GENERAL TERMS AND CONDITIONS OF USE OF THE TELEARABIA MAX APPLICATION
(Version no. 2 of 15/04/2020)
The TELEARABIA MAX application is published by MC Globo GmbH (hereinafter “MCGLOBO”), a German company, registered in Munich under incorporation number HRB 250312, whose head office is located at Ridlerstrasse 57, 80339 Munich, Germany.
Telephone: +493092107906 - – Contact email address: [email protected]
ARTICLE 1 – DEFINITIONS
Under these General Terms and Conditions of Use (hereafter the “GTCU”), words and phrases starting with a capital letter shall have the meaning given to them below, unless the context clearly indicates otherwise:
Application Refers to the TELEARABIA MAX application accessible free of charge from a smartphone or Android TV receiver, using the operating systems Android (versions 5.0 and above), iOS (versions 11.4 and above) and Android TV (8.0 and above), that can be downloaded from the Apple Store or Google Play store, allowing Users in possession of a paid subscription activated on the Website to watch TV Channels, , and to access a number of services (hereinafter ‘the Services’).
Content/TV Channels: Refers to the television channels, mostly in Arabic, that can be watched by Users via the Application. The full list of television channels available via the Application is kept up to date on the website accessible at the address www.telearabiamax.tv
Offers: The TELEARABIA MAX services could be access by Users through the following offers available on the Website: a recurrent monthly subscription to the Service, a satellite receiver bundled with a 12 months subscription to the Service and an Android TV receiver bundled with a 12 months subscription to the Service. The monthly recurrent subscription offer allows a 2 weeks free trial prior to the subscription period start. Additional offers are available through the form of paid vouchers (6/12/18) months available in selected retail stores and other vouchers types; for further information on these vouchers, please refer to the Website or write to [email protected] The fees of all the Offers are available on the Website.
Services: Services accessible to Users via the Application, including customization of access to the Content.
Subscription: A subscription to one of the Offers
Website: Website accessible at the address www.telearabiamax.tv or any other address that replaces it, from which Users can acquire the Offers, activate their satellite receiver or redeem their voucher, and gain an overview of the main features of the Application (including a list of TV Channels) and information on how to download the Application on their compatible device.
Receiver: Refers to the computer equipment sold by MCGLOBO and its partners under the brand ‘TELEARABIA MAX’, allowing Users to access the Content and Services of the Application.
Territory: Refers to the countries in which the Application is available and may be used by Users if their usual place of residence is there. It includes the following countries: Albania, Andorra, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Italy, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Moldova, Monaco, Montenegro, Netherlands, Norway, Poland, Portugal, Romania, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Ukraine, United Kingdom and the Vatican.
User: A natural person who is acting outside his or her trade, business, craft or profession, has legal capacity, is using the Website or the Application by accepting the General Terms and Conditions of Use of the Application.
ARTICLE 2 – PURPOSE
The purpose of these General Terms and Conditions of Use is to identify the features of the Application and to govern its access arrangements and terms and conditions of use by Users in the Territory.
ARTICLE 3 – TERMS AND CONDITIONS OF ACCESS OF THE APPLICATION
Access to the Application is reserved for Users who i) have their usual place of residence in the Territory and ii) have legal capacity.
Minors may only access the Application with the prior consent of their parents or guardians, who are responsible for ensuring compliance with these General Terms and Conditions of Use and fully liable for their minor child's use of the Application.
Before downloading and using the Application, Users must read and accept these General Terms and Conditions of Use.
Acceptance of these General Terms and Conditions of Use by Users takes place, at the time of accessing the Application. Any usage of the Application by the User is deemed to be an acceptance by the User of the General Terms and Conditions of Use by the User.
MCGLOBO reserves the right to make any changes to these GTCU that it deems necessary and appropriate. Users shall be asked to read these amended/updated GTCU, and to accept or reject them under the terms described in article 9. In any case, any use of the Application constitutes full acceptance of the GTCU in force on the date of this use.
Downloading the Application is also subject to prior acceptance of the general terms and conditions of use of the platforms on which the Application is published.
ARTICLE 4 – PROCEDURES FOR ACCESSING THE APPLICATION
Users access the Application using login details (username and password) setup by the Users on the Website upon subscribing to the Service.
These login details allow Users to access the Content and Services.
Users acknowledges that their login details are personal and that they are the only data enabling identification when accessing the Application. Users acknowledges that they are solely responsible for the storage and use of their login details and they undertake to keep them confidential.
Any use of the login details shall be deemed to have been made by Users, and the latter must accept the consequences of any use made of their login details, except for fraudulent use of these by a third party.
