TERMS AND CONDITIONS OF USE OF THE BENCHR MOBILE APPLICATION
Version 1.1 13/01/2017
1- DESCRIPTION OF THE APPLICATION
Benchr is a mobile application published by Wissl Media operating under iOs and Android. Benchr is a free mobile application which offers the following information and main services:
- Possibility to view reports on European football championship matches in real time.
- Possibility for the user (the “Benchr”) to assess the teams and performance of favourite players in real time and throughout the duration of the encounter (the “Benchs”).
- Possibility for the user to share these assessments (the “Benchs”) and discover the Benchs of his community.
- Possibility to win points based on the relevance of “Benchs” submitted, which will determine the user’s ranking among the “Benchrs” and may entitle him to endowments.
Choice of language: French, English, German, Italian, Spanish, Chinese.
The list of the Application’s features is likely to evolve. Wissl Media reserves the right to add or remove services without notice.
2- LEGAL NOTICES
By installing and using the Benchr application (hereinafter the “Application”), the User is deemed to have read and to unconditionally accept these terms and conditions for use. As these conditions may evolve, the User is invited to regularly consult them, any new version being immediately enforceable against him.
The Benchr mobile application is published by Wissl Media situated at 92 rue Anatole France, Levallois-Perret (92300), France. Director of the publication: Michael Guez, President.
3- DEFINITIONS AND PURPOSE
The purpose of these Terms and Condition is to define, on the one hand, the terms and conditions for use of the Benchr mobile application and, on the other hand, the conditions for accessing the Services proposed by the Management to the User.
The following terms, used in these Terms and Conditions, shall have the following meaning:
“Benchr” means this mobile Application which can be downloaded on the App Store and Play Store and which groups together the Services proposed by Wissl Media and its Partners.
“Terms and Conditions” means these Terms and Conditions for Use of the Benchr mobile application.
“Partner” means any service provider which has entered into an agreement with Wissl Media in order to propose Services on the Benchr mobile application.
“Party” means individually the User or Wissl Media and the “Parties” collectively means the User and Wissl Media.
“Service” means any service, proposed by Wissl Media or one of its Partners, on the Benchr mobile application.
“User” means any legal entity or any individual with the legal capacity to enter into an agreement who/which installs and consults the Benchr application or uses the services proposed by said application.
4- CONFIDENTIALITY AND DATA COLLECTION
In accordance with the French Data Protection Act of 6 January 1978, this application was the subject of a notification to the French Data Protection Authority (CNIL) – dated 24 October 2016 – notification receipt No. 2001426V0.
This data protection policy applies to all personal data of Application Users, collected and processed by Wissl Media pursuant to the conditions provided for herein.
For example, Wissl Media is likely to collect the following data from Users:
- Surname, first name, email address.
- Information concerning the User’s profile which the User chooses to provide (for example: date of birth, favourite team etc.)
- Information collected based on use of the Application (favourite sections, number of connections etc.)
In accordance with the amended French Data Protection Act of 06.01.1978, Users are entitled to access, request rectification or erasure of, or object to the communication of information concerning them by making a simple request to Wissl Media, situated at 92 rue Anatole France, Levallois-Perret (92300).
The data collected from Users shall not be communicated to any third party for marketing purposes without the User’s consent (opt-in).
5.1 USE OF THE BENCHR MOBILE APPLICATION
Wissl Media does not make any performance warranty regarding the Benchr mobile application and the availability of Services.
Wissl Media cannot be held liable for any loss or direct or indirect harm of any kind whatsoever suffered by the user due to:
- use of the Benchr mobile application;
- the content and/or use of websites related to the Benchr mobile application or to which users may have access via said application;
- inability to access the Benchr mobile application;
- errors, omissions, modifications and/or updates of the Benchr mobile application;
- inaccuracies or errors in the information communicated by the Benchr
5.2 CONNECTION COSTS
The User acknowledges and accepts that, as access to the services requires an internet connection, this may generate costs which shall be borne by him in full, the rights and obligations resulting from his contractual relations with his mobile telephone operator being applicable during use of the Application.
The Application is proposed for mobile terminals using the Apple iOS and Android operating systems.
The minimum system requirements for the functioning of the service are:
- a device equipped with iOS 8 or later
- a device equipped with Android 5 or later
- a device allowing internet access (via Wi-Fi or 3G/4G)
Wissl Media will make all reasonable efforts to ensure that the Application is available at all times. However, the User represents that he is fully aware that some of the Application’s features are available via the internet and mobile networks and that availability of said networks determines access to these features.
Therefore, Wissl Media cannot be held liable in the event that the Service is not available for any reason whatsoever.
7- SATISFACTION SURVEY
Concerned about the satisfaction of its users, Wissl Media may propose surveys with the aim of constantly improving the user experience and digital services provided by the Benchr application.
8- INTELLECTUAL PROPERTY
The images, texts, programmes, brands, logos and other components of the Benchr mobile application are protected by intellectual property rights. Any full or partial representation of the Benchr mobile application and its contents, by any means whatsoever, without the prior express authorisation of Wissl Media, is forbidden and constitutes an infringement within the meaning of Articles L 335-2 and following of the French Intellectual Property Code.
9 – GOVERNING LAW AND JURISDICTION
These terms and conditions are subject to French law. In the event of a dispute concerning their creation, interpretation or enforcement, the Parties agree to seek an amicable solution. In the event that a dispute cannot be settled amicably, the Parties shall bring said dispute before the French courts with jurisdiction. When the User is a legal entity, the Parties agree that any dispute regarding the creation, interpretation or enforcement of the terms and conditions shall fall under the sole jurisdiction of the Nanterre Tribunal de grande instance (district court) (France).