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Legals
The service is edited by MOBILE PASS (hereinafter referred to as "MP" or the "Company") whose details appear in the "Editor and Customer Service" menu.
Access to the services offered on the "Play VOD" website accessible on the mobile application and / or SMS (hereinafter referred to as "Support (s)") implies unreserved acceptance of these provisions (hereinafter referred to as "Support"). after referred to as the "CG").
The CG are established in French and available online from the Support. While reserving the right to modify its GTC.
Article 0: Definitions
Each of the terms below will have in the singular as in the plural the meaning attributed to it below:
Subscription: means a paid package giving access to all Services over a period of one day expressly renewable for periods of the same duration, unless terminated under the conditions mentioned in these GTC. Subscription being charged to the User by SMS.
(Telecommunications) Operators: refers to the organization that operates a telecommunications network or provides or charges for fixed or mobile telecommunications services.
Services: means the services offered by SMS or Internet by the Company on the Supports.
SMS-MO (or Short Message Service Mobile Originated): means an SMS sent from the mobile phone of a User.
SMS-MT (or Short Message Service Mobile Terminated): means an SMS received on the mobile phone of a User.
Terminal: refers to a mobile phone with SMS and WAP access configured and connected.
Territory: refers to the territory on which the Services are accessible to Users, namely Egypt.
User (s): means any natural person or emancipated, unprofessional, validly registered on the Support and using the Service via its Terminal.
Article 1: object
The GTC determines the conditions under which the Services presented on the Support are offered to any User. The Service offered on the Support allows Users to take advantage of the service within the framework of a subscription subscribed for a period of one day and renewable expressly for a period of the same duration. Access to the Service is billed as SMS MT, on the Operator's invoice or on the User's prepaid card. The User receives a taxed MT SMS per day.
Article 2 - Essential Characteristics and Access to the Service
Duration
The Service offered by the Company on the Supports is accessible within the framework of a subscription concluded for a period of one day and renewable expressly for a period of the same duration. The User may terminate his subscription at any time under the conditions mentioned in the article "Unsubscription" accessible from the menu.
Subscription from a communication medium accessible by display, press, radio and push SMS cross (support "offline")
The User who wishes to subscribe to the Service must send a code or keyword indicated on the promotional medium to the short number indicated on the said medium by SMS MO. Once the access code has been entered and sent, the User will receive an SMS asking him to send the "OK" keyword to confirm his registration. He receives an SMS MT confirming his subscription.
Subscription from an electronically accessible communication medium ("online" support)
The User who wishes to subscribe to the Service must enter his phone number on the Support. He then receives a code by SMS MT which he must enter on the Support to access the Service.
Access to the Service and the Mobile Internet Network
Once the subscription request has been confirmed, the User will have direct access to the Service via his Account once created and will be able to access the features of the Service.
In case of failure to receive access codes, MP can not be held responsible for any failure to control either the mobile Internet network or the user's computer and telephone installation.
Access and use of the Service requires the use of equipment such as computers or mobile terminals, means of communication (such as mobile Internet access), software. This equipment is the sole responsibility of Users, as well as the communication costs incurred by their use.
Any use of the Service by the User from his place of work by means of a professional terminal must be made with the authorization of his employer or his superior.
The User must be of legal age to access the Service. MP can not be held responsible for the use of the Service by Users who violate this rule. As a result, minors must obtain permission from their parents (or persons with parental authority over the minor), before accessing the Service presented on this Support.
Article 3 - Prices and terms of payment for Services in the context of Company will not be liable for any direct or indirect damages suffered by the User when the User is at the origin thereof or when they result from a case of force majeure.
The responsibility of MP can not be blamed if a User does not respect the GC. Failure to comply with any of the foregoing obligations constitutes a default under which MP may terminate the Account and these GTC. In any case, the User shall indemnify MP against and indemnify him against any claim or recourse of third parties resulting from a breach by the User of his obligations under these GTC and, in particular, the declarations set out below. above.
