Terms and conditions of use
Effective date :
October 21, 2020
1. Purpose
These general terms and conditions of use apply without restriction or reservation to all services offered by the company SPLIIIT on the website https://www.spliiit.com (hereinafter the "Site").
The Site is a platform that brings together users (hereinafter the "Owners") who have subscriptions (hereinafter the "Subscriptions") to a certain number of entertainment sites and platforms offered by distributors (hereinafter the "Distributors") and which may benefit several users, and users who would like to subscribe to one or more of these sites and platforms (hereinafter the "Subscribers").
Owners and Subscribers are hereinafter referred to together as "Users".
The Site enables Owners and Subscribers to share the price of the Subscriptions concerned (hereinafter referred to as the "Services").
The purpose of these general terms and conditions is to define the terms and conditions of use of the Services and to define the rights and obligations of the parties in this context.
They can be accessed and printed at any time via a direct link at the bottom of the Site page.
These general terms and conditions of sale take precedence over any other general or special terms and conditions not expressly approved by SPLIIIT.
They may be supplemented, where applicable, by specific terms and conditions of use for certain Services, which supplement these general terms and conditions and, in the event of contradiction, take precedence over the latter.
2. Site and Services operator, contact
The Site and Services are operated by SPLIIIT, a simplified joint stock company with capital of 71,280.00 euros, registered in the Troyes Trade and Companies Register under number 850 505 694, whose registered office is located at 2 rue Gustave Eiffel, 10430 Rosières-près-Troyes (France).
SPLIIIT can be contacted at the following address, in particular for any complaints:
Postal address: 2 rue Gustave Eiffel, 10430 Rosières-près-Troyes (France)
E-mail address: contact@spliiit.com
3. Access to the Site and Services
3.1 Legal capacity
The Site and Services are accessible :
- to any natural person who has full legal capacity to enter into commitments under these General Terms and Conditions. Any natural person who does not have full legal capacity may only access the Site and Services with the agreement of their legal representative;
- any legal person acting through a natural person who has the power or authority required to enter into a contract in the name and on behalf of the legal person.
3.2 Site and Services intended for private individuals
The Site and Services are intended exclusively for private individuals and are not intended for professional use, understood as any use directly or indirectly related to a remunerated activity carried out on a non-casual basis in all sectors of industry and commerce.
4. Acceptance of terms and conditions
Acceptance of these terms and conditions is evidenced by a checkbox on the registration form. This acceptance must be full and complete. Any conditional acceptance is considered null and void. Users who do not agree to be bound by these terms and conditions must not access the Site or use the Services.
5. Articulation with the Distributors' intervention and general conditions
Users are expressly informed and accept that they are contracting directly with the Distributor offering the Subscription concerned, by accepting the Distributor's terms and conditions through a checkbox when registering on the Site.
6. Site registration
To use the Services, the User must:
- either complete the registration form available on the Site;
- or be registered with one of the third-party sites indicated on the Site and use his/her login details for said third-party site to register with the Site. In this case, the User must provide SPLIIIT with any additional information requested. The User expressly authorizes SPLIIIT to access his/her account data on the third-party site concerned.
In all cases, the User must provide all information marked as mandatory. Incomplete registrations will not be validated.
A user account corresponds to a physical person, and only one user account is authorized per person.
Registration automatically leads to the opening of an account in the User's name (hereinafter the "Account"), giving him/her access to a personal space (hereinafter the "Personal Space") which enables him/her to manage his/her use of the Services in a form and using the technical means that SPLIIIT deems most appropriate for rendering said Services.
The User guarantees that all the information he/she provides in the registration form or via the third-party sites referred to above is accurate, up-to-date and sincere, and is not misleading in any way.
He/she undertakes to update this information in his/her Personal Space in the event of any modifications (in particular in the event of a change of e-mail address), so that it still corresponds to the aforementioned criteria.
