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Terms and Conditions

Effective date: Mar 30, 2023

1. Subject

The Terms and Conditions of Use for GOSPLIT's services on the website https://www.gosplit.com/ (hereinafter referred to as the "Site") are applicable to all services offered by GOSPLIT, without limitation or reservation.

The Site serves as a platform that connects users who have subscriptions (hereinafter referred to as "Subscriptions") to entertainment sites and platforms offered by distributors (hereinafter referred to as "Distributors") and wish to share the subscriptions with other users (hereinafter referred to as "Owners"), and users who would like to subscribe to one or more of these sites and platforms (hereinafter referred to as "Subscribers").

Collectively, the Owners and Subscribers are referred to as the "Users". The Site allows Owners and Subscribers to share the cost of relevant Subscriptions (hereinafter referred to as the "Services").

The purpose of the Terms and Conditions is to define the terms of use for the Services and to establish the rights and obligations of the parties involved. The Terms and Conditions can be accessed and printed at any time through the direct link at the bottom of the Site's web pages.

The present conditions of sale take precedence over any other general or specific conditions not expressly approved by GOSPLIT. Specific conditions of use may be added in appropriate cases for certain services. These conditions are complementary to the Terms and Conditions and shall take precedence over them in case of any contradictions.

2. Operator and Contact

Address:
ROOM 2209, 22/F, 655 NATHAN ROAD, KOWLOON, HONG KONG Email: [email protected]

Tel:+852 62205467

3. Important warnings about sharing access to online services

3.1. When you offer to share access to an online service, you must check and ensure that you comply with the terms and conditions of that online service, including any restrictions on the number of individuals with which you can share access and your relationship with them (the “ Sharing Rules “).

3.2. We will ask you to confirm that you have read and comply with the Sharing Rules applicable to the online service you want to share or use before you can create or join a new group.

3.3. You are responsible for ensuring that you comply with the applicable Sharing Rules. We will not be responsible to you for any losses you might suffer if you are blocked from accessing any online service because you have not complied with the Sharing Rules or used the GOSPLIT Service in a way that might breach the Sharing Rules.

3.4. We may immediately suspend or terminate your access to the GOSPLIT Service if we suspect that you are sharing access to an online service in breach of that service provider’s terms.

3.5. The GOSPLIT Service implements automatic restrictions on sharing common services, such as Netflix and Spotify. We may immediately suspend or terminate your access to the GoSplit Service if you attempt to circumvent these restrictions.

3.6. We will need to conduct certain checks to verify your identity in order for you to use the payment features of the GOSPLIT Service. We may refuse to provide you with all or the relevant features of the GoSplit Service if we are unable to do this.

4. Description of the Services

4.1 Services for Owners

GOSPLIT offers a platform for Owners to share their subscriptions with multiple users who are registered with distributors. Owners can suggest adding distributors who are not registered with GOSPLIT on the website.
However, only subscriptions that are open to multiple users according to the terms of the distributor can be shared on the Site.
Owners are required to respond to subscription requests within 48 hours.
If the Owner fails to respond within this period, the subscription request will be cancelled.
Once the subscription is confirmed, the Subscriber will receive a link within 12 hours of confirmation from the Owner through the messaging system on the website.
The Subscriber will only be paid by GOSPLIT after the company has collected the amount due from the Subscriber.
In case of subscription termination, the Subscriber will still have access to the subscription for 30 days after the last paid Subscriber has paid for the subscription.

4.2 Services for Subscribers

Subscribers can send subscription requests to Owners, which are subject to the Owner's acceptance.
GOSPLIT will deduct the amount corresponding to the first month of the subscription upon the Owner's confirmation.
The Subscriber may send multiple subscription requests at the same time, but GOSPLIT will not refund the amount withdrawn if the Owner responds positively to these requests simultaneously.
In case of subscription termination, GOSPLIT will reimburse the Subscriber the monthly subscription amount for the remaining days until the end of the relevant subscription month.

4.3 Messaging

Users can communicate with each other through the messaging services provided on the Site. GOSPLIT has the right to access and rely on the messages for legal proceedings if necessary.

5. Registration to the Site

To become a User of the Site, it is necessary to complete the registration form accessible from the home page of the site, or when creating a shared subscription.
During this registration, the Visitor guarantees the accuracy of the data he/she transmits, and must accept the general conditions of use of GOSPLIT, the payment provider that will manage the financial data and transactions.
Once this form is completed and validated, the User will have to validate his account from the email that will be sent to him at the address he has given (except for connection by third party service).

