1.1 GoAlive.TV (hereinafter ”GA”) provides a subscription-based online service at GoAlive.TV or another website designated by GA (hereinafter the ”Website”) and through applications designated by GA (together with the Website hereinafter the “Platforms”) with the content available on the Platforms from time to time (hereinafter the ”Service”). The Service includes the features made available by GA from time to time, including, without limitation, ‘continue watching’ and ‘recommendations’. The Service also includes customer service by email: firstname.lastname@example.org ensure as good customer experience as possible.
1.2 These user terms and conditions (hereinafter the ”User Terms and Conditions”) apply to agreements between GA and a natural person (hereinafter the “User”) who either only signs up for a GA account or who signs up for a GA account and also purchases a subscription entitling him or her to obtain access to the full content of the Service on an ongoing basis (hereinafter a “Subscription”). Only natural persons aged 18 may enter into an agreement with GA to create an account or purchase a Subscription. GA is also entitled to refuse to enter into an agreement, or immediately terminate an agreement, with a User if the User has previously breached the Agreement (as defined below).
1.3 These User Terms and Conditions and GA’`s Personal Data Policy (hereinafter jointly referred to as the ”General Terms and Conditions”) are binding upon GA and the User. Special terms and conditions (including any special offers) governing prices, payment terms and methods, the term of the agreement, etc. offered by GA from time to time (the “Special Terms and Conditions”) shall also apply in conjunction with the execution by the User of an agreement with GA. In the event of any conflict between the Special Terms and Conditions and the General Terms and Conditions, the Special Terms and Conditions shall prevail. The General Terms and Conditions and the Special Terms and Conditions together constitute the agreement applicable between the User and GA (hereinafter the ”Agreement”).
1.4 Once the Agreement has been executed, GA will provide confirmation thereof to the e-mail address submitted by the User in connection with the User registering a user account according to section 4 below. If the Subscription has been purchased through a third party, such third party is obligated to provide such confirmation.
2 Scope of the Service
2.1 Only Users above 18 years at the time of registration may register an account in order to access the Service. Use of a Payment Method issued in a country in combination with an IP address from the same country will be deemed by as valid proof of user – id.
2.2 The User obtains access to the content (such as a basic level of series and films) provided on the Platforms from time to time after the User has purchased a Subscription, which requires the Agreement to be accepted. The Service and its content may in the future from time to time be varied, replaced, modified or updated.
Changes, modifications, or updates to the content of the Service that do not change the overall character of the Service and changes to the appearance of the Platforms are not to be deemed to constitute a modification of the Agreement or the Service.
In Addition to the basic products available at monthly cost . the customer may buy additional films / series and products provided in the platform.
2.3 The User will be charged a monthly fee for the Subscription, and purchase of films / series to view in GA..
2.4 GA may also offer Users the right to prepay for the Service for a fixed period (hereinafter a ”Fixed-Term Subscription”), and the subscription will then automatically cease at the end of the fixed period unless the User makes a new prepayment.
2.5 GA may offer Users to try the Service for free for a fixed period on terms and conditions specified in connection with the offer (hereinafter a ”Trial Subscription”). Offers of free use of the Service for a fixed period may also be made to the User in other circumstances by GA and by third parties with which GA cooperates, e.g. via vouchers (together with the Trial Subscription hereinafter a “Free Subscription”). The User is entitled to terminate the Agreement, at any time during the Free Subscription period, without having to pay for the Service. A Trial Subscription may only be used if the User has not been a User or made use of a Trial Subscription or any similar marketing offer within the last twelve (12) months.
If the User has not terminated the Agreement during the Free Subscription period, the Free Subscription will automatically, and without notice to the User, be converted into a Subscription. Accordingly, if the User decides not to become a paying user, the User must terminate the Agreement during the Free Subscription period. If the User has purchased a Subscription through a third party and that third party offers a trial period, the terms and conditions for the trial period is determined by the third party and not GA.
