Terms and Conditions
1. Scope of Application
1.1. The following Terms and Conditions (hereinafter “TAC”) govern all contracts concluded between Jardin Musical ASBL, Quai aux Briques 62, 1000 Bruxelles, represented by its administrators Julien Brocal and Benjamin Prunet (hereinafter “JARDIN MUSICAL”) and the CUSTOMER as defined in Section 3.1 regarding services offered at www.jardinmusical.tv and www.jardinmusical.org. Further information regarding the identity and the contact details of JARDIN MUSICAL can be found in the provider identification.
2. Streaming Services
2.1. At www.jardinmusical.tv (currently redirecting to www.jardinmusical.org), JARDIN MUSICAL provides free and fee-based access to recordings of subscription and non-subscription concerts and other contents by the Jardin Musical for streaming over the internet. In the archive, recordings of concerts will be offered as videos on demand. Access to the live concerts is granted by means of a live stream.
2.2. JARDIN MUSICAL's video signal is produced in High Definition and has been encoded for internet streaming. Depending on the CUSTOMER's internet connection, he may choose from a range of different quality levels of transmission.
2.3. JARDIN MUSICAL shall decide independently which concerts are offered as live streams or as video on demand at www.jardinmusical.tv. The CUSTOMER shall not be entitled to claim that certain concert recordings are being made available at www.jardinmusical.tv, even if JARDIN MUSICAL previously announced such availability. Furthermore, JARDIN MUSICAL reserves the right to remove certain content from the archive for legal reasons and/or to exclude certain regions from the offer of streaming services for legal reasons (Geoblocking).
2.4. The provision of internet access that is necessary for the use of the streaming services defined in Sections 2.1 and 2.2 shall not be subject to the contract between the CUSTOMER and JARDIN MUSICAL.
3.1. The CUSTOMER may use the streaming services offered by JARDIN MUSICAL only upon prior registration as a user on www.jardinmusical.tv. Only major persons who are also legally competent may register.
3.2. Registration is effected by means of the CUSTOMER's Internet-enabled devices on www.jardinmusical.tv. In order to register, the COSTUMER has to provide the following data: first name, surname, email address, phone number, country and a password.
3.3. When submitting the completed registration form, the CUSTOMER accepts this agreement regarding the access to the contents of www.jardinmusical.tv and the use of streaming services (hereinafter “AGREEMENT OF USAGE”).
3.4. The CUSTOMER ensures that all data entered during registration is correct and that he has not used data of a third party. The CUSTOMER shall inform JARDIN MUSICAL immediately of any changes to the data.
4.1. The use of the streaming services is limited to certain content and time. The CUSTOMER may only stream videos for private use.
4.2. JARDIN MUSICAL offers the CUSTOMER the following types of use:
4.2.1. With the purchase of a ticket, the CUSTOMER receives access to the concert recordings available at www.jardinmusical.tv's archive as well as to a certain number of live concerts during the period of validity of the ticket. The period of use does start with the purchase of the ticket, with unlimited viewings of the related content, until the suppression of the content from the archive.
4.2.2. If the CUSTOMER subscribes to the Membre / Member 12 months membership offered by JARDIN MUSICAL, he may use all streaming services at www.jardinmusical.tv upon payment of a monthly fee or a single payment. The period of use commences upon receipt of payment of the first monthly fee and ends one month after the last monthly fee has been received. The subscription can be cancelled in the last month before the end of the 12 months, otherwise the subscription will be automatically reconducted for another period of 12 months. Cancellation shall require text form (in writing, no signature required, e.g. email, fax) to be effective.
4.3. The CUSTOMER may not misuse the streaming services. In particular, he is prohibited from
recording the concerts in full or in part;
using the stream for commercial purposes or for public performance, publicly broadcasting it or distributing it in any other way; or
reproducing the stream.
4.4. If the CUSTOMER breaches the duties defined in Section 4.3, JARDIN MUSICAL may block the CUSTOMER's access and terminate the AGREEMENT OF USAGE for cause.
