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.
The Application 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.
The Website is currently available in the following languages: English, French, Spanish, Portuguese, Polish and Japanese.
The web host of KarmaWeather.com 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. Any User of the Application can change at any moment the name, last name or birth date they entered in their profile.
4. Protection of personal data concerning the Application and the Website – Cookie policy
Collection of personal information
The Application does not collect any personal data from its users.
Any relevant personal data added by the User to use the Application, wether real or fictitious (first names and / or names, dates of birth), are exclusively stored locally on the User’s iPhone. Within KarmaWeather Application, the data processing consists only in crossing two dates of birth between them, in order to interpret their astrological compatibility numerologically. The alias, first name or last name associated with each date of birth has only an indicative role. Since KONBI does not have access to any personal data that may have been entered or displayed by the User during their use of KarmaWeather Application, to permanently delete this data, the User simply has to delete it from their version of the application by modifying the existing Personal and / or Friends Profiles inside their version of the App, or else delete the App from their device.
The Website does not collect any personal data from its readers.
Collection of personal information from users of professional services and the official online store
Professional Directory Service: As a specific service dedicated to professionals of divinatory arts and astrology, the Website can ask (via the PayWhirl online service) those who wish to subscribe to KarmaWeather’s Astrologers Directory to provide their first name, name, email address, address, phone number and other information needed for the publication of their profile, such as their professional name or alias, a short bio and their website Url. All information related to the service and its pricing is detailed here: https://www.karmaweather.com/directory/astrologer-subscription. At all times, subscribers have full access to their personal data via their access to their Customer Portal (https://www.karmaweather.com/directory/astrologer-customer-portal) which, from subscription to service modification and deletion of data, is secured and managed by a third-party service: paywhirl.com. With its own PayWhirl account, KONBI has all the administration tools necessary for any data transmission, modification or deletion that any of subscriber of the Astrologers Directory Service would ask KONBI to carry out directly. 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.
As an aside, please note that KONBI declines all responsibility in the relationship between astrologers and divinologists listed in KarmaWeather’s directory of professionals of astrology and their clients.
KarmaWeather Shop: The official KarmaWeather Shop is available here: https://shop.karmaweather.com/store). You can read the Online Shop’s Terms & Conditions here: https://shop.karmaweather.com/terms.
Transmission and sharing of personal information
The 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 concerned area on the keypad of their 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 via the following url: https://www.apple.com/fr/privacy/contact/
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.
To learn more about the privacy policy and the management of Google Analytics cookies, use this link: https://tools.google.com/dlpage/gaoptout/. To oppose the Google Analytics cookies, go to this page: https://support.google.com/analytics/answer/181881?hl=en or use the Google Analytics Opt Out solution developed by Google: https://tools.google.com/dlpage/gaoptout/
Google Advertising cookies for Karmaweather.com
Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to Karmaweather.com or other websites. Google’s use of advertising cookies enables it and its partners to serve ads to Karmaweather.com’s users based on their visit to Karmaweather.com and / or other sites on the Internet. Users may opt out of personalized advertising by visiting this Google page: https://www.google.com/settings/ads. Also read how Google uses information from sites that use their services here: https://policies.google.com/technologies/partner-sites
Cookie banner – compliance with the European Union’s user consent policy
Karmaweather.com by KONBI, in application of the regulation of the European Union, displays on each page of karmaweather.com a Cookie banner. Our cookie policy corresponds to the article 4 (Protection of personal data concerning KarmaWeather Application and the website karmaweather.com) of our Terms of Use.
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.
How to refuse Cookies?
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
If you wish to modify your current cookie settings, please click on the “Privacy and cookie settings” link which is in the footer of all pages of karmaweather.com.
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.
However, according to the terms of use of iTunes SARL, the user has the option to waive the In-App Purchase against refund of the purchase price until after the delivery of Digital Content has not begun. Delivery begins at the moment when the user starts to download the Digital Content, the transaction is then final and expressly accepting user to lose, hence 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
The content of the license is governed by the provisions of the “iTunes Store General Conditions” iTunes SARL including “Terms of Use” available at the following link: https://www.apple.com/legal/internet-services/itunes/fr/terms.html#SERVICE, as well as those relating to third party products in the “Terms of Mac App Store, the App Store and iBookStore” and including “end user license agreement related to the licensed application accessible here: https://www.apple.com/legal/internet-services/itunes/fr/terms.html
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 Website, the Application and the KarmaWeather® brand
The general structure, presentation and layout of the Website and all other components (such as name, trademark / registered trademark, domain names, logos, texts, graphics, illustrations, photographs, designs, visual interfaces, videos, music, databases and computer code developments) as well as the general structure, presentation and layout of the Application and all other elements (such as name, trademark / registered trademark, domain names, logos, texts, graphics, illustrations, photographs, designs, videos, music, databases and computer code developments) are the exclusive property of KONBI or have been the subject of prior authorization in favor of KONBI.
Charles Lacorne is the original author of the graphics, illustrations, photographs, designs, videos and music for the Website, the Application and the tools for promoting the Website and the Application, on social networks and any other type of relay. advertising. Just as his creations may include his signature “CAL” and / or the words “by Konbi” and / or the KarmaWeather logo, Charles Lacorne authorizes KONBI to exploit them and protect their use on his behalf.
Any reproduction and representation, total or partial, of the elements and / or components of the Website, as well as any reproduction and representation, total or partial, of the elements and / or components of the Application by any means whatsoever and without authorization express KONBI are therefore prohibited and would constitute an infringement punishable by articles L. 335-2 and following of the Code of intellectual property.
Online protection of copyright: Permission Machine (permissionmachine.com) is mandated by KONBI and Charles Lacorne to monitor the existence and implement the regulations, on the Internet and on social networks, of possible counterfeits and violations of the intellectual property of the graphics, illustrations, photographs and designs created by Charles Lacorne for all publications and products derived from KarmaWeather.
External creative contribution: any other author of a photo, image, video or text on the Website is clearly identified, cited and credited in direct association with his work (in the header or at the end of the article for a text and for a photo or video caption juxtaposed with the appropriate license). Authors on the Website whose presence has not been the subject of a contract or prior agreement (Email, mail) with KONBI always have the possibility of requesting the modification or deletion of their work via this Email : team (@) karmaweather.com.
Brand: KarmaWeather® is a registered trademark of KONBI. It is not possible to use or distribute in any way the logo and / or the name “KarmaWeather”.
11. Modification of these Terms of Use
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.