3 Use of the Service
To be able to use the Service, the User must: (a) register a user account on the Website or through a third party service, as further set out below, and purchase a Subscription; (b) have access to certain equipment, systems and connections in accordance with the Agreement and as further set out in section 5; and (c) after the expiry of any Free Subscription or otherwise, pay fees in accordance with the Agreement and as further set out in section 6 or, where applicable, in accordance with the terms and conditions of the third party through which the User has purchased the Subscription. Furthermore, certain technical safeguards have been implemented to prevent unauthorized use of the Service, such as copying, use outside the Territory and further distribution of the content provided under the Service.
4 Registration, username and password
4.1 Registration of a user account may either take place on the Website or via other services and social media deemed suitable from time to time by GA. In conjunction with registration via other services and social media, the User’s user information may be obtained from such services or social media in order to create the User’s user account with GA.
4.2 The User shall be responsible for ensuring that the information the User provides at the time of registration is correct, including information obtained from other services and social media and, where necessary, the User shall update the user account with correct information. Upon registration, the User may only provide information regarding debit and credit cards, or other payment methods made available by GA from time to time (a “Payment Method”), which are the property of the User.
4.3 Upon registration, the User shall provide a username and a password (hereinafter the ”Login Details”). The User’s Login Details are personal to the User and may not be used by a third party. The User shall store the Login Details in order to protect them against unauthorised access. The User is responsible for all use of the Service which takes place through the User’s account.
4.4 If the User suspects unauthorised use of the User’s Login Details, the User shall immediately change the User’s password. In the event GA has reason to believe that the Login Details have been disclosed or are being misused in any other manner by any unauthorised person, GA shall be entitled to immediately suspend access to the Service or terminate the Agreement in accordance with section 14.5(c).
4.5 GA shall be entitled at any time to request that the User changes the User’s password and shall be entitled to suspend access to the Service until the password has been changed. Changes shall be effected promptly.
5 Equipment, and more.
5.1 In order to use the Service, the User must possess the necessary and approved systems, connection and equipment.
5.2 The specification of systems requirements is made available by GA on the Website or otherwise. However, the fulfilment of the systems requirements does not guarantee that the User will be able to use the Service. Use of the Service may require the installation by the User of third-party software. GA will provide information on the Website and by other means regarding the third-party software that can be used, but shall not under any circumstances be responsible or liable for such third-party software.
5.3 The Service requires that the User has access to the necessary Internet connection. The User is responsible for all costs associated with such connection, including data traffic costs, irrespective of where in the Territory (see, above, section 2.1) the User uses the Service. The specification of requirements for the minimum download speed required to use the Service is available on the Website and may also be made available by other means.
5.4 Only the types of equipment listed on the Website or otherwise communicated by GA may be used and registered for the Service. GA shall be entitled from time to time to determine in its discretion which equipment is to be regarded as approved. GA assumes no responsibility or liability for the performance of any approved equipment or its compatibility with the Service.
5.5 The User shall be entitled to use and register the Service on up to 3 (3) approved computers, mobile phones, tablet computers or other devices. Changes of registered, approved devices may be carried out on the User’s account. GA may implement rules regarding the frequency with which registered, approved devices may be changed by the User. Information regarding such rules shall be communicated to the User in accordance with section 13 below. Unless otherwise notified in writing by GA, only two (2) registered, approved devices may be used to watch content at the same time.
5.6 GA is not responsible for the User’s failure to use the Service or for access to the Service being limited due to an overload on the Internet or due to faults or problems relating to computers or other devices, networks, electronics or communications.
6 Fees and payment
6.1 Fees for the Service shall be payable in accordance with the pricing information available from time to time on the Website or, where applicable, in accordance with the prices charged by third parties under the User’s agreement with such third party.
6.2 The User shall pay the fee for the following month in advance on the same day of each month which corresponds to the day upon which the User made his/her first payment for the Service (the “Renewal Day”). If the User has been entitled to use a Free Subscription, see regarding payment section 6.4. If GA offers a Fixed-Term Subscription and the User chooses to take out such subscription, the User shall pay the fee in advance for the entire period in which the Fixed-Term Subscription applies.
6.3 The User may effect payment of the fee through any of the Payment Methods offered by GA on the Website. On each due date for payment of the fee, the User agrees to keep sufficient funds for payment of the Service available through the selected Payment Method.
