This Agreement sets out the terms and conditions for a user intending to subscribe, avail or access the Cloudio TV Services from Cloud Fernsehen, SA. The services provided by Cloud Fernsehen, SA Pursuant to this Agreement are services which would be made available to a user upon payment of a charge for such services. The User is required to accept the terms and conditions of this Agreement to avail such access and services.
2. The Services
Every User is required to register with Cloudio TV. The User will be required to provide certain information at the time of registration and will be assigned an account (Account) with a username and a password. Registration permits the User to subscribe to the Services and to purchase limited rights to the Content. The User agrees to provide accurate, complete and valid information at the time of registration and/or subscription and undertakes to keep such information current and updated. The User also undertakes to keep details of the Account and the password secret and safe from unauthorized and inappropriate use. The User acknowledges that Cloud Fernsehen, SA shall not be liable to the User or any third party for loss or misuse of the information relating to the Account or the password. Cloud Fernsehen, SA has the right to terminate the Service to any User if any information provided by such user is false, inaccurate or misleading. The User acknowledges that Cloud Fernsehen, SA Will retain and maintain the registration information (including information relating to the credit card of the User) to maintain the Users accounts and for billing purposes and the User expressly consents to the retention and use of such information by Cloud Fernsehen, SA.
4. The Account
The User is solely responsible for maintaining the confidentiality and security of the Account and is advised against revealing any Account information to any other person. The User is also singularly responsible for all activities that occur on or the Account and the User shall immediately notify Cloud Fernsehen, SA of any unauthorized use of the Account or any other breach of security. The User may change or retrieve a forgotten password at any time by following the instructions on the login page. Cloud Fernsehen, SA shall not be responsible for any losses arising from the unauthorized use of the Account. The User is responsible in all respects for any material purchased and received by the User and Cloud Fernsehen, SA shall not be liable in the event of any loss, destruction, or damage of any such material purchased by the User.
- 5.1 By subscribing to our service you agree to enter into a recurring payment subscription service as clearly stated in clause 5.5 Recurring Payment Terms.
- 5.2 Subscriptions paid with our secured payment processing system operate under Card Industries Subscription and Recurring Payments service and will automatically renew each period. Subscribers will receive a reminder via email before the renewal payment is taken (sent to your registered email address). You may cancel recurring payments at any time via your account or over the phone.
- 5.3 Cloud Fernsehen, SA will not refund any unutilized price for any part of the Services. However, termination of the subscription shall not relieve the User of any obligations (including, but not limited to the payment for the Services) as set forth in this Agreement.
Cancellations of quarterly, half-yearly and yearly packages will not be permitted as they are available to consumers at discounted prices. In exceptional cases of non-recurring subscription cancellation, any refund (if given) will be calculated on the basis of monthly subscription prices of the respective package.
Cloud Fernsehen, SA management decision would be the final decision in any such non-recurring subscription termination.
- 5.4 Quarterly Cloudio TV Box Packages
The Customer hereby understand and acknowledges that the Company for the reason to promote its Services and to attract more Customers is providing the Cloudio TV Box, which is an essential component to avail the Services, in a tie up Scheme at the discounted price and if the Customer ceases to avail the Services or discontinue the Services of the Company, the interest of the Company shall be severely impacted and will result in accumulation of significant losses to the Company therefore the Customer expressly agrees to avail the Services of the Company for a minimum period of six (6)months ('Lock-in Period') whereby the (customer) shall not be entitled to switch/cancellation of the Services, subject to Service Return policy of the Company to replace the Cloudio TV Box, within 15 days of its supply due to detection of any manufacturing default. Further, in the event the Customer decides to discontinue the Services of the Company at any time before the expiration of Lock In period, the Company shall be entitled to deduct an amount equivalent to GBP69.99, from the existing Credit Card used at the time of initial subscription or initialization of Services, OR the customer shall be liable/responsible to return of Cloudio TV Box in proper packing and working condition. In the event of failure of the Customer to return the Cloudio TV Box in Proper packing and working condition the Company shall be further entitled to recover the cost of the Cloudio TV Box from the Customer.
- 5.5 Recurring Payment Terms
- 5.5.1 Frequency of Payments An automatic recurring payment in the range provided to you on our website, via email, or as described to you by the representative will be made 1 week before the Subscription Expiry date for renewal of your subscription on a recurring basis. You will also receive a Pre-payment confirmation email informing about the Renewal details and payment amounts.
