GENERAL TERMS & CONDITIONS OF SALE
The Website is published by MOBILE4YOU (hereinafter referred to as « M4Y ») whose contact details appear in the « Publisher and Customer Service Info » menu and which offers users the opportunity to watch videos on demand in streaming, replay and live television on fixed, mobile and television terminals. The themes offered cover international news, politics, people, sport, extreme sport, humour, tutorials (do it yourself, decorating, cooking), cultural programmes, documentaries, entertainment (series, short films, films), cartoons and music.
Access to the services offered on the VEEDZ www.veedz.tv site accessible on the Internet and mobile Internet (hereinafter referred to as the » Website « ) implies unreserved acceptance of these provisions (hereinafter referred to as the » GTC « ).
All of M4Y’s commitments in terms of personal data protection, the rights you have in this respect and the conditions under which your personal data is collected, processed, stored and archived are available on the Website.
The GTC are established in French and available online from the Website. M4Y reserves the right to modify its GTC.
ARTICLE 0: DEFINITIONS
GTC: means the present general terms and conditions of sale.
ISP: refers to an internet service provider.
Content: means the video(s) on demand and/or short film(s) and/or series(es) offered to Users by M4Y. The videos on demand are intended to be viewed in streaming available on www.veedz.tv on their mobile Terminal as part of the Service on their Terminal.
M4Y: refers to the publishing brand.
Subscription: means taking out a daily subscription, for a minimum period of one day (depending on the package taken out), enabling the User to benefit from the Service and to access the Content on an unlimited basis as part of the Subscription. The Subscription is renewed by tacit agreement for successive periods of one day, as the case may be, until it is cancelled by the User under the conditions specified in the GTC.
Service: means the offer of Content made by M4Y to Users as part of a Subscription.
SMS-MO (or Short Message Service Mobile Originated): means an SMS sent from a User’s mobile phone.
SMS-MT (or Short Message Service Mobile Terminated): means an SMS received on a User’s mobile phone.
Website: means the website and/or landing pages published by M4Y on which the Content is offered.
Promotional Material(s): refers to the material on which M4Y promotes its Service. This may include newsletters, websites, web pages and mobile banners.
Terminal: means Fixed Terminals and Mobile Terminals.
Fixed Terminal: means any fixed terminal, present or future, connected to a radio telecommunications network, including in particular any computer (in particular a PC or MAC) or compatible connected TV allowing access to the Service.
Mobile terminal: means any current or future mobile terminal connected to a radio telecommunications network, including in particular any smartphone or compatible connected tablet enabling access to the Service.
User(s): means the person(s) having subscribed to the Service.
ARTICLE 1: PURPOSE
The purpose of these GTC is to govern the conditions under which the Service is offered to Users, this Service allowing Users to view Content in streaming, replay, live television, on fixed, mobile and television Terminals. The Service offered by M4Y is a service accessible by subscribing to a Subscription. Subscription can be taken out via the www.veedz.tv website, the promotional web pages or via the Applications. The Subscription is invoiced to the User via the Mobile Operator payment solutions or by direct debit from the User’s bank card.
The mere fact of using the Service implies pure and simple acceptance of these GTC by the User.
ARTICLE 2: CONDITIONS OF USE OF THE SERVICE
2.1. Access to and use of the Service are reserved for natural persons of legal age.
If the User is a minor, the User declares and acknowledges that he/she has obtained prior authorisation from his/her parents or guardian(s) to register and use the Service. The holder(s) of parental authority has (have) agreed to be guarantor(s) of the User’s compliance with all the provisions of these GTC. The holder(s) of parental authority is (are) invited to monitor their children’s use of access to the Service and to bear in mind that the Service is designed to reach a wide audience. In their capacity as legal representative, it is the parents’ responsibility to determine which Service is or is not appropriate for their child(ren) and to monitor their use of it.
For use from their place of work, Users must request authorization from their employer or line manager.
2.2. To be able to access the Service, the User must in particular :
- hold an Internet subscription and, where applicable, a mobile phone subscription or an Android or IOS mobile terminal,
- subscribe to the Subscription on the Website, a promotional web page,
- comply with the conditions of use of their Terminal as indicated by its manufacturer and their mobile phone operator,
- check that their Terminal’s memory is not saturated,
- ensure that their Terminal is compatible with the desired Content,
- go to www.veedz.tv to view streaming films on a Fixed terminal,
- check that their e-mail box is configured to receive e-mails from M4Y;
- enter accurate information when subscribing to a Subscription and in particular his or her :
- e-mail address,
- mobile phone number,
- mobile phone operator.
