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Terms and conditions of Newday Care services - European Economic Area

last updated on February 1st, 2024

Welcome to Newday Care! NEW DAY (hereinafter “Newday Care” or “we”) provides you with its website at https://newday.care/en/home-en/ (hereinafter the “Site”), its web and mobile application for computer or tablet or phone (hereinafter the “Applications”), its relaxation and personal development services accessible via the Site and the Applications (hereinafter, together, the “Services”), as well as products and programmes that can be purchased via the Services (hereinafter the “Products”). Please read these Terms of Use for Newday Care Services – European Economic Area (hereinafter the “EEA”) (hereinafter the “Terms of Use”) carefully as they govern your purchase and use of the Services and Products. These Terms of Use are applicable to users located within the EEA, Switzerland and the United Kingdom. For NEW DAY’s contact details and other information about NEW DAY as a company, please see the “Contact Us” section on the last page of these Terms of Use. If you have any questions about our Site, the publication of the Services or any other matter relating to the Services, please visit https://newday.care/en/contact-en/ or contact us by email as set out in the “Contact Us” section.

Scope of the Terms of Use

These Terms of Use apply to your use of the App and all other Products and Services, including any content made available on them. Any additional or different terms that you agree to in relation to any of our Services or Products will form part of your agreement with us. The legal relationship between NEW DAY and the user regarding the use of the Services and Products is subject exclusively to these Terms of Use and any additional terms. In the event of any contradiction between these Terms of Use and any additional terms, the latter shall prevail. Any terms inconsistent with all of these terms, whether provided by you or any other user, shall not apply, even if we do not object to them. If you do not wish to be bound by these Terms of Use, you may not use the Services or Products.

Data protection policy

Please visit https://newday.care/en/data-protection-policy/ for information on how we collect, use and disclose data about you.

Changes to the Terms of Use

We may change the Terms of Use at any time for valid reasons such as, for example, to reflect changes to our Services or business terms (for example, if new features or benefits are added to the Services, or if certain features of certain Services are removed) or for legal, regulatory or security reasons. These changes will be valid for the future only. We will notify you in advance of any such changes, for example by email or via the Services, and by posting the amended Terms of Use on the Site by updating the “last updated date” above. If we make any changes to these Terms of Use, those changes will apply for the future and, unless otherwise specified in our notice, the amended Terms of Use will take effect immediately. It is important that you review the Terms of Use each time we change them because if you continue to use the Services or Products after we have notified you of such changes or otherwise asked you to accept them, you are indicating to us that you agree to be bound by the terms of the changed Terms of Use. You are entitled to reject any such changes at any time by ceasing to use the Services and you may cancel any Subscription you have at any time as set out in the “Cancellation” section. If you cancel your Subscription on the grounds that you refuse to accept a material change to these Terms of Use which would unreasonably disadvantage you or materially alter the contractual balance between the parties, including changes to the essential features of the Services, you will be entitled to a pro-rata refund of the unused portion of your Subscription so terminated.

Modification and interruption of our Services and Products

Subject to the terms of this section, we may modify or interrupt all or part of the Services or Products at any time. Please note that the terms of these Terms of Use have no effect on the rights and remedies available to you under the laws of your country. In the event that any modification or interruption is unreasonably disadvantageous to you or significantly alters the contractual balance between the parties, including changes to the essential characteristics of the Services, you may object by cancelling your Subscription. If you terminate your Subscription for these reasons, you are entitled to a pro-rata refund of the unused portion of your Subscription so terminated. Except for refunds granted in accordance with these Terms of Use, we will not be liable for any loss or damage in connection with your inability to access or use our Services and Products. If you have taken out a Lifetime Subscription, we will endeavour to give you at least thirty (30) days’ notice of the termination of any Services or Products.

