Terms and conditions of use

Date of entry into force : 20/10/2020

1. Purpose

These general terms of use apply without restriction or reservation to all the services offered by SPLIIIT on the website https://www.spliiit.com (hereinafter the "Site").

The Site is a platform that offers to put 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, in contact with users who would like to subscribe to one or more of these sites and platforms (hereinafter the "Subscribers").

The Owners and the Subscribers are hereinafter referred to together as the "Users".

In particular, the Site allows Owners and Subscribers to share the price of the relevant Subscriptions (hereinafter the "Services").

The purpose of these general 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.

These general terms and conditions of sale shall prevail over any other general or special terms and conditions not expressly approved by SPLIIIT.

They may be supplemented, if necessary, by specific terms of use for certain Services, which supplement these general terms and conditions and, in the event of contradiction, take precedence over them.

2. Operator of the Site and Services, contact

The Site and the Services are operated by SPLIIIT, a simplified joint stock company with a 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.

SPLIIIT can be contacted at the following address, in particular for any complaint:

Postal address: 2 rue Gustave Eiffel, 10430 Rosières-près-TroyesTelephone
: +33 1 80 88 37
50E-mail address
: [email protected]

3. Access to the Site and Services

3.1 Legal capacity

The Site and the Services are accessible:-
to any natural person who has full legal capacity to enter into commitments under these general conditions. Any natural person who does not have full legal capacity may only access the Site and the Services with the agreement of their legal representative;
- to any legal person acting through a natural person who has the power or authority required to contract in the name and on behalf of the legal person.

3.2 Site and Services for individuals

The Site and the Services are intended exclusively for private individuals and are not intended for professional use, understood as any use directly or indirectly linked to a remunerated activity exercised in a non occasional manner in all sectors of activity of industry and commerce.

4. Acceptance of the general conditions

Acceptance of these terms and conditions is evidenced by a box to be ticked on the registration form. This acceptance can only 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 intervention and general conditions of the Distributors

Users are expressly informed and accept that they are contracting directly with the Distributor who offers the relevant Subscription, by accepting the Distributor's terms and conditions by ticking a box when registering on the Site.

6. Registration on the Site

To use the Services, the User must:

In all cases, the User must provide all the information marked as mandatory. Any incomplete registration will not be validated.

Registration automatically entails the opening of an account in the name of the User (hereinafter the "Account"), giving him/her access to a personal space (hereinafter the "Personal Space") which allows him/her to manage his/her use of the Services in a form and according to the technical means that SPLIIIT deems most appropriate for rendering said Services.

The User warrants that all information provided by the User in the registration form or through the third party sites referred to above is accurate, current and truthful and is not misleading.

He/she undertakes to update this information in his/her Personal Space in the event of modifications (in particular in the event of a change of email address), so that it always corresponds to the above-mentioned criteria.

The User is informed and accepts that the information entered for the purposes of creating or updating his/her Account is proof of his/her identity. The information entered by the User is binding upon validation.

The User may access his Personal Space at any time after having identified himself using his 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 bears full responsibility.

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 be made by the User. The User must immediately contact SPLIIIT using the contact details set out in Article 2 hereof if he notices that his Account has been used without his knowledge. The User acknowledges that SPLIIIT has the right to take all appropriate measures in such a case.

7. Description of the Services

Prior to any online subscription and in application of the provisions of Article L111-1 of the French Consumer Code, the User may consult the Services on the Site.

7.1 Services provided to Owners

The Owner who has one or more Subscriptions open to several Users with one of the Distributors registered by SPLIIIT may offer his Subscription or Subscriptions for sharing on the Site.

In the event that the Distributor of the Subscription concerned 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 it may only offer on the Site Subscriptions which, in accordance with the general terms and 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 request for a Subscription via the Site undertakes to respond to this request within 48 hours of receiving it.

If no response is received within this period, the Subscription request will be cancelled.

