1. Legal information
The www.mashallah.app website (hereinafter “Mashallah.app”) and the services described in these General Terms and Conditions of Service and Use are published, operated and provided by LT Services SARL, whose full contact details are available by clicking here (hereinafter “LT Services”). Mashallah.app is hosted by OVH SAS, whose contact details are available by clicking here. LT Services customer service can also be contacted via the contact form accessible by clicking here.
2. Purpose of these General Terms and Conditions of Service and Use
The purpose of these General Terms and Conditions of Service and Use is to define the conditions under which LT Services provides its Members on Mashallah.app with a virtual networking service for private, non-commercial purposes. The Services offered by Mashallah.app are either free of charge or subject to a fee (except for women, for whom all Services are free of charge). Access to the Services offered on Mashallah.app is exclusively reserved for adults. Members are users of Mashallah.app or the dedicated mobile application, who have created an account and hold a Basic Subscription or Premium Subscription subscribed under the terms and conditions below.
3. Definitions
The following terms, whether used in the singular or plural in these General Terms and Conditions of Service and Use, shall have the following definitions: Subscription means the periodic contract to which the Member subscribes in order to benefit from the services offered by Mashallah.app. Basic Subscription means a free Subscription taken out for an unlimited period by a Member, enabling him/her to use only the Free Services described in article 6.1 of these General Terms and Conditions of Services and Use. Premium Subscription(s) means a paid Subscription taken out for a period of one (1) month, three (3) months or six (6) months, at the Member’s discretion, giving access, for the duration of said Premium Subscription, to all the Paid Services described in article 6.2 of these General Terms and Conditions of Service and Use. Privacy Policy means the policy on confidentiality and protection of Members’ Personal Data implemented by LT Services and accessible by clicking here, which forms an integral part of these General Terms and Conditions of Service and Use. Content means content of any kind belonging to the Member and posted on Mashallah.app via the Services by the Member, on the Member’s initiative and under the Member’s responsibility. Personal Data refers to the Member’s personal data collected and processed by LT Services as part of the creation and management of his or her Personal Profile and as defined in the Privacy Policy. Identification element: login and password sent by LT Services to the Member, enabling him/her to access the Services via his/her personal Profile. Withdrawal form means the form used by the Member to exercise his or her right to withdraw from his or her Premium Subscription. The withdrawal form is available as an appendix to these General Terms of Service and Use and by clicking here. Mashallah.app refers to the www.mashallah.app website and/or the Mashallah.app mobile site and/or mobile application published, operated and provided by LT Services. Member means any natural person of legal age who subscribes to the Services for his or her personal needs and has created a personal Profile on Mashallah.app for this purpose. Personal Profile refers to the personal account created by the Member on Mashallah.app, accessible via the Identification Elements in the “My Profile” section of Mashallah.app, containing in particular the Member’s identification information. Services means the free and/or paying Services made available to Basic or Premium Subscription Members and described in article 6 of these General Terms and Conditions of Services and Use.
4. Scope, acceptance and modification of the General Terms and Conditions of Service and Use
The purpose of the General Terms of Service and Use is to define the conditions under which LT Services allows Members to register on Mashallah.app, create their personal Profile and subscribe, at their discretion, to a Basic or Premium Membership. The creation of a personal Profile, followed by the subscription to a Basic or Premium Membership, implies the Member’s unreserved acceptance of these General Terms and Conditions of Service and Use, as well as of the Privacy Policy. Any use of the Services automatically implies the application of the present General Terms of Services and Use. As the General Terms and Conditions of Services and Use may be subject to change, the applicable General Terms and Conditions of Services and Use are those in effect and accessible on Mashallah.app on the date of creation of the Personal Profile by the Member, then, in the event of modification, on the date of access to each of the Services.
