General terms and conditions of use
Article 1. General information and definition of the Service
Welcome to the general conditions of use for the service MACH1.tv/GB/ (hereinafter referred to as the “Service”), consisting of the website https://www.mach1.tv/GB/ (Hereinafter referred to as “the Website”).
The Website and the application are created, developed and operated by ALCHIMIE - a simplified joint stock company with a capital of €3,500,000 - RCS Bobigny No. 420 919 904 / Intracommunity VAT No. FR47 420919904 - 43-45, avenue Victor Hugo - Parc des Portes de Paris - 93534 Aubervilliers Cedex, France (hereinafter referred to as "the Editor").
The Website is co-edited by the Editor and the company:
- MACH 3 Management Ltd, a company incorporated under English law, whose registered office is at 27 Old Gloucester St, Holborn, London WC1N 3AX, United Kingdom, registered under number 11289513, (hereinafter referred to as the "Co-editor").
The Website’s Publication Manager is Mr Nicolas d’Hueppe.
The Service provides an offer that allows access to video content either in the form of videos on demand and/or channels (hereinafter defined as the "Programmes"). Some of the Programmes may be accessible free of charge, as well as some short excerpts from them. The Service provided is a paid subscription offer, on a weekly, monthly or annual basis depending on the subscription method chosen as presented in article 5.2. The Service provides Users with unlimited access, in whole or in part, to linear video streaming offers and/or streaming video on demand accessible 24 hours a day via the Internet (hereinafter referred to as the "Service"). Unlimited access (in whole or in part) depends on the type of subscription and the connected viewing medium that allows the integration of an OTT service, either from a compatible mobile phone that allows streaming video playback, from a tablet or personal computer, or from a smart television.
User refers to any person who is able to access all or part of the Service free of charge or for a fee via the Website or the application (hereinafter the "User(s)").
Users acknowledge that they will only be able to access the Website and the application as part of the Service if they unreservedly accept these GCU, those of any potential third-party partners and if they undertake to comply with them. The use of the Website, the application and the Service is only authorised within the family circle without written authorisation from the Editor: therefore any use outside this context is expressly forbidden.
Article 2. Access, availability of the Service
2.1. Access to the Service is (mostly) subject to payment in accordance with the terms of article 3.2 below.
Details of the offers, in particular the price and payment conditions, are indicated either on the Service’s home page or via any other communication medium used by the Editor and complete these ToU.
To be able to use the Service, Users must have a broadband internet connection, as well as a compatible terminal as mentioned below. The Service can be accessed from:
- a personal computer (Windows, Mac OS, Linux) via a compatible web browser (Firefox, Chrome, Explorer);
- a tablet running iOS or Android (with the exception of Kindle Fire) via the native web browser;
- a mobile phone running iOS, or Android that allows the streaming of video playback.
Video content can be played on:
- Chromecast type HDMI compatible with Cast Receiver v2;
- a TV via Android TV Box, Chromecast compatible with Cast Receiver v2, and AirPlay.
Users are invited to check the compatibility of their terminal before using the Service. The Editor cannot be held responsible for the consequences of Users' failure to comply with these terms and conditions.
In this respect, Users are informed that, in the event of an error on their part, they will be invoiced the cost of the Service, even if their terminal is not compatible with the Service. The Editor undertakes to ensure delivery of the Service. Nevertheless, the Editor cannot be held responsible for delays or transmission failures due to network disturbances. In particular, the Editor cannot guarantee Users a reception time or the correct reception of products transmitted via electronic communication networks.
2.2. The Services are available to Users 24/7, except in the case of technical maintenance by the Editor and/or intermediary operators, disruptions to telecommunication networks, and cases of force majeure.
The editor reserves the right to develop the content of the Service at its own discretion.
The content accessible from the Service is determined according to the country where Users subscribed to the Service (their country of residence). The list of contents is available in the MENU tab or its equivalent and in the different thematic sections.
Article 3. Subscription to the Service
3.1 Users can access the Service from the Website https://www.mach1.tv/GB/ via their compatible terminal’s browser by entering their login details.
3.2 When using the Service for the first time, non-subscribed Users are invited to subscribe to the Service. To do this, Users must first have a payment method that can be used on their terminal:
- either a mobile telephone or internet access (ISP) offer that allows for the payment of third-party services on the mobile operator's or ISP's bill;
- a credit card;
- or a PayPal account.
3.3 Once these conditions have been met, Users may subscribe to the Service according to one or more of the following conditions (subject to availability within the Service):
- Payment via Mobile invoice: The subscription is taken out according to mobile operators’ terms and conditions and its cost is debited from the User’s mobile phone bill.
- Payment by Internet invoice: The subscription is taken out according to the Internet Service Providers’ (ISPs) terms and its cost is debited from the User’s ISP bill.