The User is hereby informed and accepts that the information entered for the purposes of creating or updating his/her Account constitutes proof of his/her identity. The information entered by the User is binding as soon as it has been validated.
The User may access his or her Personal Space at any time by entering his or her login and password.
The User undertakes to use the Services personally and not to allow any third party to use them in his place or on his behalf, unless he assumes full responsibility for doing so.
The User is likewise responsible for maintaining the confidentiality and security of his login and password, any access to the Site using the latter being deemed to have been made by the User. The User must immediately contact SPLIIIT at the address given in article 2 hereof if he notices that his Account has been used without his knowledge. The User acknowledges SPLIIIT 's right to take all appropriate measures in such a case.
7. Description of Services
Prior to any online subscription, and in particular in application of the provisions of article L111-1 of the French Consumer Code, the User may view the Services on the Site.
7.1 Services provided to Owners
Owners who have one or more Subscriptions open to several Users with one of the Distributors registered by SPLIIIT may offer their Subscription or Subscriptions for sharing on the Site.
In the event that the Distributor of the Subscription in question is not registered by SPLIIIT, the Owner may propose the addition of this Distributor directly on the Site, under the conditions described on the Site.
The Owner acknowledges and accepts that he/she may only propose on the Site Subscriptions which, in accordance with the general conditions of the Distributors, are open to several Users. In this respect, SPLIIIT will refuse to share any Subscription that does not meet this criterion.
The Owner who receives a Subscription request via the Site undertakes to respond to this request within 48 hours of receipt.
If no response is received within this period, the Subscription request will be cancelled.
If the Subscription request is confirmed within the above time limit, the Subscriber who made the request will have access to the Owner's Subscription, thanks to a link sent directly to him by the Owner, within 12 hours of confirmation of his request, via the messaging system provided on the Site.
If the Owner fails to send the link within this period, the Owner's account will be blocked and SPLIIIT will reimburse the Subscriber for the amount of the Subscription already paid.
The amount corresponding to the Subscriber's share of the Subscription will be paid by SPLIIIT to the Owner's balance. In this respect, the Owner may provide SPLIIIT with all the documents requested, in particular his IBAN, so that it can pay the amounts concerned into a bank account from his balance. The Owner may also decide to use the funds available on his/her balance directly on the Site.
As an exception to the above, the Owner acknowledges and accepts that the amount of the Subscriber's subscription will only be paid to the Owner once SPLIIIT has received the amounts owed by the Subscriber. Consequently, in the event of non-payment by the Subscriber, no reimbursement can be made by SPLIIIT to the Owner.
Should the Owner terminate one of his Subscriptions, his Subscription will remain available to Subscribers for 30 (thirty) days following payment of the Subscription by the last of the Subscribers to have made payment.
SPLIIIT also makes the Site available to Owners to share Subscriptions privately with persons of their choice. In this case, the Owner acknowledges and accepts that SPLIIIT has no control over the sharing of Subscriptions by the Owner and acts only as a payment service agent in the relationship between Owners and the persons concerned by the sharing.
7.2 Services provided to Subscribers
The Subscriber who wishes to take out a Subscription via the Site acknowledges and accepts that his or her subscription is subject to acceptance by the Owner concerned by the Subscription.
In the event of a positive response to this request by the Owner concerned, the Subscriber will receive confirmation by any written means, and in particular by e-mail.
No cancellation of the request is possible within one hour of the request being made. At the end of this period, the Subscriber is free to cancel the request as long as no response has been received from the Owner.
The Subscriber acknowledges and accepts that upon receipt of the Owner's confirmation, the amount corresponding to the first month's Subscription will be debited from SPLIIIT , in accordance with the conditions set out in the "Financial Conditions" article.
The Subscriber may choose to make several simultaneous Subscription requests for the same Distributor. In this case, the Subscriber acknowledges and accepts that in the event of simultaneous positive responses to these requests by the Owners, SPLIIIT will not reimburse the amounts charged.
