General Terms and Conditions of Business
Edition June 2015 / Download
Zattoo defines the services provided to Zattoo Europa AG. Additional information is available in the imprint.
Zattoo is an online platform operated by
Zattoo Europa AG
Tel.: +41 43 500 21 00
Commercial Trade Register -Nr. CHE-109.852.725
Commercial Trade Registry of the Canton Zurich
offering diverse services, in particular, with regard to streaming TV channels. The services are available on several end devices, e.g. web browser (e.g. www.zattoo.com) and (mobile) Apps, in particular Apps for mobile end devices, Smart-TVs and Set-Top-Boxes or Streaming-Boxes, or other applications (software, such as the Zattoo-Player).
The services may be financed by advertisement and are free of charge, or are subject to full or partial charges, depending on criteria, such as region, resolution and end device. Services subject to charges are explicitly defined. The scope of the services available may differ by region; more specifically, certain TV channels available in one country may not be available in other countries.
By registering as a Zattoo user, you accept the following General Terms and Conditions (T&C) for the use of Zattoo. These General Terms and Conditions (T&C) shall apply for Zattoo users residing in Germany.
1. REGISTRATION AND SCOPE OF USE
1.1 The Zattoo offer addresses persons of legal age; only these persons are entitled to register for services. The use of Zattoo may be subject to fees for certain services or in its entirety.
1.2 Upon completion of the registration process and the receipt of the registration, the user will immediately receive an electronically generated confirmation, where upon registration is accepted. The contractual agreement between the user and Zattoo shall be valid upon acceptance of the registration. More specifically, acceptance may also be indicated conclusively, by activating the Zattoo services.
1.3 The user confirms that all data provided within the scope of registration are true and complete.
1.4 The user may utilize Zattoo and its available services for personal use only and must refrain from commercial use. Transferring a user account to third parties is prohibited.
1.5 The scope of available services may differ by region; more specifically, certain TV channels available in one country may not be available in other countries. In addition, the availability of services may also depend on the end device and/or the available internet access, for instance, certain TV channels, potentially differentiating by region, may not be accessible through mobile communication. Details are available within the scope of the respective offer.
1.6 A service may generally be used on all end devices supported by Zattoo. Restrictions, particularly technical restrictions, are outlined in the respective offer.
2. SERVICES SUBJECT TO CHARGE
2.1 Zattoo reserves the right to change its business model at any time and for example, provide certain or all services in exchange for compensation only. If applicable, Zattoo will publish the respective fees. The user may then decide whether to retain the chargeable service or cancel at his discretion.
2.2 The fee payable for utilizing a chargeable service is defined in the respective offer. The scope of services and potential restrictions are outlined there as well.
2.3 By paying the service fee the user is only entitled to utilize services available on designated end devices in the countries defined in the offer. Zattoo shall provide an overview of available chargeable services, the scope of service, service term and fees including VAT.
2.4 Placing an order, especially by clicking on the button “order subject to fee“, does not constitute a contract: the user only places an order. Prior to sending the order, the user may change and/or review his data at any time. When the order is submitted, the user shall receive an electronic order confirmation immediately, where upon the order has been accepted. The contractual agreement between the user and Zattoo shall be valid only if the order has been accepted. More specifically, acceptance may also be indicated conclusively, by activating the Zattoo services.
2.5 The fee is due for the entire term. The payment methods outlined within the scope of the offer, such as credit cards and PayPal, shall be accepted. The payment is generally processed by the service provider contracted for processing the payment. If the contractual service provider integrates his own General Terms and Conditions, these shall apply explicitly to the payment process. The user must have a user account with the service provider. If fees cannot be debited, the user shall be responsible for the costs incurred, if he has caused the incident resulting in additional expenses. Zattoo may send an invoice to the user via e-mail.
2.6 Simultaneous use of chargeable services on multiple end devices is prohibited, unless explicitly authorized within the framework of the offer.
2.7 If the user does not remit the fee or the remittance is denied, Zattoo is entitled to block access to certain, or all, Zattoo services.
