General Terms and Conditions of Business
The following General Terms and Conditions apply to contracts that have been concluded after and including 20 August 2024. The General Terms and Conditions for contracts concluded before 20 August 2024 can be found here. The exact changes can be found here.
PREAMBLE
Zattoo refers to the 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 Zurich
Tel.: +41 43 500 21 00
Email: info@zattoo.com
Commercial register no. CHE-113.854.561
Commercial Register Office of the Canton of Zurich
on which various Services are provided, in particular for streaming TV channels. The Services are available via various devices, e.g., web browsers (e.g. via www.zattoo.com) and (mobile) applications (apps), and in particular apps for mobile devices, smart TVs and set-top boxes/streaming boxes or other applications (software such as the Zattoo player). The Services are available as ad-financed and free of charge Services or for full or partial payment, depending on factors such as your region, resolution and end device. The charges incurred from a Service are explicitly stated, where applicable. The scope of available Services may vary regionally; that is, certain TV channels that are 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 (GTC) for the use of Zattoo. These GTC apply to Zattoo users residing in Switzerland.
For the sake of readability, male and female designations are not used separately in these GTC. All references to persons apply equally to all genders.
1. REGISTRATION AND SCOPE OF USE
1.1 Zattoo's offer is aimed at people aged 16 and above; people below the age of 16 are not permitted to register. The use of Zattoo as a whole or the use of individual Services may be subject to a fee.
1.2 To register with Zattoo, the user must provide their email address, gender and date of birth, and define a password. By clicking the "Register" button, the user finally submits a binding offer to conclude a contract to register with Zattoo; no contract has yet been concluded. Alternatively, the user can also register by logging into their Facebook, Google or Amazon account and entering their gender and their date of birth. Logging into a Facebook, Google or Amazon account does not mean that the user has entered into a contract with Zattoo, but rather, means that the user had made an offer to enter into a contract to register with Zattoo. The user guarantees that all data that they submit during the registration process is true and complete.
1.3 After registration, the user will immediately receive electronic confirmation of acceptance of the registration. The contractual relationship between Zattoo and the user is created only upon acceptance of the registration.
1.4 The user guarantees that all data that they submit during the registration process is true and complete.
1.5 The contract is concluded in German. Zattoo sends the user the order data and these GTC by email. In the event of disputes over the interpretation of the different language versions of this contract, the German version shall prevail.
1.6 Zattoo and the Services available through it are made available to the user for personal and non-commercial use only. It is not permitted to transfer a user account to third parties.
1.7 By registering with Zattoo, the user is provided with the Services under the "Zattoo Free" offer free of charge. The use of more extensive Services may be subject to a fee. The scope of available Services may vary regionally; that is, some TV channels available in one country may not be available in other countries. In addition, the availability of Services may depend on the end device or the respective Internet access, for example, certain TV channels, which may vary regionally, cannot be accessed via mobile communications. Details can be found in the relevant offer description.
1.8 A Service can generally be used on all end devices supported by Zattoo. Restrictions, in particular technical restrictions, can be found in the relevant offer description.
2. PAID SERVICES
2.1 Zattoo reserves the right to change its business model at any time and, for example, to provide certain Services or all Services only subject to a fee. The user is free to decide on their further use of such Services which are then subject to a fee, or to terminate their use.
2.2 The fee payable for the use of a paid Service can be found in the relevant offer description. The scope of Services and any restrictions can also be found there.
2.3 Payment of a fee entitles the user solely to access the Services that are available in the country indicated in the offer description by means of the devices provided for this purpose. Zattoo provides an overview of the available paid Services, the scope of Services, terms and fees including VAT.
2.4 To be able to order a paid offer from Zattoo, users must be registered with Zattoo (see Sections 1.2 and 1.3) and logged in to their account. Users must select the desired offer and press the "Next" button. Users should then select the desired payment method. Users then click on the "Order now" button to finally submit a binding offer to conclude a contract for the paid Service; no contract has yet been concluded.
2.5 Zattoo will immediately confirm receipt of the order electronically. With this confirmation of receipt, Zattoo accepts the user's offer. Zattoo only creates a contractual relationship with the user upon acceptance of the order. Acceptance can also be implied in particular by activation of the paid Services.
2.6 Fees must be paid for the entire contractual term. The payment methods listed in the offer description are all acceptable, in particular credit card and PayPal. Payment is usually collected by the Service provider commissioned for the payment process. Insofar as the commissioned Service provider includes their own general terms and conditions in individual cases, these shall apply exclusively to payment processing. If required, users must have a user account with the Service provider. If payment cannot be charged, the user shall bear all costs incurred as a result, insofar as they are responsible for the event that incurs the costs. Zattoo may send users invoices by email.
2.7 The provider of the packages for international TV channels is Polytel International GmbH, Esplanade 41, 22041 Hamburg, as a cooperation partner of Zattoo. Zattoo only allows users to access these Services as a platform provider.
2.8 Simultaneous use of paid Services on multiple devices is not permitted unless such use is expressly permitted within the scope of the respective offer description.
2.9 If a user fails to pay any fees or if any payments made are subject to a back charge, Zattoo is entitled to block access to any or all of Zattoo's Services.