Who can use the Services or Products?
Eligibility

You may use the Services or Products only if you are at least 12 years of age and are not prohibited from doing so by applicable law. If you are under the age of 18 (or below the age of majority under the laws of the country in which you reside), you may use our Services or Products only under the control of a parent or legal guardian who agrees to be bound by these Terms of Use. Any parent or legal guardian of a user under the age of 18 (or below the legal age of majority) who has read these Terms of Use in accordance with the preceding sentence acknowledges full responsibility for the acts or omissions of such user in connection with our Services and Products. If you use our Services or Products in the name of and on behalf of any other person or entity (a) all references to “you” in these Terms of Use shall include that person or entity, (b) you represent that you are authorised to accept these Terms of Use in the name of and on behalf of that person or entity, and (c) if you or that person or entity breaches any term of these Terms of Use, you and that person or entity agree that you are jointly and severally liable for that breach. To make a purchase via the Services (as set out in the section below entitled “Purchases”), you must be at least 18 years of age and be able to form a binding contract. Some Services may not be available in certain countries, and we reserve the right to impose additional eligibility requirements, which will be indicated before you accept such requirements.

Account creation and security measures

If you wish to use all of the Services or certain Products, including if you wish to take out a subscription, you must create an account (hereinafter an “Account”). You can create your Account via the Application, using your identification email address, your mobile phone number or your Google account. If you choose to create your Account via your Google Account, we will create the Account by extracting certain personal data such as your name and email address from the relevant open account. If you create an Account via the Application or the Site, you are required to provide us with accurate, complete and up-to-date information and to update such information promptly as necessary to keep it accurate, complete and up-to-date. If you fail to do so, we may be obliged to suspend or close your Account. You will ensure the security of your Account, and you will not disclose your Account to any third party. If you discover or suspect any unauthorised use of your Account, you must notify us immediately. We reserve the right to recover usernames, including in the name of and on behalf of companies or individuals who have rights, including intellectual property rights, in such usernames.

Purchases
Pricing of subscriptions and Products

Newday Care offers certain enhanced features of the Services which you can access (a) by taking out a monthly or annual subscription (hereinafter an “Individual Subscription”); or (b) via a partnership between NEW DAY and your company (hereinafter a “Company Subscription”). A description of the characteristics of Individual Subscriptions and Corporate Subscriptions is accessible via the Services. In the case of Corporate Subscriptions, your ability to access and use the Services may be subject to additional terms and conditions between you and your company. When you purchase an Individual Subscription or Product (each, a “Transaction”), we may ask you to provide additional information necessary to complete your Transaction, such as your credit card number, expiration date and billing address(es) (together, the “Payment Information”). You represent and warrant that you are legally authorised to use all payment methods indicated in the Payment Information. You will be notified of the amounts payable by you in respect of a Transaction carried out through the Services prior to placing your order. If you choose to complete a Transaction through the Services, you authorise us to share your Payment Information with third party service providers to enable us to complete your Transaction and (x) you agree to pay all applicable amounts and any taxes indicated at the time of purchase; (y) you acknowledge that NEW DAY shall be entitled to charge your credit card or any third party payment processing account, including, without limitation, your account with the app shop or distribution platform (such as the Apple App Store or Google Play Store) on which the Application is offered (each, an “Application Provider”); and (z) you agree to bear any additional charges that your Application Provider, bank or other financial service provider may impose on you. Your order is not binding on NEW DAY until accepted and confirmed by NEW DAY. Payments made are neither refundable nor transferable unless expressly stated in these Terms of Use. If you encounter any difficulties or have any objections regarding these charges, please notify us in the first instance and do not cancel or decline any credit card or third party payment processing charges without reasonably attempting to resolve the matter directly with NEW DAY. NEW DAY reserves the right not to process or cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the application or order is fraudulent, or in other circumstances NEW DAY deems appropriate in its sole discretion. NEW DAY also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order in accordance with the requirements of applicable data protection legislation. You may be asked to provide additional information to verify your identity prior to the completion of your Transaction (this information forms part of the definition of “Payment Information”). NEW DAY will not charge or refund you for orders that it has cancelled or not processed. Where you access our Services as part of a Corporate Subscription taken out by your company, you undertake to follow the instructions provided by your company in accordance with the terms of its agreement with NEW DAY. In this case, these Terms of Use will also constitute a direct contract between you and NEW DAY.

Automatic renewal of your Individual Subscription until you cancel it and how to cancel your Individual Subscription

The timing of your payment and the automatic renewal of your Individual Subscription will depend on the duration of your Individual Subscription and is subject to the cancellation rights set out in these Terms of Use.

