Terms and conditions of use
Effective date: 20/10/2020
These general terms of use apply without restriction or reservation to all services offered by SPLIIIT on the website https://www.spliiit.com (hereinafter the "Site").
The Site is a platform that offers to connect users (hereinafter the "Owners") who have subscriptions (hereinafter the "Subscriptions") to a 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").
The Owners and the Subscribers are hereinafter referred to together as the "Users".
The Site allows Owners and Subscribers to share the price of the Subscriptions concerned (hereinafter the "Services").
The purpose of the present general conditions is to define the terms and conditions of use of the Services as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time via a direct link at the bottom of the Site.
These general terms and conditions of sale 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, prevail over them.
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 the number 850 505 694, whose headquarters are located at 2 rue Gustave Eiffel, 10430 Rosières-près-Troyes, France.
SPLIIIT can be contacted at the following address, in particular for any complaint:
Postal address: 2 rue Gustave Eiffel, 10430 Rosières-près-Troyes, France
E-mail address: [email protected]
3.1 Legal capacity
The Site and the Services are accessible :
- to any natural person with full legal capacity to commit to these terms and conditions. A natural person who does not have full legal capacity may only access the Site and the Services with the agreement of his or her legal representative;
- any legal entity acting through a natural person with the power or authority required to enter into a contract in the name and on behalf of the legal entity.
3.2 Site and Services reserved 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 related to a remunerated activity carried out in a non-occasional manner in all sectors of activity of industry and commerce.
The acceptance of the present general conditions is materialized by a checkbox in the registration form. This acceptance can only be full and complete. Any conditional acceptance is considered null and void. The User who does not agree to be bound by these terms and conditions must not access the Site or use the Services.
Users are expressly informed and agree that they are contracting directly with the Distributor who offers the relevant Subscription, by accepting the Distributor's terms and conditions through a checkbox when they register on the Site.
To use the Services, the User must :
- either fill in the registration form available on the Site ;
- or be registered with one of the third-party sites indicated on the Site and use his connection identifiers to said third-party site to register on the Site. In this case, the User must provide SPLIIIT with any additional information requested. The User expressly authorizes SPLIIIT to access his account data on the third-party site concerned.
In all cases, the User must provide all information marked as mandatory. Any incomplete registration will not be validated.
A user account corresponds to a physical person so only one user account is authorized per person.
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 guarantees that all the information he/she gives in the registration form or that he/she provides through the third party sites mentioned above is accurate, up-to-date and sincere and is not misleading.
The User undertakes to update this information in his 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 purpose of creating or updating his Account is proof of his identity. The information entered by the User is binding upon validation.
The User can access his Personal Space at any time after having identified himself with 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 at the address and telephone number mentioned 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.
Prior to any online subscription and in application of the provisions of article L111-1 of the French Consumer Code, the User may take note of 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 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 regard, SPLIIIT will refuse to share any Subscription that does not meet this criteria.
The Owner who receives a Subscription request through the Site undertakes to respond to such request within 48 hours of receipt of such request.
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 that will be sent to him/her directly by the Owner, within 12 hours of the confirmation of his/her 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 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 wallet. In this respect, the Owner may provide SPLIIIT with all the documents requested and in particular his IBAN, so that he can pay the amounts concerned into a bank account from his wallet. The Owner may also decide to use the funds available in his wallet directly on the Site.
As an exception to the above, the Owner acknowledges and agrees that the amount of the Subscriber's subscription will only be paid to the Owner after SPLIIIT has collected the amounts 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 its Subscriptions, its Subscription will remain available to Subscribers for 30 (thirty) days following the payment of the Subscription by the last Subscriber to make the payment.
In the event of a refund, the owner will be charged €0.30 per refunded user.
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 Memberships by the Owner and acts only as a payment service provider in the relationship between the Owners and the persons concerned by the sharing.
7.2 Services provided to Subscribers
The Subscriber who wishes to subscribe to a Subscription via the Website acknowledges and accepts that his or her subscription is conditional upon 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 email.
No cancellation of the request is possible within one hour of this request. 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, SPLIIIT will debit the amount corresponding to the first month of Subscription, in accordance with the conditions set out in the article "Financial Conditions".
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 deducted.
In the event that the Owner terminates his or her Subscription, SPLIIIT undertakes to reimburse the Subscriber for the monthly amount of the Subscription, pro rata 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 agrees 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.
Therefore, no refund can be made if the Subscriber accesses a private offer proposed outside the platform.
7.3 Messaging
Users also have access to a messaging system allowing 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, in particular in the context of legal action.