- 5.5.2 Automatic Recurring Payment Failure If your automatic recurring payment is declined, you will be contacted by phone or email. We may permanently restrict your ability to use a certain payment method if that payment method fails multiple times. REMEMBER: If your Automatic Recurring Payment fails, you will need to replenish your account with another payment method. If payment is not made and you do not make a payment by the end of your billing cycle, your service may be suspended or cancelled.
- 5.5.3 Cancellation of Automatic Recurring Payment You have the right to withdraw your consent to this Automatic Recurring Payment at any time. To cancel your Automatic Recurring Payment, email firstname.lastname@example.org or call Customer Care on 02083356789. Your request to cancel your Automatic Recurring Payment may take up to 24 hours to take effect. Cancellation must be done before the end of the 30 days period to avoid the monthly recurring payment.
When you request termination of your subscription, your subscription fees are not refunded. Instead, the current subscription will run its course to the end of the current billing cycle, at which point your subscription will then become inactive and your license deactivated. Cancellation of service is not official until you receive an email confirmation. If a request is not answered within 3 business days, you will need to call us on 02083356789 and confirm cancellation.
- 5.5.4 Changing Automatic Recurring Payment If you would like to change your Automatic Recurring Payment including, for example, making a change from one credit or debit card that was initially selected to another credit or debit card or bank account, you must authorize the recurring payment with the new credit or debit card or bank account by calling Customer Care. Your previously approved Automatic Recurring Payment will be terminated within 24 hours.
The User shall provide Cloud Fernsehen, SA with a valid credit card for the payment of all monies due and payable for the use of the Services and the User hereby expressly authorizes Cloud Fernsehen, SA to bill, charge and collect against the said credit card for purchases and other transactions in respect of the Services.
The User agrees to pay for all Services and subscriptions purchased through the Services as and when they become due and payable. Cloud Fernsehen, SA may bill /charge the Users credit card for any fees or purchases or other charges and for any additional amounts (including any taxes and late fees, as applicable) as may have accrued to or incurred by or in connection with the Account and the use of the Services.
The Users use of the Services includes the ability to enter into agreements and/or to make purchases electronically. The User expressly acknowledges and undertakes that any and all electronic submissions by the User shall be binding on the User and shall constitute the Users intent to be bound by the terms of this Agreement and to comply with the payment requirements including payments for the purchase of any of the Services or charges in respect thereof and be liable to pay monies which may become due and payable in accordance with the terms of this Agreement. The User shall also be bound by electronic submissions in respect of all records relating to all transactions including notices of cancellation/ termination, policies, contracts, and applications.
The User may request for information related to purchase transactions at any time by contacting email@example.com. However, Cloud Fernsehen, SA shall not send physical copies of any statements to any user.
Cloud Fernsehen, SA will make all reasonable efforts to ensure that the Content reaches the User. The User acknowledges that at times this may be affected by things beyond the control of Cloud Fernsehen, SA due to force majeure including interruptions due to storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature and agrees that Cloud Fernsehen, SA shall not be liable for any delay or disruption caused by such interruptions.
On occasion, technical problems may delay or prevent delivery of the product or services requisitioned by the User. Cloud Fernsehen, SA shall, at its exclusive option and discretion, either replace the product or service which was not delivered or refund within a reasonable period the purchase price paid for such product or service. The User acknowledges that while using the Services, the User may encounter content that may be deemed offensive, indecent, or objectionable. The User agrees to use the Services at the sole risk and discretion of the User and that Cloud Fernsehen, SA shall not be liable to the User for any content that may be found to be offensive, indecent, or objectionable.
The User acknowledges that some aspects of the Services entail the ongoing involvement of Cloud Fernsehen, SA and that interruptions or discontinuation may occur when Cloud Fernsehen, SA is implementing any changes to the Services and that the User may not be able to use the Services to the same extent as prior to such change or discontinuation and that Cloud Fernsehen, SA shall have no liability to the User in such case.
Cloud Fernsehen, SA reserves the right to change, suspend, remove, or disable access to any Services, content, or other materials comprising any part of the Services at any time without notice. In no event will Cloud Fernsehen, SA be liable for the removal of or disabling of access to any such Services, content or materials under this Agreement. Cloud Fernsehen, SA may also impose limits on the use of or access to certain features or portions of the Services, in any case and without notice or liability.