Should the Owner terminate his/her Subscription, SPLIIIT undertakes to reimburse the Subscriber for the monthly amount of the Subscription, prorated for the number of days remaining until the end of the month of Subscription concerned.
SPLIIIT also makes the Site available to Owners to share Subscriptions privately with persons of their choice. In this case, the Subscriber acknowledges and accepts that SPLIIIT exercises no control over the private Subscriptions offered by an Owner and acts only as a payment service agent in the relationship between Owners and Subscribers.
Consequently, no refund can be made in the event that the Subscriber accesses a private offer proposed outside the platform.
7.3 Messaging
Users also have access to a messaging system enabling them to communicate with other Users, under the conditions described on the Site.
The User is expressly informed and accepts that SPLIIIT may access messages exchanged by Users via this messaging system at any time, and may use them to assert its rights, particularly in the event of legal action.
7.4 Ambassador program
In addition to the Services described on the Site, SPLIIIT offers Users an ambassadors program (hereinafter the "Ambassadors Program"), the terms and conditions of access to which are also described on the Site.
In addition to these terms and conditions, Users wishing to participate in the Ambassadors Program must also accept the rules and regulations relating to the Ambassadors Program, by checking a box when registering for the Ambassadors Program.
8. Financial terms and conditions
8.1 Prices
The Services are provided by SPLIIIT to Owners free of charge, with the exception of connection fees, which are detailed on the Site.
In connection with the provision of the Services to Subscribers, SPLIIIT receives a commission, the amount of which is indicated on the Site.
Unless otherwise stated, prices are expressed in Euros and include all French taxes.
SPLIIIT reserves the right, at its own discretion and on terms to be determined by it alone, to offer promotional offers or price reductions.
8.2 Price revision
The prices referred to in the article "Prices" may be revised by SPLIIIT at any time, at its own discretion.
The User will be informed of these modifications by SPLIIIT by any useful written means (and in particular by e-mail) at least 1 (one) month before the new prices come into effect.
Once they have come into effect, the new prices will apply when the Subscription is renewed.
8.3 Billing
Invoices for Services are issued and made available to the User in his/her Personal Area.
8.4 Terms of payment
Payment of the Subscription price is made by direct debit using the User's credit card number.
Direct debit is implemented by Lemonway (See Lemonway Terms and Conditions), which alone retains the User's bank details for this purpose. SPLIIIT does not retain any bank details.
The price of the Subscription is due and is debited on the day the Subscription is taken out, then on the anniversary date of each renewal.
The User guarantees SPLIIIT that he/she has the necessary authorizations to use the chosen method of payment. The User undertakes to take the necessary steps to ensure that the Subscription price can be debited automatically.
8.5 Compensation
The User expressly accepts that all obligations to pay sums of money arising between him/her and SPLIIIT, which are not subject to dispute as to their due date and amount, shall be set off against each other, ipso jure and without formality, whether or not the conditions for legal set-off have been met. This set-off shall not, however, have the effect of releasing the parties from their accounting obligations, in particular with regard to the issue of invoices.
8.6 Late payments and payment incidents
The User is hereby informed and expressly accepts that any delay in payment of all or part of a sum due on its due date will automatically result, after 3 (three) unsuccessful direct debit attempts, in the immediate suspension of the Services in progress until full payment of all sums due by the User, without prejudice to the provisions of the "Penalties for default" and "Resolution" articles.
When communicating bank details, the User is required to provide accurate information.
9. Duration of Services, Unsubscription
The Services are subscribed to for an indefinite period.
The User may unsubscribe from the Services at any time, via his/her Personal Area.
Unsubscription by SPLIIIT is effected by sending an email to the User. Unsubscription takes effect within a maximum of 7 (seven) days from the date of this request.
Unsubscription automatically deletes the User's Account.
10. Express waiver of right of withdrawal
Users are informed that a right of withdrawal applies in principle to contracts for the provision of services concluded remotely between a professional and a consumer, and that this right must be exercised within 14 (fourteen) days of the conclusion of the contract.