In the event that this report or control reveals the violation by a User of the laws and regulations in force or its contractual obligations, the provisions of these GTC, including the article "Duration and Termination" may be applied.
Article 5 - Liability of MP
5.1 Use of Support
The Service proposed by MP relying on the use of complex technologies, no commitment of result could be taken by MP or recognized against him for the provision of the Service, the only commitments of MP being taken within the framework of a obligation of means.
MP will use its best efforts to make the Service accessible at all times, except in cases of force majeure, beyond its control and maintenance operations necessary to ensure the proper functioning of the Service.
Without prejudice to the foregoing, the User acknowledges that the Service is provided to him "as is" by MP and without any implicit or explicit guarantee of any kind, particularly as regards the complete satisfaction of the User.
The User acknowledges in particular that he can not engage the responsibility of MP in the event that he considers that the Service does not meet his expectations.
Notwithstanding any exemption of liability stipulated elsewhere in these GSC, the responsibility of MP can not be engaged in particular in the following cases:
- Difficulties of access to the Service due to the total or partial non-compliance of an obligation of the User, the use by the User of terminal equipment not adapted to the characteristics of the Service, a failure and / or saturation of telecommunications networks or by third parties, and in particular telephone operators,
- contamination by viruses or any other risky element of the User's Service and equipment, or other malicious intrusion by third parties despite the reasonable security measures implemented by MP,
- improper use of the Service by the User,
- damage that may be suffered by the User's equipment, these being under the sole responsibility of the latter,
- infringement of a User's rights of a third party, including infringement of intellectual property rights and copyright,
In particular, MP can not be held responsible for any interruption of the Services due to causes that are not directly attributable to it and / or that are beyond its control, for example due to malfunction of the telephone network.
As part of the provision of the Service, MP is led to use the services and distribution networks of third companies, which it has no control.
MP can not therefore be held responsible, in particular, for possible delays in accessing the Service, permanent or temporary interruptions in the transmission of data to the User's Terminal, or any other services provided by a third party.
The Service may be suspended by PM for maintenance purposes for periods that can not generally be longer than 48 hours, without the User being able to demand any compensation.
MP may at any time terminate the provision of the Service, in part or in whole.
It is expressly agreed that if MP's responsibility were to be upheld, it would in any event be limited to compensation for direct damages only, to the exclusion of any indirect damage whatsoever (such as, in particular, disappearance , loss, deterioration of data and / or any damage likely to adversely affect the User's equipment).
Support may contain images and links to third-party managed Web media ("Third-Party Media"). MP has no control over the Third-Party Supporters and assumes no responsibility for their content, including the content of the links presented in the Third-Party Supports, or changes or updates made to a Third-Party Support. MP is not responsible for webcasting or any other form of transmission received from a Third Party Support, or even the malfunction of Third Party Support (s). These links are not his honor, his reputation, the privacy of his private life, resulting from the dissemination or disclosure of information concerning him in the conditions provided herein, including the article "Right of access and protection of personal data ", to the extent that the User has previously, freely and explicitly consented to such disclosure because of his registration with the Service and in application of these Terms of Use.
MP can not be held responsible for (and consequences of) the accuracy or inaccuracy of the information and content provided by Users.
The User grants to the Company a license to use the intellectual property rights attached to all types of content provided by the User concerned for distribution on the Support. This license includes the right for the Company to reproduce, represent, adapt, translate, scan, use for the purposes of the Service or sublicense the contents concerning the User (information, images, description, search criteria, etc.) , on all or part of the Service (on the Support, by email, by Audiotel) and / or in the mailings of the Company and generally on all electronic communication media (SMS e-mail, MMS, WAP, Mobile Internet) as part of the Service.
The User expressly authorizes the Company to modify such content in order to comply with the graphic design of the Services or the other communication media referred to above and / or to make them compatible with its technical performance or the formats of the media concerned. These rights are granted for the whole world and for the entire duration of these GCs between the User and the Company.