5. Register on Mashallah.app and create a personal Profile
5.1. Register on Mashallah.app
To be a Member of Mashallah.app, you must be at least 18 years old at the time of registration and fill in all the required fields in the forms. The equipment used to access the Mashallah.app website, as well as all telecommunications costs incurred by their use, are at the Member’s expense. Consequently, it is the Member’s responsibility to take all appropriate measures to protect his or her Personal Data, information and/or software from any form of contamination by viruses originating, in particular, from the Internet. By completing the registration form on Mashallah.app, the Member declares and warrants that he/she has full capacity to do so. Likewise, the Member warrants to LT Services that his or her Personal Data is accurate, up-to-date and complete with respect to his or her identity and contact information. In particular, he/she undertakes to provide a valid telephone number (any virtual or temporary number is forbidden) and an effective and valid e-mail address of which he/she is the owner. The Member also undertakes to update his Personal Data (in particular his e-mail address and telephone number) as soon as any of them is modified, in order to maintain the accuracy of this information, by going to his Personal Profile. The Member also certifies that the photos posted on his/her personal Profile represent him/her. The Member acknowledges that LT Services reserves the right to check the Member’s Personal Data and to suspend or terminate the Member’s access to his or her Personal Profile, and therefore to withdraw the Member’s ability to access the Website and benefit from the Services, in the event that the Member does not comply with these registration terms and conditions, and particularly if he or she provides Personal Data that is false, inaccurate, incomplete or not up to date. Under no circumstances shall LT Services be held liable to Members or third parties for any error, omission or inaccuracy in the Personal Data provided by the Member at the time of registration. In the event of total inactivity of a Member’s Personal Profile for a period of two (2) years from his last connection to Mashallah.app, LT Services reserves the right to deactivate said Member’s access to his Personal Profile and to process his Personal Data under the conditions of the Privacy Policy. In the event of a Member’s death, his or her Personal Profile will be deactivated, and his or her Content and Personal Data will be processed in accordance with the terms of the Privacy Policy.
5.2. Identification details
At the end of the personal Profile creation process, the Member is provided with identification details. Identification details are strictly personal; the Member undertakes to keep them confidential and not to pass them on to third parties. The Member is the only person authorized to access and use the Services using his or her Identification Elements. Any access to the Services using the Member’s identification details is automatically deemed to have been made by the Member and under his or her responsibility. Consequently, in the event of loss, theft or any fraudulent act with regard to the Identification Elements, it is the Member’s responsibility to inform LT Services as soon as possible and to provide proof of identity by any means. Upon receipt of a duly justified notification, LT Services will send the Member an e-mail allowing him/her to update his/her Identification Elements, on the Member’s responsibility to keep them strictly confidential. If LT Services has legitimate reason to believe that the security of Mashallah.app has been violated and/or that a misuse of all or part of the Services is due to an unauthorized use of the Identification Elements of one or more Member(s), LT Services may temporarily suspend access to the Member’s Personal Profile in order to preserve the integrity of Mashallah.app and the data and, if necessary, require the Member to modify his or her Identification Elements via the “My Account” section of his or her Personal Profile. Similarly, if the Member selects a pseudonym as part of the Identification Elements enabling him/her to access his/her Personal Profile that is inappropriate, contrary to good morals or infringing on the rights of a third party, LT Services reserves the right to suspend access to the Personal Profile concerned.
6. Description of Services
6.1. Free services – Basic subscription
The creation of a Personal Profile gives all Members unlimited access to the free Services for the entire period of access and validity of their Personal Profile. The Member is free, at any time, to terminate access to the Services and to request the deletion of his/her personal Profile. To do so, send an e-mail to LT Services at [email protected]. LT Services undertakes to process this request in accordance with the terms and conditions of the Privacy Policy. Free Services include the possibility of creating a personal Profile and accessing all the services included in the Basic Subscription presented on Mashallah.app and reproduced below: Basic Create a profile and be visible to all users Photos validated in less than 5 min by customer service Certify my account for free Access to the mobile and iPhone version View unlimited users’ profiles and photos Smile a user Search with multiple criteria Manage my profile page, modify information Add or modify my personalized ad Be alerted by email when a user visits my profile, sends me a message or smiles at me
6.2. Pay services – Premium subscription(s)
To access the paid Services, the Member is invited to subscribe to one of the Premium Memberships offered on Mashallah.app under the terms and conditions set out below. Whichever Premium Subscription the Member chooses, he/she will have access to the following paid Services, in addition to the free Services available as part of the Basic Subscription. Premium See who visited me See who smiled at me Read & Send unlimited messages Search for a user by her nickname Add a user to my favorites See more profiles in my search results Manage my email notifications Save all my personalized searches Manage my messages: delete, restore, mark as unread etc. Add profiles to my blacklist Create a profile and be visible to all users Photos validated in less than 5 minutes by customer service Certify my account for free Access to the mobile and iPhone version View unlimited user profiles and photos Smile a user Search with multiple criteria Manage my profile file, modify information Add or modify my personalized ad Be alerted by email when a user visits my profile, sends me a message or sends me a smile In order to use the Paid Services, the Member must subscribe to one of the three (3) Premium Subscription packages offered by LT Services under the terms and conditions described in article 9.1 of these General Terms and Conditions of Service and Use.
