1. PUBLISHER INFORMATION
ALCHIMIE – a French company registered under the number 420 919 904 / VAT Registration n° FR47 420919904, with headquarters at 43-45, avenue Victor Hugo – Parc des Portes de Paris – 93534 Aubervilliers Cedex, FRANCE (the 'Publisher'). Publishing Director Mr. N.dHueppe.
Publisher proposes WATCH IT! a subscription service offering on demand video streaming and live channels (hereafter referred to as the “Service”).
1.2 Hosting : AKAMAI TECHNOLOGIES - 121 Av. des Champs-Élysées, 75008 Paris – France.
1.3 Customer Service Contact Information
| ALCHIMIE |
Service Client BP 60270 AUBERVILLIERS
93534 LA PLAINE SAINT DENIS CEDEX FRANCE
|unsubscription Text Command||Send STOP by SMS to 62442 (message free of charge|
* 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. SERVICE AND ACCEPTANCE
2.1 The pay Service offered by Publisher is available via the application WATCH IT! and at the following address http://www.watch-it.tv. The Service allows subscribers to obtain unlimited access to a streaming video and live channels offer accessible via Internet 24h/24h from the devices set out in section 3.1.
2.2 Acceptance By subscribing the Service, you certify that you are over 18 years of age and that you accept the present Terms of Service.
2.3 Payment. TThe payment of the Service price is exclusively possible through the PayForIt trusted payment framework (on the invoice of the mobile operator of the subscriber). As such, the Service is regulated by the Code of Practice issued by the Phone-paid Services Authority (PSA) regulating premium in the U.K. The payment transactions as referred above are governed by the terms and conditions agreed between the user and mobile network operator. Users of the Service are encouraged to refer to these terms and conditions.
2.4 Changes.The Publisher reserves the right at any time to modify these Terms of the Service. Subscribers will be notified by the Publisher in case of change.
2.5 Minors. Access to the Service is only permitted for adults. Minors are allowed to use the Services provided that they have first obtained permission from their parents (or the person exercising parental authority). As legal guardians, it is the parents’ responsibility to look after the use of their mobile phone by their children. Any subscription to a Service by a minor implies he or she has obtained this prior authorization. The Publisher may ask for any proof at any time. According to mobile network operators' agreements, any action or transaction from a mobile terminal identified on a specific mobile line is deemed to have been made by the declared holder of said line. Therefore, in the event a third party has used user’s telephone without its knowledge, Publisher shall not be held responsible. As owner of the SIM card and Mobile/Cell phone, the user is solely responsible for its use.
3. SERVICE DELIVERY
3.1 Service access
Service access will be subject to weekly or monthly payment as indicated in article 3.2. Pricing and payment conditions are brought to user’s knowledge before subscription, on the Service home page or on any other communication support used by Publisher and will be a complement to the present Terms of Service. Publisher reserves the right to practice free trial periods.Technical requirements:
In order to use the Service, the end-user needs a high speed internet connection and a compatible device as indicated below. The Service is available on the following devices: - on smartphones running Android or iOS as operating system, with the official WATCH IT! application available on related app stores (Google Play, AppStore); - on personal computers (Windows, Mac OS, Linux) using a compatible internet browser (Firefox, chrome, Internet Explorer) on the WATCH IT! website; - on tablets or smartphones running iOS, Windows mobile or Android (Kindle Fire is not compatible with the Service) through their native internet browser on the WATCH IT! website; - on Android TV smart TV (5.0 or above) or TV connected with OTT box running Android TV (5.0 or above) with the official WATCH IT! Android TV application (available on Google Play). Users are encouraged to check the compatibility of their device before subscribing to the Service.Data usage
Any data usage incurred by the use of the Service is user’s responsibility. Please contact your mobile network operator if you have any doubt regarding the amount of mobile data that is or is not included in your plan. Service failures due to non-respect of the present Terms of Service and/or improper configuration of the user’s device or to its incompatibility with the Service, or by any Network Operator or any other third party responsibility failures, will not be subject to any refund by the Publisher.