2.8 The contractual agreement is executed in German. Zattoo will save the contract and send a copy of the order data and the General Terms and Conditions to the user via e-mail. A link to access the General Terms and conditions is available here.
3. LIMITED TIME TRIAL OFFERS
Zattoo may offer chargeable services free of charge for a limited period of time (“trial offer“). The selection of users entitled to participate in a trial offer is at the discretion of Zattoo. Zattoo may revoke the provision of a trial offer for justifiable reasons or change the scope of service at any time.
Zattoo can request the user’s payment information at the beginning of the trial offer. Zattoo may then charge the user for the future use of the chargeable services after the trial offer expires. The user shall be advised within the context of the offer and must agree. The user is entitled to cancel the trial offer subscription prior to expiration of the trial period. Otherwise the trial offer shall be converted to a chargeable service.
4. REVOCATION INSTRUCTIONS
a. If you are a consumer pursuant to § 13 BGB (German Civil Code) the following revocation instructions shall apply.
You are entitled to cancel this contract within 14 days without stating a reason.
The cancellation period is 14 day from the day of contract execution.
To exercise your revocation right, you must notify us at (Zattoo Europe AG, Eggbühlstrasse 28, CH-8050 Zurich, Switzerland, E-Mail: firstname.lastname@example.org) of your decision to cancel the contract with an unobscured statement (e.g. , letter sent via postal service, fax or e-mail). You may use the enclosed sample cancellation form, but using this form is not mandatory.
To comply with the cancellation term, it is sufficient to send us your message indicating your intent to exercise the cancellation right prior to expiration of the cancellation term
Consequences of Cancellation
If you are cancelling this contract, we are obligated to reimburse all payment rendered by you, including shipping costs (with the exception of additional costs resulting from your choice of a different shipping mode than the cost-effective standard shipping offered by us), immediately and no later than within 14 days from the date your cancellation was received by us. We will use the same payment method for reimbursement that you have used for your initial transaction, unless we have explicitly reached a different agreement with you; at no time are you subject to fee deductions due to this reimbursement.
The right to cancel a contract for providing services shall be invalid if the company has rendered the services in full and has provided the services after the consumer has stated his explicit consent and has acknowledged and consented to forfeiture of his cancellation right after services have been fully rendered by the company.
End of Cancellation Instructions
b. Sample Cancellation Form
(If you would like to cancel your contract, please fill out this form and return it).
Zattoo Europa AG (Europe)
– I/we herewith cancel (*) the contract entered by me/us regarding the purchase of the following goods (*)/ the following
– Services (*)
– Ordered on (*)/received on (*)
– Name of customer(s)
– Address of customer(s)
– Signature of customer (s) (only for hard copy correspondence)
5. USER’S OBLIGATIONS
5.1 The user is not entitled to disclose the access data provided for authentication and identification to third parties.
5.2 Zattoo uses technical measures for regional restriction (geo-filtering). The user agrees not to circumvent the technical measures used. The user also agrees to refrain from circumventing access control systems for chargeable contents and/or using other measures for unauthorized use of Zattoo, or contents posted on Zattoo.
5.3 The user agrees to refrain from posting or distributing contents on Zattoo that violate the law, official orders or morals. Posting or distributing contents violating third party rights are prohibited. This also applies to pornographic contents, contents harmful to minors and propaganda materials of anti-constitutional organizations or parties.
5.4 The user may utilize Zattoo for his own personal purpose only. The user may not grant user access or of the services to third parties, e.g. an undefined group of people by utilizing the services in the public sector, such as cinemas, theaters, exhibitions show-rooms, hotels, bars restaurants or other public establishments. Receiving or forwarding contents as well as services in the aforementioned environments are illegal and in violation of third party rights, in particular, copyrights.
5.5. The user is not entitled to delete/remove or obscure copyright notices or references to brand names/trademarks or other protective rights of Zattoo, affiliated or third party companies associated with Zattoo.
5.6 The use of Zattoo may be reserved for persons meeting certain requirements (e.g. legal age). The user is responsible for ensuring that the services provided are only available to persons meeting the above requirements. The user specifically agrees to compliance with the regulations for the protection of minors from harmful media contents.