The Application can be downloaded free of charge and subject to have an active subscription to the Service through the purchase of an Offer. It requires an Internet connection, and a device that supports the Application. Users are solely responsible for the equipment used for the purpose of logging into the Application, as well as being solely liable for the payment of their Internet subscription.
The User will not be able to access to the Content and the Services of the Application upon having two concurrent sessions (including a concurrent session established on an Android TV Receiver.
ARTICLE 5 – DURATION OF ACCESS TO THE APPLICATION
From activation of a Subscription, the User shall have access to the Content and Services for the duration of the associated Offer. Before the end of its active Subscription, a User may contact MCGLOBO and cancel its Subscription, no fees charged by MCGLOBO for the active Subscription will be reimbursed to the User in case of cancellation. After this period, Users will no longer have access to the Service. If the User wishes to have an active Subscription to benefit from all the Content and Services, the User may do so by renewing its subscription to one of the Offers on the Website.
ARTICLE 6 – CONTENT AND SERVICES ACCESSIBLE VIA THE APPLICATION
6.1. – CONTENT ACCESSIBLE VIA THE APPLICATION
The Application allows Users, to watch a number of TV Channels/Content, mostly broadcasted in Arabic.
The list of TV Channels accessible via the Application is published, and regularly updated, on the Website, to which Users are asked to refer to.
Given the duration of agreements entered into by MCGLOBO with the broadcasters of the TV Channels to which the Application gives access, and the special conditions that may have been agreed by these broadcasters with the rights holders of the programs broadcasted on these Channels, MCGLOBO may not be able to ensure access at all times (temporarily or on permanent basis) to one or more of the Channels/Content via the Application MCGLOBO.
Users agree, therefore, that MCGLOBO may, without prior notice: (i) temporarily suspend the broadcast of one or more TV Channels; or (ii) unilaterally change or remove all or some of the TV Channels to which they have access via the Application. In case of removal of a TV Channel, MCGLOBO shall endeavour, as far as possible, to replace it.
Users are also informed that the TV Channels and/or programs broadcast on the TV Channels accessible via the Application may vary from one User to another, according to their country of residence in the Territory, and because of exclusivity agreements that may have been entered into between the TV Channels and MCGLOBO and/or the editorial decisions of these broadcasters.
Finally, Users are informed that since MCGLOBO is not the owner nor in charge of the TV Channels programming, it makes no commitments relating to these programs or, more generally, the content broadcasting on the TV Channels, which may be changed or removed, without prior notice to Users.
6.2. – SERVICES ACCESSIBLE VIA THE APPLICATION
The Application also allows Users to access free of charge to the following Services:
- Viewing the TV Channels in real time or up to 7 days later (from the date and time of the original broadcast of the program in question);
- Pausing and resuming the broadcast of the program viewed;
- Displaying the program guide of the TV Channels;
- Selecting favorite TV Channels;
- Searching TV Channels by genre (general, series, news, entertainment, etc.);
- Selecting the Application’s user interface language (French, English, Arabic).
6.3. – CHANGES TO THE CONTENT AND SERVICES ACCESSIBLE VIA THE APPLICATION
Users are informed that MCGLOBO may, unilaterally and without prior notice, add to, improve, change or remove all or part of the Content and Services accessible via the Application.
Any changes made to the features of the Application shall be reflected in updates to these General Terms and Conditions of Use, under the terms described in article 9.
ARTICLE 7 – OBLIGATIONS OF USERS - WARNING
In the context of the use of the Application, Users must refrain from engaging in any action, behavior or comment likely to infringe the laws and regulations in force, offend standards of public decency, infringe the rights of MCGLOBO, its beneficiaries or third parties, or adversely affect the normal operation of the Application.
Users remain solely responsible for the use made of the Content and Services to which the Application gives access.
Commercial use of the Application by Users is prohibited.
Users also undertake to respect the intellectual property rights that MCGLOBO and its partners and suppliers hold over the Application, under the terms and conditions provided for in article 11 of these General Terms and Conditions of Use.
Any breach by Users of their obligations puts them at risk of suspension and/or termination of their User account under the terms set out in article 10.2.2 of these GTCU and, if applicable, of legal action by MCGLOBO.
ARTICLE 8 – ACCESSIBILITY OF THE APPLICATION – SUSPENSION OF ACCESS – MALFUNCTIONS– LIABILITY
MCGLOBO shall do its best to make the Application accessible to Users 24/7.