For monthly or annual Individual Subscriptions, which are automatically renewed for an additional subscription period equal in duration to that of the expiring subscription until you cancel your subscription, all amounts are payable (a) at the beginning of the subscription period and (b) at each renewal until you cancel your subscription, using the Payment Information you have provided. You must cancel your monthly or annual Individual Subscription prior to its renewal in order to avoid being charged for the next Individual Subscription period. You can cancel the renewal of your Individual Subscription at any time in the Application, by going to the “Settings” section and clicking on the “Close Account” button, or by contacting us by e-mail at the following address: contact@newdaycare.fr. If you take out your Individual Subscription via an Application Provider, you may cancel the renewal of your Individual Subscription at any time by contacting the Application Provider or by going to the « My account” section of the Application and clicking on the “Close Account” button. When you make a purchase through an Application Provider, the terms and conditions of sale of that provider will apply to the purchases made and these Terms of Use will apply to your use of the Services. If you have taken out a subscription using a promotional code, discount code or any other type of discount, your subscription will be renewed automatically at the rate in force at the end of the period during which you benefited from a reduced rate, unless another promotional offer is applicable to you. Except as expressly provided in these Terms of Use, any amounts you have already paid for your current Individual Subscription will not be refunded and you will continue to use the Services until the end of the current Individual Subscription period.

Apple manages all billing related to integrated purchases made on iOS devices. Customers who have subscribed to Newday Care via the AppStore will need to contact Apple directly for any refund requests. They are generally able to honour all refund requests within thirty (30) days of the original purchase date (at their discretion). For further information, please contact Apple directly.

Free trial periods

Your Subscription may begin with a free trial period (a “Free Trial Period”). If we offer you a Free Trial Period, the specific terms of that trial will be set out in the marketing materials describing that particular trial or when you sign up. Free Trial Periods are available to new and existing customers only. NEW DAY reserves the right, at its sole discretion, to determine whether you qualify for a Free Trial Period and to amend or cancel the terms and conditions applicable to its Free Trial Periods at any time (for the future and for new Free Trial Periods only). AT THE END OF YOUR FREE TRIAL PERIOD, WE (OR OUR THIRD PARTY PAYMENT PROVIDER) WILL COMMENCE PERIODIC DEBITS FROM YOUR NOMINATED PAYMENT METHOD IN RESPECT OF YOUR SUBSCRIPTION (TOGETHER WITH ANY APPLICABLE TAXES AND OTHER CHARGES SPECIFIED AT THE TIME OF PURCHASE) FOR THE DURATION OF YOUR SUBSCRIPTION, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL PERIOD. If you have signed up for your Free Trial Period via the Site, you may cancel it at any time by visiting https://www.newdaycare.app and logging into your Newday Care account. If you have signed up for a Free Trial Period via an Application Provider, you may cancel the renewal of your Individual Subscription at any time with the Application Provider. Your Free Trial Period does not in any way limit the rights you may exercise within the scope of your statutory right of withdrawal.

Right of withdrawal

If you subscribe to an Individual Subscription, you are entitled to withdraw, without giving any reason, within a period of fourteen (14) days from the date on which you signed up for the Services concerned (hereinafter the “Withdrawal Period”). If you sign up for a Free Trial Period, the Withdrawal Period ends fourteen (14) days after the start of the Free Trial Period. If you take out an Individual Subscription without a Free Trial Period, the Withdrawal Period is fourteen (14) days from your purchase.

If you wish to exercise this right of withdrawal, you must inform us of your decision to withdraw by cancelling your Individual Subscription directly in the Application or by sending us an express written request to the postal address NEW DAY, 31 rue Soeur Bouvier, 69005 LYON, FRANCE or to the e-mail address contact@newdaycare.fr. This communication must be sent before the end of the Withdrawal Period. You may use the standard cancellation form provided below, but this is not obligatory. If you exercise your right of withdrawal, we will refund all sums paid by you to us within fourteen (14) days of the date on which we receive notification of your withdrawal, provided however that the amount of the refund may be reduced by a pro-rata amount corresponding to the part of the Services already provided at the time you notify us of the exercise of your right of withdrawal. We will make this refund using the same means of payment that you used to make the original transaction, unless we have expressly agreed otherwise with you. In addition, you will not be charged for this refund.

