GENERAL TERMS AND CONDITIONS OF USE
Last update: 24/06/2016
These general terms and conditions of use (hereinafter “the General Conditions”) are concluded between Eutelsat, 70 rue Balard 75015 Paris (hereinafter “Eutelsat”) and the User, as identified during the process for opening the account of the User (hereinafter “the User”).
1. Publication and hosting of the Website and application
1.1 Publication of the Website and application
The Website is published by 1min30
SIREN: 429 419 179 RCS PARIS
Registered office: 25, rue Cail – 75010 Paris
Capital: 8,000 €
Publication manager: Agence 1min30
The application is published by Wiztivi SAS.
SIREN: 500 990 296 RCS NANTES
Registered office: Atlanpole La Fleuriaye, 2 bis avenue du Professeur Jean Rouxel, BP 20701, 44481 Carquefou Cedex, France
Capital: 179,448 €
1.2 Hosting of the Website and application
The Website is hosted by Presslabs.
Address: Str. Vasile Alecsandri nr.3, Etaj 3, Ap 12 Timisoara, TM 300078 Romania.
The application is hosted by Wiztivi SAS.
2. Purpose of the General Conditions
Eutelsat offers the User, on the Website accessible at http://www.sat.tv (hereinafter “the Website”), (i) a service called “Sat.tv” comprising a TV programme guide for free HOTBIRD satellite channels, and (ii) a mobile application which enables the User to find out at any time the programmes broadcast on the satellite, filter channels and favourite programmes, obtain customised recommendations and receive alerts (hereinafter the “Services”). The Services are presented on the pages of the Website Services include, without this list being exhaustive, the proposed content, the elements of content enhancement, the provision of tools, in particular the mobile application (hereinafter referred to as the “Application”).
Eutelsat reserves the right to add, delete or change all or part of the spaces of the Services it offers.
Eutelsat reserves the right to update, modify and/or delete all or part of the Services at any time without notice.
The purpose of these General Conditions is to govern the provision and/or access by the User to these Services and how he uses them.
Access to and use of all or part of the Services offered on the Website imply the User’s full and unreserved acceptance of all these General Conditions.
The User therefore confirms that he has read and understood these General Conditions before using the Services. The User undertakes to comply with these General Conditions.
Acceptance of the General Conditions excludes the application of any different or contrary provision. The provisions of these Terms and Conditions shall prevail in any event.
Any use of the Services contrary to the General Conditions is prohibited and punishable, in accordance with Article 8 of these General Conditions.
3.Content of Services
Eutelsat offers the following Services to the User:
3.1 Services offered without identification of the User
Presentation of Television channels available on the HOT BIRD satellite.
TV programme guide for free HOT BIRD satellite channels.
3.2 Services offered with identification and prior registration of the User:
Filtering of channels and favourite programmes.
Suggestion of programmes that may be of interest to the User.
This registration can be done either on the Website or, where applicable, by other means offered by Eutelsat, and in particular by the use of mobile tools (including mobile telephones).
Eutelsat may create new services subject to access and/or decide that a free access service will be subject to access.
4. Opening a User Account (User registration)
The User is required to communicate personal information to Eutelsat, which will then allow to identify him and facilitate access to the Website and Services and the use of the Services.
The User shall thus communicate his:
– Email address
– Year of birth
– Country of residence
– Languages spoken
– Types and kinds of favourite programmes
When the User completes the registration form for the Services, he undertakes to complete it correctly, and in particular only to provide accurate, up-to-date and complete information.
If Eutelsat discovers that all or part of the information provided at the time of registration is incorrect or incomplete, it reserves the right to suspend and/or terminate the User’s Account and/or block further access and/or use of the Services, without prejudice to any other remedy or action.
Registration implies express and unreserved acceptance by the User of these General Conditions.
By accepting these General Conditions, the User acknowledges that he has the legal capacity to enter into such an agreement or has the permission of the authorised person.
5. Logins and password
When registering, the User is prompted to enter his email address which identifies him (the “Login”) and to choose a password of at least four alphanumeric characters (the “Password”).
The Login chosen by the User also must not:
– refer to a political orientation, ethnicity, community, religion,
– be vulgar or insulting, have a sexual or pornographic connotation,
– refer to a narcotic product or other substance prohibited by French law,
– refer to alcoholic beverages, tobacco or tobacco products,
– be written or spelled differently to circumvent the rules imposed above.
