General Condition of Sales
These General Terms and Conditions of Sale are concluded between Trace UK and any non-commercial individual ("the User") wishing to benefit from a service on the Trace Play Website (hereinafter "the Site") and/or the Trace Play Application (hereinafter "the Application").
These Terms and Conditions exclusively govern the relationship between the User and Trace UK, which reserves the right to modify these Terms and Conditions at any time in the event of a change in its offer, prices or any other terms and conditions. They will then be applicable as soon as they are put online. It is incumbent upon the User to regularly consult the General Terms and Conditions of Sale in case of updates.
II Trace Play Service
The offers governed by these Terms and Conditions are those that appear on the Site or on the Application and that are indicated as proposed by Trace UK ("the Service").
The Subscriptions are described and presented as accurately as possible below.
They consist of :
o A recurring and renewable offer,
o A unique and non-renewable offer,
the User is led to choose among the offers available in the country from which he connects.
The User can see the complete list of offers available in his country on www.traceplay.tv.
If the User chooses a recurring offer, his subscription to Trace Play is automatically renewed until its termination or expiration.
The User must be at least 13 years old or have reached the legal age of majority in the country where he resides to be able to subscribe to the Service. Minors are allowed to use the Service only under the supervision of an adult holder of the subscription.
All Content viewed through the Trace Play Service is reserved for exclusively personal and non-commercial use. For the duration of the subscription, Trace UK grants a restricted, non-exclusive and non-transferable license allowing the User to access his subscription and watch the Content only in streaming. With the exception of the aforementioned restricted license, no right, title or interest is granted to the User. In particular, the User agrees not to use the Service for public performances.
The User may view the Content through his subscription to the Service in the country where he created his account and only in the geographical areas where Trace Uk offers the Service and where Trace UK holds the licenses corresponding to the Content. The Content available may vary depending on the geographical area and is subject to. The number of devices on which the User may simultaneously view Content depends on the type of subscription chosen and is specified on the "My Account" page.
Trace UK continuously updates the Service, including the Library Content. Similarly, Trace UK regularly tests various aspects of the Service, including its website, user interfaces and promotional features. Trace UK may modify, suspend or discontinue - temporarily or permanently - part or all of the Service (including the Content and the devices through which the Service is accessible) with respect to all or part of the users at any time without notice. The User acknowledges that the Service may do so at its sole discretion. The User further agrees that Trace UK shall not be liable to User for any modification, suspension or discontinuance of the Service and/or Content. User further agrees that Trace UK is solely responsible for determining the volume, duration and availability of Content for the Service.
The User agrees to use the Service, including all associated options and features, in accordance with applicable laws, rules and regulations, or restrictions on the use of the Service or the Content offered.
The User agrees not to archive, download, reproduce, distribute, modify, display, perform, license, create derivative works from, sell or use (except as expressly authorized in these Terms and Conditions) the Content and information on (or obtained through) the Service.
User also agrees not to circumvent, remove, modify, disable, destroy or defeat any Content protections in connection with the Service; use robots, spiders, web harvesting tools or other automated methods to access the Service; decompile, reverse engineer or disassemble any software, products or processes accessible through the Service; embed any code or products, or otherwise manipulate the content of the Service in any way; or use any data mining, robots, web crawlers or other automated methods to access the Service.
The User agrees not to upload, post, email or otherwise send or transmit any content intended to interrupt, destroy or restrict the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any viruses or other computer code, files or programs.
The User agrees that he is not allowed to share his access codes to the Service with third parties, with the strict exception of the parts defined in the offer (for example, for an offer giving access to three simultaneous uses of the Service, the User may share access with 2 (two) members of his family). In addition, Trace UK limits the number of mobile devices and tablets that can access a User account and limits the number of simultaneous feeds available to the account according to the subscribed offer. Trace UK may terminate or restrict the use of the Service, without prior notice, if the User violates these Terms and Conditions or makes illegal or illegitimate use of the Service.
The display quality of the Content streamed may vary from one device to another, and may be influenced by various factors, including the User's geographical location, available bandwidth and the speed of his Internet connection. To achieve SD quality, the User's system must have a connection speed of at least 250 kbps. However, Trace UK recommends a faster connection in order to benefit from better video quality. The cost of connecting to the Internet is the responsibility of the User. The User should contact his Internet Service Provider to find out more about possible charges for the use of Internet data.
Trace UK's streaming software allows the Content of the Service to be streamed using compatible devices. This software may vary depending on the device and media used; functionality may also vary depending on the device. By using the Service, the User acknowledges that he or she requires the use of third party software subject to the licensing terms of such third parties. The User agrees to automatically receive updated versions of the Service or third party software associated with the Service.
In case of sale, loss or theft of your device compatible with the Service, please deactivate your account. If the User does not disconnect from the Service on the device or deactivate his or her account, a third party may access the Service using his or her account and certain account information. To deactivate his or her account, the User will follow the corresponding instructions on the "Your Account" page.
III Passwords and Account Access
The user who created the Trace Play account and who is charged a subscription fee according to the chosen Payment Method (the "Account Holder") has access to and control over the Trace Play account. In order to maintain control of the Account and prevent anyone from accessing the Account, the Account Holder must not disclose to anyone his or her user name, password, or details of the Payment Method associated with his or her Account (for example, the last four digits of his or her credit card, or his or her email address if using PayPal). He is responsible for updating and maintaining accurate account information.