6. SPECIALIZED SERVICES
6.1 Applications (“Apps“)
6.1.1 If the user accesses the services via an app, especially from cellular telephones, tablets, smart TVs, set-top-boxes and/or streaming boxes and has downloaded the app from the app-store of a third party, more specifically a regular producer of the end devices’ operating system (iTunes for iPhone and iPad, Google Play Store for Android or any other app store), the General Terms and Conditions of the app store shall also apply. In the event of contradictions these user conditions shall supersede the General Terms and Conditions of the app store.
6.1.2 The individual purchase steps for chargeable services are available in the description of the app and/or the third party app store.
6.1.3 The provider of apps from the respective app store may influence the available chargeable services, and/or its terms or extension. Depending on the respective app store, the chargeable services may expire at the end of the agreed upon term without requiring a cancellation, or the contract term may extend for a certain period of time or indefinitely. Details are available in the app’s respective offer, and/or the app store’s General Terms and Conditions. To some extent app-stores may offer options to cancel chargeable services through an app-store menu option.
6.1.4 The payment methods operated by certain service providers outlined within the framework of the proposal are accepted. This may also include payment methods offered by the respective app-store operators. If the service provider includes his own General Terms and Conditions on individual basis, these provisions shall apply explicitly for payment processing. The user may have to open a user account with the service provider.
6.1.5 An app is a copyright-protected software program. The user shall be granted a simple, non-exclusive, non-transferrable and revocable right to personal use. The user is not entitled to decompile, modify or edit the app beyond the statutory limitations. The user is further prohibited from assigning, renting or transferring the app or its contents in any manner.
6.1.6 The user must take into consideration contractual third party agreements, particularly with the app store and/or its internet provider when using the app.
6.1.7 When downloading or using the app, especially on third party networks or a foreign country, the user may be subject to transfer costs charged by his internet provider.
Zattoo is entitled to use advertising materials, e.g. when activating the services or a TV channel. The user can skip this type of advertisement to the extent legally permissible based on the information provided by the user or his use of services.
8. PRIVACY ACT
Details regarding the protection and use of data provided to Zattoo by the user are available in the Privacy Act Declaration.
9. LIABILITY LIMITATIONS AND EXEMPRTIONS
9.1 Zattoo is only liable based on the following conditions: Zattoo is liable without limitation for damages for which Zattoo, its legal representative, management or sub-contractors are responsible due to intentional or grossly negligent actions. Zattoo shall not be liable in cases of minor insignificant contractual violations. With regard to violation of contractual obligations (compliance with obligations the contractual partner had the right to expect, and compliance is imperative for proper contract implementation), Zattoo’s liability for minor negligent damages is limited to those damage occurrences to be anticipated within the scope of the respective contractual agreement. This also applies to minor negligent violation of obligations by Zattoo’s legal representative, management or sub-contractors. The above liability limitation does not apply to malicious acts, injury to life, body and health, warranty violations and entitlement from product liability.
9.2 The user agrees to indemnify Zattoo, its primary company, subsidiaries, affiliated companies, management staff, directors, employees, agents, vendors or sub-contractors from all third party claims, filed against one or all above-mentioned individuals resulting from the user violating his obligations from these General Terms and Conditions and/or the applicable laws. The user shall be responsible for all appropriate costs incurred by Zattoo. The user is entitled to proof that Zattoo has actually incurred lesser costs. The aforementioned indemnity obligation does not apply, if the user is not responsible for the violations.
10. CONTRACT TERM, TERMINATION, REIMBURSEMENTS
10.1 Zattoo is providing diverse services with variable terms. Unless otherwise indicated in the offer, the contract for the respective chargeable services is valid for the subscribed minimum term. Thereafter the contract shall be extended by the subscribed minimum term if it has not been terminated more than 24 hours prior to expiration of the minimum term/extension term with effect to the end of the respective term by the user or Zattoo. The user is entitled to use the service after termination up to the end of the term. The chargeable services can be cancelled in the user-account or, if purchased from an app store, as outlined here, or via e-mail to email@example.com. If Zattoo is terminating the service agreement; via the email address provided by the user during registration. The right to termination for an important reason shall remain unaffected.