Withdrawal form

(If you wish to cancel, please complete and return the form below).

  • For the attention of NEW DAY, 31 rue Soeur Bouvier, 69005 LYON, FRANCE, contact@newdaycare.fr :
  • I/We, the undersigned (*), hereby wish to exercise my/our right of withdrawal (*), in relation to the purchase of the products (*)/provision of the services (*) below
  • Ordered on (*)/received on (*)
  • Name of consumer(s)
  • Address of the consumer(s)
  • Signature of consumer(s) (only in the case of paper communications)
  • Date
    (*) Delete as appropriate.

Changes to the pricing conditions for Individual Subscriptions and Products

NEW DAY may make price adjustments applicable to current contracts/Services on the basis of these Terms of Use, at its sole discretion, in accordance with changes in costs that are essential for calculating prices. Any price increase or decrease will apply to any new Subscription renewal period. If you do not agree with the price, you may cancel your Subscription before the start of the new renewal period. A tariff increase or decrease will be considered, for example, in the event of an increase or decrease in the purchase price of hardware, software and energy, the use of communication networks or labour, or in the event of other changes in the economic or legal framework giving rise to a modification of the tariff situation. NEW DAY undertakes to inform you of any change in rates in writing at least thirty (30) days before the change takes effect. The prices of new contracts linked to the Services and the prices of the Products may be modified at any time at the sole discretion of NEW DAY.

Future Features

You acknowledge that you are not making a purchase contingent upon the provision of any future functionality, content or features, or upon any public statements, oral or written, made by NEW DAY regarding any future functionality or features.

Comments and suggestions

We welcome your comments, observations, questions and ideas about NEW DAY, the Services or the Products, and any suggestions you may have for improving the Services or the Products (collectively, the “Comments”). You can send us your Comments by e-mail to the following address: contact@newdaycare.fr. You acknowledge that any Comments you submit to us are voluntary, gratuitous and without limitation, and will not subject NEW DAY to any obligation to you or any third party. You grant us a royalty-free, non-exclusive, irrevocable, transferable and sub-licensable licence, worldwide and for the statutory term of any intellectual property rights in your possession or control, to use, copy, modify and otherwise exploit the Comments or create derivative works therefrom for any purpose whatsoever, commercial or otherwise, without compensation to you, including, without limitation, developing, copying, publishing or improving the Comments in NEW DAY’s sole discretion. You acknowledge that NEW DAY may treat the Comments as non-confidential. NEW DAY does not waive any right to use similar or related ideas of which it was already aware, which were developed by its contributors or which were obtained from other sources.

Content and rights to content

For the purposes of these Terms of Use (a) the term “Content” refers to all textual or graphic elements, images, photographs, music, software, sound elements, videos, works of the mind of any nature whatsoever, and all information or other elements published, generated, provided or made available in any other way via the Services and the Products; and (b) the term “User Content” refers to all Content provided by users (including you) so that it can be accessed via the Services and the Products. Content includes, but is not limited to, User Content.

Proprietary rights in the Content

Except for the license granted by you below, NEW DAY does not claim any ownership rights in any User Content, and the terms of these Terms of Use shall not be deemed to limit any compulsory rights you may have to use and exploit your User Content. Subject to the foregoing, all right and title in and to the Services, Products and Content belong exclusively to NEW DAY and its licensors, including all intellectual property rights therein. You acknowledge that the Services, the Products and the Content are protected by copyright, trademark law and any other law in force in FRANCE (or governed by the Institut National de la Propriété Intellectuelle) or abroad. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights accompanying or contained in the Services, Products or Content.

Rights you grant in User Content

By making any User Content available through the Services and Products, you hereby grant NEW DAY a non-exclusive, transferable, sub-licensable, worldwide, royalty-free, fully-paid license to use, publish, translate, reproduce, adapt, copy, modify, publicly perform, distribute and create derivative works from your User Content through the Services. When you post or otherwise distribute User Content on or through our Services, you acknowledge that your User Content and any associated information (for example, your username or profile picture) may be viewable by others. You represent and warrant that your User Content, and our use of such content as permitted by these Terms of Use, does not infringe any other rights of, or cause injury to, any person or entity.

