Article 1 – Generalities
The DEEZER website, which can be found at the address http://www.deezer.com (the "Site"), is created,
developed and operated by BLOGMUSIK ("DEEZER") a French corporation registered under n° B 495 246 308, with its principal offices located
at 12 rue d'Athènes 75009 Paris, FRANCE.
The Site offers to its members an unlimited on-demand music and mobile service in high quality audio and without any advertisement with downloading functionality through a paid subscription (the "Deezer Premium Service").
DEEZER further offers to M1 customers to subscribe to a promotional offer giving access to the Deezer Premium Service at a special retail price, the terms and conditions of which being described in Article 2 of these Deezer Terms.
The purpose of the Deezer Terms is to define the contractual and commercial relationship between DEEZER, on one hand, and any M1 subscriber to the Deezer Premium Service ("Subscriber"), on the other hand.
The use of the Site and of the Deezer Premium Service is only authorized for a personal and private use, therefore any other use, notably in public premises and businesses, is strictly forbidden.
Article 2 – Deezer Premium Service Presentation
The Deezer Premium Service is a service offered and operated by DEEZER enabling Subscribers to listen to unlimited music in high quality audio, and without any advertising, from a personal computer or a mobile phone. Upon subscription, the Subscriber may access all functionalities of the Deezer Premium Service from the Site.
The main characteristics of this Service are:
Unlimited access for the purpose of temporarily downloading on three authorized devices (personal computer and mobile devices) the tracks part of the Deezer Premium Service music catalog and the Site playlists, in order to then listen to them when offline
High sound quality
The Subscriber may access the listening and temporary download functionalities enabled by the Deezer Premium Service for the duration of that subscription period. Once the subscription expires, or is terminated, access to the Deezer Premium Service will cease and the Subscriber may no longer listen to or temporarily download tracks accessed via the Deezer Premium Service.
The Deezer Premium Service is accessible from a personal computer (PC or Mac) by connecting to the Site or, without any internet connection, by clicking on the "Offline Mode" button of the Site, and from a compatible mobile device through the mobile application Premium + (hereinafter the "Application") which needs to be downloaded by the Subscriber.
DEEZER guarantees the compatibility of the Deezer Premium Service with all equipment listed as such on the Site.
The Subscriber shall use the Google Chrome browser to be able to use the Offline Mode on his personal computer.
By using the Offline Mode, the Subscriber can only access to the tracks, albums and playlists that he has previously temporarily downloaded, from the Site or the Application, on its device (personal computer and/or mobile).
The temporary downloading of tracks, albums or playlists is possible through the Offline Mode Button which appears on the pages of the Site. The downloaded music can then be listened without any internet connection or 3G/4G mobile technology during the entire duration of the Subscription.
The transfer or burning of music which has been temporarily downloaded using the Deezer Premium Service onto any media whatsoever is strictly prohibited.
DEEZER cannot prevent the display of advertisements contained in video clips provided and hosted by third parties and which can be eventually integrated within the Site (e.g.: Dailymotion…).
Article 3 – Use of the Premium+ Service
The Deezer Premium Service may be accessed:
through the Site, and/or
by clicking on the "Offline Mode" button on the Site (for access when not connected to the Internet or 3G/4G mobile technology) ; and/or
through a compatible mobile phone requiring the prior download and installation of the DEEZER Premium + mobile application (the "App"), which may be downloaded by the Subscriber from the application store of its mobile device or from the Site at the time of Subscription.
Use of the Deezer Premium Service requires a high-speed Internet connection for use via computers and an internet/3G/4G data service for use via mobile devices. DEEZER is not responsible for the Subscriber's Internet connection or mobile device and the Subscriber is encouraged to check that his or her connection speed supports the streaming of music prior to subscription.
The music catalogue available via the Deezer Premium Service is linked to the contracts in effect with the rights holders from time to time. DEEZER cannot guarantee the availability of any specific track, album, artist or group in the Deezer Premium Service catalogue, nor that will any content be available indefinitely. DEEZER is not liable for removal of any content or parts of content from the Deezer Premium Service catalogue.
Subscribers can activate the Deezer Premium Service on a personal computer (PC or MAC) and/or on a compatible mobile device registered with the Deezer Premium Service. The Deezer Premium Service is only accessible from one connection at a time. DEEZER has the technical means to detect the presence of multiple connections via the same account.
Before subscribing to the Deezer Premium Service, Subscribers shall check compatibility with their devices on the webpage « All your devices » located in the tab « What is Deezer ? » on the Site.