5. Purchase of tickets, contents, and subscriptions to the Membre / Membre membership
5.1. Tickets, contents and subscriptions can only be purchased after prior registration as a CUSTOMER of www.jardinmusical.tv. In order to buy a ticket, content or subscribe to the ROUND UP membership to the streaming services, the CUSTOMER chooses the ticket, content or the subscription by following the website procedure. This process does not constitute a contractual offer.
5.2. Upon receipt of the order and after payment as defined in section 9, the CUSTOMER will receive an automatically generated email from JARDIN MUSICAL, confirming the receipt of the order. This receipt confirmation constitutes the acceptance of the contractual offer and concludes the purchase of the ticket, content or subscription (hereinafter “PURCHASE AGREEMENT”). At the same time, the ticket or content will be saved in the user account and/or the subscription will be activated.
6. Right of Revocation
If the CUSTOMER is a consumer, he has the right to revoke his subscription to the ROUND UP membership within 14 days after subscribing. However, according to article VI.53. 13° of the code de droit économique, the CUSTOMER has no right of revocation for the purchase of tickets and contents.
The right of revocation terminates as soon as JARDIN MUSICAL has completely delivered the streaming services.
7. Use of the Streaming Services, Technical Requirements
7.1. The streaming services are offered for access at www.jardinmusical.tv.
7.2. For trouble-free reception, the CUSTOMER needs an internet connection with a minimum bandwidth of 2000 Kbit/s. However, a bandwidth of 6000 Kbit/s or more is recommended.
7.3. Streaming services can also be accessed by means of certain television sets, Blu-ray players, mobile devices and audio systems equipped with an integrated internet connection. This offer is non-binding, may vary and may be revoked at any time by JARDIN MUSICAL.
7.4. The CUSTOMER can access the streaming services of JARDIN MUSICAL on multiple devices. Simultaneous streaming is possible.
8. Prices and Tickets
The price of tickets, contents and subscriptions and their term are apparent from the presentation of the products. All prices are gross prices including the respective statutory VAT valid at the time of order.
9.1. The purchase price is to be paid in advance and is due immediately upon conclusion of the order.
9.2. The CUSTOMER can pay per credit card, Bancontact and PayPal.
9.3. Should the CUSTOMER not fulfil the payment duty or should amounts that already have been paid be returned or re-debited, JARDIN MUSICAL is entitled, reserving the right to assert further claims, to block the CUSTOMER's access to his account. Should the account be blocked due to outstanding debts, access shall again be granted if the debts are settled. The right to terminate the AGREEMENT OF USAGE pursuant to Section 13 shall remain unaffected.
10. Access Data
10.1. The access data (email address and password) may only be used by the CUSTOMER. The CUSTOMER may not pass the access data on to a third party. The CUSTOMER shall keep his access data secret and change or have JARDIN MUSICAL change the data, if he becomes aware that his access data has been misused. This also applies in cases that misuse is suspected.
10.2. The CUSTOMER is liable for all damages caused by a third party using his account, if and to the extent that he is to be held responsible for it. The CUSTOMER is responsible for proving that he is not culpable.
10.3. If the CUSTOMER substantially breaches the duties of care defined in Section 10.1, JARDIN MUSICAL may (temporarily) block the CUSTOMER's access. The CUSTOMER will be informed thereof by email.
11.1. JARDIN MUSICAL does not warrant or guarantee the proper functioning of the internet connection or the performance of the end device used.
11.2. JARDIN MUSICAL shall eliminate any technical malfunctions without delay if feasible. If a service malfunction results in the CUSTOMER not being able to use the video stream according to the terms of the AGREEMENT OF USAGE or if the possible use is considerably affected, JARDIN MUSICAL offers the following compensation:
11.2.1. If live streaming is not possible for technical reasons, JARDIN MUSICAL shall provide the CUSTOMER with the respective recording as a video on demand later on.
11.2.2. In case of a malfunction when streaming video on demand, JARDIN MUSICAL shall enable the CUSTOMER to access the stream later on.