7. Commitments and obligations of the Member in connection with the use of Mashallah.app and the Services
7.1. Member’s obligations
The Member undertakes not to send commercial communications to Members without prior authorization from LT Services via the Services; obtain information concerning Members or the Content they publish using automated methods (such as robots, spiders, etc.); carry out marketing or other pyramid-style activities directly or indirectly via the Services; upload viruses or other malicious code to Mashallah.app with viruses or other malicious code; request login information and access to a personal Profile belonging to another Member, without his/her authorization; intimidate and harass other Members; publish Content, inciting hatred or violence, threatening, pornographic, pedophilic or containing gratuitous nudity or violence and more generally any Content that may be subject to criminal sanction; use Mashallah.app for the purposes of pimping, incitement to racial hatred, denial of crimes against humanity, defamation and insults, computer hacking, proselytizing or conveying political ideas of any kind whatsoever; publish official documents or financial information concerning others; promote Content related to alcoholic beverages or for adults without age-related access restrictions; offer contests or sweepstakes (“promotions”) without the prior written consent of LT Services; use his or her Personal Profile or generally in connection with the use of Mashallah.app and its Services; engage in acts of any nature whatsoever, such as broadcasting, publishing or posting data or Content that is contrary to the law, infringes public order, or violates the rights of LT Services or third parties; act in a way that could hinder the proper functioning of Mashallah.app and/or the Services; allow or encourage non-compliance with any of the provisions of these General Terms and Conditions of Service and Use; provide false Personal Data when registering and create a Personal Profile in the name of another person without that person’s authorization; create several Personal Profiles: the Member undertakes to create only one Personal Profile corresponding to him or her. If LT Services deletes the Member’s Personal Profile in the event of non-compliance with these General Terms and Conditions of Service and Use under the conditions set forth in articles 11 and 14 of these General Terms and Conditions of Service and Use, the Member agrees not to create another Personal Profile without LT Services’ authorization; to use his or her Personal Profile and the Services for commercial purposes; use the Services for purposes other than those for which they are intended; not update his or her Personal Data; communicate his or her Identification Elements to a third party and allow anyone to access his or her Personal Profile or do anything that may compromise the security of his or her Personal Profile; exploit all or part of the elements of Mashallah.app on which LT Services holds intellectual property rights, without the prior written authorization of LT Services. In general, the Member must respect the intellectual property rights pertaining to Content provided by LT Services, other users or third parties. Each Member shall refrain from reproducing or communicating through Mashallah.app or any of its Services any Content without the authorization of the holders of the rights pertaining to such Content; creating illegal activities (and thus inciting the participation of other Members in such activities) or with the aim of carrying out a commercial operation. In the event of notification by a third party that the Content published on Mashallah.app is illegal, including by any judicial requisition from a competent judicial authority, LT Services reserves the right to delete, as of right, all or part of the Content published by a Member on the social network or forum that is in violation of these Terms and Conditions of Service and Use or that is manifestly illegal. In addition, in the event of a breach of any of these obligations, the Member acknowledges and accepts that LT Services shall have the right to suspend and/or terminate access to the Member’s Personal Profile and to the entirety of the Services, without such suspension and/or termination giving rise to the payment of any compensation whatsoever. LT Services will notify the Member by e-mail.
7.2. Special provisions relating to Content and its distribution
When the Member has initiated or participated in a discussion shared with other Members, or when the Member has sent a message to another Member, this Content persists even after the deletion of the Member’s personal Profile, it being understood that the Content will no longer be associated with the Member once he/she has been deactivated and will no longer be visible to the Member(s) with whom the deactivated Member was discussing. In addition, the Member is informed that Content deleted by the Member may remain in backup copies for a certain period of time but is not available to other Members.
8. Financial conditions and payment security
8.1. Financial terms and conditions
Premium Subscription prices displayed on Mashallah.app are quoted in euros, inclusive of all taxes (VAT and other applicable taxes). The Member acknowledges and accepts that the amount of his or her Premium Membership does not include the cost of telecommunications enabling access to the Services offered on Mashallah.app and included in his or her Premium Membership, nor any other Internet connection costs, which remain the Member’s responsibility in their entirety. LT Services reserves the right to modify its prices at any time. In the event of a change in the price of Premium Subscription formulas, this change will be effective as of the renewal of the Member’s Subscription, who will receive a message in the “My space” section of his or her personal Profile informing him or her of this change fifteen (15) days before the renewal of his or her Premium Subscription. If LT Services modifies the prices of Premium Subscription packages, these modifications will be effective as soon as they are posted online on Mashallah.app.
