1. SUBJECT MATTER OF THE TERMS AND CONDITIONS
1. TV PLUS operates the Services described on www.tv-plus.tv as well as various applications or apps (hereinafter collectively referred to as “Platform”). TV PLUS provides various offers via the Platform, e.g. TV, Video On Demand, etc. (hereinafter referred to as “Offer”) and renders supplementary services in this connection (hereinafter jointly referred to as the “Services”).
2. 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”).
2. CONSENT TO THE TERMS AND CONDITIONS
2. The User may be requested to repeat their consent when accessing individual Services on the Platform by clicking on a relevant confirmation button.
1. Registration as a member is required for using the Services.
2. 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. TV PLUS may check the information and the User’s identity but is not obligated to do so.
3. TV PLUS 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.
4. 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 must 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.
5. Membership is free of charge. Services that are charged for are designated as such. TV PLUS may grant Members access to Services that are chargeable during a certain period in accordance with the information on the platform. Once the this period has expired, use of these Services shall be chargeable. TV PLUS grants each Member a maximum of one free period, even in case of a possible re-registration.
4. SERVICES PROVIDED BY TV PLUS
1. The current service offering is described on the Platform. TV PLUS’s terms are accessible via the Platform and apply to all Services. TV PLUS may change the service offering or the scope of the Services offered at any time or discontinue the provision of individual Services without being obliged to compensate the User.
2. TV PLUS is entitled to have its service obligations carried out by third parties. In this case, TV PLUS shall only be liable for due care in the selection and instruction of the third party.
3. 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 (e.g. IP blocking etc.) taken to ensure exclusive use in Switzerland and the Principality of Liechtenstein.
4. Shipments of the ordered hardware generally take place via the packet post to the address of the Member. In the case of shipment delays the Member will be informed accordingly.
5. SUBSCRIPTIONS AND SERVICES
The use of a paid offer requires registration as a Member and subscribing to the Services. The subscription is chargeable unless a free period (see clause 3.5) has been agreed, or TV PLUS provides an offer of certain Services 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 subscriptions are offered with an indefinite term and automatic recurring payment of a subscription fee. For subscriptions with an indefinite period, TV PLUS may give the Member a free 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 will receive an order confirmation by email.
3. Ordering a subscription
The order confirmation does not mean any acceptance of the order by TV PLUS. The contract for a subscription between TV PLUS and the Member becomes only effective once TV PLUS activates the Member’s access authorization, unless agreed to otherwise.
4. Start and duration of the subscription
TV PLUS or the Member may terminate subscriptions with an indefinite period at any time by the end of a monthly invoice period, however, the subscription may be terminated earliest 3 months after the first start of the subscription have elapsed. TV PLUS 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 does not release the Member from its payment obligation under the current subscription.
5. 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, TV PLUS 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).
6. Subscription fee
The first Subscription fee for one month of TV PLUS Services, together with the price for the first TV Box, is due and payable in advance as a one-off payment at the time of opening the Subscription. The subsequent monthly Subscription fees are due and payable in advance for the relevant billing period (hereinafter referred to as the “Billing Period”). Partial months will be charged pro rata temporis as a rule. The HollyStar content is charged on a pay-per-use basis for the preceding Billing Period. The fees for the TV PLUS Service and the HollyStar content are charged automatically by the Platform once per the Billing Period.
7. Prices and payment terms
TV PLUS’s current applicable prices are accessible via the Platform. Prices for the HollyStar content are published within the HollyStar user interface at the time when the User orders an item. The prices published on the platform or those notified by TV PLUS are quoted in Swiss francs and include the value added tax. Payment shall be made via the payment method accepted by TV PLUS and stored in the User Account or selected during the order process. TV PLUS accepts only payment methods that allow deduction of recurring payments (e.g. credit card, PayPal, etc.). The Member is obligated to ensure that the information regarding such payment methods (e.g. the stored credit card details) are up-to-date in its User Account. For security reasons TV PLUS does not store the credit card data on its Platform, such data is only stored with certified partners such as PayPal, Postfinance, etc. If TV PLUS is unable to collect the recurring Subscription fees from the Member’s selected payment method, TV PLUS is entitled to discontinue Services or to terminate the Subscription with immediate effect (see clause 5.4 para. 3). All payments are final. There is no right of revocation and the Member has no claim whatsoever to a pro rated refund of any subscription fees already paid.
8. Price changes
TV PLUS 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 TV PLUS increases the monthly subscription fees for subscriptions with an indefinite period, TV PLUS 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.