Eutelsat reserves the right to delete and/or ask to retrieve Logins, at any time and for whatever reason, including, without limitation, due to third party claims indicating that a login constitutes an infringement of their rights.
The Password is personal and confidential. The User is solely responsible for his Password. He undertakes not to disclose it to third parties and to take all necessary precautions to ensure that third parties do not have access to it.
To ensure the security of his Account, the User undertakes:
– not to disclose his Login or Password to third parties;
– to take all necessary precautions to prevent third parties from accessing them;
– to take all measures to ensure that a third party cannot access the Account that the User has activated, even without his knowledge;
– not to give a third party access to his Account;
– to use a personal email box and not to share this address;
– that Eutelsat can easily contact the User, for any reason whatsoever, via his email address.
The loan, sharing, exchange, donation, purchase, transfer and sale of Accounts is prohibited. Any loan, sharing, exchange, purchase, transfer or sale of an Account will not be enforceable against Eutelsat and may give rise to the penalties provided for in
Article 9 of these General Conditions.
The User is solely responsible for the use of his Account. Any connection or transmission of orders or data made using his Password will be deemed to have been made by him and under his sole responsibility.
To protect the personal and confidential nature of his access, the User is advised to log out of his Account at the end of each access session by clicking on “Sign out” or any similar wording proposed.
In case of fraudulent use of his Account and/or Password, or in case of loss or theft of his Password, the User undertakes to immediately inform Eutelsat.
If the User reasonably suspects a breach of security, including the loss, theft or unauthorised use of his login and password or any other problem related to the security of his Account, he must immediately report it to Eutelsat. Eutelsat may then reset his password.
Eutelsat may also block access to the Account in question.
If the Password is forgotten, the User indicates this on the opening page of the Website by clicking on “I forgot my Password”. In this case, the User must enter his Login and will receive, at the email address indicated at the time of registration, an email indicating a new password.
6. Protection of personal data
6.1. In accordance with Law n° 78-17 of January 6, 1978 as amended, relating to information technology, files and freedoms, Eutelsat informs the User that it respects the confidentiality, integrity and security of the information he may communicate to it via the Site or Services.
Any personal data directly identifying the User, including: email address or telephone number, or indirectly, is considered according to the applicable legislation as confidential data and treated as such.
However, it is understood that if the User indicates his surname and forename in his email address, he may not oppose the confidential nature of this data against Eutelsat.
The opening of a User Account is subject to the processing of personal data under the responsibility of Eutelsat, which the User accepts.
This processing of the User’s personal data is declared to the French data protection agency (Commission Nationale de l’Informatique et des Libertés (CNIL)), the country in which Eutelsat is based.
Eutelsat updates the CNIL declaration if necessary.
The data collected comes from the provision of their information by persons wishing to access or use the Services and become a User.
The data may be used to manage operations performed on the Website, and in particular access to and use of the Services.
Eutelsat keeps the User’s personal data for the time necessary for the purposes described in this Article and for the purposes of keeping the necessary elements in case its liability in contract and/or in tort is incurred. Beyond this period, only anonymised statistical data will be kept and will not give rise to any exploitation, of any kind whatsoever.
The User has the right to delete his personal data, directly via the mobile Application, after identifying himself.
Subject to proving his identity / email address, the User has a right to access, modify, rectify and delete his personal data. The User can exercise this right by writing to Eutelsat at the following email address: firstname.lastname@example.org.
The User may disable the storage of cookies at any time, or delete cookies already saved on his computer, by setting the privacy options of his Internet browser (for example: Tools > Clear > Cookies, for Mozilla Firefox, and Tools > Delete Browsing History > Delete Cookies for Microsoft Internet Explorer).
Eutelsat also reserves the right to collect certain information:
– related to the User’s computer (IP, ISP, hardware configuration, software configuration)
– related to Services (log and history of all data exchanges, connection log and history).
Eutelsat may use this information for any purpose, in particular to target the promotion of content and TV channels, improve the use of Services or monitor compliance with the terms of these General Conditions.
Eutelsat will not transmit the User’s data to business partners. All information contained on the servers may be used by Eutelsat to perform any type of control for the purposes of prevention and sanction.
6.3. Generally, Eutelsat undertakes not to disclose the personal data of its Users, except with their express consent or in very specific circumstances, such as those contemplated and specified in these General Conditions, and in particular:
– Eutelsat may be required – by law, within the framework of court proceedings, a dispute and/or a request by the public authorities of the User’s country of residence or otherwise – to disclose the abovementioned personal data;
– Eutelsat may also disclose this data if the disclosure is necessary for the purposes of national security, law enforcement or another matter of public concern;
– Eutelsat may also disclose data concerning its Users if such disclosure is reasonably necessary to enforce compliance with these General Conditions or to protect its operations or its Users;
– in case of restructuring or transfer, Eutelsat may transfer any personal data it keeps to the concerned third party.
