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TERMS AND CONDITIONS
1. OBJECTIVE
These
Terms and Conditions are intended to govern the conditions of subscription
(hereinafter “Subscription”) to the website www.starly.movie (hereinafter
“the Service ) by any adult user (hereinafter, the “User” “You” or “Your”) of
the website, as well as to define the rights and obligations of the parties in
this context.
The
Service offers a streaming platform which provides users access to various
digital contents. Your access to and use of such Service are governed by the
Site’s Privacy Policy located at Privacy
Policy.
Your
access to and use of such Service may require you to acknowledge your
acceptance of such Privacy Policy and/or to register with the Service, and your
failure to do so may restrict you from accessing or using certain features and
functionality of the Service. You may not alter, transmit, or disassemble the
Service in any manner in whole or in part, including without limitation, any
taking or transmitting screen captures from the Content. Any attempt to do so
is a violation of the rights of Provider and these Terms. You may be subject to
prosecution and damages
We
invite You to carefully read these Terms and Conditions to the extent that any
subscription to the Site implies prior acceptance of the Terms and Conditions.
Availability
and opposability of the Terms and Conditions
The
Terms and Conditions are made available to consumers via a “Terms and
Conditions” hypertext link, where they can be directly consulted. The Terms and
Conditions are enforceable against the consumer who acknowledges, by checking a
box provided for this purpose, having been aware of them and having accepted
them before placing an order.
Any
subscription to a Service implies the
consumer's adherence to the Terms and Conditions in force on the day of the
order.
2. About Us
The
service is published and operated by Second Screen LTD (hereinafter “the
Company”) whose head office is located at 160 Robinson Road, #14-04 Singapore
Business Federation Center, Singapore (068914).
Registry
number: 202349888E
Customer
support email: support@second-screen.org
3. The service
3.1
STARLY Service
For the
price of a monthly Subscription which can be taken 1 month in advance, the
Service offered on the site is a paid subscription service which allows the
user to access and stream a set of online digital contents.
The user
must complete the form provided for this purpose on the Service Site,
completing all mandatory fields and expressly accepting the confidentiality
policy and these conditions of use. Any incomplete request may result in
insufficient provision of services. The user warrants that all information
provided in this form is correct, up-to-date and accurate, and is not
misleading in any way.
The user
undertakes to inform STARLY of any change
or modification of the electronic mail by which the service will be provided.
The user acknowledges and accepts that the information entered when creating
their account constitutes true proof of their true identity. The information
provided by the user will be considered true and valid. STARLY reserves
the right to verify the accuracy of the data provided by the user. The same
person (with the same name, surname and same address) cannot have more than one
account.
Once the
corresponding form has been completed with all the necessary data, the website
will redirect the user to the secure payment page, where you must enter your
credit card number, corresponding to the account on which you want the service
charges are applied.
The user
has the possibility to check the details of their subscription before
confirming it.
Once
registered and after paying for the service in accordance with the “PRICES AND
PAYMENT METHODS” section, the user will receive an email confirming their
subscription.
Geographic Restrictions. You acknowledge that you may not be able to access all or some of the Platform and Content outside of the United Kingdom and that access thereto may not be legal by certain persons or in certain countries. If you access the Content from outside the United Kingdom, you are responsible for compliance with local and federal laws.
4. Access
to the service
The
Subscriber is solely responsible for setting up the IT and telecommunications
resources allowing access to the Site.
He is
responsible for telecommunications costs when accessing the internet and using
the Site.
5.
Subscription
5.1
conditions
To
subscribe the Service You certify on your honor
that you are
of legal age and responsible according to the law in force in the
United Kingdom. You guarantee
that You can
legally conclude a binding contract and reside in the
United Kingdom
Your
acceptance of theTerms and Conditions is evidenced by
a mandatory check
box during
the subscription process.
It is
only possible to subscribe once per household. By way of illustration and
without this being limiting, persons cannot subscribe multiple
times to the
Service:
- having
the same name and living at the same address in the same home, and/or
- living
in the same home;
- using
the same bank details/means of payment, etc.
5.2
Subscription to the service
To
subscribe, the Userr must complete the form provided for this purpose
on the Site by completing all the fields, all of which are mandatory. In the
event of communication of erroneous data, the Company cannot be held liable.
The User guarantees
that all the information he gives in the form is accurate, up to date and
sincere and is not tainted by any misleading character.
He
undertakes to inform the Company at the address mentioned in article 2 in the
event of modifications.
The User is
informed and accepts that the information entered for the purposes of creating
or updating his account constitutes proof of his identity. The information
entered by the Subscriber is binding upon validation. The Company reserves the
right to verify the accuracy of the data provided by the Subscriber.
At the
end of his registration, and after payment of the price of the Subscription in
accordance with article 6, the Subscriber receives an email confirming his
Subscription. This email may arrive via spam, so the Subscriber is asked to
check that this email has not reached them through this means and to contact
customer service if they have not received it.