9. Provision and remote maintenance of hardware
TV PLUS is entitled to access the infrastructure used for the Services, for the purposes of configuration, maintenance or optimization and/or expansion of the Service and view, change, update or delete the technical data or the software installed there. In the context of remote maintenance, TV PLUS shall be able to view the User’s files directly related to the configuration of the device as well as the Services. TV PLUS 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 TV PLUS. If TV PLUS lends out a device, it shall remain the property of TV PLUS for the duration of the entire subscription period. If the purchased Service is terminated, the User is entitled to keep the purchased device(s). There is no buy-back of devices by TV PLUS.
10. Refund policy
TV PLUS grants its Members a right to a refund. If you return the purchased items within 10 days after purchase in their original condition and in the undamaged original packaging, TV PLUS will refund the purchase price. Shipping cost will be borne by the Member.
6. PERMITTED USE
1. The User undertakes to only use the Services lawfully and in compliance with their duties arising from these Terms and Conditions.
2. The Offer may only be used for private purposes or (in case of 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, public viewing or making available of the content over and above the private use permitted for the respective User in terms of copyright law is prohibited. Subletting, renting or any other form of paid sales of the Services between the User and 3rd parties is prohibited.
3. The use of certain content downloadable via the Services of TV PLUS (e.g. adult programs) may be limited to persons having a certain minimum age (e.g. 16 or 18 years). The User undertakes appropriate measures to ensure that no persons below the applicable minimum age are able to use this content by using its User Account.
4. The User is obligated to hold TV PLUS, its board and executive bodies, employees and other assistants harmless of any third-party claims that may be asserted against TV PLUS 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 TV PLUS in order to defend against the claims asserted.
5. The User or any third party asked by the User are strictly prohibited from disassembly, reverse engineering, decompilation, recompilation or re-sale of the TV PLUS hardware and software.
7. NO WARRANTY
1. TV PLUS 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’s premises, the availability as well as the bandwidth of its Internet access as well as the technical characteristics of the receiving device are decisive. TV PLUS therefore excludes any warranty whatsoever for the Platform, applications and the Services provided thereon to the extent legally permissible. In this regard, TV PLUS gives no assurance or guarantee in respect of completeness, accuracy, reliability, uninterrupted availability, functionality, quality or particular results, lack of defects or similar.
2. The installation of the applications and the use of the Services are 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).
3. Warranty for hardware: The TV PLUS TV Box is guaranteed in its hardware functionality for 2 years from the date of purchase. Should hardware defects of the TV Box occur, the User has the right to contact TV PLUS and request a repair or replacement of the TV Box. TV PLUS shall solely decide in its own discretion on whether a repair or replacement shall be made. When the User cancels the Services within the above hardware warranty period, the TV Box will remain functional in a limited capacity and the User has no right to demand the reinstatement of the Services on the grounds of the hardware warranty. The User shall cover any transport costs related to the hardware warranty.
8. LIMITATIONS AND EXCLUSIONS OF LIABILITY
1. TV PLUS shall only be liable to the User for intent and gross negligence. TV PLUS 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.
2. Content that Members can download via the Platform by using the Offer is third-party content. In this regard, TV PLUS does not exercise any editorial control and is also not obligated to do so. TV PLUS is therefore not responsible for this content and excludes any liability for damages or injury that may arise to the User from the use of this content. This exclusion of liability also applies to content on websites or applications not operated by TV PLUS but that are referenced from the Platform or that make reference to the Platform.
3. Trademarks of 3rd party services (e.g. Youtube, Netflix, HollyStar, etc.) which may be accessible via the TV Box remain unaffected by their inclusion on the TV Box. Users may be required to open and maintain memberships with such providers in order to use these 3rd party services. TV PLUS assumes no responsibilities for the relationship of the User with any 3rd party service providers or their service performance whatsoever.
9. APPLICABLE LAW AND COURT OF JURISDICTION
1. hese Terms and Conditions and any disputes arising from or in connection with the relationship between TV PLUS and the User are exclusively subject to Swiss law. , The conflict of laws provisions and the provisions of the United Nations Convention on Contracts for the International Sale of Goods are explicitly excluded.
2. The sole court of jurisdiction for all disputes arising between TV PLUS and the User is the place of the registered offices of TV PLUS. However, TV PLUS is entitled to file action against the User at the place of its domicile.
10. FINAL PROVISIONS
1. TV PLUS 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.
2. 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 TV PLUS. TV PLUS is explicitly permitted to transfer its rights and obligations from these Terms and Conditions to a legal successor or affiliated company.
3. 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, TV PLUS 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, November 2018