3. TIME-LIMITED TRIAL OFFERS
Zattoo may offer paid Services to users free of charge for a period of time (“Trial Offer”). It is at Zattoo's sole discretion to determine which users may participate in a Trial Offer. Zattoo may terminate the provision of a Trial Offer at any time or change the scope of Services of the Trial Offer. Zattoo may require users to provide their payment information at the beginning of the Trial Offer. Zattoo may charge users after the end of a Trial Offer with the fees incurred for the subsequent chargeable continued use of the relevant Service. Users are informed of this in the offer description and must agree to it. Users are free to cancel a Trial Offer up to 48 hours before the end of the trial period. Otherwise, the Trial Offer is converted into a paid Service.
4. USER OBLIGATIONS
4.1 Users are not permitted to make the access data sent or used for authentication and identification accessible to third parties or to pass it on to third parties.
4.2 Zattoo uses technical measures to restrict Services on a regional basis (geo-filtering). The user undertakes not to circumvent the technical measures used by Zattoo for this purpose. At the same time, the user undertakes not to circumvent access control systems to paid content and/or take other measures to use Zattoo or content on Zattoo without authorisation.
4.3 The user undertakes not to post or distribute any content on Zattoo that violates legal regulations, official orders or which is immoral. No content may be posted or distributed that violates the rights of third parties. The same applies to content that is pornographic or harmful to minors, or propaganda material of anti-constitutional organisations or parties.
4.4 The user may use Zattoo solely for their own private purposes. In particular, the user may not allow third parties to access or use the Services, e.g. permit access to an indefinite group of people by using the Services in public areas, such as cinemas, theatres, exhibitions, showrooms, hotels, bars, restaurants or other public spaces. The receipt or redistribution of content, as well as use of the Services in such spaces, is illegal and violates the rights of third parties, and is particularly in violation of copyright law.
4.5 The user is not entitled to remove or obscure any trademarks or other proprietary rights of Zattoo, companies affiliated with Zattoo or third parties.
4.6 The intellectual property rights to all content distributed by Zattoo are and remain the exclusive property of the content's broadcasting companies and/or Zattoo. These GTC do not in any way intend or cause the cession of intellectual property rights and/or rights of use of this content to the user.
4.7 The use of Zattoo may be reserved for persons who meet certain requirements (e.g. minimum age). It is the responsibility of the user to ensure that the Services are only available to persons who meet the requirements. In particular, the user undertakes to comply with the applicable provisions on the protection of minors from media content which is harmful to them.
5. SPECIAL SERVICES
5.1 Applications ("Apps")
5.1.1 If the user accesses the Services via an app, in particular on a mobile telephone, tablet, smart TV, set-top box or streaming box, and has downloaded the App from the app store of a third party, i.e. from the manufacturer of the operating system of the device (the iTunes Store for iPhone and iPad, the Google Play Store for Android devices or another app store), the terms and conditions of the relevant app store shall additionally apply. In the event of any contradictions, these GTC take precedence over the terms and conditions of the app store.
5.1.2 The individual steps for purchasing paid Services can be found in the descriptions within the App and/or in the third-party app store.
5.1.3 In the case of apps, the provider of the relevant app store can influence the available paid Services, or their term or extension. Depending on the relevant app store, paid Services may expire at the end of the agreed term without requiring termination, or the relevant contractual term may be extended by a corresponding period or indefinitely. Details can be found in the relevant offer description or the terms and conditions of the app store. In some cases, app stores also offer options for terminating paid Services, for example, via a menu item within the app store.
5.1.4 The payment systems shown when creating the quotes are accepted, which are usually operated by corresponding Service providers. In particular, these can also include payment systems offered by the operators of the relevant app store. Insofar as the relevant Service provider includes their own general terms and conditions in individual cases, these shall apply exclusively to payment processing. If applicable, the user must have a user account with the Service provider.
5.1.5 The App is a copyrighted software programme. The user receives a simple, non-exclusive, non-transferable and revocable right to personal use of this app. The user is not authorised to decompile, change or edit the App beyond the extent required by law. Furthermore, the user is prohibited from leasing, renting or otherwise transferring the App and/or its content.
5.1.6 When using the App and its contents, the user must take into account contractual agreements with third parties, in particular with the operator of the app store or their Internet access provider.
5.1.7 When downloading and using the App, especially on third-party networks or abroad, the user may incur transmission costs from their Internet access provider.
5.2 Recording of content
The user is entitled to store a certain number of TV programmes on the Zattoo server for their later private use as part of these GTC ("Private Copy"). Storage of a Private Copy allows the user to play and view this Private Copy for their own use for the duration of the contractual term.