The user is solely responsible for his identifiers, composed of an email address and a password, as well as the use of his account.
GOSPLIT shall not be held liable for the consequences of the use of a User’s login details by a third party and/or the loss of his/her login details by a User.

By becoming a User of the Site, you agree to use the Services of the Site only for lawful purposes and in accordance with good morals, and guarantee GOSPLIT against any recourse or action by third parties concerning the use made of the Services.

GOSPLIT or its service provider STRIPE may refuse an application for registration without explanation and without this constituting a right to any compensation.
GOSPLIT ’s Customer Service Department reserves the right to request additional identifying information and supporting documentation if necessary.

It is strictly forbidden for Users to have several accounts on the Site, even with different identifiers.
Any individual or legal entity may hold only one account.
Any violation may result in the deactivation of the account(s), and the refund of the entries deemed irregular by GOSPLIT ’s customer service.

6. Creation and management

6.1 Creation

The correctly logged-in and identified User can create a shared subscription freely after accepting the general Terms and Conditions. During this creation, the user must fill in the mandatory fields:
- The subscription category it belongs to
- A name for the shared subscription
- An explicit description of the subscription and the shared fees, also indicating any restrictions and conditions of access to the subscription.
- The full name of the organizer of the shared subscription
- The amount and the currency of the participation requested from the participants
- The maximum number of participants allowed
- Recurrence of participation (weekly, monthly, quarterly)
- The model for sharing participation among participants
- Any information necessary for co-members to benefit from the advantages of the shared subscription. These will only be displayed to users after they have confirmed their commitment to the shared subscription.
- The duration is not mandatory, as you can stop the subscription at any time from your account.

The name and description of the shared membership, as well as the full name of the Owner, must be filled in carefully.
These fields determine the purpose of the mandate given by the Participants to the Owner of the shared subscription.
Their content is the sole responsibility of the organizer.

The Owner agrees that the subscription price, resulting from the sum of the participations, corresponds to the real price of the service he/she shares with the participants, and not to use this as a source of income.
The use of GOSPLIT Services is limited to reimbursement of expenses.

The Owner also agrees not to provide misleading information about the subscription and its price. Any abusive practice may be sanctioned by account closure and prosecution.

The Owner also agrees to provide proof of the actual nature of the expense he/she is sharing. These may be required by GOSPLIT ’s customer service department for any high priced shared subscription.

By creating the shared subscription, the owner gets a private invitation link, which he can pass on to the people he wants to share his subscription fees with.

6.2 Management

Once the shared subscription is created, the owner can:
- Invite users or visitors to join your subscription.
- View payments made by other users
- Stop the shared subscription at any time. This closure is final and will result in the cessation of payments by the participants.
- Exchange with participants via the secure chat
- Edit subscription information for subscribers.
- To collect the amounts of the participations of the subscribers, provided that the amount of the participations cumulated on its account reached a minimum of 10€ for the participations in Euro, or of $10 for the participations in USD.

7. Joining a Sharing Group

7.1. You can join a Sharing Group by:
- Accepting an invite from the user that created the Sharing Group.
- Searching for public Sharing Groups and submitting a request to join a particular Sharing Group to the Group Owner.
- Searching for Sharing Groups created by your contacts on any social media account that you link to the GOSPLIT and submitting a request to join a particular Sharing Group.

7.2. You will also need to confirm your relationship to the Group Owner in order to join a Sharing Group. You must not misrepresent this relationship or attempt to:
- Join a Sharing Group that consists of users with whom you are not permitted to share access to the applicable online service in accordance with the applicable Sharing Rules;
- Circumvent any restrictions on GOSPLIT on the individuals with whom access to an online service may be shared
- Breach or otherwise facilitate any breach of an online service’s Sharing Rules.

7.3. We may monitor your activity on GOSPLIT to ensure that you comply with paragraph 7.2. Failure to do so constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice):
- Immediate, temporary or permanent withdrawal of your right to use GOSPLIT;
- Issuing a warning to you;
- Legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

8. Financial terms and conditions

GOSPLIT provides its services to Owners free of charge, except for the connection fees on the website.
GOSPLIT receives a commission from the Services provided to Subscribers, which is indicated on the website.
Prices include taxes and fees in the country where the exchange is made.
GOSPLIT reserves the right to limit the minimum and maximum sales prices that Owners may set at its discretion. Prices may be revised by the Owner at any time.
GOSPLIT will notify subscribers of any changes by email at least 1 month prior to the effective date of the new prices. Payment for subscriptions is made by direct debit using the User's credit card number, and GOSPLIT does not retain any bank details.
Subscribers must ensure that they have the necessary authorization to use the chosen payment method and that the automatic deduction of the subscription price can be debited.