7.4 Ambassadors Program
In addition to the Services described on the Site, SPLIIIT offers Users an ambassador program (hereinafter the "Ambassador Program"), the conditions of access to which are also described on the Site.
In addition to these terms and conditions, a User who wishes 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.
8.1 Price
The Services are provided by SPLIIIT to the Owners free of charge, except for the connection fees 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 expressed in Euros and include all French or any other European Union taxes.
SPLIIIT reserves the right, at its own discretion and in accordance with the terms and conditions of which it shall be the sole judge, to propose promotional offers or price reductions.
8.2 Revision of prices
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 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 effect.
Once they have come into force, the new prices shall apply when the Subscription is renewed.
8.3 Billing
The Services are subject to invoices that are made available to the User on his Personal Space.
8.4 Payment methods
Payment of the price of the Subscription is made by direct debit using the User's credit card number.
The direct debit is implemented by the companies Lemonway (CGU Lemonway), CentralPay & Stripe, which alone retain 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, and then on the anniversary date of each renewal.
The User warrants to 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 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 dispute 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. However, this set-off shall not have the effect of releasing the parties from their accounting obligations, in particular with respect 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 its due date will automatically lead, after 3 (three) unsuccessful attempts to collect the amount, without prejudice to the provisions of the articles "sanction of failures" and "resolution", to the immediate suspension of the Services in progress until full payment of all amounts due by the User.
When communicating his banking information, the User is required to provide accurate information.
In case of rejection of an outgoing transfer, a fee of 15 Euros (excl. VAT) will be applied to the User's account.
The Services are subscribed for an indefinite period.
The User may unsubscribe from the Services at any time, via his Personal Space.
SPLIIIT's cancellation is effected by sending an email to the User. Unsubscription is effective within a maximum of 7 (seven) days from the date of this request.
It results in the automatic deletion of the User's Account.
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 from 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 mentioned 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.
The User expressly acknowledges and agrees:
(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 such data constitute the principal means of proof accepted between the parties, in particular for the calculation of sums due to SPLIIIT.
The User may access this data in its Personal Space.
Without prejudice to the other obligations set forth herein, the User undertakes to comply with the following obligations.
12.1 The User undertakes, in his use of the Services, to respect 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 read on the Site the characteristics and constraints, in particular technical, of all the Services. The User is solely responsible for his use of the Services and, in particular, for the relationships he may establish with other Users and for the information he 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 discretion in these relationships and communications. The User also agrees to respect the usual rules of politeness and courtesy in his exchanges with other Users.
In this regard, the Subscriber acknowledges and agrees that he/she shall not modify the information related to the Owner's Subscription and available when connecting to the Distributor's site, in particular the Owner's contact and payment information.
The Subscriber is also responsible for maintaining the confidentiality of the login and password and agrees in this regard not to communicate them to a third party and to use them for purely personal purposes.
In addition, the Subscriber acknowledges and agrees 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, the Subscriber 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, he/she undertakes to own the Subscription concerned. In the event of doubt as to the ownership of a Subscription, SPLIIIT reserves the right to cancel the Owner's access to the Services under the conditions set out in the "Penalties for non-compliance" article of this Agreement.
Furthermore, the Owner undertakes to offer on the Site only Subscriptions (i) allowing the simultaneous connection of several users and (ii) subscribed in country of residence.
Finally, the Owner is authorized 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 entitled "Sanctions 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 any name and/or image chosen by the User to identify him or her on the Site) that he or she disseminates within the framework of the Services (hereinafter referred to as "Content").
The User warrants to SPLIIIT that he or she has all the rights and authorizations necessary for the dissemination of such Content.
The User undertakes to ensure that such Content is lawful, does not infringe public policy, public morality or the rights of third parties, does not violate any legislative or regulatory provision and, more generally, is not in any way liable to incur the civil or criminal liability of SPLIIIT.
The User is thus prohibited from disseminating, 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
- infringing Content,
- Content that violates the image of a third party,
- Content that is false, misleading or that proposes or promotes illicit, fraudulent or deceptive activities,
- Content that is harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.),
- and more generally Content likely to infringe the rights of third parties or to be prejudicial to third parties, in any way and in any 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 other means that the User may have at his disposal 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 alone is responsible.
12.8 The establishment of 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 are incumbent upon him/her according to his/her own situation, the User is invited to consult the sites and practical information sheets put online by the French Treasury and Social Security and accessible at the links below:
- Tax obligations (https://www.impots.gouv.fr/portail/node/10841);
- Social obligations (http://www.securite-sociale.fr/Vos-droits-et-demarches-dans-le-cadre-des-activites-economiques-entre-particuliers-Article-87).
