General Terms and Conditions

PREAMBLE


Zattoo refers to the specific services or Zattoo AG. Further information can be found in the legal notice. Zattoo is an online platform operated by


Zattoo AG
Baslerstrasse 60
CH-8048 Zürich


Tel.: +41 43 500 21 00
E-Mail: info@zattoo.com


Commercial Register No. CHE-109.852.725
Commercial Register Office of the Canton of Zürich


on which various services are offered, particularly for streaming TV channels. The services are accessible via various devices, e.g. web browser (e.g. via www.zattoo.com) and (mobile) applications (apps), in particular apps for mobile devices, smart TVs and set-top boxes or streaming boxes, or other applications (software such as the Zattoo player). The services can be ad-financed and free of charge or partially or completely fee-based, depending on criteria such as region, resolution and end device. Whether or not a service is fee based is explicitly stated if necessary. Until further notice, all services in Austria are only available for a fee. The scope of available services may vary from region to region; in particular, certain TV channels available in one country may not be available in other countries. By registering as a user with Zattoo, you accept the following General Terms and Conditions for the use of Zattoo. The General Terms and Conditions apply to Zattoo users who are resident in Austria.


1. REGISTRATION AND SCOPE OF USE


1.1 Zattoo's offer is aimed at persons aged 16 years and older; only these persons are allowed to register. The use of Zattoo as a whole and its individual services are subject to a fee.


1.2 After registration, the receipt of registration will be confirmed to the user electronically without undue delay, whereby the registration is accepted. The contractual agreement between the user and Zattoo only comes into being when the registration is accepted. Acceptance can also be implied, in particular by activating Zattoo's services.


1.3 The user affirms that all data transmitted as part of the registration process is true and complete.


1.4 Zattoo and the services available through it are provided to the user for personal and non-commercial use only. Transferring the user account to third parties is not permitted.


1.5 The scope of available services may vary from region to region; in particular, certain TV channels available in one country may not be available in other countries. In addition, the availability of services can depend on the end device or the respective internet access; for example, certain TV channels, possibly with regional differences, cannot be accessed via mobile communications. Details can be found in the description of the respective offer.


1.6 A service can definitely be used on all devices supported by Zattoo.


1.7 Further restrictions, especially technical restrictions, can be found in the description of the respective offer.


2. CONTRACT CONCLUSION AND COST OF SERVICES


2.1 The fee to be paid for the use of one of the services can be found in the description of the respective offer. The scope of services and any restrictions can also be found there.


2.2 The payment of the fee only entitles the user to access the services that are available in the country shown in the description of the offer, using the end devices provided for this purpose. Zattoo provides an overview of the available fee-based services, their scope, duration and fees, including value added tax.


2.3 When a user places an order, in particular via the button "Fee-based Order", no contract is concluded, instead, the user submits an offer. Before sending the order, the user can view and change the data at any time. After the order has been sent, its receipt is confirmed electronically to the user without delay, which means that the order is accepted. The contractual relationship between the user and Zattoo only comes into being when Zattoo accepts the order. Zattoo's acceptance can also be implied, in particular by activating the fee-based services.


2.4 Fees are due for the entire duration. The payment systems listed in the description of the offer are accepted, especially credit cards and PayPal. Payment collection is usually carried out by the service provider contracted for the payment process. If the contracted service provider includes its own general terms and conditions in individual cases, these apply exclusively to payment processing and between the user and service provider. If necessary, the user must have a user account with the service provider. If fees cannot be collected, the user bears all costs incurred if the user is responsible for the event that caused the costs. Zattoo may send invoices to the user by email.


2.5 If the user does not pay fees or if payments made are charged back, Zattoo is entitled to block access to individual or all Zattoo services.


2.6 The contract is concluded in the German language. Zattoo saves the contract text and sends the user the order data and General Terms and Conditions by email.


3. TIME-LIMITED TRIAL OFFERS


Zattoo can offer users fee-based services for a certain period of time free of charge (“trial offer”). It is at Zattoo's sole discretion to determine which user can participate in a trial offer. Zattoo can terminate the provision of a trial offer or change the scope of a trial offer at any time. Users from households with an existing or recently canceled membership are not eligible to take up a trial offer. To verify this, Zattoo may access information such as device ID, payment method or the email address that has been or will be used for Zattoo Membership. Zattoo may require the user to provide their payment details at the beginning of the trial offer. After the end of the trial offer, Zattoo can charge the user for the fees due for continued use of the respective service, for which a fee is payable. The user is informed of this within the description of the offer and must agree to it. The user is free to cancel the trial offer up to 48 hours before the end of the trial period. Otherwise, the trial offer will be converted into a fee-based service.


4. CANCELLATION POLICY


4.1 If you are a consumer within the meaning of Section 1 para. 1 of the German Termination Protection Act (KSchG), you have the following right of cancellation.