8.1 Pricing

GOSPLIT offers its services to Owners free of charge, except for the connection fees on the website. However, as part of the services provided to Subscribers, GOSPLIT receives a commission, the amount of which is indicated on the website. The prices displayed on the website are in EUR, USD, and KRW, depending on the country selected by the user. These prices include taxes and fees in the country where the exchange is made. GOSPLIT reserves the right to limit the minimum and maximum sales prices that the Owner may set, at its discretion and on its own terms.

8.2 Price Revision

Owners may revise the prices at any time, at their own discretion. However, GOSPLIT will notify Subscribers of any changes in the prices by email at least 1 month prior to the effective date of the new prices. Once effective, the new prices will apply upon renewal of the subscription.

8.3 Invoicing

Users can access the invoice for the Services provided to them on their personal space.

8.4 Payment methods

Payment of the subscription price is made by direct debit using the User's credit card number. The direct debit is implemented by the companies Stripe & Partner banks, which alone retain the User's bank details for this purpose. GOSPLIT does not retain any bank details. The subscription price is deducted on the date the subscription is taken out and on the anniversary of each renewal.

8.5 Set-off

If there is no dispute as to the due date and amount of payments, the obligation of the User to accept and GOSPLIT to make all payments arising between them shall be set off against each other by operation of law. However, this set-off shall not have the effect of relieving both parties of their accounting obligations, particularly with respect to invoicing.

8.6 Late Payments and Payment Incidents

Any delay in payment of all or part of the amount due on the due date will, after 3 unsuccessful attempts to debit the amount, immediately suspend the ongoing service until the User has paid in full all the amounts owed. Users must provide accurate banking information. If the transfer is refused, a fee of up to 15 euros (excluding taxes) will be charged to the user's account.

9. Express Cancellation of Right of Withdrawal

Users are aware that the right of withdrawal usually applies to contracts for the provision of services concluded between professionals and consumers at a distance, and this right should be exercised within 14 days after the conclusion of the contract. However, users are informed and accept that the services are provided to them as soon as they register, and are thus fully executed before the end of the withdrawal period mentioned above. Consequently, they expressly waive their right of withdrawal, which may not be exercised, in accordance with Article 11-Evidence Base (for summary sheets) of the EU CONSUMER RIGHTS DIRECTIVE and 30. 2013 No. 3134 of UK Statutory Instruments.

10. Agreement of Evidence

The User acknowledges and agrees that data collected on the Website and GOSPLIT's computer equipment are accurate proof of the operations performed under this Agreement. Such data constitute the primary means of proof of acceptance by both parties, especially when calculating the amounts due to GOSPLIT. Users may access this data in their Personal Space.

11. Rules of Acceptable Use

11.1. In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of GOSPLIT (the “ Rules of Acceptable Use “).

11.2. When using the GOSPLIT Service you must not:
- Circumvent, disable or otherwise interfere with any security related features of GOSPLIT, or any restrictions that we put in place for setting up or joining Sharing Groups;
- Try to contact or arrange payment to another user in relation to a Sharing Group other than through the GOSPLIT ;
- Use the GOSPLIT Service for commercial purposes, or accept any payment or commission in relation to your use of the GOSPLIT Service other than as expressly permitted in these Terms and Conditions;
- Give any false or misleading information, impersonate any person or permit any other person to use the GOSPLIT Service under your name or on your behalf unless such person is authorised by you;
- Breach, attempt to breach or facilitate a breach of any Sharing Rules;
- Use the GOSPLIT Service if we have suspended or banned you from using it;
- Advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, fraud or money laundering, or conduct that causes damage or injury to any person or property;
- Promote or advertise any goods or services on GOSPLIT;
- Send any unsolicited marketing communications through GOSPLIT ;
- Modify, interfere, intercept, disrupt or hack GOSPLIT ;
- Misuse GOSPLIT by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the GOSPLIT Service or any user of the GOSPLIT Service’s own equipment;
- Collect any data from the GOSPLIT Service other than in accordance with these Terms and Conditions;
- Submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
- Submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
- Use any User Content in violation of any licensing terms specified by the owner;
- Submit or contribute any information or commentary about another person without that person’s permission (including leaving a review of a user who is not the Group Owner of your Sharing Group or, if you are a Group Owner, a member of your Sharing Group);
- Threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person
- Use any automated system, including without limitation “ robots ” , “ spiders ” or “ offline readers ” to access the GOSPLIT Service in a manner that send more request messages to the GOSPLIT Service than a human can reasonably produce in the same period of time.
- A subscription owner engages in private transactions with cosubscribers—this includes, but is not limited to, directing them to conduct offline transactions or transactions outside the GoSplit platform—once discovered, GoSplit reserves the right to immediately suspend the account and remove all subscription groups associated with the owner. Additionally, any earnings from shared subscriptions will not be refunded. This clause is designed to ensure fairness and security in transactions on the platform, protect user experience, and prevent any attempts to disrupt the platform’s order.