Rights to Content granted by NEW DAY

Subject to these Terms of Use, NEW DAY grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Content solely in connection with your authorized use of the Services and Products and solely for your personal, non-commercial use. Any use of the Services and Products other than as specifically authorised herein, without our prior written consent, is strictly prohibited, will terminate the licence granted herein and will constitute an infringement of our intellectual property rights.

Complaints and legal action

We have adopted a policy of deleting the accounts of users who repeatedly infringe the rights of others. If you believe that any material on our Services infringes any right in your possession or control or the rights of any third party (for example, infringement, insult, invasion of privacy) or if you discover that any User Content advocates crimes against humanity, incites racial hatred and/or violence or is child pornography, please notify NEW DAY immediately as follows:

To: NEW DAY Legal Department

Address: 31 rue Soeur Bouvier, 69005 LYON, FRANCE

Email address: contact@newdaycare.fr

When you send us a notification, you must indicate the date of notification. If you are a natural person, you must also provide your full name, e-mail address and nationality, a description of the content reported and its exact location (for example, the URL link to the content in question), and the reasons why the content should be removed. In addition, if you reside in France, you must indicate your profession, home address, date and place of birth, as well as a copy of the letter sent to the author or publisher of the challenged information or activities requesting its interruption, deletion or modification, or the reason why the author or publisher could not be contacted. We may not be able to process incomplete notifications.

WARNING FOR FRENCH USERS: Under French law, reporting content or activity as unlawful in order to obtain its removal by providing false or inaccurate information is punishable by up to one year’s imprisonment and a fine of 15,000 euros.

Rights and conditions relating to the Applications

Rights to the Application granted by NEW DAY

Subject to your compliance with these Terms of Use, NEW DAY grants you a limited, non-exclusive, non-transferable and non-sublicensable licence to download and install one copy of the Application on a mobile device or computer in your possession or control, and to use that copy of the Application solely for your personal, non-commercial use. NEW DAY reserves all rights in the Application not expressly granted to you under these Terms of Use. You are not authorised to copy the Application, except to make a reasonable number of copies for backup or archiving purposes. Except as expressly permitted in these Terms of Use, you may not: (a) copy, modify or create derivative works from the Application; (b) distribute, transfer, sublicense, rent or loan the Application to any third party; (c) reverse engineer, decompile or disassemble the Application, except to the limited extent expressly permitted by law (if any); or (d) make the functionality of the Application available to multiple users by any means.

Additional terms for Applications purchased from the AppStore

If you have accessed or downloaded the Application from the Apple Store, you agree to use the Application only: (a) on an Apple-branded product or device running iOS (Apple’s operating system); and (b) as permitted by the “Usage Rules” set out in the Apple Store Terms of Use. If you have accessed or downloaded the Application from an Application Provider, you acknowledge and agree that :

  • these Terms of Use are between you and NEW DAY, not the Application Provider, and that, as between NEW DAY and the Application Provider, Calm is solely responsible for the Application.
  • the Application Provider is not obliged to provide support and technical assistance services relating to the Application.
  • in the event of any failure of the Application to comply with any applicable warranty, you may notify the Application Provider who will refund the purchase price of the Application (if any) and, to the fullest extent permitted by applicable law, the Application Provider shall have no further warranty obligations with respect to the Application. NEW DAY shall be solely liable for any other claim, loss, liability, cost or expense attributable to any failure of an Application to comply with any warranty.
  • it is not the responsibility of the Application Provider to respond to any claim you may have or any claim brought by a third party relating to the Application or your possession and use of it, including, without limitation, (i) any product liability claim, (ii) any claim that the Application does not comply with any applicable legal or regulatory requirement, or (iii) any claim under consumer protection or similar legislation.
  • in the event of any claim or action by any third party that the Application or your possession and use of the Application infringes its intellectual property rights, NEW DAY shall be solely responsible for the investigation, defence, settlement and resolution of any such intellectual property rights infringement claim to the extent required by these Terms of Use.
  • the Application Provider and its affiliates are third party beneficiaries of these Terms of Use in respect of your licence to use the Application and that, upon your acceptance of these Terms of Use, the Application Provider shall be entitled (and shall be deemed to have accepted the right) to enforce against you the terms of these Terms of Use in respect of your licence to use the Application in its capacity as a third party beneficiary hereunder.
  • You must also comply with any applicable terms of use of any third party when using the Application.
  • You may not export or re-export the Application, any technical data related thereto or any content contained therein, except as permitted under the export control and sanctions laws of the United States or the laws of any other applicable government. By using the Application, you acknowledge and warrant, among other things, that the Application, the related technology and the content contained therein may not be exported or re-exported to any country or region sanctioned by FRANCE.