Cancellation right


You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day the contract is concluded. To exercise your right of cancellation, you must inform us (Zattoo AG, Baslerstrasse 60, CH-8048 Zurich, Switzerland, e-mail: legal@zattoo.com) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form for this, but it is not mandatory. In order to comply with the cancellation period, it is sufficient for you send your notification of exercising your right of cancellation before the end of the cancellation period.


Consequences of cancellation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a delivery method other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. We will use the same means of payment for this refund that you used for the original transaction, unless expressly agreed to the contrary with you; under no circumstances will you be charged for this refund.


4.2 However, your right of cancellation will expire if you start using Zattoo before the end of the 14-day cancellation period, if Zattoo has provided you with a confirmation of contract and has started to provide the service only after you have given your express consent for this and, at the same time, have confirmed your knowledge that you will lose your right of cancellation if the company has fully fulfilled the contract.


End of the cancellation policy


4.3 Sample cancellation form (If you wish to cancel the contract, please fill out and return this form)


Zattoo AG
Baslerstrasse 60
CH-8048 Zürich
Switzerland


E-Mail: legal@zattoo.com


-I/we hereby cancel the contract concluded by me/us for the purchase of the following goods ()/the provision of the - following service ()-ordered on ()/received on (*) -Name of the consumer(s)-Address of the consumer(s)-Signature of the consumer(s) (only in case of paper notification) -Date


5. OBLIGATIONS OF THE USER


5.1 The user is not permitted to make the access data sent or used for authentication and identification accessible to third parties or to pass them on to third parties.


5.2 Zattoo uses technical measures to restrict services by region (geo-filtering). The user agrees not to circumvent the technical measures used by Zattoo for this purpose. At the same time, the user agrees not to circumvent access control systems to fee-based content and/or to take other measures to use Zattoo or content on Zattoo without authorization.


5.3 The user agrees not to post or distribute on Zattoo any content that violates statutory provisions, official orders or public morals. No content is permitted to be posted or distributed that violates the rights of third parties. The same applies to pornographic or youth-endangering content, propaganda material of anti-constitutional organizations and parties.


5.4 The user is only permitted to use Zattoo for his or her own private purposes. In particular, the user must not allow third parties who do not live in the same household to access or use the services, e.g. an undefined group of people using the services in public areas such as cinemas, theaters, exhibitions, showrooms, hotels, bars, restaurants or other public spaces. The receipt or redistribution of the content and the use of the services in such spaces is illegal and violates the rights of third parties, especially copyrights.


5.5 The user is not entitled to remove or obscure copyright notices and/or notices on trademarks or other proprietary rights belonging to Zattoo, companies affiliated with Zattoo or third parties.


5.6 The use of Zattoo can be restricted to persons who meet certain requirements (e.g. age of majority). The user is responsible for ensuring that the services are only available to persons who meet the requirements. In particular, the user agrees to comply with the applicable provisions on the protection of minors from media content that is harmful to minors


6. SPECIAL SERVICES


6.1 Applications ("Apps")


6.1.1 If the user accesses the services via an app, in particular for mobile phone, tablet PC, smart TV, set-top box or streaming box, and has downloaded the app from the app store of a third party, i.e. usually from the manufacturer of the operating system of the end device (iTunes Store for iPhone and iPad, the Google Play Store for Android, or another app store), the terms and conditions of the app store also apply. In the event of contradictions, these Terms of Use take precedence over the terms and conditions of the app store.


6.1.2 The individual steps for acquiring paid services can be found in the descriptions within the app and/or in the third-party app store.


6.1.3 In the case of apps, the provider of the respective app store can influence the available chargeable services, or their duration or extension. Depending on the respective app store, chargeable services may expire at the end of the agreed term without notice or the respective contract term can be extended for a corresponding period or indefinitely. Details can be found in the description of the respective offer or in the terms and conditions of the app store. In some cases, the app stores also offer the option of canceling paid services, for example via a menu item in the app store.


6.1.4 We accept the payment systems shown in the offer, which are usually operated by appropriate service providers. In particular, these may also be payment systems offered by the operators of the respective app store. If the respective service provider incorporates its own general terms and conditions in individual cases, these will apply exclusively to payment processing. If necessary, the user must have a user account with the service provider.


6.1.5 The app is a copyright protected software program. The user receives a simple, non-exclusive, non-transferable and revocable right for personal use. The user is not entitled to decompile, change or edit the app beyond the extent provided by law. The user is also prohibited from leasing, renting or otherwise transferring the app and/or its contents.


6.1.6 When using the app and its contents, the user must take into account contractual agreements with third parties, in particular with the app store operator or his or her internet access provider.


6.1.7 When downloading and using the app, especially in third-party networks or abroad, the user may incur transmission costs from his or her internet access provider.