8.2. Transaction security on Mashallah.app
Payment of the Premium Subscription price is made by credit card: On the Internet, through Mashallah.app’s service provider, Stripe, using a secure payment process provided by Stripe. For more information on this system, click on the link: http://www.stripe.com. On the Mashallah.app mobile application, directly from Apple via the Member’s ITunes account, without LT Services being able to access any information (notably banking information) of the Member in this respect. The transaction for the first Premium Subscription period is recorded by Société Générale, which in turn issues LT Services with a subscriber number for internal identification purposes. The subscriber number enables LT Services to send a payment order to the aforementioned bank for payment of the monthly instalments due at the time of automatic renewal of the Premium Subscription under the terms and conditions of article 9.3 of these General Terms and Conditions of Services and Use. This subscriber number also allows Mashallah.app, in accordance with what is indicated in the Privacy Policy accessible here, to positively identify a Member when the latter contacts Mashallah.app. Direct debits will therefore only be made by Banque Société Générale on payment orders from LT Services, upon communication of the Member’s subscriber number, for the entire duration of the Member’s Premium Subscription. When the Member subscribes to a Premium Membership on Mashallah.app, LT Services retains only the first four (4) and last four (4) numbers and the expiration date of the Member’s credit card for the sole purpose of identification, and this, to ensure the commercial relationship with the Member for three (3) years from the date of the Member’s last connection to Mashallah.app LT Services retains neither the full credit card number nor its cryptogram. This data is not used to carry out transactions.
9. Subscription duration – Renewal and termination
9.1. Subscription
To subscribe to one of the three (3) Premium Subscription formulas, the Member is invited to fill in a Subscription form in which he/she will be asked to select the chosen formula (i.e. a monthly, quarterly or half-yearly Premium Subscription) and provide the information mentioned on his/her payment card in order to proceed with payment. As the only means of communication between LT Services and the Member is the exchange of e-mails, the Member declares and guarantees in this regard that the information transmitted by him/her to LT Services is sincere and valid and that the e-mail address provided at the time of registration is perfectly valid and in working order. It is the user’s responsibility to inform LT Services of any change in e-mail address. Subscription to a Premium Membership is for personal use only, which the Member declares and acknowledges. Non-compliance by the Member with all or part of the obligations subscribed to under the terms of the present General Terms and Conditions of Services and Use, and in particular concerning any incident of payment of the Subscription price, may result in Mashallah.app’s right to refuse the Member any new Subscription subscription until the Member’s situation has been rectified. Before taking out a Subscription, except in the case of a commercial operation, the Member is invited to select the duration of the Subscription of his choice, then to confirm his Subscription by proceeding with payment. Prior to payment of the Subscription, the Member is invited to accept the terms of the present General Terms of Services and Use. It is assumed that the General Terms and Conditions of Service and Use applicable are those in force on the day of confirmation of the Subscription. Once the Subscription has been paid for and finalized by the Member on the Mashallah.app website, written confirmation will be sent to the Member by e-mail, summarizing the Subscription package subscribed to, its price and the terms of use of the services subscribed to. The Member undertakes to keep the elements contained in the Subscription confirmation e-mail, including its attachments.
9.2. Premium Subscription duration
The Member may choose to subscribe to three (3) Premium Subscription packages: Monthly Subscription (one (1) month) Quarterly Subscription (three (3) months) Semi-annual Subscription (six (6) months) Subscription to a Premium Subscription by the Member takes place on the Mashallah.app website, with the Member being invited to place an order following the process set out in article 9.1 of these General Terms and Conditions of Service and Use. Without prejudice to the provisions of article 9.3 below, any Premium Subscription is concluded for its firm duration and the sums paid in this respect are definitively acquired by LT Services, including in the event of early termination of the Premium Subscription. Regardless of the duration of the Premium Subscription, the Member is fully informed that, upon expiry, the Premium Subscription will be automatically renewed for an identical duration, unless the Member terminates the Premium Subscription no later than twenty-four (24) hours prior to expiry of the current Premium Subscription. Thus, if the Member does not wish to renew or terminate his or her Subscription, he or she must log on to his or her personal profile on the Mashallah.app website, go to “My Space”, then “My Subscription”, and click on “Modify” visible at the bottom of the page, within the above-mentioned time limit.
9.3. Special provisions for tacit (automatic) renewal of Premium Subscriptions
The Member is hereby informed that, in accordance with the provisions of article L.215-1 of the French Consumer Code concerning the (automatic) tacit renewal of contracts: “For service contracts concluded for a fixed term with a tacit renewal clause, the professional service provider shall inform the consumer in writing, by dedicated letter or e-mail, no earlier than three months and no later than one month before the end of the period authorizing the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear, comprehensible terms, mentions the non-renewal deadline in a visible box. Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date. Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial contract to a fixed-term contract, are in this case reimbursed within thirty days of the termination date, after deduction of sums corresponding, up to that date, to the performance of the contract. The provisions of the present article apply without prejudice to those which by law subject certain contracts to special rules concerning consumer information”.
