Legal information and purpose of these General Terms and Conditions of Use

The purpose of these General Terms and Conditions of Use of e-Namae OÜ (hereinafter referred to as "the Terms") - whose full contact details are available in the Terms section, accessible from the footer of the site - is to define the terms and conditions of use of the Dreemio.com site (hereinafter referred to as "the Site"), managed and operated by Dreemio.

The terms and conditions governing the sale of products via the Website are set out in Dreemio's General Terms and Conditions of Sale, which can be accessed from the footer of the Website.

The conditions of use of the paid services offered on the Site are detailed in Dreemio's General Terms and Conditions of Service, which can be accessed from the footer of the site.

To contact Dreemio customer service, send an email to contact@Dreemio.com.

The site is hosted by WP Engine Inc, located at 504 Lavaca, Suite 1000, Austin, TX 78701, United States.

Dreemio reserves the right to modify these GTC at any time.

Definitions

For the purposes of these Terms and Conditions of Use, capitalised terms, whether singular or plural, are defined as follows:

  • Terms and conditions of use refers to these General Terms and Conditions of Use.
  • Privacy Policy Privacy Policy: refers to Dreemio's privacy and personal data protection policy, which can be accessed from the footer of the site and forms an integral part of these General Terms and Conditions of Use.
  • Personal data Personal data: refers to the personal data of users collected and processed by Dreemio in the course of using the Site, including, where applicable, the creation and management of their account and the provision of services, in accordance with the conditions set out in the Privacy Policy.
  • Internet user Customers: refers to all visitors to the Site, whether or not they are customers (within the meaning of the General Terms and Conditions of Sale accessible from the footer of the Site) and/or subscribers (within the meaning of the General Terms and Conditions of Service accessible from the footer of the Site).
  • Products refers to products marketed by Dreemio via the Site.
  • Services Services: refers to the functionalities and services described in Article IV, made available to Internet users and accessible from the Site. Some of these services require the creation of an account and acceptance of the General Terms and Conditions of Service accessible from the footer of the Site.
  • Website Dreemio: refers to the website published by e-Namae OÜ, which can be accessed via the URL address Dreemio.com.
  • Dreemio e-Namae OÜ: refers to the company e-Namae OÜ, whose registered office is located at Lõõtsa tn 5, 11415 Tallinn, Estonia, registered under number EE102333112.

Scope, Acceptance and Modification of the Terms of Use

These Terms of Use set out the terms and conditions under which users may access the Site and use the Services offered.

By accessing the Site or using all or part of the Services, the user fully and unreservedly accepts these Terms of Use.

These Terms of Use may be modified at any time. The applicable conditions are those in force and available on the Site on the date of access by the user.

Description of Services

The Site offers users the possibility of accessing paid services, which are described in detail in the General Terms and Conditions of Service, available at the bottom of the site page. To benefit from these services, users must create an account and accept the Terms and Conditions of Service.

All the services offered by Dreemio and available to users are described on the Site.

In addition, the Site allows customers to purchase products in accordance with the terms and conditions set out in the General Terms and Conditions of Sale, which are also available at the foot of the site.

Availability and Access to Services

Dreemio endeavours to make its services available 24 hours a day, 7 days a week, despite maintenance operations required for the services and/or the site.

However, Dreemio reserves the right to interrupt access to all or part of the services for maintenance work or improvements. Whenever possible, Dreemio will notify users of such interruptions in advance, including by means of an alert message on the site. In the event of an emergency, Dreemio reserves the right to suspend all or part of the services and/or the website in order to carry out the necessary technical operations. These interruptions will not give rise to any compensation for the user, even if they occur during the purchase of products.

In this respect, Dreemio is bound by a best endeavours obligation.

Warranties and liability

By accessing the Site, the user declares, guarantees and undertakes to :