Once the Subscription has been taken out, the User will receive an e-mail confirming that he has subscribed to the Subscription and containing his login details enabling him to access his member area and view the Content of his choice. The User will be billed, depending on the case, on his ISP or mobile phone operator bill or on his bank account.
- In the event of subscription from a communication medium accessible via posters, press, radio and cross SMS pushs (« offline » medium)
The User who wishes to subscribe to the Service must send a code or keyword indicated on the promotional medium to the short number indicated on the said medium by SMS MO. Once the access code has been entered and sent, the User will receive an SMS asking them to send the keyword « OK » to confirm their registration. They will then receive an SMS MT confirming their subscription.
- In the event of subscription via a communication medium accessible electronically (« online » medium)
Users wishing to subscribe to the Service must enter their telephone number on support. They will then receive a code by SMS MT which they must enter on support to access the Service.
Once their subscription request has been confirmed, the User will have direct access to the Service via their account once it has been created and will be able to access the features of the Service.
In the event of failure to receive the access codes, M4Y cannot under any circumstances be held responsible as it has no control over the mobile Internet network or the User’s computer and telephone installation.
Access to and use of the Service requires the use of equipment such as a computer or mobile terminal, means of communication (such as mobile Internet access) and software. This equipment is the sole responsibility of the Users, as are the communication costs incurred by its use.
The Service is accessible to Users who subscribe to the mobile telephone operators listed in the « Pricing conditions » section on the Website’s home page.
ARTICLE 3: CONDITIONS OF ACCESS TO THE SERVICE
The User must carry out the operations indicated below to subscribe to the Service (the Subscription) in order to be able to view the Content(s) of his choice within the framework of the Service on his Terminal. The User has the option of paying by Mobile Operator. The Company will offer the User one or other of these payment methods depending on the User’s customer path.
- In the event of payment by Mobile Operator
The User is invited to subscribe to the Service by paying using the mobile operator’s payment method.
- The User selects Content on the Website or M4Y Promotional Material.
- A web window of the operator opens, the User can validate the payment by clicking on Validate.
- The User receives a confirmation of his Subscription by SMS from his mobile phone operator.
- The User will receive a confirmation e-mail or SMS including access to their member area, enabling them to log in and choose to view Content on the mobile and web media they have selected when subscribing to the Service.
- The User may consult at any time, via the Website or the mobile applications, the list of Content and Leisure Content available as part of the Subscription taken out.
ARTICLE 4: CONDITIONS FOR CONSULTING CONTENT and LEISURE CONTENT
- Subscription duration
A Subscription is taken out for daily periods and is tacitly renewable for subsequent periods of one day (depending on the initial duration of the Subscription taken out) until cancelled by the User under the conditions set out in article 5.4 hereof.
- Consultation of Content and Leisure Content as part of the Subscription
Once the User has subscribed to the Service, he/she will receive access to his/her member’s area where he/she can select the Content of his/her choice and view it by streaming on all media.
The User may view as many of the Contents on offer as they wish.
- Duration of validity of access to consultation of the list of Content
The User may consult the selection of Content and view the Content(s) on any medium during the period of validity of his Subscription from his member’s area.
- Member area
Once the User’s registration has been validated, regardless of the billing method chosen, the User will receive an email from M4Y indicating the User’s login and password in order to access the User’s account in the member area of the Website. The User’s login is the email address given at the time of subscription. He is invited to go to his member area in order to change the password allocated by M4Y.
Once registered, the User can access his member area on the Website or on the Application.
ARTICLE 5: PRICES AND PAYMENT
5.1. Rates applicable to the Service
Access to the Service assumes that the User has taken out a subscription invoiced via SMS.
The rates applicable to the Service are shown on the Service presentation screens and/or on the Promotional Materials. These rates are expressed in CFA francs and include all taxes.
Any change in the applicable legal VAT rate will automatically be reflected in the price of the Service on the date stipulated by the regulations in force.
The price indicated does not include any additional costs linked to the wap or Internet connection, which are invoiced in addition by the mobile telephone operator.