Prohibitions concerning User Content and your actions

You acknowledge that you are solely responsible for your actions and User Content when using our Services and Products, and you agree not to engage in any of the following activities:

  • Publish, upload, create, post, store, send, transmit or otherwise communicate any User Content: (a) which is confidential and in respect of which you do not have all necessary rights to disclose it or to grant us the licence to use it referred to above; (b) which is likely to infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral right or other intellectual property right belonging to a third party, or any right of publicity or privacy; (c) which violates, or encourages any action which would violate, these Terms of Use or any rights belonging to any third party, which would give rise to any liability in any other way, which would violate any local, state, national or international law or regulation in force or which would have the effect of giving rise to any civil or criminal liability; (e) impersonates any person or misrepresents your relationship with any person or entity or contains or describes any statement, comment or claim that does not reflect your honest opinion and experience; or (f) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libellous, indecent, improper, suggestive, abusive or inflammatory; (g) encourages discrimination, intolerance, racism, hatred, harassment or violence towards any individual or group; or (h) is violent or threatening or encourages any act of violence or threatening behaviour towards any person or entity; (i) promotes any illegal or dangerous activity or substance; (k) contains any viruses, corrupted data or other files or content which is harmful, disruptive or destructive; or (l) which we reasonably believe is objectionable, restricts or inhibits any third party from using or enjoying our Services and Products, or is likely to expose NEW DAY or any other person to any damage or liability of any kind;
  • Copy, reproduce, distribute, use, publicly perform, duplicate or display the Services or Products, or any individual elements contained in the Services or Products, the NEW DAY name, any NEW DAY trademark, logo or other proprietary information, or the layout and design of any page or form on any page, without the express written permission of NEW DAY or its licensors;
  • Modify our Services or Products, remove any copyright or other proprietary notices, or otherwise create derivative works from our Services or Products;
  • Use our Services or our Products for any purpose other than that for which they are intended and in any way that is not authorised by these Terms of Use, that breaches these Terms of Use or any applicable law, regulation, contract, intellectual property right or other right belonging to a third party, or which may disrupt, interfere with or adversely affect our Products or Services, which may prevent other users from fully enjoying our Services or Products, or which may interfere with, block, slow down or otherwise hinder the operation of our Services or Products;
  • Develop or use any application that interacts with our Services or Products without our prior written consent;
  • Avoid, defeat, ignore, delete, disable, interfere with, decrypt or otherwise circumvent any technological measures put in place by NEW DAY or any of its service providers or any third party (including any other user) to protect the Services or Products;
  • Attempt to scrap or extract data from our Services or Products or download Content from the Services or Products using any engine, software, tool, agent, device or system (including, without limitation, spiders, robots, crawlers, crawlers or similar tools) other than the software and/or search tools provided by NEW DAY or other publicly accessible third party Internet browser, in order to avoid measures implemented to circumvent, prevent or limit access to all or part of our Services or Products, including instructions contained in any robots. txt file we provide that controls automated access to parts of our Services;
  • Attempting to decode, decompile, disassemble or reverse engineer any of the software used to provide the Services or Products, except to the limited extent expressly permitted by applicable law (if any), or to perform any other operation that may provide access to the source code;
  • Interfere or attempt to interfere with any user’s, host’s or network’s access to the Services or Products, including, without limitation, via means of submitting a virus, creating an overload or congestion, sending unsolicited messages or “mail-bombing” the Services or Products;
  • Collect or retain any personally identifiable information from the Services or Products from other users of the Services or Products without their express consent;
  • Engage in any harassment, intimidation, threats, predatory behaviour or stalking;
  • Use or attempt to use another user’s account without their consent or NEW DAY’s consent; or
  • Encourage or enable any other person to do any of the above.

