General Terms and Conditions of Trade
These General Terms and Conditions of Trade ('Terms') apply to all services offered by Teleboy AG (hereinafter "Teleboy"). By using the services of Teleboy, you accept the following terms in full and without changes.
SUBJECT OF THE TERMS
- Teleboy operates the Teleboy online platform through www.teleboy.ch, as well as through Teleboy's applications (hereinafter "platform"). Through this platform, Teleboy provides TV offerings (hereinafter 'TV offerings') and provides associated supplemental services (hereinafter inclusively the 'services").
- The subject of these Terms is the use of the services by individuals or legal entities (hereinafter 'user').
CONSENT TO THE TERMS
- Teleboy makes the services available to the user under the condition that the latter accepts the present Terms and the Data Protection Declaration without reservation. The consent occurs by means of use of the services. The Terms and the Data Protection Declaration shall apply to any use of the services and for all transactions that the user initiates now or in the future through the platform.
- In using individual services on the platform, the user may be asked to reiterate its consent by clicking on a corresponding confirmation field.
- Some supplementary services (e.g. TV Guide) are accessible to all through the platform. For the use of the TV offerings, registration as a member is necessary.
- The registration as a member takes place through the online form on the platform. The user is obliged to give all information accurately and in full. A registration with false information or using another identity is expressly prohibited. Teleboy may verify the user's information and identity, but is not obliged to do so.
- Teleboy reserves the right to prohibit registration by individual users without giving a reason, to cancel registrations already made without a current subscription, or to block the access by a particular member to the user account.
- After registration, the user will receive a personal account (hereinafter 'user account' with access data, consisting of the user name and password (hereinafter 'access data"; a registered user hereinafter 'member'). Access data are personal and not transferable. The member is obliged to treat the access data as confidential at all times, and not to make them accessible to third parties. The safekeeping of the user data is the responsibility solely of the respective member. All uses and transactions made through the member's user account will be charged to the respective member and are binding on it.
- Membership is free. Services that are subject to charges are identified as such. Teleboy may grant members free access to services subject to charges during a trial period in accordance with information on the platform, but as a rule for a maximum of one month. At the expiration of the trial period, the use of these services is subject to charges. Teleboy will grant each member a maximum of one free trial period.
- The current service offering is described on the platform. Teleboy's conditions, which may be found on the platform, apply to all service. Teleboy may change the service offering or the scope of services offer at any time or may suspend the provisions of individual services, without giving rise to any claims for compensation on the part of the user.
- The user recognizes that TV offerings and series offerings are directed exclusively to persons in Switzerland and in the Principality of Liechtenstein. The user is prohibited from circumventing the technical protective measures (IP blocking) instituted to assure use exclusively in Switzerland and the Principality of Liechtenstein.
The use of TV offerings and series offerings is subject to registration as a member and taking out a subscription. The subscription is subject to charges, unless a trial period has been agreed upon (cf. No. 3.5) or unless, pursuant to the current price list or a basic offer, the service in question is provided free to members.
Ordering takes place through the platform, using the member's user account. The user has a choice between subscriptions with fixed terms and subscriptions with indeterminate terms and the repeated payment of a subscription fee. For subscriptions with indeterminate terms, Teleboy may grant the member a trial period (cf. No. 3.5), for which no subscription fee is due. The member may choose the desired subscription from the current service offerings. After completion of the ordering process the member will receive an order confirmation via email.
- Taking out the subscription
The order confirmation explicitly does not yet constitute acceptance of the order by Teleboy. The contract covering a subscription between Teleboy and the member is realized only if Teleboy activates the member's access right.
- Beginning and term of the subscription
Subscriptions with fixed terms begin with activation by Teleboy and end after the expiration of the fixed term. No early termination by the member is possible.
Subscriptions with indeterminate terms may be terminated by Teleboy or by the member at any time to the end of an accounting period of one month. The termination by the member must be made through its user account.
Teleboy reserves the right to terminate the subscription at any time without notice or to temporarily block the member's access to the services if the member uses the services in contravention of the law or in violation of these Terms, or is in default with payment of the subscription fees. The temporary blocking of the access does not release the member from its payment obligation under the current subscription.
- Consequences of ending
With the ending of the subscription, for whatever reason, the member's access right to the offer in question and all settings by the member in this respect may be deleted. Teleboy is further entitled, but not obliged, to also delete the member's user account, or to temporarily block the member's access to the user account (cf. No. 3.3).
- Subscription fee
For subscriptions with fixed terms the subscription fee is due and payable once in advance.
For subscriptions with indeterminate terms the subscription fee is due and payable in each case in advance for an accounting period of one month (hereinafter 'accounting period').
If, for subscriptions with indeterminate terms, Teleboy grants the member a free trial period(cf. No. 3.5), then the subscription fee is owed only for the accounting period following the end of the trail period. Should the member terminate the subscription before the expiration of the trial period, the subscription in question ends immediately and no subscription fee is due.