12. Limitation of Liability
12.1. JARDIN MUSICAL shall be liable without limitation for damages due to intent or gross negligence on the part of JARDIN MUSICAL, its legal representatives or persons whom JARDIN MUSICAL uses to perform its obligation. To the extent the breach of the AGREEMENT OF USAGE is unintentional, JARDIN MUSICAL’s liability shall be limited to typically foreseeable damages at the conclusion of the AGREEMENT OF USAGE for ordinary negligent breach of such duties arising from the contractual relationship that make the proper performance of the AGREEMENT OF USAGE possible in the first place, the observance of which the contractual partner may regularly rely on and the violation of which puts the intended purpose of the AGREEMENT OF USAGE at risk (material contractual duties). Any liability not expressly provided for above – including the liability for persons employed in performing an obligation and vicarious agents – shall be disclaimed.
12.2. The limitation and exclusion of liability agreed upon in Section 12.1 shall not apply in cases of injury of life, body and health, in case of non-conformity of goods if JARDIN MUSICAL has given a guarantee for the quality of the product, or in cases where JARDIN MUSICAL fraudulently concealed the material defect of the product. The liability under the belgian law shall remain unaffected.
13. Termination of the AGREEMENT OF USAGE
13.1. The CUSTOMER may terminate the AGREEMENT OF USAGE anytime to the end of the month. His right to terminate for cause remains unaffected.
13.2. JARDIN MUSICAL may terminate the AGREEMENT OF USAGE anytime by giving 2 weeks notice to the end of the month, but at the earliest to the end of the validity period of any subscription acquired by the CUSTOMER pursuant to Section 4.2.2. The right of JARDIN MUSICAL to terminate for cause remains unaffected. In particular, JARDIN MUSICAL shall be entitled to terminate for cause if the CUSTOMER violates these TAC. In case of a termination for cause, all tickets and subscriptions that were valid at the time of the termination notice become invalid. Fees that already have been paid will not be refunded.
13.3. After cancellation of the AGREEMENT OF USAGE, the CUSTOMER will no longer be able to access his member services at www.jardinmusical.tv. His account will be deleted.
13.4. Any termination notice must be made in text form (in writing, no signature required, e.g. email, fax).
15. Data Protection
JARDIN MUSICAL collects and stores any data necessary for business purposes. When processing the personal data of the CUSTOMER, JARDIN MUSICAL complies with the applicable statutory provisions.
All text, images, graphics, and/or videos included in or made available through www.jardinmusical.tv and their arrangement and graphic presentation on the website are subject to German copyright law and further protection acts. The CUSTOMER may not use, distribute or modify any material made available on this website (e.g. text or graphics) without JARDIN MUSICAL’s explicit prior consent in written form (in writing, signature required).
JARDIN MUSICAL has the right to amend these TAC at any time, unless material stipulations of the contractual relationship (such as the nature, scope, term and cancellation) are concerned. Such amendments are necessary, inter alia, in case of regulatory gaps (e.g. by changes in the law; court decisions deeming these TAC void). The CUSTOMER will be notified of such amendments in text form (in writing, no signature required, e.g. email, fax) at the latest 6 weeks before they take effect. The amendments are deemed to be approved by the CUSTOMER if he does not object within 6 weeks after notification. If he objects, the amendments do not become part of the agreement between the parties, and the AGREEMENT OF USAGE remains unchanged. JARDIN MUSICAL will expressly point to the possibility of objecting and compliance within the 6 weeks term. The right of cancellation remains unaffected.
18. Applicable Law
These TAC, the AGREEMENT OF USAGE and all PURCHASE AGREEMENTS (for tickets, subscriptions, or vouchers) between JARDIN MUSICAL and the CUSTOMER shall be governed by the laws of Belgium. The Convention on Contracts for the International Sale of Goods does not apply.
19. Final Provisions
19.1. Any changes and supplements to the TAC shall require text form (in writing, no signature required, e.g. email, fax) to be effective.
19.2. Should any provision of these TAC be invalid, this shall not affect the validity of all other provisions of the TAC.
19.3. Where legally permissible the place of performance and exclusive place of jurisdiction for all disputes between the parties shall be Brussels.
20. Provider Identification
Our contact information is:
JARDIN MUSICAL ASBL, represented by its administrators Julien Brocal and Benjamin Prunet
Quai aux Briques 62
Register Number: 0742 627 842