  • Use the Site and/or Services honestly and reasonably, without breaching the terms of these General Terms of Use.
  • You may not use any devices or software other than those provided by Dreemio to (i) disrupt or attempt to disrupt the proper working of the Site and/or the Services, (ii) extract, modify, consult, even temporarily, or make individual use of all or part of the Site, the Services and/or the Products.
  • Not to access or use the Site, the Services and/or the Products for illegal purposes or with the aim of damaging the reputation of Dreemio and/or users, or more generally, to infringe the rights, including intellectual property rights, of Dreemio and/or third parties, including users.
  • Not to market, directly or indirectly, the Products, Services and/or access to the Services and/or the Site.
  • Not to re-use or exploit all or part of the Site and/or Services for commercial, collective or personal purposes in a format or media not authorised by Dreemio and/or users.
  • Not to reproduce or represent all or part of the Site and/or Services for private purposes beyond the legal exceptions provided for, in particular by the Intellectual Property Code, or with a view to direct or indirect marketing, in particular to third parties.
  • Not to restrict access to and use of the Site and/or Services.
  • Not to modify, even temporarily, any element of the Site and/or Services.
  • Ensure that use of the Site and/or Services does not compromise the stability, security or quality of the Site, Services, networks, bandwidth or infrastructure of Dreemio, other users and/or third parties.
  • Not to infringe the provisions of articles 323-1 to 323-7 of the French Penal Code concerning hacking practices.

In the event of a breach of any of these obligations, Dreemio reserves the right to refuse or suspend, unilaterally and without prior notice, access to all or part of the Services and/or the Site and to suspend, where applicable, access to the user's account.

Advertisements

Dreemio reserves the right to display advertising or promotional material on the Site, including as part of the Services.

Limited liability

Users are entirely responsible for their use of the Site and the Services accessible therein.

Dreemio shall not be liable in any way for any claims or proceedings brought against the User arising out of the User's misuse of the Site and/or the Services. The user acknowledges and agrees that he/she will be liable for any claims or proceedings brought against Dreemio as a result of his/her misuse of the Services and/or the Website.

The Site may contain links to third party websites. Given the changing nature of the content of these sites, Dreemio cannot be held responsible if their content violates applicable laws or regulations.

In all cases, Dreemio cannot be held responsible:

  • Unavailability of the Services for reasons such as failure of the public electricity network, telecommunications networks, or loss of Internet connection, for any reason, including cases of force majeure.
  • Use of the Site and/or Services in a manner that does not comply with these General Terms and Conditions of Use or the General Terms and Conditions of Service.
  • To the extent permitted by applicable law, any consequential damages, including loss of profits, data or other intangible losses, even if Dreemio has been advised of the possibility of such damages, arising out of the use of or inability to use the Site and/or the Services, or unauthorized access to the Services or the Site.

Dreemio cannot be held responsible for any hardware or Internet connection malfunctions experienced by the user when accessing the Site and Services. In particular, Dreemio cannot guarantee the speed of access to the Site and/or Services or the buffering speed that the user may experience.

Force Majeure

Dreemio shall not be held liable if the performance of any of its obligations is hindered or delayed as a result of force majeure as defined by the case law of the Estonian courts, including natural disasters, malfunctions, fires or interruptions to the electricity or telecommunications networks.

Intellectual property and copyright

Dreemio owns or is authorised to use the intellectual property rights relating to both the general structure of the Site and its content (text, slogans, graphics, images, videos, photos, programmes, products and other content). Consequently, any representation, reproduction, modification, alteration and/or exploitation of all or part of the Site and/or the Services and/or the Products, by whatever means and on whatever medium, without the express prior authorisation of Dreemio, is prohibited and constitutes an infringement of copyright.

Similarly, any unauthorised use of the Site and/or the Services and/or the Products renders the user criminally and civilly liable for copyright infringement.

The user acknowledges and accepts that access to the Site and/or the Services and/or the Products provided by Dreemio does not in any way transfer or grant any intellectual property rights (in particular copyright) or other personality rights (such as image rights or privacy rights) to the user.

Access to the Site, the Services and the Products is exclusively reserved for the private and personal use of the user, in accordance with the conditions and limits defined in these General Terms of Use.

Trademarks and Distinctive Signs

The trademarks, logos, company names, acronyms, trade names, brand names and/or domain names of Dreemio and/or its commercial partners mentioned on the Site and/or of the Products supplied by Dreemio on the Site are protected distinctive signs and may not be used without the express prior authorisation of their owner.

Any representation, reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes a trademark infringement, a usurpation of a company name, a commercial name and a domain name, giving rise to the tort liability of its author.

Hypertext links and liability

Dreemio accepts no responsibility or liability whatsoever for any hypertext links on the Website and/or as part of the Services leading to other websites or resources available online.

The user is strictly prohibited from creating hypertext links to pages deep within the Site allowing access to the Services, using technical methods designed to bypass customer identification or to extract content from the Services provided by Dreemio.

The use of the "framing" technique is strictly prohibited without the express prior authorisation of Dreemio.