- Prices and payment terms
Teleboy's current prices, available on the platform, apply. The prices shown there or given by Teleboy are in Swiss francs and include value-added tax.
Payment is to take place by means of the payment method stored in the user account or selected in the order process and accepted by Teleboy. For subscriptions with indeterminate terms, Teleboy accepts only payment methods (e.g. credit cards) that allow recurring charges. The member is obliged to keep the information in its user account on such payment means (e.g. the credit card on file) current. If, in the case of recurring subscription fees, Teleboy cannot charge the payment means on file for the member, Teleboy is entitled to suspend the services or to terminate the subscription effective immediately (cf. No. 5.4 Par. 3).
All payments are final. There is no right of revocation, and the member shall in no case be entitled to a pro-rata refund of subscription fees already paid.
- Price changes
Teleboy may change the prices and terms applicable to the subscriptions at any time. The changes are valid as of their appearance on the platform, subject to the stipulation below in Par. 2 of this No. 5.8.
If Teleboy increases the monthly subscription fees for subscriptions with indeterminate terms, Teleboy will inform the members concerned of this in advance. These members shall then have the opportunity to terminate their subscriptions as of the end of the current accounting period (No. 5.4 Par. 2). In the absence of termination, the price increase will take effect as of the accounting period following the notice for these members as well.
- The user agrees to use the services only lawfully and in compliance with its obligations under these Terms.
- The TV- and series offerings may be used only for personal or, in the case of legal entities, internal company purposes, and only in Switzerland or in the Principality of Liechtenstein. The user acknowledges that the contents made accessible through the services are copyright-protected and may be used only as intended and in compliance with the copyright restrictions. In particular, any copying, recording, presentation of, or granting of access to the contents that goes beyond the personal use permitted by the copyright is prohibited.
- The use of certain contents that can be downloaded through Teleboy's services (e.g. adult offerings) may be restricted to persons of a minimum age (e.g. 14 or 18 years old). The user agrees to take suitable measures to assure that no persons under the relevant minimum age use such content through the use of its user account.
- The user is obliged to release and hold harmless Teleboy, its organs, employees and other vicarious agents harmless from any claims by third parties that are asserted against Teleboy as a result of unlawful use of the services, or use in violation of these Terms by the user. The losses to be compensated also include the costs of Teleboy's legal defense against the claims asserted.
- The use of the platform, Teleboy's applications and the services provided through them (namely the TV- and series offerings) take place over the Internet. Teleboy is committed to making the services available pursuant to the current state of the art, and in good quality. Interruptions will be corrected as quickly as possible. The quality of the playback for the user is determined by the availability and the bandwidth of its Internet access, as well as the technical features of its reception devices. Therefore, to the extent permissible by law, Teleboy excludes any warranty for the platform, the applications and the services provided through them. In particular, Teleboy offers no assurance or guarantee in this respect of completeness, precision, reliability, uninterrupted availability, functionality, quality, or for certain results, absence of defects or the like.
- The installation of the applications and the use of the services take place solely at the responsibility and risk of the user. This also includes the user's responsibility for the provision of and payment for all the user's end devices that are necessary (including the system requirements) and communication services (Internet connection or mobile phone connection with sufficient bandwidth).
LIMITATIONS ON AND EXCLUSIONS FROM LIABILITY
- Teleboy shall be liable vis-à-vis the user for intentional actions and gross negligence. Any liability on Teleboy's part for indirect or consequential damage (e.g. from the loss of data or interruptions in service) is excluded, unless mandated by statutory provisions.
- Content that members can retrieve using the TV- or series offerings through the platform is third-party content. Teleboy exercises no editorial control over such content, nor is it obliged to do so. Teleboy is therefore not responsible for this content and excludes any liability for losses or injuries that may result to the user from the use of this content. This exclusion from liability shall also apply to contents on websites or applications not operated by Teleboy, but to which reference is made on the platform, or that make reference to the platform.
APPLICABLE LAW AND PLACE OF JURISDICTION
- These Terms and any disputes that may arise from or in connection with the relationship between Teleboy and the user are to be governed exclusively by Swiss law, to the exclusion of the conflict-of-laws provisions and the provisions of the UN Convention on the International Sale of Goods (CISG).
- The exclusive place of jurisdiction for all disputes between Teleboy and the user is Teleboy's registered office. However, Teleboy is entitled to sue the user at its domicile.
- Teleboy reserves the right to change these Terms at any time. Changes will be made available on the platform and will become effective upon appearing thereon.
- The user may transfer rights and obligations arising from these Terms or subscriptions taken out under it only with written consent from Teleboy. Transfer by Teleboy to a legal successor or affiliated company is expressly allowed.
- Should individual or several provisions of these Terms be or become wholly or partially invalid or unenforceable, the validity of enforceability of the remaining provisions of these Terms shall not be affected thereby. In such case, the Parties will replace the invalid or unenforceable provision with a valid and enforceable provision that most closely resembles the economic purpose of the provision to be replaced. The same shall apply analogously in case a gap should be discovered in these Terms.
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