3.2 Service Subscription
To subscribe Service weekly or monthly plan, users must follow and respect the steps as indicated in the Service. To signify their acceptance to the subscription offer, users must either click on the related button which will be on Publisher’s Service advertising mobile web page, or enter their mobile number and then a validation code received by SMS. These steps confirm user’s acceptance of the pricing and renewable charging for the Service. These positive user-initiated actions on the mobile handset are the only means by which a subscription to the Service can be created. The recurring payment is processed by mobile network operators through the PayForIt trusted payment framework. The Service subscription will be charged to user’s mobile network operator account either by adding the charges to its monthly invoice or by deducting the charges from its prepaid mobile credit and will provide unlimited access to the Service for the duration of the subscription Every weekly or monthly Service subscription will be automatically renewed if not unsubscribed before the last day of the running period. After subscription, a confirmation message might be sent to subscribers by Publisher. For this purpose subscribers need to provide a valid e-mail address during the subscription flow. Subscribers will also be able to retrieve this confirmation from “Your account” section. Considering this, every subscriber is obliged to provide the Publisher a personal and valid e-mail address. Otherwise, the Publisher shall not be held responsible for the lack of delivery of the said subscription confirmation.
3.3 Service useOnce Service subscription is validated and related user account is created, subscribers gets immediate access to the Service. The subscribing user can get access alternatively to the Service via various terminals with the same user account. Nevertheless the service will not be available simultaneously on several terminals via the same user account. Use of the Service is allowed only within the family circle. Therefore, usage outside of this framework, and particularly public broadcasting, is expressly prohibited.
3.4 Termination of subscription:
WARNING: the uninstallation of WATCH IT! application on user device or the fact to delete the Service's Shortcut icon on user’s terminal will not terminate the subscription to the service. In order to terminate his subscription the user must respect the following process.
3.4.1 Subscribers can terminate their Service subscription paid via their mobile network operators by sending STOP by SMS to the number 62442 (message free of charge).
3.4.2 Subscribers can also terminate their subscription at any time from the section “My Account” (or similar) in the “settings” menu of the Service.
3.4.3 The Service is a subscription based upon indivisible periods. The Service subscription is automatically renewed on the last day of the period unless user has terminated his subscription to the Service before the last day of the running period. Such termination will be effective at the end of the period in progress, with no right to any refund (even partial). Publisher reserves the right to end the Service subscription at its will.
The Service subscription is automatically renewed on the last day of the period unless user has terminated his subscription to the Service before the last day of the running period.
Such termination will be effective at the end of the period in progress, with no right to any refund (even partial).
Publisher reserves the right to end the Service subscription at its will.
4.1 No withdrawal right
The Service offers digital contents and services and their delivery to the user is immediately executed. As a consequence, according to applicable regulations, the Service is not subject to the 14 days cancellation period. 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.
4.2 Duration and trial offers
Publisher offers subscriptions to the offers of the Service for a duration indicated in the offers, either weekly or monthly
Publisher may propose from time to time temporary trial offers, for various durations. Unless otherwise stated, those trial offers are subject to the Terms of the Service and are limited to a unique entry per user (same phone number, IP address or email) regardless the applicable trial offer. In absence of termination before the end of trial offer as described in section 3.4, the subscription is automatically renewed at the price stated in the offer.
Unless terminated by Service subscribers pursuant to the terms of article 3.4, running Service subscriptions and/or to options are automatically renewed for the same term as initially subscribed. In case of renewal, the price applicable on the date of the initial subscription will be applied to the subscriber. Any price increase shall be subject to subscriber’s prior approval. Unless otherwise stated in the advertisements and unless terminated by users pursuant to the terms of article 3.4, trial offers are automatically transformed into subscription at the price and for the duration stated in the offers.
5. PERSONAL DATA AND PRIVACY
5.1 Information. Disclosure Unless terminated by Service subscribers pursuant to the terms of article 3.4, running Service subscriptions and/or to options are automatically renewed for the same term as initially subscribed. In case of renewal, the price applicable on the date of the initial subscription will be applied to the subscriber. Any price increase shall be subject to subscriber’s prior approval. Unless otherwise stated in the advertisements and unless terminated by users pursuant to the terms of article 3.4, trial offers are automatically transformed into subscription at the price and for the duration stated in the offers.
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 useUsers 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.
5.4 Cookies: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 Publisher declines any responsibility in the event of false or erroneous statements by the users.
6.2 Users represent being aware of the characteristics and limits of mobile and internet telecommunication networks, and acknowledge that:
- the technical reliability of data transmission on mobile and landline telephone networks is limited, as these are heterogeneous networks with diverse technical characteristics and capacities that may be saturated or unavailable during certain times of the day;
- the equipment with which users sign in and uses the Service is under their entire responsibility, and the Publisher will not be responsible for any damage that could happen to their device, or to third parties, resulting from using the Service, or resulting from non-authorized use of its terminal by a third party.