Notwithstanding the foregoing, access to the Application shall be suspended for the duration of technical operations required for updates, changes and maintenance, of which Users shall be advised through a notice that can be read on the Website or by an email sent to the User.
Access to the Application shall also be suspended in case of force majeure and/or the occurrence of an event outside the control of MCGLOBO, making normal operation of the Application impossible.
These periods of suspension of access to the Application, whatever their cause and duration, shall not give rise to any compensation to Users.
MCGLOBO shall also do its best to ensure the effective operation of the Application.
However, MCGLOBO may not be held liable, under any circumstances, for the consequences of:
- a mismatch between the Content and Services of the Application and the expectations of Users;
- the inability of users to use all or part of the Content and Services accessible via the Application;
- the use made by Users of the Content and Services available to them;
- a temporary loss of access, whether total or partial, by Users to their user account, and/or the Content and/or Services accessible via the Application;
- a malfunction of the Application for which it is not personally responsible’
- the content and/or removal of or changes to the content of the TV Channels accessible via the Application, or some of their programs;
- and, more generally, defective performance of the Application.
In addition, MCGLOBO may not be held liable in case of damage resulting from:
- failure, by Users, to comply with these GTCU;
- compromise of the confidentiality of Users’ personal login details;
- fault or negligence of Users in the use of the TELEARABIA MAX Application and/or Receiver;
- a malfunction affecting the compatible device (Smartphone, tablet, Android TV receivers) on which Users use the Application and, more generally, a malfunction related to their Internet connection;
- a malfunction of tools/objects connected to the Internet that Users chooses to use in the context of their use of the Application (earphones or others);
- computer virus, hacking or third-party intrusion into Users’ computer systems;
- a strike, riot, war, weather event, failure of the telecommunications network or loss of Internet connection.
In any case, MCGLOBO may only be held liable for direct and certain material loss, caused solely by its own actions, due to failure to fulfil its obligations under these GTCU, to the exclusion of any indirect loss. Indirect loss is deemed to include any financial loss that may be suffered by Users.
ARTICLE 9 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF USE
MCGLOBO reserves the right to change the content of these GTCU, where this is deemed necessary and appropriate, particularly in order to adapt them to changes that may be made to the operation or content of the Application, and/or changes in legislation.
Users shall be informed, by email, of the uploading of each new version (update) of these GTCU and will be able to access these updated GTCU on the Website or in the account management section of the Application. Users shall be asked to read and accept these updates.
Users who refuse to accept the new GTCU shall notify MCGLOBO by email about their refusal and will lose the right granted to them by MCGLOBO to use the Application and will no longer be able to use the Application. Consequently, any use of the Application following an update to these GTCU shall constitute acceptance of the new GTCU.
ARTICLE 10 – CLOSURE OF THE APPLICATION – SUSPENSION/TERMINATION OF USERS’ ACCOUNTS
10.1. – Closure of the Application
MCGLOBO reserves the right to stop publishing the Application and, consequently, no longer allow access to its Users. Users of the Application shall be informed of MCGLOBO’s decision by email 10 working days before the effective date of its closure. Closure of the Application shall not give rise to the payment of any compensation to Users.
10.2. – Suspension/Termination of Users’ accounts
10.2.1 – Termination of Users’ accounts at their request
Users of the Application may terminate their User account and permanently remove their User profile by sending a request to MCGLOBO. On receipt of the User’s request, MCGLOBO shall terminate their account within ten (10) working days.
10.2.2 – Suspension/Termination of Users’ accounts by MCGLOBO
In case of breach by Users of these GTCU, MCGLOBO may suspend their access to the Application if, after five (5) working days of the email sent to them by MCGLOBO informing them of the breach and asking them to comply with their obligations, Users have not done what is required to comply with their obligations. Suspension of access to the Application shall not give rise to the payment of any compensation to Users.
If Users are still not compliant with their contractual obligations ten (10) working days after receipt of this email, MCGLOBO shall, without further notice, terminate their account and permanently remove their User profile. Termination of Users’ accounts and permanent removal of their User profile shall not give rise to the payment of any compensation to Users.
MCGLOBO may also terminate Users’ accounts and permanently remove their User profile, immediately and without notice, in case of serious or repeated breach of their contractual obligations. Immediate termination of Users’ accounts and permanent removal of their User profile without notice shall not give rise to the payment of any compensation to Users.
Failure by MCGLOBO to inform Users of a breach of their obligations shall not constitute a waiver on its part to inform Users of, and penalize accordingly, any subsequent breach by Users of their obligations.
