myTV AG – General Terms and Conditions of Trade
These General Terms and Conditions (Terms and Conditions) apply to all the services offered by mytTV AG (hereinafter referred to as "Teleboy"). By using the services of Teleboy you accept the following terms and conditions unchanged and in full .
- SUBJECT MATTER OF THE TERMS AND CONDITIONS
- Teleboy operates the online platform www.teleboy.ch and via applications or apps of Teleboy (hereinafter referred to as "Platform"). Teleboy provides various offers via the Platform, e.g. TV, internet or combination offers consisting of TV, Internet and fixed line telephony (hereinafter referred to as "Offer") and renders supplementary services in this connection (hereinafter jointly referred to as the "Services").
- The subject matter of these Terms and Conditions is the use of the services by natural persons or legal entities (hereinafter referred to as "Users").
- CONSENT TO THE TERMS AND CONDITIONS
- The User may be requested to repeat their consent when accessing individual Services on the Platform by clicking on a relevant confirmation button.
- Some Services (e.g. TV programs, live TV) are generally accessible via the Platform. Registration as a member is required for using individual additional functions (e.g. recording).
- Registration as a member is effected via the Platform. The User is obligated to provide correct information in full. Any registration with incorrect information or using another identity is expressly prohibited. Teleboy may check the information and the User's identity but is not obligated to do so.
- Teleboy reserves the right to prohibit individual Users to register without providing reasons, delete any registrations without a current subscription or block the relevant member access to their user account.
- After registering, a personal account will be opened for the User (hereinafter referred to as "User Account") with access data consisting of a username and password (hereinafter referred to as "Login Data"; a registered User shall be referred to as "Member"). Login Data are personal and cannot be transferred. The Member is obligated to treat the Login Data confidentially at all times and to not make them accessible to third parties. Each Member is solely responsible for the secure storage of the user data. All the uses and transactions carried out via the Member's User Account are attributed to the respective Member and are binding on same.
- Membership is free of charge. Services that are charged for are designated as such. Teleboy may grant Members access to Services that are chargeable during a test period in accordance with the information on the platform, however, generally for maximum three months free of charge. Once the test period has expired, use of these Services shall be chargeable. Teleboy grants each Member maximum one free test period.
- SERVICES PROVIDED BY TELEBOY
- The current service offering is described on the Platform. Teleboy's terms accessible via the Platform apply to all Services. Teleboy may change the service offering or the scope of the Services offered at any time or discontinue the provision of individual Services without a compensation entitlement accruing to the User thereby.
- Teleboy is entitled to have its service obligations carried out by third parties. In this case, they shall only be liable for due care in the selection and instruction of the third party.
- The User acknowledges that the Offers are solely intended for persons in Switzerland and the Principality of Liechtenstein. The User is prohibited from circumventing the technical protective measures (IP blocking) taken to ensure exclusive use in Switzerland and the Principality of Liechtenstein .
- SUBSCRIPTIONS AND SERVICES
The use of a paid offer requires registration as a Member and the taking out of a subscription. The subscription is chargeable unless a test period (see clause 3.5) has been agreed or Teleboy provides a basic offer of the relevant Service to Members free of charge in accordance with the current price list.
Orders are placed via the Platform using the Member's User Account. The User may choose between subscriptions with a fixed term and one-off payment of the subscription fee and subscriptions with an indefinite term and recurring payment of a subscription fee. For subscriptions with an indefinite period, Teleboy may give the Member a test period (see clause 3.5) for which no subscription fee shall be due. The Member shall choose the required subscription from the current offering. After completing the order process the Member shall receive an order confirmation by email.
- Ordering a subscription
The order confirmation does not explicitly state acceptance of the order by Teleboy. The contract for a subscription between Teleboy and the Member is only formed once Teleboy activates the Member's access authorisation, unless agreed to otherwise.