We have the right (but not the obligation) to monitor access to or use of the Services, Products or Content or to review or edit any Content at any time, with or without notice, to ensure compliance with these Terms of Use and to comply with applicable law or other legal requirements. We reserve the right (but have no obligation) to enforce this section by removing or blocking access to any Content at any time without notice if we reasonably believe that any Content is abusive or otherwise violates these Terms of Use. Our failure to enforce this section in some cases does not waive our right to enforce it in other cases. We have the right to investigate any breach of these Terms of Use or any conduct or behaviour detrimental to the Services or Products. We may also refer to and cooperate with law enforcement authorities in prosecuting users who violate the law. In addition, this section does not create any right of action by any third party or imply that the Services or Products do not contain any Content prohibited by these rules.

Third-party Content

The Services or Products may contain information about, and links to, third party products, services, websites, resources, activities or events. We may also permit third parties to make their content and information available on or through the Services or Products (together, “Third Party Content”). We provide Third Party Content for informational purposes only and do not control or endorse any Third Party Content. You acknowledge that it is your decision whether or not to access Third Party Content.

Trademarks

NEW DAY and Newday Care, as well as our logos, product or service names, slogans and the visual presentation of the Services or Products are trademarks of NEW DAY and may not be reproduced, imitated or used, in whole or in part, without the prior written consent of NEW DAY. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services or Products are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not mean or imply that we approve, endorse or recommend such products, services, processes or other information.

Termination

We may terminate or suspend your access to or use of the Services, Products or Applications for cause. Good cause may be shown if, taking into account all the circumstances of the particular situation and weighing up the interests of both parties, there is no reasonable expectation that the contractual relationship will continue, for example in the event of a serious or repeated breach by you of these Terms of Use. We may also suspend your account for up to ninety (90) days if we need to investigate an alleged breach by you, and if such breach is considered to be for good cause and there is sufficient suspicion of breach based on facts. If you have a Business Membership, we may terminate it and your Account if you are no longer eligible for a Business Membership under the terms of our agreement with your company. You can terminate your Account or Subscription at any time in the Application, in the “Settings” section, “Close Account” button, or by sending us an email at contact@newdaycare.fr. If you take out an Individual Subscription via an Application Provider, you must terminate your Individual Subscription directly with the Application Provider, or directly in the Application, « My account” section, “Close account” button. In the event of termination, interruption or cancellation of the Services, the Products or your Account, all the stipulations and clauses of these Terms of Use which, by their nature, must remain in force, will remain in force, in particular the ownership clause, the exclusions of guarantee, the limitations of liability and the stipulations relating to the settlement of disputes.

Limited warranty

The Services are provided using commercially reasonable care and skill. Unless otherwise stated in these Terms of Use, NEW DAY makes no representation as to the reliability of the Services or that the Services will meet your requirements, and excludes all other warranties.

Medical Disclaimer

By using our Services, Products and Content, you acknowledge that:

  • the Services, Products and Content offered by NEW DAY are not clinical in nature, are provided solely for your information, and are not intended or designed to diagnose, prevent or treat any medical condition or disease, to evaluate your health, or to substitute for professional medical advice or care;
  • NEW DAY is not a registered healthcare provider or professional and has no activity or expertise in the diagnosis, investigation or treatment of medical conditions or diseases, the prescription of drugs or treatments or the evaluation of the effect of a specific treatment on a medical condition or disease;
  • NEW DAY does not provide emergency services and cannot contact you or any other person on your behalf in relation to your medical condition or any treatment you are undergoing;
  • NEW DAY is not responsible for the effectiveness or proper use of Content that you receive via, or that is generated by, the Services or the Products;
  • You should consult a doctor if you require medical advice; and
  • You should never disregard professional medical advice or delay in seeking it because you have read or received something through the Services or Products.

Not all activities described in the Services or Products are suitable for everyone. Do not use the Services or Products while driving, handling heavy equipment or performing other tasks that require attention and concentration. You agree to use the Services and Products responsibly.