If the Subscription request is confirmed within the above period, the Subscriber who made the request will have access to the Owner's Subscription, thanks to a link sent directly to him/her by the Owner, within 24 hours of the confirmation of his/her request, via the message service provided on the Website.  

If the Owner fails to send the link within this period, the Owner's account will be blocked and SPLIIIT will reimburse the Subscriber the amount of the Subscription already paid.

The amount corresponding to the Subscriber's share of the Subscription will be paid by SPLIIIT into the Owner's kitty. In this respect, the Owner may provide SPLIIIT with all the documents requested and in particular his/her IBAN, so that he/she can pay the amounts concerned into a bank account from his/her kitty. The Owner may also decide to use the funds available in his/her Kitty directly on the Website.

As an exception to the foregoing, the Owner acknowledges and accepts that the amount of the Subscriber's subscription will only be paid to the Owner once SPLIIIT has collected the sums due by the Subscriber. Consequently, in the event of non-payment by the Subscriber, no refund may be made by SPLIIIT to the Owner.  

In the event that the Owner terminates one of his Subscriptions, his Subscription will remain available to Subscribers for 30 (thirty) days following the payment of the Subscription made by the last of the Subscribers who made the payment.
In the case of a refund, the owner will be charged €0.30 per user refunded.

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 the 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 Website acknowledges and accepts that his or her subscription is conditional upon acceptance of the Subscription by the Owner concerned.

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 email.

No cancellation of the request is possible within one hour of the request. At the end of this period, the Subscriber is free to cancel the request as long as no reply has been received from the Owner. 

The User acknowledges and accepts that upon receipt of the Owner's confirmation, SPLIIIT will debit the amount corresponding to the first month's Subscription, 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.

In the event that the Owner terminates his Subscription, SPLIIIT undertakes to reimburse the Subscriber the monthly amount of the Subscription, pro rata to 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 has 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.
As a result, no reimbursement 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 at any time the messages exchanged by the Users through this messaging system and, if necessary, take advantage of them to assert its rights, particularly in the context of legal action.       

7.4 Ambassadors Programme

In addition to the Services described on the Site, SPLIIIT offers Users an ambassador programme (hereinafter the "Ambassador Programme"), the conditions of access to which are also described on the Site. 

In addition to these terms and conditions, the User who wishes to participate in the Ambassadors Programme must also accept the rules and regulations of the Ambassadors Programme, by ticking a box when registering for the Ambassadors Programme. 

8. Financial conditions

8.1 Prices

The Services are provided by SPLIIIT to the Owners free of charge, with the exception of the costs of putting them in touch with each other, which are detailed on the Site. 

In the context of the provision of Services to Subscribers, SPLIIIT receives a commission, the amount of which is indicated on the Site.

Unless otherwise stated, prices are in Euros and include all French taxes. 

SPLIIIT reserves the right, at its own discretion and on terms to be determined by it, to offer promotional offers or price reductions.

8.2 Price review

The prices referred to in the article "Prices" may be revised by SPLIIIT at any time, at its free discretion.

The User shall be informed of such changes by SPLIIIT by any useful written means (and in particular by email) at least 1 (one) month before the new prices come into force.

Once in force, the new prices apply when the Subscription is renewed.

8.3 Billing

The Services are subject to invoices which are made available to the User on his Personal Space.

8.4 Terms of payment

Payment of the Subscription price is made by direct debit using the User's bank card number.

The direct debit is implemented by the company Lemonway, which alone keeps the User's bank details for this purpose. SPLIIIT does not keep any bank details.

The price of the Subscription is due and will be debited on the day the Subscription is taken out, and then on its anniversary date at each renewal.

The User guarantees SPLIIIT that he/she has the necessary authorisations to use the chosen method of payment. The User undertakes to take the necessary steps to ensure that the price of the Subscription can be debited automatically.