Article 6 - Duration and Termination
6.1 Duration
The GTCs are concluded for an indefinite period which begins on the day of the Subscription subscription by the User on the Support. They may be denounced by the User at any time in the manner described in the following paragraphs of this article.
6.2 Termination of registration
Each User may unsubscribe from the Service by requesting the closure of his account at any time from the Company by clicking on the unsubscribe link directly accessible on the Support or by sending the keyword "Stop" to the short access number to the service or by any other means indicated by the Company. The unsubscription of the User of the Services will be effective the business day following receipt by the Company of the closing request of the Account concerned. The cancellation of registration is free of charge other than those necessary for the transmission of its request and without reason.
In the event that the User has also subscribed to a Subscription, it must imperatively ask for termination before unsubscribing from the Service and to request the closure of his Account by following the terms of termination mentioned in the provisions relating to this subject in the 'Unsubscribe' tab as mentioned below.
The user of the Play VOD service can also unsubscribe manually by inserting his phone number used for the subscription on http://www.my-subscriptions-eg.com/
He can also request the MOBILE PASS customer service by filling in the following form http://www.my-subscriptions-eg.com/contact.php
The User may also terminate his Subscription at the time of the deletion of his Account, following the indications specified from the "Unsubscribe" menu.
Article 7 - Intellectual property rights
The trademarks, figurative or otherwise (hereinafter "the brands") displayed on this Support or in any newsletter are trademarks, registered or not, belonging to MP and to third parties. The mention of trademarks in this Support does not imply or imply any right of use, license or authorization in any way relating to such marks without the written consent of MP or the third party concerned. Any use, not expressly authorized by the owners, of the marks mentioned on the Support and in its contents, other than that granted under the present ones, is strictly prohibited.
In addition, the User acknowledges that the Service (including in particular the user interface, the editorial content and the scripts and software used to implement the Service) contains information and protected elements belonging to MP and / or its licensors and which are protected by intellectual property laws, including in particular copyright. Similarly, and more generally, all content, such as logos, graphics, photographs, animations, texts contained on the Support and in the Services are the intellectual property of MP or its partners and can not be reproduced, used or represented without the express permission of MP or its partners, under pain of prosecution.
The rights of use granted by MP to the User are reserved for private and personal use in the context and for the duration of its use of the Services. Any other use by the User is prohibited without the authorization of MP.
The User is prohibited from modifying, copying, reproducing, downloading, broadcasting, transmitting, exploiting commercially and / or distributing in any way the Services, the Support pages, or the computer codes of the elements composing the Services and the support.
Article 8 - Right of access and protection of personal data - Cookies The User is invited to refer to the provisions relating to this subject from the Support menu (Service Info / Personal Data).
Article 9 - Claims Any complaint sent by the User to MP may only relate to the 12 (twelve) months preceding the date of receipt of said complaint. MP will not be required to consider requests from other channels. To be admissible, any request must be submitted by email to the address support-eg@my-subscriptions-eg.com and must include at least the following elements: - the complete details (surname, first name, postal address, email) of the User; - the name of the service concerned; - the subject of the request; - the phone number of the User as specified at the time of subscription; - the method of payment used; - a copy of the detailed invoice of the payment operator; - a bank account number;
Article 10 - Convention between the Parties The GCs constitute a contract governing the relations between MP and the User. They cancel and replace all previous provisions and express the entirety of the rights and obligations of the User and MP in the context of the present. The fact that one of the parties does not claim a breach by the other party of any of the obligations referred to herein shall not be construed for the future as a waiver of the obligation in question . If one or more provisions of the GTC are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and effect. scope. Article 11 - Disputes These GTC are subject to Egyptian law. In case of dispute (for which only the Gabonese courts will be competent), the User will first contact MP to obtain an amicable solution. In case of dispute concerning the interpretation, the execution and / or the validity of these GTC and in the absence of an amicable settlement, the rules of legal jurisdiction apply.