Users are however expressly informed and accept that the Services are provided to them as soon as they register, and are therefore fully executed before the end of the withdrawal period referred to above. Consequently, they expressly waive their right of withdrawal, which may not be exercised, in accordance with article L.221-28 of the French Consumer Code.
11. Evidence agreement
The User expressly acknowledges and accepts:
(i) that the data collected on the Site and the computer equipment of SPLIIIT are proof of the reality of the operations carried out within the framework of the present contract;
(ii) that these data constitute the principal means of proof accepted between the parties, in particular for the calculation of sums due to SPLIIIT.
The User can access these data in his Personal Space.
12. Obligations of the User
Sans préjudice des autres obligations prévues aux présentes, l’Utilisateur s’engage à respecter les obligations qui suivent.
12.1 L’Utilisateur s’engage, dans son usage des Services, à respecter les lois et règlements en vigueur et à ne pas porter atteinte aux droits de tiers ou à l’ordre public.
12.2 L’Utilisateur reconnaît avoir pris connaissance sur le Site des caractéristiques et contraintes, notamment techniques, de l’ensemble des Services. Il est seul responsable de son utilisation des Services et notamment des relations qu’il pourra nouer avec les autres Utilisateurs et des informations qu’il leur communiquera dans le cadre des Services et notamment par l’intermédiaire de la messagerie. Il lui appartient d’exercer la prudence et le discernement appropriés dans ces relations et communications. L’Utilisateur s’engage en outre, dans ses échanges avec les autres Utilisateurs, à respecter les règles usuelles de politesse et de courtoisie.
A cet égard, le Souscripteur reconnaît et accepte qu’il s’engage à ne pas modifier les informations liées à l’Abonnement du Propriétaire et disponibles lors de sa connexion sur le site du Distributeur et notamment les coordonnées du Propriétaire et ses informations de paiement.
Le Souscripteur est également responsable du maintien de la confidentialité de l’identifiant et du mot de passe et s’engage à cet égard à ne pas les communiquer à un tiers et à en faire un usage purement personnel.
En outre, le Souscripteur reconnaît et accepte que l’Abonnement ne peut être utilisé que dans la zone géographique précisée dans les conditions générales du Distributeur. Par conséquent, en cas de tentative de connexion à l’extérieur de la zone géographique prévue, il s’engage à en informer le Propriétaire afin d’éviter toute suspicion de fraude.
Le Propriétaire reconnaît et accepte quant à lui qu’en proposant un Abonnement sur le Site, il s’engage à être propriétaire de l’Abonnement concerné. En cas de doute quant à la propriété d’un Abonnement, SPLIIIT se réserve la possibilité de supprimer l’accès du Propriétaire aux Services dans les conditions prévues à l’article « Sanctions des manquements » du présent Contrat.
Par ailleurs, le Propriétaire s’engage à ne proposer sur le Site que des Abonnements (i) permettant la connexion simultanée de plusieurs utilisateurs et (ii) souscrits dans son pays de résidence.
Enfin, le Propriétaire est autorisé à proposer l’Abonnement sur le Site pendant une période d’essai gratuite à condition que l’Abonnement soit renouvelé à l’issue de la période d’essai. A défaut de renouvellement, SPLIIIT se réserve la possibilité de suspendre l’accès du Propriétaire aux Services dans les conditions de l’article « Sanctions des manquements ».
12.3 L’Utilisateur s’engage à faire un usage strictement personnel des Services. Il s’interdit en conséquence de céder, concéder ou transférer tout ou partie de ses droits ou obligations au titre des présentes à un tiers, de quelque manière que ce soit.
12.4 L’Utilisateur s’engage à fournir à SPLIIIT toutes les informations nécessaires et, plus généralement, à coopérer activement avec SPLIIIT en vue de la bonne exécution des présentes.
