General Conditions of KONBI SAS for KarmaWeather®, the iOS Application KarmaWeather and the website www.karmaweather.com
The following terms and conditions (hereinafter referred to as the “General Conditions”) apply to all content and services KONBI (SAS registered with the RCS Paris No. 795 126 986, headquartered 21 place de la République – 75003 Paris, contact (@) konbi.fr, hereinafter referred to as “KONBI”) provides its users in connection with the KarmaWeather application (hereinafter referred to as the “Application”) and the website www.karmaweather.com (hereinafter referred to as the “Website”).
1.1. About the Application
KarmaWeather is an entertainment iPhone application to consult one’s own karma (destiny) or to compare it with relatives or celebrities from real or fictitious birth dates of the user with the birth date of a friend of his choice, with no guarantee on a result or the accuracy of the data. KarmaWeather is produced and published by Konbi SAS.
KarmaWeather is available for download on the iTunes Store (App Store) from 05/21/2015. The application is only available for Apple products usable with a current operating system iOS and distributed through the platform “App Store” iTunes SARL. The installation and use of the Application, purchase and download digital content require a valid Apple account and an existing Internet connection, for the use of which separate costs may be charged by the operator telecommunication user.
The application is free and additional features (hereinafter referred to as the “Digital Content”) are optional at the unit price indicated on the App Store.
KarmaWeather is currently available in the following languages: English, French, Japanese, Portuguese, Simplified Chinese, Spanish, Turkish.
1.2. About the Website
KarmaWeather.com is produced and published by Konbi SAS.
KarmaWeather.com is currently available in the following languages: English, French, Spanish, Portuguese, Polish and Japanese.
Karmaweather.com’s web host is ovh.com
2. Scope of the Application
The contractual relationship between the user and the operator of the platform on which the application is distributed, is exclusively governed by the contract between the user and iTunes SARL on the terms specified at the following link: http://www.apple.com/legal/internet-services/itunes/fr/terms.html
All KONBI content and services are available in France and are only available to users who have reached the age of 13 years. Minors must obtain permission from their parents before using the application.
KONBI can continue to develop the application at any time to supplement, modify or delete remote functions, especially publish updates. To ensure a complete and stable operation of the application, the user is required to install the latest current version of the Application. KONBI is not required to maintain support for older versions and / or ensure their compatibility with the latest versions. The user is forbidden any modification, addition and / or similar action jeopardizing and / or jeopardizing the proper functioning of the Application.
3. User Account of the Application
No login and password are required for full use of KarmaWeather Application and no username and password are required of the user. KarmaWeather Application does not require the user to indicate his real name and his real date of birth to full use of the application; as to the name, the field is optional. The user of KarmaWeather Application can change at any moment the name, last name or birth date he entered in their profile.
Collection of personal information
KONBI does not collect any personal information, and all relevant personal information of the user to use KarmaWeather Application, real or fictitious, (first name, names and dates of birth, user profile photos and friends) are stored locally on his / her iPhone.
Karmaweather.com by KONBi offers people who wish to subscribe to KarmaWeather’s Newsletter to provide their email address. Also, when someone is using Karmaweather.com’s online shop, we receive his / her Email and address in order to send the user the purchased service, or keep him / her informed about the transaction. The type of services we provide with Karmaweather.com’s online shop being related to personal horoscopes services, we can also ask the user before his purchase of a service to provide us with the following (or similar) informations: his / her sex, his / her date of birth, the city of his / her birth, the period of birth of his / her baby. Pursuant to the provisions of French Law No. 78-17 of 6 January 1978 “Informatique et Libertés” (Data Protection), an individual has the right to access, modify, rectify and delete data concerning them. The exercise of these rights is carried out at any time by mail to KONBI to the address indicated in Article 12.
Transmission and sharing of personal information
KarmaWeather Application gives its users the ability to share the results (percentage) of their Karma and / or their compatibility (with their friends or celebrities) with the people of their choice, via social networks (Facebook, Twitter …) or conventional methods (Email, SMS). A textual suggestion including first and last name (when the latter is filled) of the user and / or a friend or celebrity of their choice, is proposed before transmission / sharing. This suggestion can be easily removed or changed by the user touching the area to activate the keypad of the iPhone. The user is informed that iTunes SARL may seek consent for treatment and use of personal data on the terms specified at the following link: https://www.apple.com/fr/privacy/
Pursuant to the provisions of French Law No. 78-17 of 6 January 1978 “Informatique et Libertés” (Data Protection), an individual has the right to access, modify, rectify and delete data concerning them. The exercise of these rights is carried out at any time by mail to KONBI to the address indicated in Article 12 or the following url: https://www.apple.com/fr/privacy/contact/
The website Karmaweather.com by KONBi asks users who wish to subscribe to KarmaWeather’s Newsletter to provide their email address. KONBI undertakes to strictly limit the use and exploitation of the e-mail addresses of those who have subscribed to the Newsletter to the astrological information of KarmaWeather by Konbi for which they have registered. Also, none of the personal information we receive when someone is using Karmaweather.com’s online shop will be used that doesn’t correspond to the service provided by Karmaweather for the user. If the user’s transaction has not been finalized, Karmaweather.com may send him / her a reminder by Email (if the Email was completed during the unfinished purchase process) to suggest him / her to complete his / her purchase. Pursuant to the provisions of French Law No. 78-17 of 6 January 1978 “Informatique et Libertés” (Data Protection), an individual has the right to access, modify, rectify and delete data concerning them. The exercise of these rights is carried out at any time by mail to KONBI to the address indicated in Article 12.
What are cookies used for on Karmaweather.com?