8.5 Compensation

The User expressly accepts that all obligations to pay sums of money arising between him and SPLIIIT, which are not subject to discussion as to their due date and amount, shall be set off against each other, by operation of law and without formality, whether or not the conditions for legal set-off are met. The effect of this set-off shall not, however, be to relieve the parties of 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 an amount due on the due date will automatically lead, after 3 (three) unsuccessful attempts to collect the amount, without prejudice to the provisions of the articles "Penalties for default" and "Resolution", to the immediate suspension of the Services in progress until full payment of all amounts due by the User.
When communicating his bank details, the User is required to provide accurate information.
In case of rejection of an outgoing transfer, a charge of 15 Euros excluding VAT will be applied to the User's account.

9. Duration of the Services, deregistration

The Services are subscribed to for an indefinite period.

The User may unsubscribe from the Services at any time, through his Personal Space.

SPLIIIT's cancellation is carried out by sending an email to the User. Unsubscription is effective within a maximum of 7 (seven) days from the date of this request.

It will result in the automatic deletion of the User's Account.

10. Express waiver of the right of withdrawal

Users are informed that a right of withdrawal applies in principle to contracts for the provision of services concluded at a distance between a professional and a consumer, this right to be exercised within 14 (fourteen) days of the conclusion of the contract.

However, they are expressly informed and accept that the Services are provided to them as soon as they register and are thus 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 Consumer Code.

11. Evidence agreement

The User acknowledges and expressly accepts:
(i) that the data collected on the Site and SPLIIIT's computer equipment are proof of the reality of the operations carried out in the context of the present contract;
(ii) that this data constitutes the main method of proof accepted between the parties, in particular for the calculation of sums due to SPLIIIT.

The User can access this data in his Personal Area.

12. Obligations of the User

Without prejudice to the other obligations set out herein, the User undertakes to comply with the following obligations.

12.1 The User undertakes, when using the Services, to comply with the laws and regulations in force and not to infringe the rights of third parties or public order.

12.2 The User acknowledges that he/she has taken note on the Site of the characteristics and constraints, particularly technical, of all the Services. The User is solely responsible for his/her use of the Services and in particular for the relationships he/she may establish with other Users and the information he/she communicates to them within the framework of the Services and in particular through the messaging system. It is the User's responsibility to exercise appropriate caution and discernment in these relationships and communications. The User also undertakes to respect the usual rules of politeness and courtesy in his exchanges with other Users.

In this respect, the Subscriber acknowledges and accepts that he/she undertakes not to modify the information related to the Owner's Subscription and available when connecting to the Distributor's website, in particular the Owner's contact details and payment information.

The Subscriber is also responsible for maintaining the confidentiality of the login and password and undertakes in this respect not to communicate them to a third party and to use them for purely personal purposes.

Furthermore, the Subscriber acknowledges and accepts that the Subscription may only be used in the geographical area specified in the Distributor's general terms and conditions. Consequently, in the event of an attempt to connect outside the geographical area specified, he/she undertakes to inform the Owner in order to avoid any suspicion of fraud.

The Owner acknowledges and accepts that by offering a Subscription on the Site, it undertakes to be the owner of the Subscription concerned. In the event of any doubt as to the ownership of a Subscription, SPLIIIT reserves the right to withdraw the Owner's access to the Services under the conditions set out in the "Penalties for breaches" article of this Contract. 

Furthermore, the Owner undertakes to offer on the Site only Subscriptions (i) allowing the simultaneous connection of several users and (ii) subscribed in France.

Finally, the Owner is authorised to offer the Subscription on the Site during a free trial period provided that the Subscription is renewed at the end of the trial period.  If the Subscription is not renewed, SPLIIIT reserves the right to suspend the Owner's access to the Services under the conditions set out in the article "Penalties for non-compliance".

12.3 The User undertakes to make strictly personal use of the Services. Consequently, he/she shall not assign, grant or transfer all or part of his/her rights or obligations hereunder to a third party in any way whatsoever.

