General terms and conditions of use
1. INFORMATION EDITOR - HOST
1.1 Service Editor:
ALCHIMIE – simplified joint stock company with a capital of €3,500, 000 – Trade and Companies Register Bobigny No. 420 919 904 / Intracommunity VAT No. FR47 420919904 - 43-45, avenue Victor Hugo – Parc des Portes de Paris – 93534 Aubervilliers Cedex [“the Editor”], Publishing Director: M. N.d’Hueppe.
The Editor proposes The Big Issue a subscription service offering on demand video [the « Service »].
1.2 Service Host:
AKAMAI TECHNOLOGIES - 121 Av. des Champs-Élysées, 75008 Paris – France
1.3 Customer Contact:
* From 9am – 5pm AEST from Monday to Friday - excluding public holidays. Outside these hours, you can leave us a voicemail message. You will be provided with a first response within two business days.
1.4 Alternative dispute resolution (ADR):
In case of non- settlement of a dispute between Service subscribers and the Publisher, Service subscribers can contact one of the two entities which offer ADR services:
- ‘Ombudsman Services: Communications’ http://www.ombudsman-services.org/communications.html
- ‘Communications and Internet Services Adjudication Scheme’ (CISAS). http://www.cisas.org.uk/
2. PURPOSE OF THE SERVICE AND ACCEPTANCE
The Service is paying and is accessible via the Internet at http://www. thebigissue.tv. The Service allows the subscriber unlimited access, either from a compatible mobile phone that allows videos streaming, or from a smart Android TV, a compatible Android box, or a personal computer, to a video streaming offering that is accessible 24 hours a day via the Internet.
These General Terms and Conditions of Sale (GTCS) aim to govern the relationship between the Service’s subscribers and the Editor. Subscription to the Service implies the full and unreserved acceptance of these GTCS by users.
2.3 Payment methods.
The Service is payable via the website http://www.thebigissue.tv solely by direct debit following the different methods presented in article 3.2.3.
The payment operations referred to in article 3.2.3 are governed by the sales conditions agreed between users and their payment method supplier (PayPal, Credit card). By virtue of this, the Service’s users are asked to consult these sales conditions.
The Editor reserves the right to modify these GTCS at any time. Subscribers will be notified by the Editor in the event of any modification.
Access to the Service is reserved for adults. Minors are allowed to use the Service provided that they have obtained the prior authorization of their parents (or persons with parental authority). It is recalled that as their legal guardian, parents are responsible for supervising the use their children make of the Service. Use of the Service by a minor implies that the latter has obtained this authorization. The Editor reserves the right to request written proof of this at any time.
3. PRINCIPLE AND FUNCTIONING OF THE SERVICE AND PAYMENT METHODS
3.1 Access to the Service
Access to the Service is subject to payment according to the terms of article 3.2 below.
Details of the offers, in particular the price and payment methods, are indicated on the Service’s home page, or in all other communication tools created by the Editor, and complete these CGTS.
In order to be able to use the Service, the user must have a broadband Internet connection and a compatible terminal as mentioned below.
Access to the Service is possible from:
- a personal computer (Windows, Mac OS, Linux) via a compatible web browser (Firefox, Chrome, Explorer);
- a tablet running on iOS, or Android (with the exception of Kindle Fire) via the native web browser or the Service’s dedicated app;
- a mobile telephone running on iOS or Android that allows video streaming;
- a smart TV, Android TV, or Android TV box that allows video streaming via the Service’s dedicated app.
Users are asked to check the compatibility of their terminal before using the Service.
Consequently, the Editor may not be held responsible for any consequences resulting from the users’ non-compliance with these conditions.
With regard to this, users are informed that, in the case of any errors by them, they will be invoiced the price of the Service, including if their terminal is not compatible with the Service.
The Editor undertakes to ensure the delivery of the Service. However, the Editor may not be held responsible for transmission delays or failures caused by network disturbances. In particular, the Editor cannot guarantee users a reception time or the good reception of products broadcast via electronic communication networks.
3.2 Subscription to the Service
3.2.1 Users already subscribed to the Service can access the latter from the website http://www. thebigissue.tv via the browser of their compatible terminal by entering their login details.
3.2.2 When using the Service for the first time on this website, non-subscribed users are asked to subscribe to the Service. To do this, users must have a payment method that can be used on their terminal:
- either a credit card;
- or a PayPal account.
3.2.3 Once these conditions have been met, users may subscribe to the Service according to one or more of the following methods (subject to being available in the Service):
- Payment by credit card or bank debit: The subscription is subscribed to according to the methods described on the Service and its price is debited directly from the user’s bank account.
- Payment via a PayPal account: The subscription is subscribed to according to the methods set up by the PayPal payment service and its price is debited from the user’s PayPal account.
Payments made using the methods above are governed by the respective conditions that apply for each of the entities that control them (banks, etc.) and which users have accepted by virtue of the provisions above.
3.2.4 Users are asked to create an account by supplying a valid email, selecting a password, and completing their profile.