The financial conditions applicable to the Subscription are governed by the general terms and conditions in force at the time the Subscription is taken out.
5.2. Payment methods
Payment for the Service subscribed to by the User is made by direct debit from the User’s mobile phone operator invoice.
5.4. Unsubscribing from the Subscription
If the User wishes to unsubscribe, he/she is invited to refer to the relevant provisions in the « Unsubscribe » or « Pricing conditions » sections on the Website’s homepage.
ARTICLE 6: USER LIABILITY
During the subscription procedure, the User undertakes to provide complete and accurate information.
The User is hereby informed that in the event of a choice, incorrect information or omission on his/her part, or failure to comply with the subscription procedure, the price of the Service will be debited to him/her, even if the User’s e-mail address has not been duly entered or is inaccurate, or if the User’s Terminal is unable to read the Content chosen.
The User is solely responsible for the use he makes of his mobile telephone line and his access to the Internet network. Consequently, any subscription to the Service made via their mobile telephone line and/or mobile Internet access is deemed to have been made exclusively by the User.
The User is authorized to subscribe to the Service and to view the Content on the Android and IOS Applications and fixed Terminals for personal use only. In particular, the User is prohibited from using the Service for professional, commercial or promotional purposes.
The User is also prohibited from :
- assign, transmit, transfer reproductions of the Content or Leisure Content, assign, offer, make available or hire the Content(s) or Leisure Content(s) by any means whatsoever;
- publish, online or offline or distribute any image, sound, file, graphic, animation or any other element of any Content or Leisure Content,
- use the Service in a way that may directly or indirectly infringe the intellectual property rights of M4Y or a third party, and that may in particular violate or transgress the honour, personal or family privacy, image of third parties or morality,
- extracting by permanent or temporary transfer all or a quantitatively or qualitatively substantial part of any Content or Leisure Content or of the database making up the Service onto another medium, by any means and in any form whatsoever, as well as re-using by communicating to the public all or a quantitatively or qualitatively substantial part of the Content or Leisure Content, in any form whatsoever,
- attempting to carry out any of these acts.
ARTICLE 7: INTELLECTUAL PROPERTY
The User is informed and expressly acknowledges that all Content or Leisure Content, graphics or software offered as part of the Service, and more generally the Service as a whole, are protected by intellectual property laws and are the property of M4Y, its assigns or the third party holding the copyright. All rights of authors, composers and publishers of Content or Leisure Content distributed and reproduced on the M4Y websites and/or its promotional web pages are reserved.
Any use of the said works other than for private use of the Content or Leisure Content in accordance with the provisions hereof is prohibited.
The authorization to view the Content(s) granted to the User, in return for payment, does not confer any title or ownership rights, which remain reserved to their authors and beneficiaries. This authorisation is granted on a non-exclusive, non-transferable and non-transferable basis. Any other use is expressly prohibited. In particular, the User is not authorised to copy, reproduce, translate, extract, modify or create products derived from any Content or Leisure Content or from any element making up the Service.
The trademarks, figurative or not (hereinafter together « the trademarks ») displayed on the Website or in any newsletter are trademarks, registered or not, belonging to M4Y and to third parties. The mention of trademarks on the Website does not constitute in any way, implicitly or explicitly, a concession of right of use, a licence or any other authorization relating to the said trademarks without the written agreement of M4Y or the third party concerned. Any use of the Trademarks displayed on the Website and in its content, other than as permitted herein, without the express permission of the trademark owners is strictly prohibited. M4Y warns of any legal action that may be taken by the latter to ensure respect for its intellectual property rights, including criminal prosecution.
ARTICLE 8: LIABILITY OF M4Y
As the Service offered by M4Y is based on the use of complex technologies, no commitment of result can be made by M4Y or recognized against it in respect of the provision of the Service, the only commitments of M4Y being made in the context of an obligation of means.
M4Y will use its best endeavours to make the Service available at all times, except in cases of force majeure, events beyond its control and maintenance operations necessary to ensure the proper functioning of the Service.
Without prejudice to the foregoing, the User acknowledges that the Service is provided by M4Y « as is » and without warranty of any kind, either express or implied, including, without limitation, the User’s complete satisfaction.
In particular, the User acknowledges that M4Y shall not be liable to the User if the User believes that the Service and/or Content does not meet the User’s expectations.