- Payment by credit card or direct debit: The subscription is taken out according to the terms and conditions described for the Service and its cost is debited directly from the User's bank account.
- Payment via a PayPal account: The subscription is taken out according to the conditions of the PayPal payment service and its price is debited from the user's PayPal account. Payments made via the afore-mentioned methods are governed by the respective conditions that apply for each of the entities that control them (mobile operators, ISPs, banks, etc.) and that the Users have already accepted by virtue of the afore-mentioned provisions.
3.4 Users are invited to create an account either by providing a valid email, choosing a password, and completing their profile, or by logging in via their Facebook or Google account. In the latter case, the basic User information registered by the relevant social network will be communicated to the Editor for authentication within the Service.
3.5 In accordance with Article L221-13 of the French Consumer Code, subscription to the Service is subject to a confirmation message that the Editor sends to the User by email when an email address is used as a login for subscribing to the Service. Users undertake to provide the Editor with a valid personal email address. Failing this, the Editor cannot be held liable for any failure to issue the said order confirmation. This message contains information listed in Article L121-17 of the French Consumer Code as well as these ToU.
3.6 Once the subscription to the Service has been validated and the User's identity has been confirmed, the User has immediate access to the Service. Provided that the Editor maintains the possibility of doing so, Users may access the Service from several terminals using the same account. Nevertheless, the Service is accessible from one sole account, and within the limit of two simultaneous connections.
3.7 Access to the Service is reserved for adults only. Minors are allowed to use the Services provided that they have obtained prior authorisation from their parents (or the person exercising parental authority). It is recalled that, as their legal guardians, it is the responsibility of parents to monitor the use made of the Service by their child(ren). Any use of the Service by a minor implies that the minor has obtained this authorisation. The Editor reserves the right to request written proof of such authorisation at any time.
Article 4. Price
The price of subscription to the Service is indicated in GBP and includes all taxes.
The Editor reserves the right to modify the price of the subscription. However, any price increase will be subject to notification and the subscriber’s express agreement. Users who subscribed before the price change and who refuse the modification will have to cancel their subscription at the end of the month in progress. New Users subscribing to the Service will be subject to the new price.
It is recalled that connection and communication (Internet) costs relating to the use of the Service are not covered by the Editor and remain the responsibility of the User.
Article 5. Payment methods
Payment of the price of the Service is possible solely by direct debit using the various methods laid out in Article 3.3. In particular, depending on the case, it may be applied on the mobile operator's bill or on the bill of the subscriber's Internet Service Provider (ISP).
The payment transactions referred to in Article 3.3 are governed by the terms and conditions of sale concluded between Users and their payment method’s suppliers (mobile operator, ISP, PayPal, payment card). To that end, the Service’s Users are invited to refer to these terms and conditions of sale.
Article 6. Duration, withdrawal, renewal
6.1 The Editor offers a paying subscription that allows unlimited access to the Service for a tacitly renewable period of a fixed duration.
The Editor may in some cases offer free trial periods (example: first week free of charge). These promotional offers are valid once only when first subscribing to the Service. If the subscription is not cancelled before the end of the promotional period in accordance with the terms and conditions described in article 7, the subscription is automatically renewed at the price indicated in the offer.
The Editor reserves the right, at its sole discretion, to determine your eligibility for a free trial and to limit it, as well as its duration, in order to prevent any abuse. The Editor reserves the right to revoke the free trial and suspend your account if it deems that you do not qualify. Persons in your family who are current or recent Users of the Service are not eligible. The Editor may use information such as device ID, payment method, or account email address used with an existing or recent subscription to the Service to determine eligibility. Restrictions may apply in case of conjunction with other offers.
6.2 Unless terminated by the User under the terms of Article 7, the subscription to the Service and/or any options is tacitly renewed for a period identical to that initially subscribed to.
Unless otherwise indicated in the sales proposal and unless terminated by the User in accordance with the terms of Article 7, any free trial offer for the Service is turned into a subscription at the price and for the duration indicated in the offer.
6.3 You have a legal right to change your mind and to withdraw from any purchase made on the Service within fourteen (14) days from the date of subscribing to and accepting these ToU. This fourteen-day period is called the “cooling-off period”.
If you are entitled to a refund, we will reimburse you within fourteen days of your cancellation, using the same payment method you used for the initial payment.
Article 7. Unsubscribing from the Service
To cancel the subscription taken out, Users must comply with the terms and conditions described below.