9.4 Automatic renewal
On expiry, the current Subscription is renewed for a period equivalent to that initially subscribed by the User. The User may object to this renewal by notifying the Site by e-mail at [email protected] no later than 24 hours before the expiry date of the current Subscription. In the absence of such notification, the Subscription is renewed and will be invoiced on the same rate basis and according to the same periodicity as the Subscription initially subscribed. In accordance with articles L.215-1, L.215-3 and L.241-3 of the French Consumer Code reproduced below, LT Services will send the User an e-mail informing him of his option not to renew the Subscription and the terms and conditions of non-renewal of said Subscription. It will also inform him of his obligation to pay the new Subscription. “the professional service provider informs the consumer in writing, by dedicated letter or e-mail, at the earliest three months and at the latest one month before the end of the period authorizing the rejection of renewal, of the possibility of not renewing the contract he has concluded with a tacit renewal clause. This information, delivered in clear, comprehensible terms, mentions the non-renewal deadline in a visible box. Where this information has not been sent to the consumer in accordance with the provisions of the first paragraph, the consumer may terminate the contract free of charge at any time after the renewal date. Advances made after the last renewal date or, in the case of open-ended contracts, after the date of conversion of the initial contract to a fixed-term contract, are in this case reimbursed within thirty days of the termination date, after deduction of sums corresponding, up to that date, to the performance of the contract.” The provisions of this article apply without prejudice to those which by law subject certain contracts to special rules concerning consumer information. “The provisions of this chapter also apply to contracts concluded between professionals and non-professionals. “Where the professional has not made repayment in accordance with the conditions laid down in Article L. 215-1, the sums due shall bear interest at the legal rate.”
10. Member’s right of withdrawal
The Member acknowledges having received all the information relating to the services offered on Mashallah.app and more specifically to the various Premium Subscription formulas offered on Mashallah.app, before subscribing to them and that the offer of these services complies with the requirements for services provided remotely, in particular via the Internet. In accordance with the provisions of article L.221-18 of the French Consumer Code, the Member benefits from a right of withdrawal and may therefore decide to withdraw from his Subscription without having to give any reason, within a period of (14) calendar days from the date of confirmation of his Premium Subscription by LT Services. To do so, the Member must inform LT Services of his intention, at the latest within the aforementioned period of fourteen (14) days, and this: either by completing and sending to LT Services the Withdrawal Form appended to these General Terms and Conditions of Services and Use and by complying with the instructions contained therein; or, by expressing his intention to withdraw in a clear and unequivocal manner including the essential information to do so by e-mail. [A compléter] or by post to LT Services at the address given in article 1 of the Mashallah.app Legal Notice, which can be accessed by clicking here. As soon as possible after LT Services has received the Withdrawal Form or the notification of the Member’s wish to exercise his or her right of withdrawal, LT Services will acknowledge receipt to the Member by e-mail. The cost of sending the Cancellation Form shall be borne by the Member. In the event that the Member expresses his express wish to benefit from his Subscription before the expiry of the aforementioned fourteen (14) day period and then decides, still within the aforementioned withdrawal period, to withdraw, the Member will owe LT Services an amount corresponding to the prorata temporis use of the Premium Subscription up until the communication of his intention to withdraw, excluding as necessary the free Services delivered by LT Services. LT Services will then reimburse the Member for an amount equal to the total amount paid at the time of subscription to the Premium Subscription, less the amount corresponding to the duration of the Subscription until notification of the Member’s decision to withdraw. Reimbursement will be made as soon as possible and, at the latest, within fourteen (14) days of the date on which LT Services was informed of the Member’s decision to withdraw. Reimbursement will be made using the same means of payment as that used by the Member to subscribe to his Premium Membership, unless the Member expressly requests the use of another means of payment and provided that the reimbursement will not incur any costs for the Member or LT Services.
10.1 Paid services purchased via the Apple Store
If a Subscriber purchases a paid service using his or her Apple ID, cancellations and refunds are handled by Apple according to its own terms and conditions, over which Mashallah has no control. To request a refund, a Subscriber must access iTunes, click on their Apple ID and follow Apple’s cancellation and refund instructions.