10.2 If the contract only applies to free services, the contract may be cancelled by the user or Zattoo with a fourteen day notice via e-mail to firstname.lastname@example.org or via the email address provided by the user during registration.
10.3 An important reason for extraordinary termination of the contract is present if continuation of the contractual agreement up to the expiration date of a proper termination is not feasible under consideration of all case-related circumstances and interests of the user. Important reasons for Zattoo specifically include the following events:
The user’s violation of the law;
The user’s violation of essential contractual obligations.
10.4. In the event Zattoo terminates a contract according to 10.3, as well as termination by the user, reimbursement of pre-payment of fees is excluded, unless the user terminates for an important reason based on the Zattoo scope.
11. SERVICE MODIFICATIONS
Zattoo reserves its right to modify the contents and structure of Zattoo as well as the services provided at any time. This also includes the introduction of mandatory fees for all or certain services, as well a partial or entire discontinuation.
12. GENERAL CONDITIONS
The user may not transfer or assign rights or obligations derived from these General Terms and conditions to third parties. Zattoo is entitled to transfer or assign rights or obligations derived from these General Terms and conditions to a third party. Zattoo shall notify the user of the transfer in writing; the user is entitled to exercise his extraordinary termination right. The termination notice must be received by Zattoo in writing within 14 days after receipt of the transfer notice.
12.2 Amendments and Addendums
Zattoo reserves the right to amend these General Terms and Conditions without stating a reason at any time, provided the amendment is deemed feasible for the user. Insignificant amendments as such are the adaption of the General Terms and Conditions to new technical developments, new statutory regulations, new case laws or if the amendment is required to reflect organizational changes, especially changes in the order or payment process. Other insignificant amendments for equal or similar reasons shall be reserved as well. The recommendation for amendment will be forwarded to the user in writing or via e-mail. The amendments are considered as accepted, if the user does not object in writing. Zattoo shall advise of this consequence in the notification letter.
The user’s objection must be received within 6 weeks upon receipt of the notification. If the user exercises his right to object, the contract shall convene without the suggested amendments. Zattoo’s right to terminate the contract shall remain unaffected.
Essential changes to these General Terms and Conditions require the user’s consent.
13. APPLICABLE LAW
These General Terms and Condition and the contractual agreement are subject to Swiss Law.
Edition May 2012 / Download
“Zattoo” denotes the services in question or Zattoo Switzerland Ltd.. You can find further information on the website.
Zattoo is an online platform operated by Zattoo Switzerland Ltd., Seestrasse 30a, CH-8806 Bäch on which various services, in particular streaming of TV programs, are offered. The services are accessible via various domains (e.g. www.zattoo.com) as well as software (Zattoo-Player) and applications. The services may be free of charge or subject to charge depending on criteria such as region and device. When charges are applicable, it is explicitly displayed.. There may be regional variations in the scope of services; in particular certain TV channels that are available in one country may not be available in other countries.
By registering with Zattoo as a user you accept the following General Terms and Conditions of Business(GTC) for the use of Zattoo. The services offered are aimed exclusively at persons of fullage; only persons of full age are permitted to register. The GTC apply to Zattoo users residing in Switzerland.
1.1 The use of Zattoo is generally only possible by registered users. Use may be dependent on payment of a fee.
1.2 After registration, receipt will be immediately confirmed to the user electronically, whereby the registration is accepted. The contractual relationship does not come into existence until the registration has been accepted. Acceptance may also be implied, in particular by activation of the services on Zattoo.
1.3 The user gives the assurance that all data transmitted within the scope of registration are true and complete.
1.4 The user may only use Zattoo for his own purposes within the scope of his personal user account. Permitting the use of the user account by third parties is prohibited.
2. PAID SERVICES
2.1 Zattoo reserves the right to change its business model at any time. For example, to only provide certain or all services for a fee. If applicable, Zattoo will publish the respective price list on Zattoo. The user is free to decide to continue using the services then subject to charge or to cancel the contract.