7. Provision and Use of Services
7.1 Commitments and Responsibility of Eutelsat
No provision of these General Conditions shall affect the statutory rights which the User may claim as a consumer and which the User may not waive under a contract.
Eutelsat provides the Services “as is”, and provides no warranty in this regard. In particular, Eutelsat makes no commitment as to the availability of access.
Given, in particular, the technical hazards associated with the decentralised operation of the Internet, Eutelsat provides no guarantee as to the continuity of service or absence of errors in the Services.
To the fullest extent permitted by the regulations in force, Eutelsat makes no commitment, express or implied, in particular concerning the quality and compatibility of the Services with the User’s intended purposes. No information or advice given by
Eutelsat, via the Services or not, creates any obligation for Eutelsat or any warranty.
In particular, Eutelsat neither represents nor warrants:
– that the use of the Services will meet the User’s needs;
– that the use made of the Services by the User will be uninterrupted, timely, secure or error free;
– that any information obtained using the Services will be accurate or reliable;
– that defects in the operation or functionality of any software that has been supplied to the User in connection with the Services will be corrected.
Eutelsat does not guarantee that access to all or part of the Services shall remain free indefinitely. In case of the introduction of new paid services or change of a free service into a paid service, Specific Conditions of Use will first be proposed to the User or, where appropriate, new General Conditions of Use.
Subject to the warranties expressly provided in these General Conditions, no condition, warranty or other terms (including any implied warranties of satisfactory quality, fitness for a particular purpose or compliance with the description) apply to the Services.
If Eutelsat’s liability is nevertheless incurred, the compensation will only apply to direct, personal and certain damage, to the exclusion, without this list being exhaustive, of all indirect and/or non-material damage and/or injury, such as commercial, moral and financial prejudice, including any loss of profits due to or based on the use of the Website or Services.
In any event, Eutelsat may not be held liable in case of fault or act wholly or partially attributable to the User, a third party or in case of the occurrence of a force majeure event.
In all cases where Eutelsat’s liability may be incurred, no action or claim whatsoever may be brought or made against Eutelsat more than 1 (one) year after the date of the breach committed by Eutelsat.
7.2 Partners’ liability
Services presented by Eutelsat’s partners are done so under their sole responsibility. Accordingly, Eutelsat is released from all liability regarding the content and/or services offered by partners through the Website and/or Services, which the User expressly accepts.
7.3 Intellectual property – Parasitism – Prohibition on the use of data – Protection of the Website and databases
N.B.: All information and data present or accessible by the Eutelsat website may in no case be copied and used for purposes other than private consultation by the User directly connected to the Website and the Application. Eutelsat is and will be particularly vigilant, and take any appropriate action against any copy carried out in violation of intellectual property rights and/or the law and/or the General Conditions of the Website.
If the User wishes to use the information and/or services of the Website in another context, and/or to disseminate data, he must contact Eutelsat:
Telephone: +33 153 98 47 47
The names, images, logos or any other distinctive sign on the Website identifying Eutelsat and/or its partners and/or third parties and/or their products and services is content protected by intellectual property rights, and in particular trademark rights, design rights and/or copyrights and related rights, in France and abroad.
The Services and their content, the general structure of the Website, Services, editorial content, images, photographs, sounds, videos or multimedia, the Application, software and databases used and all other content on the Website and in the Services, are protected under copyrights, related rights and/or the sui generis right of the database producer and, generally, by the common law of civil liability and by the applicable international conventions.
Eutelsat and/or its partners are the sole proprietors of the aforementioned intellectual property rights on all content presented on the Website and in the Services.
The User undertakes to respect these rights.
In this respect, and under penalty of civil and/or criminal proceedings, without the express agreement of Eutelsat, the User undertakes, in particular, not to:
– reproduce, represent, modify, publish, adapt, on any medium whatsoever, by any means whatsoever, any element present on the Site and Services;
– infringe in any way the computerised systems implemented for the provision of the Services, including any intrusion or attempted intrusion;
– carry out any reverse engineering of all or part of the Services;
– compile, decompile or disassemble all or part of the Services;
– modify or create programs developed on all or part of the Services, including to – – – – correct any errors. Only Eutelsat is authorised to carry out any corrections;
– distribute and/or disseminate copies of all or part of the Services;
– remove or delete any mention and/or any proprietary information present on all or part of the Services;
– resell, lease, sublease or transfer the Services in any way whatsoever to any third party.