7.1 Generally speaking, Users may manage and, in particular, cancel their subscription to the Service at any time directly from the "My Account" (or similar) section in the Service’s "Settings" menu or by visiting the following web page: https://www.mach1.tv/GB/unsubscribe
7.2 Depending on the method of payment chosen by Users to subscribe to the Service, the specific methods for unsubscribing listed below are also available:
- In case of payment by Mobile Billing: It is possible to unsubscribe at any time via the 'My Purchases' section (or equivalent) in the customer area provided by the User's mobile operator.
- In case of payment by Internet Billing: It is possible to unsubscribe at any time via the 'My Purchases' section (or equivalent) in the customer area provided by the User's ISP.
- In case of payment by credit card or direct debit: It is possible to unsubscribe at any time according to the terms and conditions provided by the User's bank.
- In case of payment via a PayPal account: it is possible to unsubscribe at any time according to the terms and conditions provided by the PayPal payment service.
7.3 The subscription to the Service must be terminated before the last day of the period in progress. Termination takes effect at the end of the period in progress. Users can access the Service until the actual date of termination. No partial refund of the price of the Service is possible in this case.
Article 8. Personal data and cookies
Article 9. Declaration, commitment and responsibility of Users
9.1 The Editor cannot be held liable in the event of Users’ non-execution or poor execution of these ToU, unforeseeable and insurmountable events by a third party or in the event of force majeure as defined by article 1218 of the French Civil Code. The Editor declines all responsibility in the event of a false or erroneous declaration by a User.
9.2 Users declare that they are aware of the characteristics and limits of mobile and internet telecommunication networks and acknowledge that:
- data transmission on mobile and fixed telecommunication networks offer only relative technical reliability, since they circulate on heterogeneous networks with different characteristics and technical capacities, which are sometimes saturated or unavailable at certain times of the day;
- that the equipment with which Users connect to and use the Service is under Users’ full responsibility and that, consequently, the Editor is in no way liable for any damage that may be caused to the equipment or to third parties as a result of using the Service or resulting from unauthorised use of their terminal by a third party.
9.3 Users waive the Editor's liability concerning one or more of the facts or events mentioned above.
9.4 Users are solely responsible for information transmitted within the frame of using the Service and guarantee the Editor its sincerity.
9.5 Users who accesses the Service acknowledge that it is forbidden to:
- reproduce and permanently store, sell, transmit, transfer reproductions, offer, make available, rent or give all or part of the content and/or television Programmes broadcast as part of the Service or any other element composing the Service;
- publish, whether online or offline, or distribute any image, sound, file, graphic, animation or any other element composing the Service or its contents;
- engage in the public exploitation of any element composing the television Programmes, the Service, or its contents;
- damage the databases used by the Editor;
- access or remain fraudulently in the computer systems operated by the Editor within the frame of the Service.
Users are informed that failure to comply with these provisions may involve their civil and criminal liability. The Editor shall not be liable in any way whatsoever for any use of the Service and/or its contents that violate these ToU.
Article 10. Intellectual property
10.1 The entire Service and, in particular, all the content distributed by the Editor is protected by French and international intellectual property laws. Users undertake not to infringe the Editor's intellectual property rights relating to the Service, television Programmes or broadcast content, and as such undertake, in particular, not to redistribute them directly or indirectly to third parties, not to modify them in any way, and not to infringe their integrity or security. In the event of a violation, Users may be held liable for the following.
10.2 Any full or partial representation of the Website or the application, the Service and/or the elements composing them by any process whatsoever, without the express authorisation of the Editor is prohibited and shall constitute an infringement punishable under articles L. 335-2 et seq. of the French Intellectual Property Code.
10.3 Any artificial use of the Service, via automated processes such as robots or scripts, or by any other means is strictly prohibited.
10.4 All the content distributed within the Service has been the subject of an operating licence granted to the Editor by the rightful owners and is therefore legally exploited.
Article 11. Termination
The Editor reserves the right, without formality and by operation of law, to terminate or suspend the agreement to use the Service, without compensation and without any right to reimbursement, in the event of:
· total or partial non-payment by Users of the cost of their subscription to the Service.
Article 12. Customer contact, complaints and mediation
12.1 Customer Contacts:
By email [email protected]
Any claim and/or dispute by Users against the Service must be submitted to the Editor by email at the address referred to in article 12.1.
The Editor will not be obliged to respond to requests sent to it by other means (postal addresses, SMS, social networks, etc.) Any request must include the following elements:
- the name of the service concerned and its billing reference allocated by its operator;
- the subject of the request, specifying the devices and browser used;
- the User's full contact details (surname, first name, postal address);
- information relating to the User, such as the User's login details or any of the information indicated in article 3.4 above;
- the date and time of the order;
- the payment method used.
Article 13. Applicable law and jurisdiction
This contract is governed by French law. Any dispute relating to the validity, interpretation or execution of this contract, and following the failure of any reconciliation, will be submitted to the courts of Paris.