2.2 The payment of the fee only entitles the user to access the services defined for that particular country. Zattoo displays a list of the paid content on offer, its duration of validity and associated rates including VAT on its website.
2.3 A contract does not come into existence when the user places an order; rather the user is simply making an offer. After ordering, receipt will be immediately confirmed to the user electronically, whereby the order is accepted. The contractual relationship between auser and Zattoo does not come into existence until the registration has been accepted. Acceptance may also be implied, in particular by activation of the paid services.
2.4 Fees are due for the duration of the term. The payment systems listed on the order page, in particular credit cards and PayPal, are accepted methods of payment. The collection of payment is, as a rule, done by the relevant service provider commissioned with the payment processing. Insofar as the service provider commissioned integrates its own general terms and conditions of business, these apply alongside the GTC of Zattoo. If fees cannot be collected the user will bear all costs arising from that to the extent that he is responsible for the event perpetuating the costs. Zattoo may send the user invoices by email.
2.5 Zattoo will store the contract and send the user the order data and GTC by email. The user will also find a link to the GTC on www.zattoo.com. The user can find past orders in his user account.
3. OBLIGATIONS OF THE USER
3.1 The user is not permitted to make the access data transmitted to him or her for authentication and identification available to third parties.
3.2 Zattoo uses technical measures to restrict usage of the services to certain geographic areas (geo-filtering). The user undertakes not to circumvent the technical measures used for this.
3.3 The user undertakes not to post on Zattoo any content that contravenes legal regulations, official directives or public decency. No content must be posted or disseminated that infringes the rights of third parties. The same applies to content that is pornographic or harmful to young people or propaganda material for anti-constitutional organizations and parties.
3.4 The user must only use the services for his own personal purposes. The user must, in particular, not enable access to or use of the services by third parties, e.g. to an unspecified group of people by using the services in public areas such as e.g. cinemas, theatres, exhibitions, showrooms, hotels, bars, restaurants or other public areas. The reception or redistribution of the content as well as the use of the services in such areas is illegal and infringes on the rights of third parties, in particular intellectual property rights.
3.5 Zattoo may reserve the use of the services for persons who fulfill certain requirements (e.g. persons of full age). The user is responsible for ensuring that the services are only available to people who meet the requirements. In particular, the user undertakes to observe the applicable regulations on the protection of minors from media content harmful to young people.
4. SPECIAL SERVICES
4.1 “Apps” for mobile phones
If you receive the services via an application, in particular for a mobile phone or a tablet PC and have downloaded the application from the shop of a third party, its general terms and conditions of business apply.
Upon receipt of a subscription to the Zattoo Subscription Plan, the User is entitled, within the scope of these General Terms and Conditions, to save content to the User’s private folder on the Zattoo servers for later private usage (hereinafter “Private Copy”).
Usage of the Private Copy under the Zattoo Subscription Plan entitles the User to play the Private Copy for personal use and for the duration of the subscription. The User may not save the Private Copy, or parts thereof, on his or her computer, except to the extent that this is part of the features offered by Zattoo. The User may not give access to the Private Copy, or parts thereof, to other users or persons on their computers.
Zattoo reserves the right, on whatever legal grounds, to amend, adjust or delete the User’s Private Copy at any time, and may furthermore make changes to the content or services accessible under the Zattoo Subscription Plan.
Zattoo may use advertising material, for example, when launching the service or switching between TV channels. Such advertising may be targeted insofar as that is allowed by law based on the information provided by the user as well as based on his use of the services.
6. DATA PROTECTION
You can find details on the protection and use of your data by Zattoo in the Data Protection Notice. There is a link to the GTC and the Data Protection Notice on www.zattoo.com.