Using databases

The user irrevocably acknowledges that the Website and the Services, including the structure and/or organisation of the Products, consist of one or more databases made available by Dreemio as the producer of these databases, in accordance with the provisions of articles L.341-1 et seq. of the French Intellectual Property Code.

Consequently, in accordance with the provisions of article L. 342-1 of the same Code, the user undertakes not to :

  • extract, either permanently or temporarily, all or a substantial part, either qualitatively or quantitatively, of the content of one or more of the databases accessible on the Website and/or the Services, including the structure and/or organisation of the Products, to another medium, by any means and in any form, including for the purposes of use or consultation by a medium and/or process not authorised by Dreemio;
  • Re-use, by making available to the public, all or a substantial part, either qualitatively or quantitatively, of the content of one or more of the databases accessible on the Site and/or the Services, including the structure and/or organisation of the Products, in any form whatsoever, including by means of a hypertext link, a medium and/or a process not authorised by Dreemio ;
  • Create, publish, maintain, update, import, export, make available to third parties, whether free of charge or in return for payment, or participate in any of the foregoing actions, a competing database derived in whole or in part from one or more of Dreemio's databases;
  • View on a screen by any process or media other than those by which Dreemio intends to disclose the Site and the Services, including the structure and/or organization of the Products;
  • In general, any extraction, use, storage, reproduction, representation or retention, whether direct or indirect, in whole or in part, including buffering or temporary storage, of the content of one or more of Dreemio's databases, by any of the processes mentioned above, is strictly prohibited, including by any media not authorized by Dreemio.

Use of the Content of the Services

The user acknowledges and agrees that access to the Site and Services provided by Dreemio does not transfer or grant any intellectual property rights (including copyrights) or other rights to the user except as set forth in the Terms and Conditions of Sale and the Terms and Conditions of Service.

In addition, the user acknowledges and agrees that the authorisation granted by Dreemio for private and personal use of the Services expressly excludes :

  • The possibility of accessing the Services with a view to collective use of their content;
  • The reproduction, representation, resale, exchange, rental, transfer to a third party, modification, adaptation or correction, whether free of charge or in return for payment, of all or part of the Site, the Services and their content.

Confidentiality of Personal Data

Users' personal information is processed in accordance with Dreemio's Privacy Policy, which is available in the footer of the site.

Customer Support and Complaints

For any questions, requests for technical assistance or complaints regarding the Services, please contact us at the following e-mail address: contact@Dreemio.com.

Miscellaneous provisions

Communication and Evidence

Unless otherwise specifically provided for in these Terms and Conditions of Use, communication between Dreemio and the user takes place primarily by electronic means.

In accordance with articles 1366 et seq. of the French Civil Code, the user acknowledges and agrees that information transmitted by Dreemio by electronic mail, through the Services or the Website, constitutes proof between the user and Dreemio.

Details such as the time of receipt or transmission, as well as the quality of the data received, are considered authentic according to the records mentioned above or as authenticated by Dreemio's computerised procedures, unless the user provides written proof to the contrary.

The evidential value of the information provided by the Site is equivalent to that of an original document written on paper and signed by hand.

Full Terms and Conditions of Use

These Terms and Conditions of Use set forth the entire obligation of Dreemio and the user with respect to the subject matter hereof. The failure of either party to rely on a breach by the other party of any of its obligations hereunder shall not be construed as a waiver of such obligation in the future.

Partial disability

If one or more clauses of these General Terms and Conditions of Use are considered invalid, deemed unwritten or declared as such by a law, regulation or court decision having the force of res judicata, the other clauses will remain in full force and effect, unless the invalid clauses are essential and their removal would compromise the contractual balance.

Interpretation of Securities

In the event of difficulties of interpretation between one of the headings appearing at the top of the clauses of these General Terms of Use and one of the clauses, the headings will be considered null and void.

Applicable Law and Settlement of Disputes

These Terms and Conditions of Use are governed by Estonian law.

In the event of a dispute arising out of or in connection with these Terms and Conditions, their interpretation, their consequences, or acts supplementing or amending them, the user must first contact Dreemio to attempt to reach an amicable solution. All complaints must be made in writing.

In the absence of an amicable settlement, the user may choose :

  • Have recourse to mediation within one year of its written complaint, either by choosing a mediator or by using the online dispute resolution system accessible at the following address: Link to the EU's online dispute resolution system. It should be noted that mediation is not a prerequisite for referral to the competent courts.
  • To initiate proceedings before the competent Estonian courts.