7. ADVERTISING


7.1 The user also agrees to the use of advertising material by Zattoo when using paid services, e.g. during streamed content or when switching to a television channel. Such advertising can be targeted on the basis of the information provided by the user and his or her use of the services, to the extent permitted by law.


7.2 If Zattoo sends you emails regarding similar products or services you have ordered from us, you can opt-out of receiving such emails at any time and each time you receive an email. Zattoo will not send any further communications to you after notification of a rejection.


8. DATA PROTECTION


Details on the protection and use by Zattoo of data provided by the user can be found in the Privacy Policy. The Privacy Policy forms an integral part of these General Terms and Conditions.


9. LIMITATION OF LIABILITY AND INDEMNIFICATION


9.1 Zattoo is only liable in accordance with the following provisions: Zattoo has unlimited liability for damages caused intentionally or by gross negligence by Zattoo or its legal representatives, executives or simple vicarious agents. Zattoo is not liable in cases of slightly negligent breach of insignificant contractual obligations. With regard to the breach of material contractual obligations (obligations which the contractual partner could rely on being complied with and the fulfillment of which is essential for the proper performance of the contract), Zattoo's liability for damages caused by slight negligence is limited to those damages which are typically to be expected under the respective contractual relationship. This also applies to slightly negligent breaches of duty by Zattoo's legal representatives, executives or simple vicarious agents. The above limitation of liability does not apply in the case of fraudulent intent, injury to life, body and health, for breach of guarantees and for claims arising from product liability.


9.2 The user agrees to indemnify and hold Zattoo, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, suppliers or vicarious agents free from any and all claims of third parties asserted against any or all of the aforementioned persons in connection with breaches by the user of his or her obligations under these General Terms and Conditions and/or the applicable laws. The user bears all reasonable costs incurred by Zattoo, including reasonable costs for legal defense. The aforementioned indemnification obligation of the user does not apply if the user is not responsible for the breaches.


10. CONTRACT PERIOD, CANCELLATION, REPAYMENTS


10.1 Zattoo provides fee-based services with different durations. Unless otherwise stated in the description of the respective offer, the usage contract for the respective fee-based service initially runs for the booked minimum usage period. Thereafter, the user contract is extended by the duration of the booked minimum usage period, if it is canceled by the user or by Zattoo within 48 hours prior to the end of the minimum usage period/extension period with effect from the end of the respective current period. Zattoo will notify the user at the beginning of the minimum usage period/extension period of the need to cancel the contract to avoid another extension. The user can use the services even after cancellation up to the end of the current period. The cancellation of the fee-based service can be made in the user account or, if the purchase was made through an app store, as described here, or by email to legal@zattoo.com, in case of cancellation by Zattoo to the email address provided by the user during registration. The right to cancel for good cause remains unaffected.


10.2 Good cause for the extraordinary cancellation of the user contract is deemed to exist in particular if the continuation of the contractual relationship up to the expiry of the ordinary period of notice is unreasonable, taking into account all circumstances of the individual case and the interests of the user. Good cause for Zattoo is, particularly, the following events: breach by the user of applicable law; breach by the user of material contractual obligations. A prior warning is not necessary.


10.3 In the event of an extraordinary cancellation of the user contract by Zattoo in accordance with clause 10.2. as well as in the event of an ordinary cancellation by the user, the repayment of any fees paid in advance is excluded, unless the user terminates the user contract for good cause within the sphere of Zattoo.


11. GENERAL PROVISIONS


11.1 Transferability: The user is not entitled to transfer or assign rights or obligations from these General Terms and Conditions to third parties. Zattoo is entitled to transfer the rights and obligations under this contract to a third party. Zattoo will inform the user in writing about the transfer; the user has an extraordinary right of cancellation. The cancellation must be received by Zattoo in writing within 14 days after the user's receipt of the notice of transfer.


11.2 Amendments and supplements: Zattoo reserves the right to amend these General Terms and Conditions, provided that the amendments are reasonable for the user. Non-substantial amendments are deemed reasonable, in particular those which serve to adapt these General Terms and Conditions to new technical developments, new legal regulations, new legal decisions, or if the amendment is needed to reflect organizational changes, in particular to the ordering or payment process. We also reserve the right to make further minor amendments for the same reasons. Zattoo will notify the user of the proposed amendment in writing or by email. The amendments are deemed to be approved if the user does not object to them in writing. Zattoo will specifically point out this consequence in the notification letter. The user's objection must be received within 6 weeks after receipt of the notification. If the user exercises his right of objection, the contract will be continued without the proposed amendments to the General Terms and Conditions. This will not affect Zattoo's right to terminate the contract. Significant changes to these General Terms and Conditions require the user's consent.


12. VALIDITY


This version of the General Terms and Conditions applies from October 1, 2020. This version replaces all previous versions of Zattoo's General Terms and Conditions.


Version October 2020
© 2020, Zattoo