7. LIMITATION OF LIABILITY AND INDEMNITY
7.1 Zattoo is liable only in accordance with the following provisions: Zattoo has unlimited liability for damage caused by Zattoo or by its legal representatives, executive staff or simple agents intentionally or with gross negligence.. Zattoo is not liable in cases of slight negligent infringement of minor contractual obligations. With respect to the infringement of essential contractual obligations (obligations upon the observance of which the contracting partners should be able to rely and the fulfilment of which makes the implementation of the contract possible), the liability of Zattoo for damages caused by slight negligence is limited to those damages that must typically be expected to arise within the scope of the relevant contractual relationship. This also applies in the event of slightly negligent breaches of duty by the legal representatives, executives or simple vicarious agents of Zattoo. The aforementioned limitations of liability do not apply in the event of fraudulent intent, in the event of injury to life, limb and health, for infringement of guarantees as well as for claims arising from product liability.
7.2 The user undertakes to indemnify Zattoo, its parent company, subsidiaries, associated companies, executives, directors, employees, agents, suppliers or vicarious agents against all claims by third parties that may be asserted against one or all the aforementioned persons in connection with violations by the user of his obligations arising from these GTC and/or the laws applicable to him. The user will assume all reasonable costs which arise for Zattoo, including the reasonable costs arising for the legal defense. The user is free to demonstrate that Zattoo has in fact incurred lower costs. The aforementioned indemnity obligation of the user does not exist insofar as the user is not responsible for the violations.
8. TERM OF CONTRACT, TERMINATION, REPAYMENTS
8.1 If the user has subscribed to paid services, the contract of use for the paid services initially runs for the booked minimum period of use. After that the contract of use is extended by respective extension periods of the same duration if they are not terminated by the user or by Zattoo more than 24 hours before the expiry of the minimum period of use. Termination of the paid services may be done in the user account or by email to email@example.com. In the case of termination by Zattoo, by email to the address provided by the user during registration. The right of termination for good cause remains unaffected.
8.2 Insofar as the object of the contract of use is only for free services, the contract of use may be terminated both by the user and also by Zattoo with a notice period of fourteen days by email to the email address firstname.lastname@example.org or the email address provided by the user during registration.
8.3 A good cause reason for the extraordinary termination of the contract of use is present, in particular if the continuation of the contractual relationship until the expiry of the ordinary notice period is unreasonable, taking into account all the circumstances of the individual case and the interests of the user. Good cause reasons for Zattoo are, in particular, the following events:
- Violation by the user of applicable law;
- Violation by the user of essential contractual obligations.
8.4. In the event of termination of the contract of use on the part of Zattoo in accordance with “8.3” as well as termination by the user, the repayment of any fees paid in advance is excluded unless the user terminates for good cause arising from Zattoo’s sphere of influence.
9. CHANGES TO THE SERVICES
Zattoo reserves the right to change the content and the structure of Zattoo as well as individual services at any time. This also includes introduction of a payment requirement for all or certain services or their partial or complete suspension.
10. GENERAL PROVISIONS
The user is not entitled to transfer or assign rights or obligations from these GTC to third parties. Zattoo is entitled to transfer rights and obligations arising from this contract to a third party. Zattoo will inform the user in writing about the transfer; the user will have the right to extraordinary termination. The termination must be received by Zattoo in writing within 14 days after receipt of the notice of transfer by the user.
10.2 Amendments and additions
Zattoo reserves the right to amend these TC at any time and without giving any reasons insofar as the amendments are reasonable for the user. Minor amendments, in particular ones that serve the adaptation of these GTC to new technical developments, new legal regulations or serve new case law or insofar as the amendment is necessary to reflect organisational changes, in particular in the ordering or payment process are considered reasonable. The right to make further minor changes for comparable reasons also remains reserved for Zattoo.
The user will be informed of the proposal for amendment by Zattoo in writing or by email. The amendments are considered to be approved if the user does not object to them in writing. Zattoo will draw particular attention to this consequence in the notification letter.
The user’s objection must be received within 6 weeks of receipt of the notification. If the user exercises his right to object, the contract will continue without the proposed amendments to the GTC. Zattoo’s right to terminate the contract remains unaffected by this. Significant amendments to these GTC require the consent of the user.
11. APPLICABLE LAW
These GTC and the contractual relationship are subject to Swiss law.
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