- Start and duration of the subscription*
Subscriptions with a fixed term shall start with activation by Teleboy and end on expiry of the fixed term. The Member may not prematurely terminate the contract. Teleboy or the Member may terminate subscriptions with an indefinite period at any time at the end of an invoice period of one month. Teleboy reserves the right to terminate the subscription at any time without notice or to temporarily block the Member's access if the Member uses the Services unlawfully or in violation of these Terms and Conditions or is in default with the payment of subscription fees. The temporary access block and does not release the Member from their payment obligation under the current subscription. *The minimum period for Teleboy Home's Offers is generally 12 months. After expiry of this minimum period, the Offer may be terminated at the end of the relevant billing period. Notice must be received by Teleboy at least 30 days before the end of the billing period. If the contract is terminated prior to expiry of the agreed minimum period or as of a date not agreed to, the amount/fee shall not be refunded on a pro rata basis and shall be forfeited to Teleboy. Notice must be given by means of a registered letter in accordance with the deadline and be sent to the following address: myTV AG, Subscription Department, Seestrasse 513, 8038 Zurich.
- Consequences of termination
If the subscription is terminated, irrespective of the grounds, the Member's access right to the relevant Offer and all the settings carried out in this regard by the Member may be deleted. In addition, Teleboy is entitled but not obligated to also delete the Member's User Account or to temporarily block the Member's access to the User Account (see clause 3.3).
- Subscription fee
A one-off payment in advance is required for subscriptions with a fixed term. For subscriptions with an indefinite term, the subscription fee is due and payable in advance for the relevant billing period (hereinafter referred to as the "Billing Period"). If Teleboy gives Members a free test period (see clause 3.5) for subscriptions with an indefinite period, the subscription fee shall only be due for the Billing Period following the end of the test period. If the Member terminates the subscription prior to the end of the test period, the subscription shall end immediately and no subscription fee will be payable.
- Prices and payment terms
The current Teleboy prices accessible via the platform apply. The prices shown there or communicated by Teleboy are due in Swiss francs and include VAT. Payment is made via the payment method stored in the user account or selected during the ordering process and accepted by Teleboy. For subscriptions with an indefinite duration, Teleboy only accepts payment methods (e.g. credit card) that allow recurring debiting. The member is obliged to keep the information on such a means of payment (e.g. the deposited credit card) up to date in his user account. If Teleboy cannot charge the Member's deposited means of payment for recurring subscription fees, Teleboy shall be entitled to suspend the services or terminate the subscription with immediate effect (cf. Section 5.4 Para. 3). The payment option "invoice" is available for individual offers. This may require a positive identity and credit check of the user. The order on account is processed via Teleboy or via iWay AG, Badenerstrasse 569, 8048 Zurich (hereinafter referred to as "iWay"). In the case of processing via iWay, the claim against the user is assigned to iWay. In the event of default in payment, Teleboy is entitled to charge a processing fee of CHF 10 (per reminder) from the second reminder onwards. Teleboy remains responsible for all customer enquiries (including payment processing). All payments are final. There is no right of revocation and the member is in no case entitled to a pro rata repayment of subscription fees already paid. If payment is processed via iWay, the General Terms and Conditions of iWay apply in addition to these GTC. In this case, the invoice amount must be paid to iWay when due.
- Price changes
Teleboy may change the prices and the terms applicable to subscriptions at any time. The changes are applicable from the time they are published on the Platform. The following regulation in paragraph 2 of this clause 5.8 remains reserved. If Teleboy increases the monthly subscription fees for subscriptions with an indefinite period, Teleboy shall notify the relevant Members in advance. These Members shall then have the option of terminating their subscription at the end of the current Billing Period (clause 5.2 para. 2). The price increase will apply to the Billing Period following the notification also for these Members if the subscription is not terminated.
- Provision and remote maintenance of hardware
Teleboy is entitled to access the infrastructure used for the Services purchased for the purposes of configuration, maintenance or optimisation and/or expansion of the Service and view, change, update or delete the technical data or the software available there. In the context of remote maintenance, Teleboy shall be able to view the User's files directly related to the configuration of the device as well as the Services. Teleboy shall not be liable for any damages to the User's infrastructure that may arise after the remote maintenance to the extent they were not proven to be caused by the remote maintenance of Teleboy. If Teleboy hires out a device, it shall remain the property of Teleboy for the duration of the entire purchase period. The creation of rights of lien and retention in the device in favour of third parties is expressly ruled out. In the event of seizure, retention or attachment, the User is obligated to notify Teleboy immediately and to notify the debt enforcement office or bankruptcy authorities of the item belonging to Teleboy. If the purchased Service is terminated, the User is obligated to return the device to Teleboy, undamaged and within the period set by Teleboy. If the customer does not meet this obligation, Teleboy reserves the right to issue an invoice for the retained device.