Any use of the information, data and elements of the Website and Services, for any reason whatsoever apart from simple direct consultation on the Website by the User, is strictly prohibited, without the prior written consent of Eutelsat.
The possible access to information on the Website and to some data may not under any circumstances allow the User to consider that he can extract, substantially or not, and/or use outside of the consultation of the Website, any data of the Website or any element of the Website. It is recalled that such extractions and/or uses are strictly prohibited.
Any reproduction and/or representation, total or partial, on any medium, of the distinctive signs or content presented on the Website, including the information and/or data, without the prior written permission of Eutelsat, its partners or third parties, is prohibited and constitutes an infringement which may incur the civil and criminal liability of its author.
8. Sanctions in case of non-compliance with the General Conditions
In the event of a breach by the User of any of the provisions of the General Conditions, Eutelsat reserves the right to temporarily or permanently suspend, without prior notice and at its sole discretion, the access and use of the User Account, Website and Services, without compensation.
Furthermore, Eutelsat has the right to suspend access to the User Account and use of the Services at any time.
If the User has several User Accounts, any breach of the rules relating to one of the Accounts entitles Eutelsat to apply the sanctions provided for in this Article to all the Accounts.
As a result of a definitive suspension, the User Account will be closed and any subsequent application for registration may be blocked. Users whose Account has been deleted by Eutelsat, or who have been denied access to the Services placed online by Eutelsat, cannot create a new Account, or use the Services, without Eutelsat’s authorisation.
The sanctions described above may be imposed without prejudice to any proceedings, criminal or civil, that may be brought against the User by the public authorities, third parties, or Eutelsat.
9. Revision of the General Conditions
Eutelsat reserves the right to modify all or part of these General Conditions. The User will be informed of the new general conditions by any means, to submit them for his acceptance.
In case of modification of these General Conditions, the User will be asked to accept the new General Conditions upon his connection following said modification. The amended General Conditions will only apply to the User once he has expressly accepted them.
However, in case of a change in the information mentioned in Article 2, the User will be informed, but these changes will not be considered as changes of these General Conditions.
10. Acceptance and term of the General Conditions
These General Conditions take effect on the date they are accepted by the User under the conditions defined above.
These General Conditions are concluded between Eutelsat and the User for an indefinite period.
The User is free to terminate these General Conditions by closing his account directly in the mobile application or, more simply, by ceasing to use the Website and/or Services for more than six (6) months.
Eutelsat is free to terminate these General Conditions by sending an email to the User with fifteen (15) days’ notice, or when the User ceases to use the Website and/or Service for more than six (6) months.
It is specified, however, that the provisions of the General Conditions made available to the User prior to the effective date of termination will be maintained in that they govern the Services used prior to the date of termination.
11. Validity of the General Conditions
If one or more provisions of these General Conditions are held invalid or declared as such under a law, a regulation or following a final decision of a competent court, the other provisions will remain in full force and effect.
In this case, the parties agree to replace the clause declared null and void by a new provision which is as close as possible, in terms of its content and the balance of the clause, to the one initially agreed.
12. Applicable law, disputes and jurisdiction
12.1 Applicable law
The Website and these General Conditions are subject to French law.
Disputes – Jurisdiction
Before any referral to a court, the User undertakes to inform Eutelsat of any difficulty, by letter sent to Eutelsat, 70, rue Balard 75015 PARIS – France and to seek, at the request of Eutelsat, an amicable solution.
For any information or question, we are at your disposal:
By email: email@example.com
By letter: Eutelsat, 70, rue Balard 75015 PARIS
Eutelsat S.A., publisher of the website www.whatchsat.tv, is the exclusive holder of the copyrights and any other intellectual or industrial property rights relating to the website, its content (such as photographs, etc.), its presentation and the assembly of the various components, under the laws in force, with the exception of content describing programmes and channel logos, which are the property of the TV channels. Similarly, Eutelsat S.A., publisher, is the exclusive holder of the rights on the logos, trademarks and other distinctive signs accessible on the website. Any use of the website and its content for purposes other than private use is prohibited. Accordingly, it is prohibited to modify, represent or reproduce the website and its content, in whole or in part, regardless of the medium and process used.