Article 4 – Availability and modification of the Deezer Premium Service
The Deezer Premium Service can be accessed to twenty-four (24) hours a day and seven (7) days a week, subject to these Terms.
DEEZER may modify the Deezer Premium Service from time to time as it deems necessary, providing that such modification does not affect the main characteristics, price or qualification of the Deezer Premium Service.
DEEZER may, in its absolute discretion, temporarily suspend the Deezer Premium Service without notice if such suspension is necessary for maintenance or to ensure continuity. Where such suspension is foreseeable, DEEZER will use its reasonable endeavours to publish a notification of the suspension on the Site in advance. Subscribers waive any right to compensation and/or action against DEEZER in that respect.
DEEZER shall not be liable for the termination of the Deezer Premium Service. If the Deezer Premium Service is to be terminated, DEEZER will give Subscribers at least one (1) month notice by publishing a notice to this effect on the Site. Subscribers will not be accountable for any payment from the date of the Deezer Premium Service termination under this paragraph. Upon termination of the Service by Deezer, these Deezer Terms shall similarly terminate.
Article 5 – Absence of the right to revocation – duration – termination
5.1 No right of withdrawal
The Subscriber expressly recognizes and agrees that his access to the Deezer Premium Service starts at the time of validation of his subscription by DEEZER. Consequently, the Subscriber expressly recognizes that it loses his right of withdrawal and that or refund will be accepted after such validation.
The subscription to the Deezer Premium Service is made for an unlimited duration and payment shall be made on a monthly basis using M1 billing systems. This subscription can be terminated by the Subscriber at any time, in accordance with article 5.3.
Various lengths of trial or introductory periods of the Deezer Premium Service may be offered from time to time. Unless otherwise indicated, these trial and introductory periods will be subject to these Deezer Terms and will be limited to one subscription (same email address) irrespective of the specific offer concerned.
Unless otherwise indicated on the Site and except where terminated by the Subscriber in accordance with article 5.3, any trial or introductory offer is automatically transformed into a monthly subscription at the price indicated in that offer or, otherwise, at the price applicable to the monthly subscription to the Deezer Premium Service.
The Subscriber may terminate the Promotional Offer and the Deezer Premium Service pursuant to the termination procedure as instructed by M1 on its channels. Upon termination of the Service, these Deezer Terms shall similarly terminate.
DEEZER will not refund sums already paid for a subscription.
Article 6 – Terms of Access to the Deezer Premium Service
The Subscriber warrants that he is at least 18 years old, has legal capacity to accept these Deezer Terms, and he is not under a legal guardianship, or if the Subscriber is under the age of 18, has a parental authorization giving him permission to subscribe to the Service.
Article 7 – Creation of an account and subscription to the Deezer Premium Service
In order to subscribe to a Deezer Premium Service, every user must:
Create an account on the Site or the Application or, if the user is already registered, log on the Site or the Application;
Provide the information requested on the subscription form;
Agree to these Deezer Terms;
Pay the price of subscription through M1 billing systems;
Once his or her registration has been validated, DEEZER will send the Subscriber a confirmation email to the address provided as part of the registration process.
Subject to these Deezer Terms, subscription to the Deezer Premium Service will only take effect when DEEZER sends this confirmation email. DEEZER recommends that the Subscriber retains this email for his records.
The Subscriber can modify the password given through his account by clicking on the "My account" page.
The Subscriber agrees that the information he provides will be true, accurate and complete.
The Subscriber agrees to inform DEEZER, without delay, of any change to the information provided at the time of the Deezer Premium Service subscription, including without limitation any change to his email address or bank details. The Subscriber can change these details on the "My account" page.
The Subscriber must immediately inform DEEZER of any loss or unauthorized use of his account, his identification details and/or his password. The password and identification details are personal and the Subscriber agrees not to communicate them. As a result, the Subscriber is solely responsible for their use.
The Subscriber is solely liable for any consequences of the use of his account until its deactivation, and as a result, the Subscriber recognizes that DEEZER and all its partners, co-contracting party or right holders cannot be held liable on this matter, unless the Subscriber can prove that the use of his identification details and/or account results from fraudulent activity by a third party.
Article 8 – Price
The Deezer Premium Service is offered to M1 existing or new Postpaid Mobile, Mobile Broadband and Home Broadband customers only, using M1 billing systems and subscribing via M1's sign up channel.
For a limited time period, the discounted retail price will be 4.95 SGD for the first month (the "Promotional Offer").