11. Suspension of the Member’s Subscription and deletion of the Member’s account
LT Services reserves the right to delete messages that are sent massively by a Member in order to preserve a normal quality of use of the service for other Members. LT Services may also suspend the visibility of Members who use the Services in an automated manner. A presumption of automated use of Mashallah.app exists when the Member posts messages at a frequency that cannot be attributed to human or manual action. The Member will then be notified of the suspension of his or her visibility and may contact LT Services to remedy the situation. LT Services also reserves the right to withdraw access to a Member who has subscribed to a Subscription but who does not respect the General Terms of Service and Use, particularly in terms of morals or practices on the site, without any financial reimbursement from LT Services. In the event of non-payment by the Member of the Subscription within the required timeframe, LT Services will promptly suspend all access to the services for the Member. Termination of the Subscription does not necessarily result in deletion of the account, since the Member may remain a Visiting Member. However, the Visiting Member will no longer be able to use the Services offered by LT Services. To permanently delete the account, the Member must log on to Mashallah.app, go to “My account” and then “Delete my account”. To ensure the safety of our users, we implement a two-month safety retention period after account deletion. During this period, the Member is not able to create a new Mashallah account. Any attempt to register will result in the reactivation of the previously deleted account. At the end of this period, the Member will again be able to create a new account with his/her information. Please note that reactivating an account does not reactivate a current subscription.
12. Advertising
LT Services reserves the right to broadcast advertising or promotional messages on Mashallah.app.
13. Availability of Mashallah.app and the Services
LT Services makes its best efforts to make its Services available 24 hours a day, 7 days a week and undertakes to provide the various Mashallah.app Services (in particular the social network, discussion forum) in accordance with these Terms and Conditions of Use and Services. Given the particular nature of the Internet network, access to the Website may be interrupted or restricted at any time by a cause external to LT Services, which cannot be held liable in this respect. In addition, LT Services reserves the right to interrupt access to the Website and/or all or part of the Services for maintenance work and/or improvement of the Service. Insofar as LT Services is able to do so, Members will be given prior notice of any such service interruptions. In the event of an emergency, LT Services nevertheless reserves the right to suspend access to Mashallah.app and/or all or part of the Services, in whole or in part, for a reasonable period of time, in order to carry out any required technical operations. Such interruptions of Services shall not give rise to any compensation to the Member. LT Services reserves the right to modify any information on Mashallah.app for updating or maintenance purposes. LT Services is not responsible for the content of third-party sites to which hypertext links on Mashallah.app refer.
14. Cancellation of Subscription
ar LT Services In the event of non-compliance by the Member with any of the conditions of these General Terms and Conditions of Use and Services, and more generally in the event of: payment of the Premium Membership by means of a fraudulent payment instrument; opposition to the payment of the Premium Membership before the expiry of its term; actions in breach of these General Terms and Conditions of Use and Services. LT Services reserves the right to terminate access to its personal Profile and to all Services under the conditions of article 11, without this termination giving rise to the allocation of any indemnity or reimbursement, as the case may be. By the Member The Member may also delete his or her Personal Profile at any time or cancel his or her Subscription by going to his or her Personal Profile, “My Account”, “My Subscription” and clicking on the “Unsubscribe” tab. LT Services will then send an e-mail to the Member acknowledging his or her unsubscription and indicating the consequences and the effective date of the end of his or her Subscription. In any case, it is understood that any amount paid by the Member to LT Services is definitively acquired by the latter. In addition to the conditions set out in article 11, termination of the Personal Profile results in the immediate withdrawal of access to the paid Services included in the Premium Membership, to which the Member will no longer have access.
14.1 Paid services purchased via the Apple Store
If a Subscriber has purchased Paid Services using his or her Apple ID, automatic renewals and terminations are managed by Apple according to its own terms and conditions, over which Mashallah has no control. To request cancellation of a paid Service, the Subscriber must go to iTunes, click on his or her Apple ID and follow the instructions.”
15. Liability
15.1. Limitation of liability
Members are solely responsible for their use of the Services and the Content they publish on Mashallah.app and their Personal Profile. LT Services shall in no event be held liable in the event of proceedings brought against a Member who is the cause of non-compliant use of the Services. In this regard, the Member acknowledges and accepts that he/she will be personally responsible for any claims or proceedings brought against LT Services as a result of his/her non-compliant use of the Services and/or publication of Content. Mashallah.app may contain hypertext links to third-party websites. Particularly in view of the evanescent nature of the content that may be disseminated, LT Services may not be held liable in the event that the content of said third-party websites contravenes the legal and/or regulatory provisions in force. Finally, LT Services cannot be held responsible in the event of non-compliance with the legislation of a foreign country where the use of the Services and/or downloads would be carried out. In any event, LT Services shall not be liable : in the event of unavailability of the Services for reasons such as failure of the public electricity network, failure of the cable telecommunications networks, loss of connectivity to the Internet network due to public or private operators, in particular the Member, the causes of which stem in particular from strikes, storms, earthquakes or any other cause having the characteristics of force majeure ; in the event of use of the Services by a Member under conditions that do not comply with these General Terms and Conditions of Use and Services; within the limits of current legislation, for any indirect damage, including in particular loss of profit, data or any other loss of intangible assets, even if LT Services has been informed of the potential for such damage, which may occur. LT Services shall not be held responsible for any malfunction of any nature whatsoever relating to the Member’s computer equipment or Internet access connection.