When using the free Service, every Private Copy stored is available to the user for a certain period of time after the original broadcast and is automatically deleted by Zattoo after the end of the availability period. When using the Zattoo PREMIUM or ULTIMATE Service, the user has uninterrupted access to their Private Copies for the entire term of their Zattoo PREMIUM or ULTIMATE contractual relationship. After reaching the maximum permitted number of Private Copies, Zattoo will prevent the storage of further Private Copies and/or delete older Private Copies automatically; the user may also delete Private Copies themselves to prevent automatic deletion. When using the Zattoo PREMIUM or ULTIMATE Service, the user can also access recorded broadcasts of all or a part of the available broadcasters (recall function). These broadcasts are available to users of Zattoo PREMIUM or ULTIMATE for a certain period of time (e.g. 7 days) from their first broadcast. Insofar as this Service is not offered by Zattoo itself, users are prohibited from storing Private Copies (or parts thereof) locally on their user device or any other device. Users are not permitted to forward or make Private Copies (or parts thereof) available to other users or persons for use on their devices. Zattoo reserves the right to make adjustments, changes or deletions to a user's Private Copy and/or to adapt the available content or Services at any time, on the basis of legal justifications.
6. ADVERTISING
Zattoo may use advertising media, e.g. when the Service starts or when switching to a TV channel. Such advertising can be targeted based on the information provided by the user and their use of the Services, to the extent permitted by law.
7. DATA PROTECTION
Details on the protection and use of the data provided by the user by Zattoo can be found in the privacy policy. The privacy policy constitutes an integral part of these GTC.
8. LIMITATION OF LIABILITY AND INDEMNIFICATION
8.1 Zattoo shall be liable solely in accordance with the following provisions: Zattoo shall be liable without limitation for damages caused by Zattoo or by its legal representatives, executives or ordinary vicarious agents intentionally or by gross negligence. Zattoo is not liable in cases of slightly negligent breach of only minor contractual obligations. The above limitation of liability does not apply in the event of fraudulent intent, injury to life, body or health, breach of warranty or claims arising from product liability.
8.2 The user undertakes to indemnify Zattoo, its parent company, subsidiaries, affiliates, executives, directors, employees, agents, suppliers or vicarious agents against all third-party claims asserted against any or all of the aforementioned persons in connection with breaches of obligation by the user under these GTC and/or the laws applicable to them. The user undertakes to pay all reasonable costs incurred by the aforementioned persons, including reasonable costs incurred for legal defence. The user is entitled to provide evidence that Zattoo actually incurred lower costs. The above indemnification obligation of the user does not apply if the user is not responsible for the violations.
9. CONTRACTUAL TERM, TERMINATION AND REIMBURSEMENTS
9.1 Zattoo provides paid Services with different terms. Unless otherwise stated in the relevant offer description, the user agreement for the relevant paid Service shall initially run for the minimum usage period booked. Thereafter, the user agreement is automatically extended by extension periods of the same duration if it is not terminated by the user or by Zattoo more than 48 hours prior to the end of the minimum usage period/renewal period with effect as of the end of the relevant period. The user may also continue to use the Services after termination of the contract until the end of the relevant period. The paid Service can be terminated in the user's account or, if the Service purchase was purchased through an app store, it can be terminated as described here, or by email to legal@zattoo.com, and in case of termination by Zattoo to the email address provided during registration. The right to terminate for good cause remains unaffected.
9.2 If the subject of the user agreement includes free Services only, the user agreement can be terminated by both the user and Zattoo with a period of notice of fourteen days by email to the email address legal@zattoo.com or the email address provided by the user during registration.
9.3 Good cause for the extraordinary termination of the user agreement exists if the continuation of the contractual relationship until the expiry of the ordinary notice period is unreasonable, taking into account all circumstances of the individual case and the interests of the user. Good cause for Zattoo includes, in particular, the following events: violation of applicable law by the user; violation of essential contractual obligations by the user. A prior warning is not necessary.
9.4 In the event of termination of the user agreement by Zattoo pursuant to 9.3. as well as termination by the user, the reimbursement of any prepaid fees is excluded, unless the user gives extraordinary notice of termination for good cause for which Zattoo is responsible.
10. MODIFICATION OF SERVICES
Zattoo reserves the right to modify the content and structure of Zattoo as well as of individual Services at any time. This also includes the introduction of an obligation to pay a fee for use of all or specific Services or their partial or complete discontinuation.
11. GENERAL PROVISIONS
11.1 Transferability
The user is not authorised to transfer or assign any rights or obligations arising from these GTC to third parties. Zattoo is entitled to transfer any rights and/or obligations resulting from this contract to third parties.
11.2 Prohibition of offsetting
Users are not entitled to offset their own claims against claims from Zattoo.
11.3 Amendments
Zattoo reserves the right to amend these GTC at any time, without stating any reasons. Zattoo will notify users of proposed amendments in writing or by email. Amendments will be deemed to have been approved if the user raises no objection to them in writing within 5 working days. If the user objects to the amendment, the user and Zattoo are entitled to the extraordinary right of termination. The corresponding termination shall take effect on the date on which the amendments take effect. If the contract is not terminated and the user purchases Services from Zattoo after the date on which the amendments take effect, they thereby accept the then applicable (amended) GTC.
12. APPLICABLE LAW
These GTC and the contractual relationship between Zattoo and the user are exclusively subject to Swiss law.
13. EFFECTIVENESS
This version of the GTC shall apply as of 20 August 2024. This version replaces all previous versions of the GTC of Zattoo.
Version August 2024.
© 2024, Zattoo