12.5 L’Utilisateur est seul responsable des contenus de toute nature (rédactionnels, graphiques, audios, audiovisuels ou autres, en ce compris la dénomination et/ou l’image éventuellement choisies par l’Utilisateur pour l’identifier sur le Site) qu’il diffuse dans le cadre des Services (ci-après désignés les « Contenus »).
Il garantit à SPLIIIT qu’il dispose de tous les droits et autorisations nécessaires à la diffusion de ces Contenus.
Il s’engage à ce que lesdits Contenus soient licites, ne portent pas atteinte à l’ordre public, aux bonnes mœurs ou aux droits de tiers, n’enfreignent aucune disposition législative ou règlementaire et plus généralement, ne soient aucunement susceptibles de mettre en jeu la responsabilité civile ou pénale de SPLIIIT.
L’Utilisateur s’interdit ainsi de diffuser, notamment et sans que cette liste soit exhaustive :
- des Contenus pornographiques, obscènes, indécents, choquants ou inadaptés à un public familial, diffamatoires, injurieux, violents, racistes, xénophobes ou révisionnistes,
- des Contenus contrefaisants,
- des Contenus attentatoires à l’image d’un tiers,
- des Contenus mensongers, trompeurs ou proposant ou promouvant des activités illicites, frauduleuses ou trompeuses,
- des Contenus nuisibles aux systèmes informatiques de tiers (tels que virus, vers, chevaux de Troie, etc.),
- et plus généralement des Contenus susceptibles de porter atteinte aux droits de tiers ou d’être préjudiciables à des tiers, de quelque manière et sous quelque forme que ce soit.
12.6 L’Utilisateur reconnaît que les Services lui offrent une solution supplémentaire, non alternative, d’accéder aux Abonnements des Distributeurs et que cette solution ne saurait se substituer aux autres moyens dont l’Utilisateur peut disposer par ailleurs pour atteindre le même objectif.
12.7 L’Utilisateur est informé et accepte que la mise en œuvre des Services nécessite qu’il soit connecté à internet et que la qualité des Services dépend directement de cette connexion, dont il est seul responsable.
12.8 La mise en relation à travers le Site soumet l’Utilisateur à des obligations spécifiques, en particulier en matière fiscale et sociale. Afin de connaître les obligations qui lui incombent en fonction de sa situation propre, l’Utilisateur est invité à consulter les sites et fiches pratiques mis en ligne par le Trésor Public et la Sécurité Sociale et accessibles aux liens ci-dessous :
- Tax obligations (Click here);
- Social obligations (Click here).
The User is solely responsible for complying with all administrative, fiscal and/or social formalities, and for paying all contributions, taxes or duties of any kind that may be required in connection with the use of the Services. SPLIIIT cannot be held liable in any way in this respect.
13. User warranty
The User guarantees SPLIIIT against all complaints, claims, actions and/or demands whatsoever that SPLIIIT may suffer as a result of the User's breach of any of his obligations or guarantees under the present terms and conditions.
The User undertakes to compensate SPLIIIT for any loss it may suffer and to pay all costs, charges and/or judgments that it may have to bear as a result.
14. Prohibited behaviour
14.1 It is strictly forbidden to use the Services for the following purposes:
- carrying out illegal, fraudulent activities or activities that infringe the rights or security of third parties,
- undermining public order or violating applicable laws and regulations,
- intruding into a third party's computer system or any activity of a nature to harm, control, interfere with or intercept all or part of a third party's computer system, violate its integrity or security,
- sending unsolicited e-mails and/or commercial prospecting or solicitation,
- manipulations intended to improve the referencing of a third-party site,
- using the Site to distribute information or links redirecting to a third-party site,
- aiding or inciting, in any form and in any manner whatsoever, one or more of the acts and activities described above,
- and more generally any practice diverting the Services to purposes other than those for which they were designed.
14.2 Users are strictly forbidden to copy and/or misappropriate for their own purposes or those of third parties the concept, technologies, all or part of the data or any other element of the SPLIIIT site.