3.2.5 Subscription to the Service via this website is subject to a confirmation message sent by the Editor to the subscriber by email. The subscriber is required to provide the Editor with a personal and valid email address. Failing this, the Editor may not be held responsible for a failure to deliver the afore-mentioned order confirmation.
3.3 Using the Service
Once the subscription to the Service has been validated and the users’ identity has been confirmed, users benefit from immediate access to the Service.
Subject to the Editor preserving the possibility, subscribers may, alternatively, access the Service from several terminals with the same user account. Nevertheless, the Service is only accessible simultaneously via one sole connection at a time. The Editor uses the technical resources required to prevent multiple simultaneous connections from the same account.
3.4 Unsubscribing from the Service
In order to cancel the subscription subscribed to via the present website, users must comply with the conditions described below.
3.4.1 In general, users can manage and, in particular, cancel their subscription to the Service at any time directly from the “My Account/My Subscriptions” section (or similar) in the Service’s “Settings” menu, or by visiting the following web page: http://www.thebigissue.tv/gb/unsubscribe.
3.4.2 According to the payment method selected by users to subscribe to the Service via this website, the specific unsubscribe conditions below are also available:
- In the case of payment by credit card or bank debit: unsubscribe is possible at any time following the conditions recommended by the user’s bank.
- In the case of payment via a PayPal account: unsubscribe is possible at any time following the conditions recommended by the PayPal payment service.
3.4.3 The cancellation of the subscription to the Service should be implemented before the final day of the period in progress. Cancellation becomes effective at the end of the period in progress. Users can access the Service up until the actual date of cancellation. No partial refund of the price of the Service is possible.
4. DURATION AND RENEWAL
4.1 Absence of the right of withdrawal
The Service offers electronic content that is not available on a material support, and which is delivered immediately to users.
Consequently according to applicable regulation, the Service is not eligible for the right of withdrawal period of 14 days.
User has been informed and has accepted to waive his right to cancel during the subscription course when the user has subscribed to the Service. This will be reminded into the confirmation email sent to subscribers according to article 3.2.
The Editor offers a subscription that allows unlimited access to the Service’s offers by tacitly renewable periods of a duration that are determined in each offer.
The Editor can offer free discovery periods (first week free). These offers are valid once only when subscribing to the Service for the first time. In the absence of a cancellation before the end of the promotional period in accordance with the terms described in article 3.4, the subscription is renewed automatically at the price indicated in the offer.
Unless cancelled by the subscriber under the conditions of article 3.4, subscription to the Service and/or any options is renewed tacitly for a period identical to that initially subscribed to.
In the case of tacit renewal, the price in force at the time of the initial subscription will be applied in full to the subscriber. Any price increase will be subject to the subscriber’s express agreement.
Unless otherwise stipulated in sales communication documents and unless cancelled by the subscriber under the conditions of article 3.4, any offer to test the Service is transformed into a subscription at the price and for the period indicated in the offer.
5. PERSONAL DATA AND PRIVACY
5.1 Information. Disclosure
Publisher may collect subscribers’ personal data (i) directly from users (ie. their email and/or mobile phone number) in the course of Service subscription or (ii) indirectly from users’ mobile network operator through the Payforit payment scheme (ie. user’s mobile phone number).
Apart from these data, the Publisher does not collect or hold any other personal information regarding Service subscribers. In particular Publisher does not hold any payment data or bank details as the payment for Service fees is provided by trusted and authorized third parties (mobile payment operator or other payment processors as available from time to time on the Service).
The personal data are collected and processed by Publisher for the purpose of (i) the performance and the provision of the Service to subscribers (ii) the collection of subscriber’s payments (iii) the provision to subscribers of with relevant information or recommendations regarding the Service.
In case Service subscribers to contact Publisher’s customer support service, additional personal data may be collected for the purpose of the processing of subscribers’ requests, such as their first name and last name, postal address, contact email, phone number and bank details (for refund purpose).
These personal data are securely stored on Publisher’s servers located in France or in the UK.
5.2 Users’ rights.
According to the Data Protection Act, Publisher hereby informs users of their rights of access, correction and deletion of their personal data. These rights may be exercised by contacting Publisher as indicated in article 1.3. Nevertheless, the Publisher reserves the right to disclose information about Service subscribers to applicable regulatory, law enforcement or government bodies where any of subscriber’s actions have breached these Terms of Service or where Publisher is required by law to disclose this information.
5.3 Promotional use.
Users are informed and accept that Publisher is entitled by law to send them, in reasonable number; advertising messages for its own services, mainly by email, SMS or notification, provided their email or mobile phone number has been transferred to Publisher for this purpose or provided the user has purchased a paid services. Users may request Publisher to stop receiving such advertising messages either by written request sent to Publisher’s email or post mail contacts, by sending the keyword STOP by SMS to the transmitting short SMS number for advertising message by SMS, by opting out from the Unsubscribe link in an advertising email, or by deactivating the notification features inside the Watch It! application, if existing.