12.4 The User undertakes to provide SPLIIIT with all necessary information and, more generally, to cooperate actively with SPLIIIT for the proper performance of this Agreement.

12.5 The User is solely responsible for the content of any kind (editorial, graphic, audio, audiovisual or other, including the name and/or image chosen by the User to identify him/her on the Site) that he/she disseminates within the framework of the Services (hereinafter referred to as "Content").

The User guarantees SPLIIIT that it has all the rights and authorisations necessary for the dissemination of such Content.

The User undertakes to ensure that such Content is lawful, does not infringe public order, public morality or the rights of third parties, does not violate any legislative or regulatory provision and, more generally, is in no way likely to incur the civil or criminal liability of SPLIIIT.

The User is thus forbidden to distribute, in particular and without this list being exhaustive

- pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist Content,
- counterfeit Content,
- Content that is detrimental to the image of a third party,
- Content that is untruthful, misleading or that proposes or promotes illegal, fraudulent or deceptive activities,
- Content that is harmful to the computer systems of third parties (such as viruses, worms, Trojans etc.)and
more generally, Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any manner or form whatsoever.

12.6 The User acknowledges that the Services offer an additional, non-alternative solution for accessing Distributors' Subscriptions and that this solution is not a substitute for any other means the User may have to achieve the same objective.

12.7 The User is informed and accepts that the implementation of the Services requires that he/she be connected to the Internet and that the quality of the Services depends directly on this connection, for which he/she is solely responsible.

12.8 Establishing a relationship through the Site subjects the User to specific obligations, in particular with regard to tax and social security. In order to find out which obligations apply to him/her according to his/her own situation, the User is invited to consult the websites and practical information sheets put online by the French Treasury and Social Security and accessible at the links below:

The User is solely responsible for the proper completion of all administrative, fiscal and/or social formalities and for all payments of contributions, taxes or duties of any kind that may be required in connection with the use of the Services. SPLIIIT may not be held liable in any way in this respect.

13. User's guarantee

The User indemnifies SPLIIIT against all claims, complaints, actions and/or demands whatsoever that SPLIIIT may suffer as a result of the User's breach of any of its obligations or warranties under these terms and conditions.

He undertakes to compensate SPLIIIT for any loss it may suffer and to pay all costs, charges and/or fines that it may have to bear as a result.

14. Prohibited behaviours

14.1 It is strictly prohibited to use the Services for the following purposes:

14.2 Users are strictly prohibited from copying and/or misappropriating 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 SPLIIIT's systems, (iii) any misappropriation of the Site's system resources, (iv) any actions likely to impose a disproportionate burden on the latter's infrastructure, (v) any infringement of security and authentication measures, (vi) any act likely to prejudice the financial, commercial or moral rights and interests of SPLIIIT or of the users of its Site, and more generally (vii) any breach of these general conditions.

14.4 It is strictly forbidden to monetize, sell or license all or part of the access to the Services or the Site, as well as the information hosted and/or shared therein.

15. Penalties for non-compliance

In the event of a breach of any of the provisions of these general terms and conditions or, more generally, a breach 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 is the author of the breach or infringement, or who has participated in it,
(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) notify 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:

Termination automatically leads to the deletion of the User's Account, without prejudice to any other consequences that may arise in application of these general conditions.

16. SPLIIIT's liability and warranty

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 put online by Users as part of the Services, over which it does not carry out any moderation, selection, verification or control of any kind and in respect of which it acts solely as a hosting provider.

Consequently, SPLIIIT cannot be held responsible for Content, the authors of which are third parties, and any possible claim must be directed in the first instance to the author of the Content in question.

Content that is harmful to a third party may be notified to SPLIIIT in accordance with the terms and conditions set out in Article 6 I 5 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, with SPLIIIT reserving the right to take the measures described in the article entitled "Sanctions for breaches".