Notwithstanding any exemption from liability stipulated elsewhere in these GTC, M4Y cannot be held liable in the following cases:
- difficulties in accessing the Service due to total or partial non-compliance with an obligation by the User, the use by the User of terminal equipment not adapted to the characteristics of the Service or the Content offered, a failure and/or saturation of the telecommunications networks or due to third parties, and in particular telephone operators,
- contamination by viruses or any other risk element of the Content, the Service or the User’s equipment, or any other malicious intrusion by third parties despite the reasonable security measures put in place by M4Y,
- misuse of the Service by the User,
- damage to the User’s equipment, which is the sole responsibility of the User,
- infringement by a User of the rights of a third party, including infringement of intellectual property rights and copyright,
In particular, M4Y cannot be held responsible for any interruptions to the Service due to causes which are not directly applicable to it and/or which are beyond its control, for example due to malfunctioning of the telephone network.
In providing the Service, M4Y uses the services and distribution networks of third party companies over which it has no control.
M4Y cannot therefore be held responsible in particular for possible delays in the distribution of Content ordered by the User, for permanent or temporary interruptions in the transmission of data to the User’s Terminal, or for any other service provided by a third party.
The Service may be suspended by M4Y for maintenance purposes for periods generally not exceeding 48 hours, without the Customer being entitled to claim any compensation whatsoever.
M4Y may at any time cease to provide the Service in whole or in part.
It is expressly agreed that if M4Y is found liable, this liability will in any event be limited to compensation for direct damage only, to the exclusion of any indirect damage whatsoever (such as in particular the disappearance, loss or deterioration of data and/or any damage likely to affect in particular the User’s equipment).
M4Y endeavours to deliver ordered products as quickly as possible. However, as M4Y must use the services and distribution networks of third party companies, over which it has no influence in terms of availability, M4Y cannot therefore be held responsible for possible delays in the transfer of products ordered by the User when purchasing a Subscription, nor for any temporary or permanent interruption in the transmission of data to the User’s mobile or fixed terminal if this is not the fault of M4Y. M4Y reserves the right to temporarily suspend access to products for maintenance and repair work on the Website.
The use of the products available from M4Y requires the use of certain technical systems such as portable or fixed terminal, computer, computer program, means of transmission, telecommunication service and other services of third companies, which may generate additional costs. These costs are borne by the User. M4Y does not provide any of these technical systems and is in no way responsible for them.
ARTICLE 9: COOKIES
The User is invited to refer to the cookies policy accessible on the Website.
ARTICLE 10: DURATION
The duration of these GTC is limited to the User’s use of the Service.
For Services (such as a Subscription) offered by M4Y, the User is informed that the duration of subscription to such services may be limited, depending on the mobile telephone operators or ISPs, within the limit of an amount reached over a given period. In the latter case, as soon as this limit is reached, the User’s subscription to the Service is automatically interrupted, unless the User expressly declares his intention to renew it.
M4Y reserves the right, without formality and by operation of law, to terminate the agreement to use the Service granted to the User without compensation and without right to reimbursement, in the event of a breach of any of the clauses of these GTC and in particular of the obligations placed on Users.
ARTICLE 11: COMPLAINTS
Any complaint addressed by the User to M4Y can only relate to the 12 (twelve) months preceding the date of receipt of the said complaint. They must be made in writing and sent either by post to the address Service client – Libre Réponse 94119 – 13 629 Aix en Provence 1 – France (postage is not required) or by email to : firstname.lastname@example.org.
M4Y will not be obliged to consider requests sent by other means. To be admissible, all requests must include at least the following information:
- full contact details (surname, first name, postal address, email address) of the User;
- the name of the department concerned
- the subject of the request
- the User’s telephone number as given at the time of subscription;
- the method of payment used;
- a copy of the detailed invoice from the payment operator;
- a bank statement.
ARTICLE 12: APPLICABLE LAW AND JURISDICTION
These GTC are subject to Malian law.
In the event of a dispute (for which only the courts of Mali will have jurisdiction), the User will first contact M4Y to obtain an amicable solution.
In the event of a dispute relating to the interpretation, performance and/or validity of these GTCs and in the absence of an amicable settlement, the legal rules of jurisdiction shall apply.
ARTICLE 13: GENERAL
The parties agree that their relationship will be governed exclusively by these GTC.