14.3 The following are also strictly prohibited (i) any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into the systems of SPLIIIT, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate load on the latter's infrastructures, (v) any breach of security and authentication measures, (vi) any act likely to prejudice the financial, commercial or moral rights and interests of SPLIIIT or users of its Site, and more generally (vii) any breach of these terms and conditions.
14.4 It is strictly forbidden to monetize, sell or grant all or part of access to the Services or the Site, or to the information hosted and/or shared therein.
15. Penalties for breaches
In the event of a breach of any of the provisions of these terms and conditions or, more generally, an infringement of the laws and regulations in force by a User, SPLIIIT reserves the right to take any appropriate measure and, in particular, to :
(i) suspend or remove access to the Services of the User who has committed or participated in the breach or infringement,
(ii) remove any Content posted on the Site in connection with the breach or infringement in question, in whole or in part,
(iii) publish on the Site any information message that SPLIIIT deems useful,
(iv) warn any competent authority, cooperate with them and provide them with all information useful for the investigation and repression of illegal or illicit activities,
(v) take any legal action.
SPLIIIT also reserves the right to terminate the User's access to the Services :
- either ipso jure, fifteen (15) days after receipt by the User of a formal notice that has remained without effect, sent by registered letter with acknowledgement of receipt, mentioning the intention to apply the present clause,
- or in the event of the repetition of a breach previously reported by registered letter with acknowledgement of receipt, the termination then taking effect ipso jure on the date of dispatch of the registered letter with acknowledgement of receipt mentioning the repeated breach, without prejudice to any damages that may be claimed from the User.
Termination automatically entails deletion of the User's Account, without prejudice to any other consequences that may arise in application of the present terms and conditions.
15.1 Penalties
In the event of a serious breach by the User of the provisions of the present
terms and conditions (including, but not limited to, sharing stolen accounts, using false
identity documents, identity theft, creating multiple accounts or making purchases on the Owner's account), SPLIIIT reserves the right to charge the User a penalty fee of 99 euros.
This penalty is deducted directly from the User's balance, up to the limit of the amount available.
In the event that the User's balance is insufficient to cover the amount of the penalty, the full amount available will be deducted, and the difference will be billed to the User, who must pay the corresponding invoice within 30 days.
In the event that the User's balance is empty, the penalty fee will be billed to the User, who must pay the corresponding invoice within 30 days.
16. Liability and warranty of SPLIIIT
16.1 SPLIIIT undertakes to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the Users expressly acknowledge and accept.
16.2 SPLIIIT has no knowledge of the Content uploaded by Users as part of the Services, which it does not moderate, select, verify or control in any way, and with respect to which it acts only as a hosting service provider.
Consequently, SPLIIIT cannot be held responsible for Content whose authors are third parties, and any claim must be directed in the first instance to the author of the Content in question.
Content that is prejudicial to a third party may be notified to SPLIIIT in accordance with article 6 I 5 of law no. 2004-575 of June 21, 2004 for confidence in the digital economy. SPLIIIT reserves the right to take the measures described in the article "Sanctions for breaches".
16.3 SPLIIIT acts as a broker in that it provides Owners and Subscribers with technical tools and resources enabling them to enter into contact for the purposes of subscribing to Subscriptions via the Site. Its responsibility is limited to providing these means, as described herein, and to putting Owners and Subscribers in contact with each other.
SPLIIIT acts in its own name and does not enter into any legal act in the name and on behalf of Owners or Subscribers, who contract directly with each other.
SPLIIIT is not a party to the contracts concluded between Owners and Subscribers, and cannot under any circumstances be held liable for any difficulties that may arise during the conclusion or performance of these contracts, nor be a party to any disputes that may arise between Owners and Subscribers concerning Subscriptions, guarantees, declarations and any other obligations to which Owners or Subscribers may be bound.