16.3 SPLIIIT acts as a broker in that it provides Owners and Subscribers with technical tools and means enabling them to enter into contact with each other for the purposes of subscribing to Subscriptions through the Site. Its responsibility is limited to the provision of 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 the Owners or Subscribers, who contract directly with each other.

SPLIIIT is not a party to the contracts concluded between the Owners and the Subscribers and shall in no way be held liable for any difficulties that may arise during the conclusion or performance of these contracts, nor shall it be a party to any disputes that may arise between the Owners and the Subscribers, in particular concerning Subscriptions, guarantees, declarations and any other obligations whatsoever to which the 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 and information that they may wish to bring to its attention concerning the quality of the transactions carried out via the Services.

16.4 SPLIIIT is a payment service provider, registered with the Register of Financial Agents under number 850505694. It is therefore subject to specific obligations which it undertakes to respect.

16.5 Furthermore, SPLIIIT does not guarantee the 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 shall not be held responsible for any difficulties or temporary impossibility of accessing the Site due to circumstances beyond its control, force majeure, or due to disruptions in the telecommunications networks.

16.7 SPLIIIT does not warrant to Users that (i) the Services, which are subject to constant research to improve performance and progress, will be completely free of errors, defects or deficiencies, (ii) the Services, being standard and not offered solely for the use of a particular User in accordance with his or her own personal requirements, will specifically meet his or her needs and expectations.

16.8 In any event, the liability that may be incurred by SPLIIIT under the terms of this Agreement is expressly limited to proven direct damage suffered by Users.

17. Intellectual Property

The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, databases, etc.) used by SPLIIIT within the Site are protected by all intellectual property rights or database producers' rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and, more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorisation of SPLIIIT is strictly prohibited and may be subject to legal proceedings.

18. Personal data

SPLIIIT has a personal data protection policy, the characteristics of which are set out in the document entitled "Personal Data Protection Charter", which the User is expressly invited to read.

19. Links and third party sites

SPLIIIT shall in no way 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 sites and mobile applications, which are governed by their own terms of use.

SPLIIIT is not responsible for transactions between Users and Distributors to whom Users are directed via the Site and shall not be a party to any disputes with such third parties concerning, in particular, the delivery of products and/or services, warranties, representations and other obligations of any kind to which such third parties are bound.

20. Force majeure

Under no circumstances shall the parties be held responsible for failures or delays in the execution of these general conditions due to one of the cases of force majeure as defined by article 1218 of the Civil Code and recognised by the jurisprudence, as well as, in any case, all acts of strike, terrorism and epidemic.

The occurrence of a case of force majeure suspends the execution of the general conditions as soon as one of the parties receives the information sent by registered letter with acknowledgement of receipt by the other party.

If a case of force majeure impeding the performance of its obligations by a party continues beyond a period of 30 (thirty) days, the general terms and conditions may be terminated immediately and automatically, without any judicial formalities, by either party, by any means in writing, without either party having to pay any compensation to the other.

21. Amendments

SPLIIIT reserves the right to modify these general conditions at any time.

The Registered User will be informed of such changes by email at least before they come into effect.

The User who does not accept the modified general conditions must unsubscribe from the Services in accordance with the terms and conditions set out in the article "Duration of the Services, unsubscription".

Subject to the article "Duration of the Services, deregistration", any User who uses the Services after the entry into force of the modified terms and conditions 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 which may arise between the User and SPLIIIT, in accordance with the conditions set out in Articles L611-1 et seq. and R612-1 et seq. of the Consumer Code.

To this end, he/she may contact the following Consumer Ombudsman:

Centre for Mediation and Amicable Settlement of Judicial Officers (Medicys)

Postal address: 73 Boulevard de Clichy, 75009
ParisElectronic address
:
[email protected]éléphone : 01 49 70 15 93https://medicys.fr/

23. Applicable law

The present general conditions are governed by French law.

 

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