15.2. Content posted on Mashallah.app by a Member
Members are solely responsible for their use of Mashallah.app and the Services and, more generally, for any operations carried out using their personal Profile. The Member is solely responsible for all data and information concerning him or her that he or she publishes on Mashallah.app as well as for any Content that he or she has provided, whether such data is accessible or transmitted to the public via the social network or discussion forum (such as by hypertext links) or whether it has been transmitted to a third party by e-mail or is accessible on his or her personal Profile on Mashallah.app. The Member acknowledges that LT Services, in its capacity as host of the Content published by Members, does not exercise a priori control over the Content and data transmitted to the public via the Services accessible on Mashallah.app such as the social network, the discussion forum or the blog and that it has no general obligation to monitor the Content of Members disseminated via Mashallah.app. LT Services only acts as a host for content accessible online, within the meaning of the provisions of Directive 2000/31/EC of June 8, 2000. LT Services can therefore only intervene with regard to Content disseminated within the framework of the Services in the event that an abuse is brought to its attention by a Member by sending an e-mail to the following address. Upon receipt of such notification, LT Services shall use its best efforts to ensure that the litigious Content complained of and disseminated by the Member via the Services is removed. Finally, the Member acknowledges and accepts that presenting Content disseminated by a Member as illicit with the sole aim of obtaining its removal or stopping its dissemination, when the Member is aware that this information is inaccurate, may result in criminal prosecution. LT Services shall not be held liable in the event of inaccuracy, illegality or inappropriateness of Content provided by a Member or in the event of damages resulting from the use of Content provided by a Member.
15.3. Third-party content accessible on Mashallah.app
The Member acknowledges that in its capacity as host, within the meaning of the provisions of Directive 2000/31/EC of June 8, 2000, of content, third-party offers and/or hypertext links to third-party websites, LT Services has no a priori control over such content and hypertext links accessible via the Services available on Mashallah.app and has no general obligation to monitor such elements. LT Services cannot therefore be held responsible for the performance and quality of the services offered by these third parties. Thus, when the Member clicks on such Content, third-party offers and/or hypertext links pointing to third-party websites, it is the Member’s responsibility to read the specific terms and conditions of each third-party offer, as well as the general terms and conditions of sale, use and privacy statements applied by these third parties and available on their websites. LT Services has no control over the content of these third-party websites and accepts no responsibility in this respect or for any loss or damage that may arise from their use. In the event that, in the Member’s opinion, a referenced third-party offer contains illicit or inappropriate content, the Member must notify LT Services by sending an e-mail to the following address [email protected] or by clicking on the “Report Abuse” tab provided for this purpose. Under no circumstances will this notification oblige LT Services to remove the link in question, nor will it constitute actual knowledge of the activities and/or content revealed by the party at the origin of the alert.
15.4. Force majeure
LT Services cannot be held liable if the performance of any of its obligations is prevented or delayed due to force majeure as defined by article 1218 of the French Civil Code.
15.5. Insurance
LT Services is insured for professional civil liability by AXA Assurance.
16. Claims – Technical assistance
For any information, queries or complaints of a technical nature or relating to the Services and/or Mashallah.app and/or a Subscription, the Member is invited to send a request to the following e-mail address: [email protected].
17. Intellectual property
17.1. Copyright Mashallah.app
LT Services is the owner or licensee of the intellectual property rights to both the general structure of Mashallah.app and its content (texts, slogans, graphics, images, videos, photos, programs and other content), to the exclusion of any Content published by the Member. Consequently, any representation, reproduction, modification, distortion and/or total or partial exploitation of Mashallah.app and/or its content and/or the Services, by any process whatsoever and on any medium whatsoever, without the express prior authorization of LT Services, is prohibited and constitutes copyright infringement. Similarly, any unauthorized use of Mashallah.app and/or its content and/or the Services shall render the Member criminally and civilly liable on the grounds of copyright infringement.