6.4 If the User is granted a Free Subscription, no payment shall be made for the Free Subscription period. A first payment shall then instead be made on the first day after the Free Subscription ends (provided the User has not terminated the Agreement before the Free Subscription ends) and thereafter on each Renewal Day, which shall occur the same day each month in the following months. On occasion, the Renewal Day can change, for example if the User’s Agreement became effective on a calendar day that does not exist in any of the following months. Information about the User’s next Renewal Day is available in the User’s account information.
6.5 If sufficient funds are not made available by the User on the Renewal Day, GA will make further attempts to debit the fee from the credit or debit card or other Payment Method that the User has registered. GA may suspend access to the account if the fee has not been paid on the Renewal Day. Access to the account will be resumed when payment is made, but the User will not be credited for the time the account was suspended. A resumed account will keep the same Renewal Day as before the suspension.
6.6 In conjunction with a delay in payment, GA shall also be entitled to charge penalty interest on the amount due in accordance with applicable law, statutory reminder fees and, where applicable, collection fees.
7 Use of the Service
7.1 The User may only use the Service for the User’s own use and in accordance with the Agreement. The User may not – and may not encourage, facilitate or cause any other party to – do any of the following:
(a) use the Service for a commercial or public purpose;
(b) use the Service for any unlawful purpose;
(c) copy/reproduce, lend, sell, broadcast, distribute, edit or in any other manner transfer or adapt content from the Service;
(d) circumvent, modify, remove, alter or in any other manner manipulate any security, encryption, or other technology or software which is part of the Service; or
(e) otherwise use the Service in breach of copyright laws or other laws.
7.2 Use of the Service in violation of this section 7 shall at all times be deemed to constitute a material breach of contract which may result in GA terminating the Agreement with immediate effect.
8.1 The Service may contain material which is deemed unsuitable for minors and which may be perceived by others as obscene or disturbing.
8.2 The Service is not intended to be used by children without the involvement, supervision and consent of parents or guardians. Parents or guardians who allow children to use the Service shall bear sole responsibility for determining whether the content of the Service is suitable for such child.
8.3 GA may offer parental control tools such as pin codes to restrict access to certain content. It is the parents’ or guardians’ responsibility to ensure that children do not get access to such tools and pin codes.
9 Social media
9.1 GA may allow the User to make part of the User’s user account available on social media, such as Facebook and Twitter. In the event the User chooses to use this function, it may be possible for the public and other Users to see parts of the User’s user account with respect to the Service, including the content the User has viewed through the Service. The User consents to such content being made available to the public and acknowledges that GA is not responsible for the content when it is available on social media.
9.2 In the event the User uses social media in conjunction with the Service, the User may not use social media in any manner which may be deemed offensive, disturbing, harassing, obscene, discriminatory or in any other manner unsuitable or illegal.
10 User forum
10.1 GA may allow the User to post material on the Website, such as reviews of the content of the Service (hereinafter the ”Material”). By posting Material on the Website, the User consents to making the Material available to the public and other Users.
10.2 The Material may not:
(a) contain content which is protected by copyright, trade mark law or other intellectual property rights without the express consent of the right holder;
(b) market any product, service or company;
(c) identify any individual person without the person’s express consent (for example by name, address, image or video); or
(d) be offensive, disturbing, harassing, obscene, pornographic, discriminatory or in any other manner unsuitable or potentially illegal which will be determined by GA in its sole discretion.
10.3 The User shall be responsible and liable for any damage suffered by GA as a consequence of the Material being made available in breach of section 10.2.
10.4 The User consents to GA reviewing the content of the User’s Material and removing Material at its discretion.
10.5 The User is aware and understands that statements and opinions presented in the Material are those of other Users, that GA does not endorse such statements and opinions, and that such statements and opinions may be incorrect or misleading.
10.6 GA shall be entitled, either itself or through a third party, to use Material free of charge for the purpose of marketing GA, the Service or its content as well as services or products offered by other parties with which GA cooperates. By posting Material on the Website, the User consents to such use.