- PERMITTED USE
- The User undertakes to only use the Services lawfully and in compliance with their duties arising from these Terms and Conditions.
- The Offer may only be used for private purposes or (for legal entities) for purposes relating to internal operations and only in Switzerland or in the Principality of Liechtenstein. The User acknowledges that the content provided via the Services is protected by copyright and may only be used for the intended use and in compliance with the limiting provisions of the Copyright Act. Any copying, recording, presenting or making available of the content over and above the private use permitted for the respective User in terms of copyright law is prohibited.
- The use of certain content downloadable via the Services of Teleboy (e.g. erotic offerings) may be subject to persons having a minimum age (e.g. 16 or 18). The User undertakes to ensure, by taking appropriate measures, that no persons below the relevant minimum age are able to use this content by using their User Account.
- The User is obligated to hold Teleboy, its executive bodies, employees and other assistants harmless of any third-party claims that may be asserted against Teleboy as a result of an unlawful use of the Services by the User or use of the Services by the User in violation of these Terms and Conditions. The damage compensation payable shall also include the costs of legal representation of Teleboy to defend the claims asserted.
- NO WARRANTY
- Teleboy commits itself to providing Services in accordance with the latest state of the art and in good quality. Interruptions shall be remedied as quickly as possible. For the quality of the playback at the User, the availability as well as the bandwidth of their Internet access as well as the technical characteristics of a receiving device are decisive. Teleboy therefore excludes any warranty whatsoever for the Platform, applications and the Services provided thereon to the extent legally permissible. In this regard, Teleboy gives no assurance or guarantee in respect of completeness, accuracy, reliability, uninterrupted availability, functionality, quality or particular results, lack of defects or similar.
- The installation of the applications and the use of the Services is solely at the responsibility and risk of the User. This also includes the User's responsibility for the provision and payment of all the required end devices on the User's side (including the system requirements in this regard) and the communication services (Internet connection or mobile connection with sufficient bandwidth).
- LIMITATIONS AND EXCLUSIONS OF LIABILITY
- Teleboy shall only be liable to the User for intent and gross negligence. Teleboy shall not accept any liability for indirect or consequential damages (e.g. arising from the loss of the data or disruptions to Services). Mandatory legal provisions remain reserved.
- Content that Members can download via the Platform by using the Offer is third-party content. In this regard, Teleboy does not exercise any editorial control and is also not obligated to do so. Teleboy is therefore not responsible for this content and excludes any liability for damages or injury that may arise for the User from the use of this content. This exclusion of liability also applies to content on websites or applications not operated by Teleboy but that refer from the Platform or that make reference to the Platform.
- APPLICABLE LAW AND COURT OF JURISDICTION
- Swiss law, to the exclusion of the conflict of laws provisions and the provisions of the United Nations Convention on Contracts for the International Sale of Goods, is exclusively applicable to these Terms and Conditions and any disputes arising from or in connection with the relationship between Teleboy and the User.
- The sole court of jurisdiction for all disputes arising between Teleboy and the User is the place of the registered offices of Teleboy. However, Teleboy is entitled to file action against the User at the place of its domicile.
- FINAL PROVISIONS
- Teleboy reserves the right to make changes to these Terms and Conditions at any time. Changes shall be made accessible on the Platform and shall enter into force when they are published.
- In the User may transfer to third parties the rights and obligations arising from these Terms and Conditions or the subscriptions concluded based thereon only with the written consent of Teleboy. Teleboy is explicitly permitted to transfer same to a legal successor or affiliated company.
Should one or more provisions of these Terms and Conditions be or become invalid or unenforceable, in whole or in part, this shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions. In this case, the parties shall replace the invalid or unenforceable provision with a valid and enforceable provision that is as close as possible to the commercial purpose of the provision to be replaced. The same shall apply mutatis mutandis should these Terms and Conditions contain a regulatory gap.
Zurich, July 2018