Limitation of liability

This section does not limit liability for damages resulting from injury to life, limb or health caused by an intentional or negligent breach of duty by NEW DAY or its servants, or for damages resulting from a grossly negligent or intentional breach of duty by NEW DAY or its servants. For all other damages, NEW DAY is only held responsible for its simple negligent breach of essential contractual obligations, and this responsibility is limited to damages foreseeable at the time of the conclusion of the present Conditions of Use. Thus, the essential contractual obligations are those whose performance characterises the contract and which determine the user’s consent. Otherwise, liability is excluded. Insofar as NEW DAY’s liability is limited or excluded, the limitations or exclusions of liability also apply to the personal liability of NEW DAY’s employees, contributors, legal representatives and agents. The limitations and exclusions of liability set out in this article do not affect NEW DAY’s liability under the mandatory legal provisions of product liability laws in the countries in which users are located. For users located in Germany, this includes liability due to the fraudulent concealment of a defect as well as the assumption of a guarantee for the quality of an article in accordance with the law on product liability.

Settlement of disputes

Applicable law

These Terms of Use and your access to and use of our Services shall be governed by and construed and enforced in accordance with the laws of your country of residence. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you take legal action in relation to these Terms of Use in the courts of your country of residence, you will benefit from all the mandatory provisions of the law of the country in which you reside. Nothing in these Terms of Use affects your rights as a consumer to rely on the mandatory provisions of the law of the country in which you reside. The European Commission offers an online dispute resolution platform, which you can access at the following address: https://ec.europa.eu/consumers/odr/. We prefer to resolve your claims directly with you and therefore, unless otherwise agreed by NEW DAY in writing or as specified below, we do not participate in alternative consumer dispute resolution procedures. If you wish to raise a query with us, please contact us. Unless otherwise expressly agreed by NEW DAY in writing, this paragraph applies only to residents of France. In the event of a problem concerning the Services and if your written complaint to our customer service department (to contact@newdaycare.fr) has not received an adequate response or in the absence of a response from our customer service department within one (1) month of receipt of your complaint, you may have recourse to an alternative dispute resolution method by contacting CNPMeditation (https://www.cnpm-mediation-consommation.eu/) and/or by accessing the European Commission’s website for online dispute resolution, at the following address: http://ec.europa.eu/odr. You are free to accept or refuse recourse to mediation and, in the event of mediation, each party is free to accept or refuse the solution proposed by the mediator.

General provisions

These Terms of Use, together with any additional or different terms agreed to in connection with specific Services or Products, constitute the entire agreement between NEW DAY and you with respect to the Services, Products and Content and supersede any prior agreements, oral or written, between NEW DAY and you with respect to the Services, Products and Content. If any provision of these Terms of Use is determined to be illegal, invalid or unenforceable, then that provision or portion thereof shall be enforced to the maximum extent permissible and shall be deemed severable from these Terms of Use. The other provisions of the Terms of Use shall remain in full force and effect. NEW DAY may freely and without restriction assign or transfer these Terms of Use. These Terms of Use shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other messages sent by NEW DAY under these Terms of Use, including those regarding changes to the Terms of Use, must be sent: (i) by NEW DAY by email; or (ii) by posting on the Services. For notifications made by email, the date of receipt will be deemed to be the date on which such notification is received on the server of your email service provider. NEW DAY’s failure to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. A waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of NEW DAY. Except as expressly provided in these Terms of Use, the exercise by either party of any remedy provided by these Terms of Use shall not affect its other remedies provided by these Terms of Use or otherwise. The section headings in these Terms of Use are for convenience only and have no legal or contractual effect. Unless otherwise specified herein, these Terms of Use are for the benefit of the parties only and are not intended to confer any third party beneficiary rights on any other person or entity. You agree that exchanges and transactions between us may be conducted electronically.

Contacting us

If you have any questions about these Terms of Use or the Services or Products, you can write to NEW DAY at contact@newdaycare.fr.
NEW DAY is a French company (registration number 891 570 087 00025 ), whose registered office is located at 31 rue Soeur Bouvier, 69005 Lyon, FRANCE. The publication director of NEW DAY is the director and founder, Rudy Charlery.