At the end of the Promotional Offer, the Subscriber automatically migrates to the Deezer Premium Service at the standard subscription price, renewable from months to months, until the Subscriber decides to terminate his subscription to the Deezer Premium Service.
DEEZER has the right to vary the standard subscription price of the Deezer Premium Service. DEEZER will inform each subscriber of any price variation by email to the address registered by the Subscriber at least 15 (fifteen) days before such variation becomes effective. If the Subscriber is not willing to accept this increase, the Subscriber can terminate his subscription through his account on the Site, which will take effect in accordance with article 5 above. When the subscription is not terminated, the new price is applicable on the next monthly payment of the subscription.
Any increase of any sales tax (VAT, GST…) or creation of a new tax applicable to DEEZER based on the Promotional Offer and the Deezer Premium Service price will be applied automatically. The conditions for termination applicable to increase of subscription price outlined above will apply to the increase of subscription price resulting from increase or creation of applicable taxes.
Users are reminded that the connection and data costs relating to the use of the Deezer Premium Service are solely the responsibility of the Subscriber.
Article 9 – Territory
The subscription to the Deezer Premium Service is reserved to physical person, living in Singapore and who is an M1 customer.
Article 10 – Disclaimer of Warranties
The Subscriber acknowledges the general confines and limitations of the Internet.
The Internet not being within DEEZER's control, DEEZER disclaims any liability for the Subscriber's failure to access to the Deezer Premium Service, the loading and viewing speed of the Site pages, the listening speed of the tracks, the temporary inaccessibility of the Deezer Premium Service, and the fraudulent use by third parties of the information provided on the Site.
It is the Subscriber's duty to protect his personal data and hardware, including but not limited to protection against any form of intrusion and/or virus contamination. DEEZER shall not be liable for any dysfunction or damage caused to the Subscriber's hardware.
More broadly, DEEZER disclaims any liability if a breach resulting from acts of god, nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failure, computer hardware or software failure, telecommunication equipment failure, other equipment failure, electrical power failure, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, war, governmental actions, acts of terrorism, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning and more broadly any unstoppable and unforeseen event which prevent the good execution of the orders.
DEEZER disclaims liability for any incompatibility of the Deezer Premium Service with the Subscriber's equipment. It is the Subscriber's responsibility to ensure compatibility in accordance with the specifications outlined on the Site.
Finally, the Subscriber is solely liable for his use of the Deezer Premium Service and cannot hold DEEZER liable for any claim and/or proceedings against him. The Subscriber shall indemnify DEEZER against any claim, complaint or objection and more broadly any proceedings filed against DEEZER by a third party in relation to his use of the Deezer Premium Service.
DEEZER shall respect the legislation in effect regarding the protection of privacy concerning the processing of personal data.
The Subscriber's personal information and data which is collected and processed by DEEZER is mandatory for the management of his subscription. For the purpose of managing the Subscriber's subscription, data may be transferred to subcontractors engaged by DEEZER for the management, the execution and the processing of payment operations. This data is also kept for security reasons to the extent required and permitted by laws as applicable to DEEZER. This data is processed and kept securely at the Site's hosting provider identified within the legal notice, which can be found on the Site.
If the Subscriber provides his consent, the data collected may also be used for the management of commercial relations in order to establish statistics and also provide DEEZER with the possibility to improve and personalize the services offered and the information communicated to the Subscriber.
The Subscriber has a right to access and modify his information. If he wishes to assert these rights and obtain details of his information, the Subscriber may contact DEEZER via the Site by clicking on the section "Contact Us".
If the Subscriber has given his consent (for example at time of creation of his account in order to subscribe to the Deezer Premium Service), he may receive a newsletter from DEEZER to the email address he has registered. If the Subscriber does not wish to receive this newsletter, he can unsubscribe at any time by clicking on the link placed at the bottom of each newsletter or by modifying your data via his account on the Site by clicking "Modify your personal data" (to access this section, click here).
If the Subscriber has given his consent (by example at the time of creation of his account in order to subscribe to the Deezer Premium Service), the Subscriber may receive offers from DEEZER's partners to the email address he has registered and his address may be transmitted to DEEZER's commercial partners.
The Subscriber's data may also be disclosed by DEEZER where required by law, under the authority of a judicial or administrative authority.