The User is solely responsible for the proper completion of all administrative, tax and/or social security formalities and for all payments of contributions, taxes or duties of any kind that may be due in connection with his or her use of the Services. SPLIIIT shall not be held liable in any way in this respect.
The User indemnifies SPLIIIT against any and all claims, complaints, actions and/or demands that SPLIIIT may suffer as a result of the User's breach of any of its obligations or warranties under these terms and conditions.
The User undertakes to indemnify SPLIIIT for any damage it may suffer and to pay all costs, charges and/or judgments it may incur as a result.
14.1 It is strictly prohibited to use the Services for the following purposes
- engaging in illegal, fraudulent activities or activities that infringe the rights or safety of third parties,
- undermining public order or violating laws and regulations in force,
- intrusion into the computer system of a third party or any activity of a nature to harm, control, interfere with, or intercept all or part of the computer system of a third party, violate its integrity or security,
- sending unsolicited emails and/or commercial solicitations,
- manipulations intended to improve the referencing of a third site,
- the use of the Site to disseminate information or links redirecting to a third party site,
- assistance or incitement, in any form and in any manner whatsoever, to one or more of the acts and activities described above,
- and more generally any practice that diverts the Services for purposes other than those for which they were designed.
14.2 Users are strictly prohibited from copying and/or misappropriating for their own purposes or those of third parties the design, 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 behavior 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 lastly, more generally, (vii) any breach of these general conditions.
14.4 It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or the Site, as well as to the information hosted and/or shared therein.
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) delete any Content posted on the Site in connection with the breach or violation 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 punishment 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 by operation of law, 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 this clause,
- or in case of repetition of a breach previously reported by registered letter with acknowledgement of receipt, the resolution taking effect automatically on the date of sending 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 the deletion of the User's Account, without prejudice to any other consequences that may arise in application of these general conditions.
16.1 SPLIIIT undertakes to provide the Services diligently and by the rule book, 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 placed online by Users in the context of the Services, on which it does not carry out any moderation, selection, verification or control of any kind and in respect of which it acts only as a hosting 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 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 "Penalties 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 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 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 they may wish to bring to its attention concerning the quality of the transactions carried out through 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 to 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 regard, SPLIIIT reserves the right to interrupt access to the Site temporarily for maintenance purposes. Similarly, SPLIIIT shall not be held liable for any difficulties or temporary impossibility of access to the Site due to circumstances beyond its control, force majeure or disruption of telecommunications networks.
16.7 SPLIIIT does not warrant to Users (i) that the Services, which are subject to constant research to improve their performance and progress, will be completely free of errors, defects or deficiencies, (ii) that the Services, being standard and in no way offered solely for the benefit of a given User according to his or her own personal constraints, will specifically meet his or her needs and expectations.
16.8 In any event, the liability that may be incurred by SPLIIIT hereunder is expressly limited to proven direct damages suffered by Users.
The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, trademarks, 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 authorization of SPLIIIT is strictly prohibited and may be subject to legal proceedings.
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.
SPLIIIT shall in no event 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 assumes 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 not responsible for transactions between Users and Distributors to whom Users are directed through the Site and shall not be a party to any dispute with such third parties concerning the delivery of products and/or services, warranties, representations or other obligations of any kind to which such third parties are bound.
Under no circumstances shall the parties be held liable for any failure or delay in the execution of these general conditions due to a case of force majeure as defined by Article 1218 of the Civil Code and recognized by the jurisprudence, as well as, in any event, 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 by right, without judicial formalities, by either party, by any written means, without either party having to pay any compensation to the other.
SPLIIIT reserves the right to modify these general conditions at any time.
The registered User will be informed of these modifications by email at least before they come into force.
Any User who does not accept the modified terms and conditions must unsubscribe from the Services in accordance with the terms and conditions set out in the article "Duration of Services, Unsubscription".
Subject to the article "Duration of the Services, unsubscription", any User who uses the Services after the entry into force of the modified general conditions is deemed to have accepted these modifications.
The User has the right to have recourse free of charge to a consumer mediator for the amicable resolution of any dispute concerning the performance of the present contract which may arise between the User and SPLIIIT, in accordance with the conditions laid down in Articles L611-1 et seq. and R612-1 et seq. of the Consumer Code.
In the event of a dispute between the User and SPLIIIT, the User (located in France) 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 consumer located in the European Union, he/she can go to the European platform for the settlement of consumer law disputes accessible by following the link below
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The present general conditions are governed by French law.