6.3 The Publisher shall not be held liable by users for one or several of the above-mentioned events or acts
6.4 Service subscribers acknowledge and accept that the digital records collected and stored by Publisher and/or its partners will be considered as evidence of communications, orders, approvals and payments occurred between them and Publisher. These records are deemed to be authentic information between Service subscribers and Publisher, unless for Service subscribers to provide written evidence to the contrary.
Users accessing the Service acknowledge that they are forbidden:
- to extract or attempt to extract the content of the Service, in particular the audiovisual programs that compose it.
- to copy, permanently store, sell, transmit, transfer copies, propose, provide, rent or give for free the content of the Service, in whole or part, or any other element composing the Service.
- to publish, online or offline, or to distribute any image, sound, file, graphic, animation or any other component of the Service or its contents.
- to engage any public representation or exploitation of any component of the Service or its contents.
- to impair Publisher’s databases.
- to gain access or maintain access fraudulently in the computer systems of the Publisher or its subcontractors.
7. INTELLECTUAL PROPERTY
7.1 Service and all of its components, notably videos, and other content made available by Publisher are protected by international intellectual property laws. User is not allowed to impair Publisher’s intellectual property rights pertaining to the distribution of Service or its components as examples, shall not directly or indirectly redistribute, decompile, reverse engineer, modify in any manner whatsoever, or breach the integrity or security of this Service or the content of the Service. In case of breach, user’s liability may be invoked.
User is not allowed to impair Publisher’s intellectual property rights pertaining to the distribution of Service or its components as examples, shall not directly or indirectly redistribute, decompile, reverse engineer, modify in any manner whatsoever, or breach the integrity or security of this Service or the content of the Service.
In case of breach, user’s liability may be invoked.
7.2 Videos pertaining to the Service have all been properly licensed by the copyright owners to the Publisher.
8. AVAILABILITY, CONTINUITY, AND EVOLUTION OF THE SERVICE
8.1 Services offered by Publisher are available to users 24 hours a day, 7 days a week, except in case of maintenance operations by the Publisher and/or the telecommunications operators, or in the case of disruption due to the telecommunications networks, or in cases of force majeure.
8.2 The Publisher reserves the right to develop the Service, to modify its various aspects, or remove them without any restriction or prior warning whatsoever. In the same way, the Publisher reserves the right to modify the rates schedule applicable to the Service, subject to any possible rights that the users have acquired in the scope of the Services that have effectively been paid for at the modification date. These modifications may be made without prior notice and without compensation from the Publisher.
The Publisher reserves the right to cancel this Service agreement, without formalities and with full entitlement, without compensation or right to reimbursement, in case of breach of these Terms of Service. Users are entitled to terminate this agreement at any time by following the instructions indicated in article 3.3.
10.1 Updating of the Terms of Service: The Publisher will regularly update the terms of the present Conditions of Use in order to incorporate legal, regulatory, and jurisprudential evolutions, as well as evolutions in the service.
10.2 Claims: The user should make any complaint and/or dispute with respect to the Publisher within a maximum of six months following the event that triggered their complaint, or else lose this right. Complaints must be submitted in writing to ALCHIMIE - Service Client- BP 60270 AUBERVILLIERS 93534 LA PLAINE SAINT DENIS CEDEX, FRANCE, or by email to: firstname.lastname@example.org The Publisher will not respond to requests made by any other means (whether that is electronic or otherwise).
All requests must include the following elements:
- The name of the service concerned
- The subject of the claim
- The mobile number, and user's terminal
- Full details (name, address) of the user
- Date and time of the subscription
- Proof of connection to the Service (eg copy of the invoice of the mobile operator).
Insofar as the request is valid and includes all the elements required, Service subscribers will be entitled to a refund in respect of technical problems encountered with the Service, excluding any other compensation of any kind. Service subscribers are reminded that Service failures due to improper configuration of the user’s mobile phone or to its incompatibility with the Service, or by any Mobile Network Operator or any other third party responsibility failures, will not be subject to any refund by the Publisher.
10.3 Service disruption:The Publisher reserves the right to temporarily suspend service or certain functions without prior notice, without this non-availability of service resulting in any compensation whatsoever.
10.4 Force Majeure: The parties will neither be held responsible, nor considered as having failed to respect the present Conditions of Use, for any delay or non-execution, in the event that the cause of the delay or non-execution is related to a case of Force Majeure as defined by the jurisprudence, including non-availability of equipment, supply, parts, personal or other equipment, and electrical or other disturbances, disruption, suspension, and reduction, and any telecommunications network disruptions.
10.5 Law and jurisdiction: These Terms of Service are governed by English Law. The Parties hereto irrevocably submit to the exclusive jurisdiction of English and Welsh Courts.