6. Price and payment terms
The
price of the Subscription appearing on the Site is indicated in pounds
(GBP) all
taxes included.
The
applicable price is that in force when
the User subscribes
to the Service. The
price and payment terms may be modified at any time by the
Company, which
the Subscriber acknowledges and accepts.
6.1 Subscription prices and set-up
When
the User subscribes
to the 1 GBP promotional offer,
he benefits from a period of 3 days, during which he may decide to unsubscribe
for any reason whatsoever, without prejudice to the application of its legal
right of withdrawal as set out in article 9.
6.2 Payment
terms
Payment
is made exclusively by credit card. Thereafter, the price of the subscription
is payable by the Subscriber's bank account, until the Subscriber terminates
his Subscription.
This
automatic debit of the price of the Subscription is carried out by the company
providing secure payment solutions on the Internet, to which STARLY subcontracts
the implementation of the payment and which alone retains the subscriber’s bank
details for this purpose.
STARLY
does not keep any banking details.
The
Subscriber guarantees STARLY that he has the necessary authorizations to pay
the price of the Subscription in accordance with the terms set out in this
article.
He
undertakes to take the necessary measures to ensure that the Subscription price
can be debited automatically.
STARLY
reserves the right to suspend or cancel delivery of the Product and/or
terminate the Subscriber's subscription in the event of non-payment of any sum
due by the Subscriber, in the event of payment incident, or in the event of
fraud or risk of fraudulent use of bank card.
STARLY
allows its users to benefit from a payment facility. STARLY
has implemented split payment. This payment solution is automatically activated
if the user's bank refuses a request for authorisation or a direct debit. It is
free, and consists of automatically debiting the Subscription in several
instalments.
7. Subscription Duration
The
Subscription is non-binding and tacitly renewable. It begins as soon as payment
of the first direct debit is made. The Subscriber has the possibility of
unilaterally terminating his subscription under the conditions provided for in
Article 8. The Subscriber may cancel the subscription unilaterally under the
conditions set out in article 8. If the Subscriber does not cancel his
subscription, it will be renewed from term to term until he requests
cancellation. The Subscriber also has the right to withdraw in accordance with
the conditions set out in article 9.
8. Termination – Cancellation
At the
Subscriber's initiative (unsubscription)
In the
event that the Subscriber does not wish to renew the contract, i.e.
unsubscribe, he may do so, without giving any reason, provided that he/she does
so before the relevant tacit renewal date.
The
subscriber must notify their
intention to unsubscribe before the 20th of each month. In other words, they
will have until the 20th (00:00) of each month to cancel their subscription and
avoid being automatically billed for the following month. For example, if the
customer cancels their subscription on June 19, they will not be billed for the
following month. However, if the customer cancels their subscription on June
20, they will still be billed for their July subscription.
Only
unsubscription requests received and processed on the last working day before
the deadline will be taken into account.
If the
Subscriber unsubscribes while the automatic debit of the Subscription price is
in progress or has been carried out, his or her unsubscription only takes
effect for the following month.
In any
event, the Subscriber retains the right to withdraw under the conditions
stipulated in article 10.
Unsubscription is done online through the site www.starly.movie or
by making a request to customer service by
email to support@second-screen.org
To unsubscribe via Customer Service (support@second-screen.org), the Subscriber must specify
the email address with which he registered. The non-renewal of his subscription
will be confirmed by return email.
At the
Service’sinitiative
STARLY reserves the right to
terminate the contract at any time if the Subscriber fails to comply with these
Terms and Conditions, in particular article 7.
STARLY
also reserves the right to cancel an order. This cancellation will be notified
to the Subscriber by any appropriate means.
9. Right of withdrawals
The
Subscriber has a withdrawal period of fourteen (14) clear days from the day
after he takes possession of the Service.
To
exercise their right of withdrawal, the Subscriber must notify STARLY of their
wish to withdraw.
To
notify the Company of his/her wish to withdraw, the Subscriber must send a
letter or email to the address mentioned in Article 2 of the General Terms and
Conditions of Sale
10. Liabilities
10.1
Limitation of liability
The user
acknowledges that the service consists of providing access to an online streaming platform.
The
company shall not be liable for any failure or delay in the provision of the
service due to users' difficulties or inability to temporarily access (i) their
Internet connection, (ii) their computer equipment or (iii) their e-mail, for
reasons of force majeure, external circumstances or any other incident that may
arise due to an interruption in the telecommunications network. In such cases,
the subscriber user must be aware of the complexity of Internet networks and
traffic, and of the fact that existing security measures for computer equipment
on the Internet are not totally reliable. Consequently, the company cannot
guarantee that the functions available on the website will be error-free or
that the server is free of viruses.
10.2 the
service
STARLY
undertakes to carry out regular checks to verify the operation and
accessibility of the Site. As such, it reserves the right to temporarily
interrupt access to these sites for maintenance reasons. Likewise, STARLY
cannot be held responsible for temporary difficulties or impossibilities of
access to these sites which originate from circumstances external to it, force
majeure, or which are due to disruptions in the telecommunications network, the
Subscriber being informed of the complexity of global networks and the influx,
at certain times, of Internet users.