ARTICLE 11 – INTELLECTUAL PROPERTY
Pursuant to the provisions of the German Intellectual Property Code, the Application and all of its component parts are the exclusive intellectual property of MCGLOBO and its partners and suppliers who took part in its development. In this respect, software, interfaces, expertise, data, text, articles, trademarks, logos, illustrations, photographs, computer programs, the Content and Services and all other items accessible to Users via the Application, are the property of MCGLOBO and its partners and suppliers.
These GTCU do not grant Users any property rights over the Application or its component parts, which remain the exclusive property of MCGLOBO and its partners and suppliers.
Users must therefore refrain from any act that may, directly or indirectly, infringe the intellectual property rights held by MCGLOBO and its partners on the Application.
The reproduction, representation, modification or translation/adaptation, either total or partial, of the component parts of the Application, is prohibited. Users must also refrain from creating one or more derivative works based on the Application, especially its content.
The only right granted to Users over the Application is the right of use. This right of use is granted on a personal and non-exclusive basis. It is limited to strictly private and non-profit use of the Application and is granted only for the duration of access to the Application as specified in article 5. Any other use of the Application by Users is prohibited.
ARTICLE 12 – PERSONAL DATA – DATA PROTECTION ACT
12.1 In the context of the use of the Application, Users may provide MCGLOBO with their personal data, which shall be processed, electronically or otherwise, and of which MCGLOBO is the controller.
Processing of this data by MCGLOBO is necessary for the effective operation of the Application and to ensure Users have access to the Offers, allowing them to access the Content and Services.
This processing is carried out in accordance with data protection regulations, particularly regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, in force from 25 May 2018, and law no. 78-17 of 6 January 1978 on data protection, as amended by law no. 2018-493 of 20 June 2018 (hereinafter referred to collectively as ‘Data Protection Regulations’).
12.2 The personal data collected and processed by MCGLOBO includes:
- data provided by Users when creating their user account on the Application, such as first name, surname, postal address, country, gender and email address (hereinafter, ‘User Data’);
- connection logs (IP address, date and time of connection), which are associated with the User Data (hereinafter, ‘Connection Logs’).
12.3 The collection of User Data and Connection Logs is necessary:
- to create the User account;
- for the technical and administrative management of the Application;
- to monitor the quality and effective operation of the Application;
- to detect any infringement of the rights of MCGLOBO;
- to provide the Services mentioned in article 6.2 of this document;
- for the management of any disputes relating to the Application.
12.4 User Data and Connection Logs shall be stored and retained on servers located in Sevilla (Spain) and maintained through MCGLOBO’s supplier. The service provider that stores and hosts the User Data and Connection Logs may be changed.
12.5 Provided consent has been obtained by the Users, MCGLOBO may, in accordance with the applicable Data Protection Regulations, send Users, by any means (post, email, telephone), information on MCGLOBO’s products and services and sales offers.
12.6 User Data and Connection Logs may be disclosed to public bodies, court officers and legal officials in order to comply with any law or regulation in force, to which MCGLOBO would be required to respond (court application or official request).
12.7 User Data shall be stored electronically by MCGLOBO for the duration of use of the Application. It may be stored for a period of five (5) years following the end of use of the Application, given the statute of limitations. Connection Logs are stored for the maximum period required by the law or regulations in force.
12.8 Pursuant to Data Protection Regulations, Users have the right to request from MCGLOBO, in its capacity as data controller: (i) access to their personal data; (ii) its correction; (iii) removal of all or part of this data when it is no longer required for the purposes for which it was collected and processed; (iv) limits to processing under legally permissible conditions; and (v) portability of their data.
These rights may be exercised by Users:
- by email to [email protected]
- by post to MCGLOBO: GDPR department, MC Globo GmbH, Ridlerstrasse 57, 80339 Munich, Germany.
Users must attach proof of identity to their request.
MCGLOBO undertakes to reply to the exercise of any of these rights as quickly as possible and no later than ONE (1) month following receipt of the User’s request.
12.9 If Users believe their rights over their personal data are not being respected, they may make a complaint to the supervisory authority for data protection.
ARTICLE 13 – PARTIAL VALIDITY – NON-WAIVER
If one or more of the clauses of these GTCU is declared null and void under a law or regulation or following a final court ruling, it shall be deemed unwritten. The other clauses of the GTCU retain their full force and effect.
ARTICLE 14 – APPLICABLE LAW
These GTCU are subject to German law.
Any dispute relating to the performance or interpretation of these GTCU, to which the User and MCGLOBO have been unable to find an amicable resolution, shall be subject to the German courts.