The User should be careful when receiving messages inviting him/her to transmit his/her credit card or account information. The transmission of this information in response to these communications may lead to identity theft. The User should always access his/her confidential information directly through the Service, and not by following a hyperlink contained in an email or other electronic communication, even if the email appears to be official. Trace UK may terminate or suspend your account in order to protect you, the Service or its partners from identity theft or other fraudulent activity.
IV Free Trial
1. Whichever Subscription the User chooses; it starts with a free one-week trial. It is intended to allow new members to try the Service before subscribing. Upon registration, the User will be informed whether he or she is eligible for this free trial. Each User can only benefit from a free trial once.
It is necessary to provide a valid payment method accepted by Trace UK to start the Free Trial ("Payment Method"). The User can update this payment method in the "My Account" section. Trace UK will not issue any invoices during the free trial period. Trace UK will start charging the amount corresponding to the subscription fee at the end of the Free Trial Period according to the User's Payment Method unless the User terminates the subscription before the end of the Free Trial Period. To consult the subscription fees and the end date of the free trial period, the User must access the "My Account" section where he will find all the necessary information. Trace UK will not send you any notification indicating to the User the start of his paid subscription following the trial period.
2. Exceptional free offers
Trace UK can also set up exceptional free offers.
The free trial of the Service within the framework of exceptional free offers is carried out according to the terms and conditions detailed in these General Terms and Conditions of Sale and the General Terms and Conditions of Use of the Trace Play Service, being specified that access to and activation of these free promotional offers will be carried out by entering the promotional code when creating the User's account. This promotional code will be transmitted to Users during promotional communications by Trace UK.
Trace UK reserves the right to terminate the validity of these exceptional free offers at any time for all Users or only for a category of Users. Trace UK reserves the right to terminate the validity of this free promotional offer "We got you covered! "at any time before May 31st, 2020 for all Users or only for a category of Users.
The prices of the Service are indicated below the different subscriptions offered by Trace UK in the currency of the country that the User will have selected, including all taxes. They take into account all taxes applicable in each country at the price excluding taxes and any reductions applicable on the day of the order.
In order to use the Service, the User must have Internet access and a device compatible with the Service, must provide an up-to-date, valid and accepted Payment Method that he may change at any time ("Payment Method"). After verification of the Payment Method by Trace UK and its validation, the User will receive an e-mail informing him/her of the validation of his/her Payment Method and subscription. The User will find the specific details of his subscription to the Service in the "My Account" section.
For recurring offers, subscription fees to the Service may be invoiced weekly, monthly, yearly and/or any other period depending on the Service subscription offer chosen by the User. The billing frequency will depend on the subscription formula chosen by the User. The User will access the "My Account" section to find out the date of his next billing.
For non-recurring offers, access fees to the Service are billed only once on the subscription date.
If the settlement of a payment fails due to card expiry, insufficient balance or for any other reason, and the User does not change his Payment Method or terminate his account, Trace UK may suspend access to the Service until the User provides a valid Payment Method. For certain Payment Methods, the issuer of the Payment Method may charge the User for foreign exchange and other fees. The User should contact the issuer of his Payment Method if he wishes to obtain further information, as TRACE UK cannot be held liable for any such fees charged to the User by the issuer of the User's Payment Method.
VII Price and offer changes
Trace UK may modify its Service offer and the pricing of the Service. The User is therefore invited to regularly read the General Terms and Conditions of Sale.
VIII Right of withdrawal
The User is informed that, pursuant to Article L. 221-28 of the French Consumer Code, the Service offered on the Site and/or the Application is not subject to the right of withdrawal provided for in Articles L. 221-18 et seq. of the French Consumer Code with regard to distance selling, as long as performance of the service has begun after prior express agreement by the User and express waiver of his right of withdrawal.
In the event that the User has subscribed to a recurring offer, the User may terminate his subscription to the Service at any time. The User will continue to have access to the Service until the end of his billing period. Trace UK will not grant any refund or credit for partial use of the Service, or for any unused Content. To cancel the subscription, the User must access the "My Account" page and follow the cancellation procedure. If the User cancels his subscription, his account will be automatically closed at the end of the current billing period.
X Liability and Warranties
Trace UK has an obligation of result for all stages of order taking as well as for the stages after the conclusion of the contract.
Thus Trace UK undertakes to describe the Service on the Site as accurately as possible. On the other hand, its responsibility cannot be engaged in the case where the non-execution or poor execution of its obligations would be attributable either to the fact of the User, to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by the jurisprudence of the French Court of Cassation. Likewise, Trace UK cannot be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a break in the Service, an external intrusion or the presence of computer viruses.
In all cases, the online provision of the credit card number and the final validation of the order will be considered as proof of the subscription in accordance with Article 1366 of the Civil Code and will be worth the sums committed for the execution of the Service.
This validation is equivalent to signature and express acceptance of all operations carried out on the Site. However, in case of fraudulent use of his credit card, the User is invited, as soon as this use is observed, to contact Trace UK at the following address: firstname.lastname@example.org.
The computerized registers, as well as the invoices kept in the computer systems of Trace UK and its partners in reasonable conditions of security, will be considered as proof of communications between the User and Trace UK.
XII Customer support
If one or more provisions of these General Terms and Conditions of Sale should prove to be invalid, illegal or unenforceable, the remaining provisions shall remain fully valid, legal and enforceable.
XIV Applicable Law and Jurisdiction
The General Terms and Conditions of Sale are subject to French law. The competent court is the French court.
The Website complies with French law, and in no event does Trace UK guarantee compliance with local legislation that would be applicable to the User, if the User accesses the Website from other countries.
Last modified : 24/03/2020
In case of translation, the French version shall prevail.