The purpose of these general terms is to specify the conditions under which the company Marmignon Brothers grants the Client a right to use the e-dutainment.com service. These general terms prevail over any other conditions, except those expressly accepted by the company. Any act of purchase or use automatically implies acceptance of these terms.
1Purpose
The purpose of these general terms is to specify the conditions under which the company Marmignon Brothers grants the Client a right to use the e-dutainment.com service. These general terms prevail over any other conditions, except those expressly accepted by the company. Any act of purchase or use automatically implies acceptance of these terms.
2Definitions
For the purposes of these general terms, the following definitions apply: the Company means the provider, the company Marmignon Brothers. The Client means the legal entity or individual who acquires the right of use in the name of their company. The User means the individual specifically designated as a user of the service. The Product means all the content made available to the Client and usable with named user licences. The Licence means the right of use acquired by the Client, for a set duration and number of users. This information is specified in the proposal.
3Rights of use of the licences
The Client or User may use the Product only for their own needs and within the number specified in the proposal. The Client or User may not grant the right of use to third parties, even free of charge. Some information and data available on the site are produced by third parties: the Company undertakes to make its best efforts to ensure that they are reliable, relevant, accurate and comprehensive, but cannot be held liable for errors, for any unavailability of information and/or for the presence of viruses on its site.
4Access timeframe
Delivery takes place either on the day Customer Support sends the Client, by email, the user accounts that have been created, or on the day Customer Support sends the Client, by email, the information needed to create the user accounts. The Product is accessible as soon as delivery has taken place. The activation date of a licence starts on the delivery date. The documentation relating to the use of the Product is delivered on the day of delivery by email.
5Support
Customer Support answers the User’s or Client’s technical or teaching questions. Customer Support can be contacted by email: contact@marmignonbrothers.com or through the “Contact support” page accessible from the e-dutainment.com site. The time taken to handle a request will vary depending on the seriousness of the problem the Client has encountered.
6Personal data
In accordance with the French Data Protection Act (loi Informatique et Libertés) No. 78-17 of 6 January, as amended by the Act of 6 August 2004, the Client has a right of access, rectification and removal of the personal information concerning them. This information is collected by the Company for commercial purposes and will not be passed on to third parties. The Client may exercise this right at the following address: Marmignon Brothers, 5 rue du Pont des Moines, 59145 Berlaimont, France. The Company may mention the Client’s name in its commercial references, and use the Client’s commercial logo, whether on its website or on any other medium, without time limit, unless the Client notifies otherwise in writing by registered letter with acknowledgement of receipt.
7Intellectual property
The Client acknowledges that the content of the Product is protected by intellectual property rights and that it may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed, sold, exploited or modified in any way without the express authorisation of the Company. All elements of this site are the property of the site’s publishers, excluding elements originating from partners. The Company and its suppliers remain the owners of all intellectual property rights. This includes, without limitation, certain programs, data and all content protected by the regulations on intellectual property and copyright (including patent and trademark law) and the international legal provisions in force relating to intellectual property. The Client agrees to notify the Company as soon as possible if they become aware of any failure to respect these intellectual property rights, and undertakes to help the Company remedy it to the extent of their abilities.
8Right of withdrawal
In accordance with Article L.121-20 of the French Consumer Code, the Client has a right of withdrawal within seven (7) days following the date of delivery. Upon receipt of the withdrawal letter, sent by registered letter with acknowledgement of receipt, the Company will refund the sums paid by the Client within thirty (30) days. A Client or User who uses the Product before the end of the seven (7) clear-day period loses the ability to exercise their right of withdrawal.
9Liability
The Company gives no warranty regarding the performance or results the Client might obtain by using the Product. The Client assumes all responsibility for the suitability of the Product for their needs, the use of the Product, the language level within their institution and the choice of equipment suited to their needs. The Company has only an obligation of means, not of results. The Company will implement the means required to safeguard the data it collects in the course of performing its obligations. The Company also undertakes to implement all the means necessary to ensure the operation of the Service. However, the Company cannot be held responsible for the consequences of events beyond its control, such as power cuts, internet outages or network blockages. Accordingly, the Company cannot be liable to a user or any other party for direct or indirect, special, particular or incidental damages arising from the use of this site or of any other site linked by hyperlink.
10Maintenance
The Client acknowledges and accepts that the content of the Service may contain technical inaccuracies or errors and that the Company may make improvements or changes to it. For maintenance reasons, the Company may temporarily interrupt access to the Service.
11Force majeure
The Company’s liability cannot be engaged if the non-performance of, or delay in performing, any of its obligations described in these general terms results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code.
12Competent court
Any dispute relating to the interpretation and performance of these general terms is governed by French law. Failing an amicable settlement, the dispute will be brought before the Commercial Court of Valenciennes (Tribunal de commerce de Valenciennes).
13Hyperlinks
The Company authorises any website or other medium to quote the site or to set up a hyperlink pointing to the address of the Service.
14Service
The display quality of films and TV series streamed can vary from one computer or device to another, and can be affected by various factors, including your location, the available bandwidth and the speed of your Internet connection. To obtain SD quality, your system must have a connection speed of at least 0.5 Mbps. However, we recommend a faster connection to improve video quality. The availability of HD and Ultra HD depends on your Internet connection and the device’s capabilities. Not all content is available in HD or Ultra HD. A download speed of at least 5 Mbps per stream is recommended to watch HD content (720p or higher). A download speed of at least 25 Mbps per stream is recommended to watch Ultra HD content (above 1080p). Internet connection costs are your responsibility. The time that passes before you can watch a film or TV series varies depending on several factors, including your location, the bandwidth available when you watch the chosen title and the configuration of your device compatible with the Service. The streaming software is designed by or for the Service and allows content to be streamed on compatible devices. This software may vary depending on the device and medium used; features may also vary depending on the device. You agree to automatically receive updated versions of the software or of the third-party software associated with the service.
Privacy Policy
This privacy policy applies to the e-dutainment.com site and to the e-dutainment app (iOS and Android). It describes the data we collect, why we collect it, and the rights you have over that data.
1Data we collect
To provide the service, we collect: your account information (name, email address) when you sign up; your learning usage data (content viewed, exercises completed, scores, progress through your path) in order to personalise your learning and let you track your progress; app usage statistics (pages viewed, frequency of use, device type) for analysis and service improvement purposes.
2What we do not do
We do not share, sell or rent your personal data to third parties for commercial or advertising purposes. Your data is used only to provide you with the e-dutainment service and to ensure it runs properly.
3Where your data is stored
Your data is hosted on the infrastructure of our technical provider, OVH SAS (see our legal notice), located in France.
4Your rights
In accordance with the General Data Protection Regulation (GDPR) and the French Data Protection Act, you have a right of access, rectification, objection and deletion regarding your data. You can exercise these rights at any time by contacting us at contact@marmignonbrothers.com or by post to Marmignon Brothers, 5 rue du Pont des Moines, 59145 Berlaimont, France.
5Data retention
Your data is kept for as long as your account is in use, then deleted or archived within a reasonable time after it is closed, unless the law requires longer retention.
6Security
We implement reasonable technical and organisational measures to protect your data against unauthorised access, loss or disclosure.