Article 12 – "Cookies"
DEEZER needs to implement a cookie on your computer. A cookie does not permit personal identification. However, it registers information relating to your computer's navigation on the Site (the pages visited, the data and hour of visit, etc.) which DEEZER may read on your next visit. It will enable DEEZER to facilitate your navigation on the site and will prevent providing, at each visit, information already communicated at a previous date. The cookies implemented by DEEZER will be kept for less than 6 (six) months.
You may change your browser settings to enable you to detect the presence of cookies and oppose their registration. For more information, see the "Personal data" page on the Site.
Article 13 – Intellectual Property
The layout of the Site and the Application, the Deezer Premium Service and all elements composing it (including but not limited to the logos, domain names, tracks or videos, and their associated elements such as the photos, images, texts and biography of the authors, artists and/or any legal beneficiary on the tracks or videos) are the exclusive property of DEEZER and/or its licensors (including but not limited to the record and video producers, the record companies, and relevant collecting societies).
These elements are protected by intellectual property laws and others, including by copyright law. You may only use these elements for the purpose of using the Deezer Premium Service in accordance with these Deezer Terms.
Any total or partial reproduction of the Site the Application, of the Deezer Premium Service and/or any part of it (as described above) by any means without the express consent of DEEZER is forbidden and is likely to constitute infringement which is illegal.
Any hyperlink to the Site, using "framing" (a programming technique enabling the division of browser windows into different independent frames in order to display the content of an external website) or "in-line linking" (a programming technique to incorporate into a webpage elements extracted from another site, which saves stock space on the hard drive where the Site is hosted and conceals the original content of which the element is part) is expressly forbidden.
The tracks on the Deezer Premium Service are protected by national and international copyright and neighboring rights. Therefore, and in accordance with the Intellectual Property Rights, you may only listen to such tracks privately in a non-commercial context. Any use for a non-private purpose will expose the Subscriber to civil and/or criminal proceedings. Any other use of the numerical files is strictly forbidden and specifically any download or attempt to download, transfer or attempt to transfer permanently or temporarily onto the hard drive of a computer or any other device (including but not limited to music players), burn or attempt to burn a CD or any other medium are expressly forbidden. Any resale, exchange or renting of these files is strictly prohibited.
The Subscriber recognizes that the tracks provided to him on the Site are protected by technical protection measures set up by DEEZER in order to prevent or limit, depending on the technology offered, the unauthorized use of the tracks under the Deezer Terms.
The Subscriber agrees not to bypass these technical protection measures by any means, for the purpose of retaining downloads of the tracks offered on the Site and the Application, or more broadly using the tracks in any manner unauthorized in the Deezer Terms, including but not limited to the retention of the Tracks on any device, such as a personal computer, mobile device or music player.
Article 14 – Suspension and/or termination initiated by DEEZER or the Subscriber
Without prejudice to any remedies that DEEZER may be entitled to, DEEZER may suspend access to the Deezer Premium Service to a Subscriber and/or terminate the Subscription, without notice or compensation, in the event of any non-compliance by the Subscriber with these Deezer Terms, including but not limited to:
Misuse or infringement of any Intellectual Property rights of DEEZER or its licensors;
Bypass or attempts to bypass the technical measures of protection set up by DEEZER;
Use of multiple simultaneous connections to the same account or attempts to do so;
Provision of false information at the time of his subscription to the Service;
Total or partial default in payment by the Subscriber of the price of his Subscription;
Activities prejudicial to DEEZER's commercial interests.
Article 15 – Modifications of the Deezer Terms
DEEZER has the right to modify these Deezer Terms, at its absolute discretion. In the event of any modification, DEEZER will inform the Subscriber by email to the address given on the Subscriber's account at least 15 (fifteen) days prior to such modifications taking effect. Modifications will take effect from the beginning of the subscription period following DEEZER's notice of such modifications. Where the Subscriber does not accept such modifications, he may terminate his subscription from his account on the Site in accordance with article 5 above.
Article 16 – Customer service department
If you have any questions, or would like more information on the Deezer Premium Service, you can contact DEEZER through the "Contact us" page of the Site, or by post to the following address:
12 rue d'Athènes
Article 17 – Severability
In the event that any clause of these Deezer Terms is declared void or voidable for any reason, the other clauses will still apply without any modification.
Article 18 – Jurisdiction and litigation
The Deezer Terms are governed by the laws of Singapore.
In case of litigation, the parties will try to reach an agreement before any judicial proceeding. If no agreement can be reached, any claim regarding the validity, the interpretation and/or the execution of the Deezer Terms will have to be brought before the court where the Subscriber lives.