6. USERS STATEMENT AND LIABILITY
6.1 The Editor declines all responsibility in the case of a false or incorrect declaration by a user.
6.2 Users declare that they have understood the characteristics and limits of mobile communication and internet networks and acknowledge:
- that the transmission of data on mobile and fixed telecommunication networks only benefits from relative technical reliability, with it circulating on heterogeneous networks with varied technical characteristics and capacities, that are sometimes saturated or unavailable at certain times of the day;
- that equipment users employ to connect to and use the Service is under their full responsibility and, consequently, the Editor is in no way responsible for any damage that may occur to their equipment or to third parties as a result of using the Service or resulting from the unauthorized use of their terminal by a third party.
6.3 Users will not hold the Editor responsible for one or more of the facts or events mentioned above.
6.4 Users are solely responsible for the information sent in the frame of using the Service and guarantee its authenticity to the Editor. Users guarantee that they are the personal holders of the credit cards or PayPal accounts used when subscribing to the Service. Failing this, users guarantee that they have obtained the authorization from the payer, namely the person that actually holds the credit card or PayPal account that will be invoiced for the Service.
Users that access the Service understand that it is forbidden for them to:
- copy and store definitively, sell, transmit, transfer copies, offer, provide, rent or give all or some of the television content and/or programs broadcast in the frame of the Service or any other element that makes up the Service;
- publish, whether online or not, or distribute any image, sound, file, graphic, animation, or any other element that makes up the Service or its content;
- publicly use any element that makes up the television programs, Service or its content;
- damage the database used by the Editor;
- access or fraudulently remain in the computer systems used by the Editor in the frame of the Service.
Users are informed that any violation of these provisions may incur their civil and criminal liability. The Editor may not in any way be held liable for any use made of the Service and/or its content that is in violation of these GTCS.
7. INTELLECTUAL PROPERTY
7.1 The entire Service and, in particular, any content broadcast by the Editor is protected by French and international law concerning intellectual property.
Users shall refrain from violating the Editor’s intellectual property rights pertaining to the Service, the television programs and the content broadcast. By virtue of this, they undertake, in particular, to not rebroadcast them directly or indirectly to third parties, to not modify them in any way, and to not violate their integrity or security.
Users may be held liable for any violation.
7.2 All of the content distributed on the Service is subject to an operating license granted by the beneficiaries to the Editor and, consequently, is used legally.
8. AVAILABILITY, CONTINUITY AND UPGRADING OF THE SERVICE
8.1 The Service is available to users 24 hours a day 7 days a week except in the case of technical maintenance by the Editor and/or intermediary operators, telecommunication network disturbances, and cases of force majeure.
8.2 The Editor reserves the right to upgrade the Service, modify different aspects of it, or delete it without any restriction. Also, the Editor reserves the right to modify the price of the Service subject to the eventual rights acquired by users by virtue of the Service paid for on the date of the modification. All these modifications may intervene without prior notice, or payment of any compensation by the Editor.
Users may put an end to their subscription to the Service at any time by following the procedures described in article 3.3.
The Editor reserves the right to cancel the agreement to use the Service without formality and in full accordance with the law, without payment of any compensation and without any right to a refund, in the event of a violation of one of the clauses of these Terms and Conditions of Use.
10. MISCELLANEOUS PROVISIONS
10.1 Updating of the Conditions of Use.
The Editor will regularly update the terms of these Conditions of use in order to take account of legal, regulatory, and jurisprudence changes, as well as changes in the Service.
Any complaint and/or dispute by the user concerning the Service must be sent to the Editor by post or electronic mail to the addresses provided in article 1.3.
The Editor will not be required to reply to requests sent to it using other methods (email sent to incorrect addresses, SMS, social media, etc.). Each request must contain the following elements:
- the name of the service concerned and the invoice reference number allocated by the operator;
- the subject of the request;
- the number, operator and the user’s type of terminal as provided at the time of subscription;
- the user’s full contact details (surname, first name, postal address);
- the date and time of the order;
- the payment method used;
- proof of connection to the Service (e.g.: a copy of the mobile telecommunications operator’s invoice);
- bank details.
Provided that the Editor deems the request to be founded and subject to it containing all of the elements required, users may claim a refund of the price including VAT paid for the faulty Service, excluding any repairs of any sort. It is recalled that failure to use the Service owing to the incorrect configuration of the user’s terminal or its incompatibility with the Service will not be subject to any refund by the Editor.
10.3 Interruptions to the Service.
The Editor reserves the right, for maintenance reasons, to momentarily suspend access to the Service or certain of its functions without prior warning, with the Service’s non-availability not entitling users to any compensation.
10.4 Force majeure.
The parties will not be held responsible and will not be considered as having violated these Conditions of Use for any delay or non-execution, when the cause of the delay or non-execution is a result of a case of force majeure as defined by jurisprudence, including the non-availability of equipment, supplies, spare parts, personal equipment or other, and the interruption, suspension, reduction, any electrical or other disturbances, and any interruptions to the telecommunications networks.
10.5 Applicable law and competent jurisdiction.
This contract is governed by French law. Any dispute concerning the validity, interpretation, or execution of this contract, and after the failure to find an amicable settlement, will be referred to the competent courts.