The following terms and conditions govern the sale, purchase, and use of online services and materials provided by Why Note, LLC, with € 8,000.00 in capital, headquartered at 35 rue Wauthier, 78100, St Germain-en-Laye, France, registered in Versailles under number B 443 900 139,
and used by any natural person or corporation who wishes to access and/or subscribe to the website "iplaythepiano.com", hereafter the "user" or the "subscriber".
Contract
The present terms and conditions of use define the contractual relationship between Why Note and the user and the applicable conditions for any subscription to the website "iplaythepiano.com," whether the subscriber be a professional or consumer.
The use of materials or services and their eventual acquisition via the above-mentioned website implies full acceptance by the user of the present terms and conditions. These terms and conditions apply to all other general or specific conditions not explicitly stated by WHY NOTE. WHY NOTE reserves the right to change these terms and conditions at any time. In that event, the applicable conditions are those in force at the time the user makes his/her purchase.
Characteristics of the materials and services provided
The materials and services available are those on the website "iplaythepiano.com".
The site includes a free area and a restricted area, accessible at a fee.
Free area
• Presentation of the lessons
• Presentation of the teachers
• The Piano Mag
Restricted area
• A paid subscription provides access to all the lessons available on the website "iplaythepiano.com".
Subscription procedure
The user must create an account by clicking on "subscribe". The user is then asked to fill in a registration form and to provide, among other things, his/her name, email address, and to choose a username and password in order to access the area reserved for subscribers. The username and password are strictly personal and non-transferable.
The order is confirmed once the present terms and conditions are accepted and the user confirms full knowledge of said terms and conditions and waives the right to determine his/her own terms and conditions or other conditions.
All the information provided and the order confirmation will serve as proof of the transaction. Confirmation constitutes the user’s signature and recognition of acceptance of the transactions undertaken.
WHY NOTE will send an email confirming the purchase.
Access will be activated by a webmaster once payment has been received, which will be confirmed via an email sent to the email address provided by the subscriber in the subscription form.
An invoice will be drawn up in the subscriber’s name and made available online upon notification by email, sent to the email address provided by the subscriber in the subscription form.
Fee schedule for the restricted area
Access to the restricted area is granted upon subscription by periodic payments.
Two types of subscriptions are available: a monthly subscription for € 19 /month and an annual subscription for € 190/year.
The prices in euros on the website include all taxes and fees, including VAT applicable on the day of purchase; any changes in the VAT rate may be reflected in the price of the materials and services.
WHY NOTE reserves the right to change its prices at any time, with the price posted the day of the order being the sole price applicable to the subscriber.
Payment options
Payment is due when the order is made.
Payment can be made by credit card: Visa, Debit, and MasterCard. Payments are made on the secure payment platform INGENICO/WORLDLINE, which uses SSL (Secure Socket Layer) and encrypts the information transmitted such that no third party can access the information as it is being transmitted on the network.
The subscriber’s credit card will be charged immediately when the transaction is registered.
Upon subscriber request, via an email to the webmaster at the email address "contact@iplaythepiano.com," a printed invoice will be sent with a breakdown of the price, including the VAT.
Subscription renewal
Only monthly subscriptions are automatically renewed at the end of each subscription period. The monthly payments will be charged to the subscriber’s credit card.
Subscription termination
The subscriber can cancel his or her subscription at any time, simply by emailing "contact@iplaythepiano.com," which will lead to an immediate termination of charges on the credit card. Any subscription period already begun will not be reimbursed.
Lack of cooling-off period
Pursuant to the clauses of Article L121-20-2 1 in the French Consumer Code (Code de la Consommation), the subscriber recognizes and explicitly agrees to waive his/her right to a cooling-off period, the service provision beginning immediately upon subscription validation, before the end of the 7 clear day period defined in the above-mentioned Code. Thus, no cancellation, revocation, or reimbursement requests will be honored for the paid subscription period.
Guarantee
WHY NOTE guarantees to protect the subscriber against any counterfeit of the services of "iplaythepiano.com" and of the elements found on the website "iplaythepiano.com".
Thus, WHY NOTE will pay all damages awarded to the subscriber by a final court decision based solely on proof of counterfeit for which WHY NOTE, LLC would be solely responsible.
This condition is subject to the following explicit conditions:
- that the subscriber notifies, in a timely, written fashion, the counterfeit or a declaration of intent to counterfeit;
- that the counterfeit involves one of the lessons or pieces made available online by WHY NOTE for subscribers;
- that WHY NOTE be able to defend its own interests and that of the subscriber, and in order to do so, that the subscriber cooperate fully for the aforementioned defense by providing all elements, information, and assistance necessary to carry out said defense.
In the event of a user being banned from using the site as a consequence of counterfeit or of a transaction carried out with the counterfeiter and accepted by WHY NOTE, WHY NOTE may, if it so chooses and at its expense, either:
- obtain the right for the user to continue using the site;
- replace the counterfeit item by an equivalent item which is not counterfeit;
- change the lessons available to circumvent the aforementioned counterfeit.
The preceding clauses delimit WHY NOTE’s responsibilities in the case of counterfeit.
Liability
The seller, in the online sales process, is only bound by an obligation of means; WHY NOTE cannot be held liable in the event of damages resulting from the use of Internet networks, such as data loss, intrusion, viruses, service disruption, or other involuntary problems.
Intellectual property
All the elements of the "iplaythepiano.com" website are and remain exclusively the intellectual property of WHY NOTE or the authors to whom it ceded the rights.
The reproduction, exploitation, rebroadcast, or use in any way, even partially, of the elements of the website, whether they be software, visual, or auditory elements, is strictly prohibited.
Any simple or hypertext link is strictly forbidden without WHY NOTE’s written consent.
Personal data
Pursuant to the French law on Information Technologies, Files, and Freedoms of 6 January 1978, users’ personal information may be processed automatically.
WHY NOTE reserves the right to gather information on its users, including by using cookies, and if it wishes, may transmit this information to commercial partners.
Users may decline to have their information shared by notifying WHY NOTE.
In addition, users have the right to access and correct their data, pursuant to the law of 6 January 1978.
Automatic data processing, including user email address management, is part of a declaration made to the CNIL on 29 December 2010, under number 1475028.
We do not have access to the credit card data of our clients.
Archiving - Proof
WHY NOTE will archive all the subscription forms, orders, and invoices via reliable and durable hardware, which shall constitute an exact copy of said documents according to the clauses of article 1348 of the French Civil Code. WHY NOTE’s online registry shall be seen by all parties as proof of communications, orders, payments, and transactions between the parties.
Dispute resolution
The present terms and conditions of use are governed by French law.
In the event of a dispute, the matter shall be referred to the competent Parisian courts, notwithstanding multiple defendants or introduction of third parties.