11 Modifications and amendments
11.1 GA reserves the right to change the fees and other terms and conditions for the Service. The User shall be notified of such changes no later than 30 days prior to such changes entering into force. If the User does not accept the notified changes, the User may terminate the Agreement before such changes take effect. If the User does not terminate the Agreement before such changes take effect, the User shall be deemed to have accepted the changes. To the extent the User has already made payment related to a period after such changes take effect, the User will be bound by the previous Agreement for the remainder of such period. Changes that are clearly advantageous for the User shall apply immediately without a right of termination for the User and GA is under no obligation to notify the User of such changes.
11.2 Regardless of what is stated in sections 11.1 above, if the User has purchased a Subscription through a third party, and that agreement sets out the User’s rights with respect to modifications and amendments of the Service, the User’s rights will instead be governed by the terms and conditions in that agreement.
12 Waiver of right of cancellation
By entering into the Agreement, the User consents to the immediate provision of the Service and the immediate availability of the content to the User. The User also agrees that there is no right to cancel the Service or the Agreement pursuant to the Distance Sales Act once the provision of the Service has commenced. If the provision of the Service has commenced and the User no longer wishes to be bound by the Agreement, the User must terminate the Agreement in accordance with section 14 below.
13 Information to customers
13.1 GA may send notices to the User by e-mail, text message, post, invoice or publication on the Website. Such notices may e.g. include relevant information in relation to the subscription/account, e.g. service updates and modification and changes to the Service. Notifications to the User shall be deemed to have been received by the User immediately when sent by e-mail or text message. Notices sent by post and invoice shall be deemed to have been received by the User three (3) days after the letter or invoice was posted.
13.2 GA shall be deemed to have fulfilled its notification obligation by sending notices to the e-mail address, telephone number or postal address most recently provided by the User to GA, notwithstanding that such address(es) is/are no longer used by the User or is/are otherwise unusable.
14 Term of the Agreement and termination
14.1 A Subscription is entered into for a period of one (1) month and is automatically extended on the Renewal Day for consecutive one (1) month periods until the User or GA terminates the Agreement pursuant to its terms and conditions. No fee paid in advance for the relevant period will be refunded and the User has the right to continue to use the Service until the end of that period.
14.2 If the User wishes to terminate the Agreement, the User shall notify GA by e-mail, telephone or through the Website (see section 24 below for contact information). If GA wishes to terminate the Agreement, GA shall notify the User by e-mail or telephone.
14.3 In relation to a Fixed-Term Subscription, the Agreement automatically terminates upon the expiry of the period for which the User has paid the fee in advance, unless the User makes a new prepayment prior thereto.
14.4 In relation to a Free Subscription, the User is entitled to terminate the Agreement, at any time during the Free Subscription period, without having to pay for the Service. If the User has not terminated the Agreement during the Free Subscription period, the Free Subscription will automatically, and without notice to the User, be converted into a Subscription.
14.5 In addition to the termination provisions above, GA shall be entitled to terminate the Agreement with immediate effect and at the same time make the Service immediately unavailable to the User upon the occurrence of any of the following events:
(a) the User is delayed in making any payment for a period of not less than twenty (20) days (see section 6.7);
(b) there is unauthorised use of the Service or there are reasonable grounds to suspect that such unauthorised use is occurring;
(c) the User has attempted to use a Trial Subscription on more than one (1) occasion; or
(d) the User has in any other manner committed a material breach of contract, or repeated breach of contract.
14.6 In the event GA terminates the Agreement in accordance with section 14.5 (a) – (d) above, the User is not entitled to be refunded any fee paid to GA.
14.7 Regardless of what is stated in sections 14.1 to 14.6 above, if the User has purchased a Subscription through a third party, term and termination of the Service will instead be governed by the terms and conditions in that agreement.
15 Intellectual property rights
15.1 In conjunction with the execution of the Agreement with GA, GA grants the User a non-exclusive, non-transferable and limited licence to access the content of the Service. The User may only use the Service and its content in accordance with the Agreement.
15.2 Title to the content on the Service shall vest with GA or GA’s licensor and is protected by copyright, trade mark law and/or other intellectual property rights. The User’s agreement with GA in no way entails a transfer to the User of title or any other intellectual property rights to the contents of the Service or to the Service.
