, prospecting, etc.) or any other non-private purpose.
- Not to post any comments or content that may harm or violate the rights of others, nor be defamatory, abusive, obscene, offensive, violent, political, racist or xenophobic and, more generally, any remarks or content violating applicable laws and regulations
Failing to comply, Happy Couple may terminate the User’s account.
Article 3 – Relationship between the parties
Happy Couple, on the one hand, and the User, on the other hand, are independent parties, each acting in its own name and for its own account.
The GCU does not create any hierarchical relationship, partnership, joint venture, employee/employer or franchisor/franchisee status between Happy Couple and the User.
Article 4 – Liability
Happy Couple reserves the right, at any time, to modify or discontinue the Site and the Services without any liability. Happy Couple cannot be held responsible for any malfunction of the Site.
Happy Couple does not provide therapeutic/medical advice and, as such, cannot be held liable for the use of the Services by the User. We invite the User to consult a professional for all psychological and/or medical needs.
Happy Couple cannot be held liable for the accuracy or inaccuracy of information and content provided by Users.
The User accepts, by using the Site, all risks related to the use of the internet, notably the data transmission characteristics, technical errors and risk of piracy. Happy Couple cannot be held liable for any telephone costs and/or costs for the transmission of Services or any other information uploaded.
Happy Couple assumes no liability for any damage caused to the hardware of the Users.
Article 5 - Intellectual property rights
All the items and data shown on the Site are protected by French laws and regulations on copyright, publicity and/or trademark. Users shall not, under any circumstances, use, distribute, copy, reproduce, modify, alter or transmit the Site or parts of it without the prior written approval of Happy Couple.
No right or license shall be granted for any of these items without the express prior written approval of Happy Couple. Happy Couple reserves the right to pursue any action for infringement of its intellectual property rights.
Each User individually grants to Happy Couple a license to use his/her content provided to the Site and any intellectual property rights thereto including, but not limited to questions, tips, activities and challenges.
Article 6 – Personal data
Happy Couple undertakes to protect the personal data provided by Users at registration or obtained subsequently by any means. Files containing personal data have been declared to the CNIL. Happy Couple does not communicate and does not sell any of its Users’ personal data.
In accordance with the provisions of Law No. 78-17 dated January 6, 1978 as amended by Law No. 2004-801 dated August 6, 2004, known as the "loi informatique et libertés", subject to proof of identity, any User, regardless of his/her nationality, has the right to request that his/her personal data be rectified, completed, updated, blocked or erased if such data is inaccurate, incomplete, misleading, outdated or if the collection, use, communication or conservation of such data is prohibited.
Article 7 - Hyperlinks – Cookies
Happy Couple may provide links from its Site to other sites of the same group or independent sites. Independent sites are not edited or controlled by Happy Couple and do not constitute in any way an endorsement or a partnership. Happy Couple cannot be held liable for their content, products, ads or any other components or services presented on such sites.
In order to allow easier and faster access to its Site and the Services, we recommend that Users accept cookies. Cookies refer to a text file stored by the web browser on the User memory. When a User returns to the Site after having logged out, his/her username shall be automatically sent by cookies. The Site uses temporary cookies for proper operation and requires acceptance by the User. If the browser of the User's personal computer is configured to deny cookies, access to the internet may be altered, if not impossible.
Article 8 - Applicable law
All contractual provisions set out above are governed by French law. All disputes relating to the GCU fall under the jurisdiction of the Commercial Court of Paris (Tribunal de commerce).