However, with a view to constantly improving the quality of the Services, SPLIIIT invites Users to send it any comments or information they may wish to bring to its attention concerning the quality of transactions carried out via the Services.
16.4 SPLIIIT is a payment services agent, registered with the Register of Financial Agents under number 850505694. It is therefore subject to specific obligations which it undertakes to respect.
16.5 SPLIIIT does not guarantee Owners any volume of business that it may achieve through the use of the Services.
16.6 SPLIIIT undertakes to carry out regular checks to verify the operation and accessibility of the Site. In this respect, SPLIIIT reserves the right to temporarily interrupt access to the Site for maintenance purposes. Similarly, SPLIIIT may not be held liable for temporary difficulties or impossibilities in accessing the Site due to circumstances beyond its control, force majeure, or disruptions to telecommunications networks.
16.7 SPLIIIT does not guarantee to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be totally free of errors, defects or faults, (ii) that the Services, being standard and in no way offered for the sole intention of a given User according to his own personal constraints, will specifically meet his needs and expectations.
16.8 In any event, SPLIIIT 's liability hereunder is expressly limited to proven direct damages suffered by Users.
17. Intellectual property
The systems, software, structures, infrastructures, databases and content of all kinds (text, images, visuals, music, logos, trademarks, databases, etc.) used by SPLIIIT on the Site are protected by all applicable intellectual property rights or database producers' rights. All disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of SPLIIIT are strictly prohibited and may be subject to legal action.
18. Personal data
SPLIIIT practices a policy of personal data protection, the characteristics of which are set out in the document entitled " Personal data protection charter " the User is expressly invited to read.
19. Links and third-party sites
SPLIIIT cannot be held responsible for the technical availability of websites or mobile applications operated by third parties, including any of its partners and in particular Distributors, to which the User may have access via the Site.
SPLIIIT accepts no responsibility for the content, advertising, products and/or services available on such third-party websites and mobile applications, which are governed by their own terms of use.
SPLIIIT is also not responsible for transactions between Users and Distributors, to whom Users may be directed via the Site, and shall under no circumstances be a party to any disputes whatsoever with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations and any other obligations whatsoever to which such third parties are bound.
20. Force majeure
Under no circumstances may the parties be held liable for any failure or delay in the execution of these general terms and conditions due to a case of force majeure as defined by article 1218 of the French Civil Code and recognized by jurisprudence, as well as, in any event, all acts of strike, terrorism and epidemic.
The occurrence of a case of force majeure suspends performance of the general terms and conditions as soon as one of the parties has received the information sent by registered letter with acknowledgement of receipt from the other party.
If a case of force majeure preventing either party from fulfilling its obligations continues beyond a period of 30 (thirty) days, the general terms and conditions may be terminated immediately and by operation of law, without legal formalities, by either party, by any written means, without either party having to pay the other any compensation whatsoever.
21. Modifications
SPLIIIT reserves the right to modify these terms and conditions at any time.
Registered Users will be informed of such modifications by e-mail at least thirty days before they come into force.
Users who do not accept the modified terms and conditions must unsubscribe from the Services in accordance with the terms set out in the article "Duration of Services, unsubscribing".
Subject to the article "Duration of Services, unsubscribing", any User who uses the Services after the modified terms and conditions come into force is deemed to have accepted these modifications.
22. Mediation
The User has the right to have recourse, free of charge, to a consumer mediator for the amicable resolution of any dispute relating to the performance of the present contract between the User and SPLIIIT, under the conditions set out in Articles L611-1 et seq. and R612-1 et seq. of the French Consumer Code.
In the event of a dispute between the User and SPLIIIT, the User may have recourse, free of charge, to the following consumer mediator for an amicable resolution:
CM2C
14 rue saint Jean
75017 Paris, FRANCE
https://www.cm2c.net/
If the User is a foreign consumer located in the European Union, he/she may visit the European consumer law dispute resolution platform accessible by following the link below:
Click here
23. Applicable law
These terms and conditions are governed by French law.