17.2. Distinctive features
The trademarks, logos, corporate names, acronyms, trade names, brand names and/or domain names of LT Services and/or its commercial partners mentioned on Mashallah.app, allowing access to the Services made available by LT Services, constitute distinctive signs that may not be used without the express prior authorization of their owner. Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes trademark infringement, usurpation of a company name, trade name and domain name, engaging the tort liability of its author.
17.3. Hyperlinks
LT Services cannot be held responsible for the hypertext links accessible on Mashallah.app, which allow access to the Services, to other websites and, in general, to all existing resources on the Internet. Under no circumstances may the Member set up hypertext links to deep Mashallah.app pages, allowing access to the Services, by any technical means intended to bypass the Member’s identification field or to draw in all or part of the content of the Services made available by LT Services. The “framing” technique is prohibited, except with the express prior authorization of LT Services.
17.4. Services
The Member acknowledges and accepts that access to the content of the Services made available by LT Services does not imply any transfer or concession of intellectual property rights (in particular copyright) and other personal rights (right of personal portrayal, right to privacy) to the Member. Access to the Services is exclusively limited to the private and personal use of the Member under the conditions and within the limits defined in the present General Terms of Use and Services.
18. Protection of Personal Data
Notwithstanding the provisions of this article 18, LT Services undertakes to respect the confidentiality of the Personal Data communicated by the Member on Mashallah.app when creating his or her Personal Profile and to process it in compliance with the provisions applicable to the processing of personal data. However, the Member acknowledges that by providing Personal Information on Mashallah.app via the Services, he/she agrees that such Personal Information may be disseminated and made accessible to other Members and third parties, in accordance with the settings determined by the Member in his/her Personal Profile and with the purpose of the various Services (social network, discussion forum) and, more generally, of Mashallah.app. LT Services has entrusted the hosting of Mashallah.app to OVH SAS, whose contact details are available by clicking here, and whose hosting servers are located in France. Consequently, the Member accepts and agrees that his/her Personal Data may be transmitted to OVH SAS for the sole purpose of hosting Mashallah.app. For more information on the policy applied by LT Services to the collection and processing of Personal Data of Mashallah.app Members, the Member is invited to consult the Privacy Policy by clicking here.
19. Cookies
LT Services uses cookies on its Website. Cookies are information relating to the browsing of a Member’s computer, making it possible to determine the pages consulted and the date and time of consultation. At no time do these cookies allow LT Services to identify the Member personally. These cookies are stored on the Member’s computer for no longer than thirteen (13) months. Members are informed, however, that they may refuse to accept cookies, in particular by configuring their Internet browser to do so.
20. Miscellaneous
20.1. Correspondence – Proof
Unless otherwise specified in these General Terms and Conditions of Use and Services, all correspondence between LT Services and the Member is exclusively by e-mail. The Member acknowledges and accepts that the information provided by LT Services by e-mail and/or on Mashallah.app is binding between the Member and LT Services. Elements such as the time of reception or transmission, as well as the quality of the data received, shall be deemed authentic by priority as they appear on Mashallah.app, or as authenticated by LT Services’ computerized procedures, unless the Member provides written proof to the contrary. The scope of proof for information provided on Mashallah.app is that of an original in the sense of a written paper document, signed by hand.
20.2. Complete
These General Terms and Conditions of Use and Services express the entirety of the obligations of LT Services and the Member.
20.3. No waiver
The fact that one of the parties does not invoke a breach by the other party of any of its obligations hereunder shall not be construed as a waiver of such obligation for the future.
20.4. Partial invalidity
In the event that one or more stipulations of these General Terms and Conditions of Use and Services should be considered null and void, deemed unwritten or declared as such in application of a law, regulation or following a decision of a competent court having final authority, the other stipulations shall retain all their force and scope and remain fully applicable, unless the invalid stipulation(s) were of a substantial nature and their disappearance would call into question the contractual balance.
21. Applicable law – Settlement of disputes
These General Terms and Conditions of Service and Use shall be governed by and construed in accordance with the laws of France. In the event of a dispute arising in connection with these General Terms and Conditions of Service and Use, their interpretation and consequences, or with the acts supplementing or modifying them, the Member shall contact LT Services in order to attempt to reach an amicable solution. All complaints to LT Services must be made in writing. Failing amicable settlement, the Member may choose: To have recourse to an amicable mediation solution within a maximum period of one (1) year from the date of the Member’s written complaint to LT Services, (i) a mediator of its choice, (ii) or by resorting to the online dispute resolution system accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage , it being specified that the proposed mediation process shall not be a prerequisite for the Member to bring the matter before the competent courts. Bring the claim before the competent French courts.