12. User's Warranty

By using GoSplit's services, the User guarantees that they will not cause any complaints, claims, or lawsuits against GoSplit as a result of their violation of these terms and conditions. The User acknowledges that they will be liable for any damages and will bear all costs, charges, or judgments that may result from their actions.

13. Responsibility and Warranty of GoSplit:

13.1. GoSplit promises to provide services in accordance with the rules and states that there is an obligation, except for any obligation of results that the user acknowledges and accepts.

13.2. GoSplit is not responsible for the content posted by users within the service framework, does not conduct any form of review, selection, verification, or control over it, and only intervenes as a hosting service provider.
Therefore, GoSplit is not responsible for the content whose authors are third parties, and any possible complaints are directed against the authors of the relevant content.
In case of harmful content, it may be notified to GoSplit in accordance with Article 6 I 5 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, and GoSplit reserves the right to take the measures described in the article entitled "Penalties for breaches."

13.3. GOSPLIT facilitates the establishment of relationships between owners and subscribers through the provision of technical tools and means.
GOSPLIT acts only in its own name and does not enter into any legal act on behalf of the owners or subscribers, who contract directly with each other.
GOSPLIT is not responsible for any difficulties or disputes that may arise in relation to the subscription, warranties, representations, or any other obligations between the owners and subscribers.
Users are invited to provide feedback to help GOSPLIT improve its service.

13.4. GOSPLIT does not guarantee any specific amount of business to owners who use its service.

13.5. GOSPLIT regularly inspects its website to ensure its operation and accessibility.
However, it reserves the right to temporarily suspend access to the website for maintenance purposes.
GOSPLIT is not liable for any difficulty or temporary inability to access the website due to circumstances beyond its control, such as force majeure or network interruption.

13.6. GOSPLIT does not guarantee that its services will be completely free of errors, defects, or deficiencies.
Its services are standard and are not offered solely for the benefit of a specific user according to their personal constraints.
GOSPLIT does not guarantee that its services will meet the specific needs and expectations of every user.

13.7. GOSPLIT's liability is limited to proven direct damages suffered by users.

14. Intellectual property

The systems and content of GOSPLIT's website are protected by intellectual property rights and databases. Any unauthorized reproduction or use of these elements is strictly prohibited and may be subject to legal proceedings.

15. Personal data

For information on how GOSPLIT handles personal data, please refer to its Privacy Policy.

16. Links and third party sites

GOSPLIT is not responsible for the technical availability of third-party websites or mobile applications, including those operated by its partners or resellers. It is not responsible for the content, advertisements, products, or services available on such third-party websites and mobile applications, which are governed by their own terms of use. GOSPLIT is not a party to any disputes between users and distributors regarding the delivery, warranties, representations, or other obligations of any kind with respect to products or services.

17. Force majeure

Neither party shall be held liable for any failure or delay in the execution of terms and conditions due to force majeure, including acts of strike, terrorism, or epidemic. If a case of force majeure continues for more than 30 days, either party may terminate the terms and conditions without judicial formalities by any written means.

18. Modifications

GOSPLIT reserves the right to modify its terms and conditions at any time. Registered users will be notified of any modifications by email. Users who do not accept the revised terms and conditions must unsubscribe from the service.

19. Mediation

Users have the right to use the consumer mediation platform ODR to resolve any disputes between them and GOSPLIT arising from the performance of the contract.

20. Applicable law

The current general conditions are governed by HK law.

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