16.1 The User shall not act in any manner that may cause the Service or the Platforms to no longer function as a result of being overloaded, damaged or impaired. Furthermore, the User shall not encroach on or interfere with another User’s use of the Service.
16.2 The User may not attempt to acquire unauthorised access to networks, computer systems, content or information relating to the Platforms or the Service. Breaches of this provision shall at all times be deemed to constitute a material breach of contract which, among other things, may result in termination with immediate effect (see, further, section 14).
17 Limitation of liability, disruptions and outages
17.1 Disruptions, outages and other faults in the Service shall be notified to GA within a reasonable time from when the User has noticed or should have noticed the fault for the User to be entitled to any compensation in accordance with section 17.2. However, a notification in accordance with section 17.1 received within two months after it has come to the User’s knowledge shall always be considered to have occurred in due time. GA shall not be responsible for faults in the Service which are beyond GA’s control in accordance with section 5.6 above or other faults due to the use by the User of equipment which is not approved or which is due to the negligence of the User or a third party.
17.2 GA shall be liable only for disruptions, outages and other faults which are attributable to circumstances within GA’s control for which GA is responsible and which are not covered by section 17.1. In respect of such disruptions, outages and other faults, resulting in the Service not being available for use for a continuous period of at least 24 hours, Users who so request shall be entitled to a reduction in the fee for the Service. The amount that may be deducted shall be calculated on the basis of whole, twenty-four hour periods during which the fault subsisted, commencing at the time at which the User notified the fault to GA until such time as the fault has ceased. The reduction shall be made by crediting the relevant portion of the monthly fee for the following month. As regards Fixed-Term Subscriptions, GA may instead pay the corresponding amount back to the User. If the User has purchased a subscription through a third party, GA will not have any liability under this section 17.2, and any complaints must instead be presented to the third party with which User entered into the agreement.
17.3 GA, its subsidiaries, employees, board members, cooperation partners and licensors shall not be liable under any circumstances for any loss or damage incurred by the User or any other party as a consequence of the use of the Platforms or the Service.
18 Duty to compensate
The User agrees to compensate and hold GA, its subsidiaries, employees, board members and licensors harmless for any losses, expenses or demands arising as a result of, or in conjunction with, the User’s breach of the Agreement, the User’s violation of applicable laws or the User’s violations of third-party rights.
GA shall be entitled, without the prior consent of the User, to assign its rights, claims and obligations pursuant to the Agreement to another company within the same group or to a third party who may be reasonably expected to fulfil its obligations pursuant to the Agreement in a satisfactory manner.
20 Links from the Platforms
The Platforms may include links to other websites provided by third parties, such as Supporting Platform of Databeat. GA has no control over, and assumes no responsibility whatsoever for, such links or the content of such websites and logistical support. The User’s use of platform shall be at the User’s own risk.
21 Invalidity of provisions
In the event any provision of these User Terms and Conditions or any other provision of the Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect or render invalid or unenforceable the other provisions of the Agreement, and the Agreement or such provision shall be applied to the extent permitted by mandatory legislation.
22 No consent
No failure by GA in exercising any right or requiring the performance of any obligation of the User under the Agreement and no failure by GA to exercise any remedy in response to a breach of the Agreement by the User shall operate to sanction the infringement or future similar infringements or otherwise affect GA’s rights pursuant to the Agreement.
23 Complaints and Disputes
If the User for any reason is not satisfied with the Service, the User may contact GA email@example.com to make a complaint. The parties may first attempt to resolve any disputes arising out of the Agreement by an amicable settlement. In the event the parties cannot reach an agreement in this regard, the dispute shall be resolved by a competent court of law and shall be subject to law of Ivory Coast unless the law applicable in the User’s home country is more beneficial to the User. As a consumer, the User has the right to refer the matter to a court of law where the User resides. The User may also choose to make a complaint in the first instance to the relevant national board for consumer disputes.
If the User has purchased a Subscription through a third party, the User should contact such third party’s customer service for any enquires related to that agreement.