11.
Intellectual property
The user
undertakes to respect the industrial property rights of the company and any
other third party. The use of or authorization of access to the website does
not in any way imply the granting of a right to the trademarks, trade names or
any other distinctive sign used.
The user
may download the web page to their terminal for private purposes, without any
commercial purpose, so as not to exploit, reproduce, distribute, modify,
communicate publicly, transfer, transform or use the content of the web for
public purposes or commercial.
Likewise,
the contents are the intellectual property of the company or of third parties
having voluntarily assigned them, without it being understood that the user, in
any case, has been assigned any of the exploitation rights or any other right
existing or which may exist over said content, beyond what is strictly
necessary for the correct use of the website.
Exemption
from liability concerning the ownership of trademarks and copyrights of third
parties.
Unless
expressly stated otherwise, any trademark/brand name appearing on this website
is the property of its respective owner. Where a trademark or brand name is
mentioned, it is used solely to describe or identify the products or services
and in no way constitutes an assertion that the said products or services are
related to the company.
The site
may contain links to other third party pages. Consequently, the company cannot
accept responsibility for the content that may appear on third party pages.
12. Personal and banking data
When
Subscribers register, the Company collects personal data concerning their
contact details (e.g. telephone number, surname, first name, e-mail, etc.).
The
Company only collects this information for people who have finally chosen to
subscribe to a Subscription to the Site. For visitors to the Site who choose
not to confirm the Subscription, the Company only collects the email address.
By
taking out a Subscription and accepting the Terms
and Conditions, the
Subscriber agrees to the processing of their personal data for the purposes of
managing Subscriptions. This collection enables the Company to send the
Subscriber his/her order and also to improve the offers made to its Subscribers
and the communication of information about them, as well as to propose new
offers.
In
accordance with the applicable law on personal data, the consumer has the right
to oppose, access, rectify and delete any personal data concerning him obtained
by the Company during use of the Site.
13. Prohibited behavior
Are
strictly prohibited:
(i) any
behavior likely to interrupt, suspend, slow down or prevent the continuity of
the activity,
(ii) any
intrusions or attempted intrusions into STARLY ’systems,
(iii)
any misappropriation of the Site’s system resources,
(iv) any
actions likely to impose a disproportionate burden on the infrastructure of the
latter,
(v) any
breaches of security and authentication measures,
(vi) any
action which may prejudice the financial, commercial or moral rights and
interests of STARLY or the users of its
Website, and more generally,
(vii)
any breach of these terms and conditions.
In the
event of a breach of any of the provisions of this paragraph or, more
generally, of any laws and regulations, STARLY reserves
the right to take all appropriate measures and to initiate any legal action.
14. Advertising
STARLY reserves
the right to include on any page of the Website any advertising or promotional
material in a form and on terms to be determined by MY STARLY. More
generally, the consumer declares that he/she is aware that MY STARLY may
publish any advertising and promotional content on the Website.
15. Written communications
Current
legislation requires certain information or communications to be sent in
writing. By using this Site, the consumer accepts that these communications
will be made mainly by electronic means.
For
contractual reasons, the consumer accepts this electronic means of
communication and acknowledges that all contracts, notices, information and
other communications that the Company provides to the consumer by electronic
means comply with the legal requirements that such communications be in
writing.
16. Modifications to the Terms and
Conditions
The
Company reserves the right to modify its Terms and Conditions at any time.
in the
event of any changes, including price changes, the Subscriber will be notified
by email to the address provided at the time of registration, 15 days before
the new General Terms and Conditions come into force. If the Subscriber does
not agree to these new Terms and Conditions, they will then have the option of
terminating their Subscription under the conditions set out in article 8.
Termination
of the Subscription by the Subscriber will be effective from the end of the
current period and will not give rise to a refund for the current month,
without prejudice to the application of their legal right of withdrawal as set
out in Article 9.
These
modifications are enforceable from the moment they are put online.
17. Applicable law and jurisdiction
These
General Terms and Conditions are governed by Singapore law. With regard to
disputes between the Company and the Subscriber concerning the Subscription,
the Subscriber is invited to attempt to resolve the dispute amicably before
bringing the matter before the courts, by contacting the Company's Customer
Service Department as soon as possible at the following e-mail address: support@second-screen.org or by
post at the following postal address: Second Screen LTD, 160
Robinson Road, #14-04 Singapore Business Federation Center, Singapore (068914).
The
competent court in the event of a dispute is Singapore.
The
Subscriber is informed that seeking an amicable solution does not interrupt the
time limits for taking legal action
Every
decision about online dispute need to be agreed by both parties even in the
case of the appointment of arbitrators, and also the appointment of which court
to use in the event of a dispute.
The
referral to the mediator must be made within the year following the consumer's
last approach to STARLY and can
only take place after the consumer has made prior written representations
to STARLY.