Cookies allow us to customize content and ads, provide social media functionality, and analyze our traffic. We also share information about the use of our site with our social media, advertising and analytics partners, who may combine these with other information you have provided or collected from your use of their services.
If you want further information about cookies, please visit www.aboutcookies.org or www.allaboutcookies.org
Cookies audience measurement and statistics issued by Google Analytics for karmaweather.com
The audience measurement cookies and statistics issued by Google Analytics allow us to compile statistics and traffic volumes (counting the number of Internet browsing on the site) and use the various components of this website (sections and contents visited, routes). These cookies are essential because they allow us to improve the value and usability of our services or even detect navigational problems.
Google Advertising cookies for Karmaweather.com
Cookies for audience measurement and statistics issued by Squarespace.com (web hosting of karmaweather.com’s online shop)
Audience and statistics cookies from Squarespace (Analytics Cookies) allow us to establish statistics and volumes of visitors (counting the number of users browsing our site) and to use the various elements that make up our site (Sections and contents visited, user path). These cookies are essential because they allow us to improve the interest and the ergonomics of our services or even to detect problems of navigation. Squarespace cookies also allow us to monitor the activity and to allow the smooth operation of the online shop of Karmaweather.com.
Cookie banner – compliance with the European Union’s user consent policy
Other Third-Party Cookies
Certain features of this site (sharing of content on social networks, direct video features) are based or can rely on services offered by third party sites. These features deposit cookies allowing these sites to trace your navigation.
You can accept or refuse the deposit of cookies from Karmawether.com or any other website at any time by changing the preferences of your web browser. To do this, you can use the instructions present on the following Google help page by going to this url: https://support.google.com/accounts/answer/61416?hl=en
5. Internal App Purchase (IAP) inside the Application
KarmaWeather is a downloadable application for iPhone and iPad available freely from the iTunes Store, which also gives the opportunity to make app purchases (IAP).
All purchases are processed on the Apple user account by iTunes SARL. The user must first provide a username and password to authenticate his Apple account. After selecting the desired Application in Digital Content and after clicking the button with the corresponding price including applicable VAT will be asked in a separate window, confirm the purchase by clicking the “Buy” button . At this point, the user can still correct his choice by clicking on the “Cancel” button. By clicking on the “Buy” button, the user validates his order and agrees to pay it. The specified payment method on the user’s Apple account will be debited. The price is payable immediately.
Purchased Digital Content is made available to the user for download in the Application. The download is triggered by the pre-existing Internet connection by deliberately touching the touch screen.
For more information about Internal App Purchases (IAP), you can access the general terms of the iTunes Store here: http://www.apple.com/legal/internet-services/itunes/fr/terms.html
6. Withdrawal / refund of the purchase price concerning the Application
Pursuant to Article L-121-21-8,13° of the French Consumer Code, the legal right of withdrawal may be exercised for supply contracts for digital content not supplied on a tangible medium whose execution began after prior express consent of the consumer and expressly waiving his right of withdrawal.
The refund of the purchase price is possible within 14 days of the purchase of the In-App Purchase after completion of the form on http://www.apple.com/legal/internet-services/itunes/fr/terms.html
7. TPMs of the Application
The Digital Content is equipped with a Digital Rights Management System (safety device) to prevent unauthorized use.
8. Rights of use of the Application and Digital Content acquired through the Application**
KONBI grants the user a non-exclusive, non-transferable personal right to download, access and use of the application and access to the Digital Content purchased through the Application for private and non-commercial ends only
9. Guarantee / Liability concerning the Application
KONBI offers as much as possible – to the extent that is technically and operationally due – a flawless features Application.
KONBI can not be held responsible for technical issues beyond its service such as maintenance or network problems due to ISP and that may cause a momentary interruption of the network.
Any updates of the user’s terminal (operating system, other applications or software) is likely to make it impossible to access Digital Content or cause malfunctions in the access to them. KONBI disclaims all liability in this regard.
10. Intellectual property of the Application, the Website and KarmaWeather®
The general structure, presentation and layout of the Application and all the other components (such as including name, brand/trademark, domain name, logo, text, graphics, designs, visual interfaces, music, databases, and computer code developments) as well as the general structure, presentation and layout of karmaweather.com and all the other components (such as including name, brand / trademark, domain name, logo, text, graphics, designs, visual interfaces, music, databases, and computer code developments) are the exclusive property of KONBI or have been the subject of prior authorization for the benefit of KONBI.
Any reproduction and representation, total or partial, of the Application’s elements and/or components, as well as any reproduction and representation, total or partial, of elements and / or components of karmaweather.com by any means whatsoever and without the express permission of KONBI are therefore prohibited and constitute an infringement punishable by articles L. 335- 2 and following of the French Code of intellectual Property.
KarmaWeather® is a registered trademark of Konbi. It is not possible to use or distribute in any way whatsoever, the logo and or the name “KarmaWeather”.
KONBI reserves the right to modify these Terms at any time without having to give a reason. However, such changes will not apply to previously purchased Digital Content. The amended Terms will be sent to the user at the latest one month before their entry into force. If the user does not challenge the validity of the new terms and conditions within three weeks of receipt of the notification, the amended terms shall be deemed accepted. KONBI draw the user’s attention on the consequences of not contesting the change notification.
12. Legal contact
Charles Lacorne CEO – Konbi SAS – 21, place de la République 75003 Paris – FRANCE Email: legal (@) konbi.fr
13. Final provisions
The legal relationship between KONBI and user are subject exclusively to French law. If any provision of these Terms is invalid, this does not affect the rest of the contract.