The User acknowledges that the Services and the products purchased through the Services include a security framework which uses technology that protects digital information and limits the usage of the products and the Services to certain usage rules established by Cloud Fernsehen, SA and its licensors. The User shall be authorized to use the products and the Services only for personal and non-commercial use. The User shall not to attempt to, or assist another person to, circumvent reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Cloud Fernsehen, SA for compliance purposes and Cloud Fernsehen, SA reserves the right to enforce the Usage Rules with or without notice to the user.
Cloud Fernsehen, SA may offer users certain promotional offers from time to time. Entitlement to promotional offers shall be subject to the eligibility criteria set out in such offers. Cloud Fernsehen, SA reserves the right to change or terminate the promotional offers any time at its own discretion. A user who takes up a promotional benefit by virtue of his registration for a purchase plan and who subsequently terminates such purchase plan before the expiry of the plan shall be charged for the promotional benefit received by the User.
10. System Requirements
Use of the Services to access movies, music videos/audios or television programs requires a compatible device, Internet access, certain software and may require obtaining updates or upgrades from time to time. The ability of the User to use the Services may be affected by the performance of these factors. High speed Internet access/Broadband of at least 2 Mbps is required for availing the use of the Services.
- 11.1 Cloudio TV respects our subscribers' rights to privacy online and will not share, sell or otherwise distribute your information to any third party without your prior consent. In order to process client requests with minimum delay, Cloudio TV may request personal information from you. Any information you provide to Cloudio TV, including your name, address, telephone number and e-mail address will only be used internally by Cloudio TV to process your membership, support requests and provide you with the best customer support.
- 11.2 We do not sell, trade, or rent your information, both personally identifiable and aggregate data, to any parties outside of Cloudio TV. Your name and other personal information are only used to correspond with you.
- 11.3 Cloudio TV collects user's email addresses and reserves the right to send commercial emails to all registered users. Users may opt-out of receiving future mailings by adjusting his/her profile settings on the Site.
- 11.4 Financial information collected is used only to check the users' qualifications for registration and to bill the user for products and services.
- 11.5 We use the IP address of Consumers to help diagnose problems with our server and to administer our Site. We use the IP address of Consumers to help identify their shopping cart.
- 11.7 You may choose whether or not to provide personal information to Cloudio TV. The notice we intend to provide on the Site where Cloudio TV collects personal information should help you to make this choice. If you choose not to provide the personal information we request, you can still visit some of Cloudio TV Site, but you may be unable to access certain options, offers and services that involve our interaction with you.
12. Security Policy
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Security of information in transit to and from our web site is encrypted using SSL encryption protocols. We store all user information in secure databases protected via a variety of access controls as well as using encryption of sensitive information. This data is accessed only for the purposes specified in this privacy statement. Our secure server software is industry standard for secure e-commerce transactions. It encrypts all of your personal information including name, address, and credit card number, effectively locking off access as the information travels over the Internet. All customer credit cards are encrypted in our database.
13. Third Party materials and websites
The User acknowledges that certain content, products and services available via the Services may include materials from third parties. In addition, Cloud Fernsehen, SA may provide links to certain third party websites. The User acknowledges and agrees that Cloud Fernsehen, SA shall not be responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Cloud Fernsehen, SA does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
Cloud Fernsehen, SA reserves the right to take all necessary and appropriate steps to enforce and/or verify compliance with any part of this Agreement (including but not limited to Cloud Fernsehen, SAs right to cooperate with any legal process relating to the Users use of the Services and/or products, and/or a third party claim that the Users use of the Services and/or Products is unlawful and/or infringes such third party’s rights). The User agrees that Cloud Fernsehen, SA has the right, without liability, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as Cloud Fernsehen, SA believes to be reasonably necessary or appropriate.
A user who is a minor under the age of 18 is required to review the terms of this Agreement a parent/guardian to ensure that the user and the parent/guardian understands these terms and conditions. Purchase of the Services by the User would require an authorized credit card holder (parent/guardian) to take responsibility and liability for payment of the Services used.
16. Proprietary Rights
The User acknowledges and agrees that the Services, including but not limited to graphics, audio and film clips and editorial content, contains proprietary information and material that is owned by Cloud Fernsehen, SA and/or its licensors and is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark and other proprietary rights. The User shall not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with the terms of this Agreement. No portion of the Services may be reproduced in any form or by any means.
The User agrees not to, in any manner, modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, and shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, trespass or burdening the network capacity.
All copyright in and to the Services, including but not limited to Services and products (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), audio visual clips, films, graphics, images, animations, illustrations, editorial content and software are owned by Cloud Fernsehen, SA and/or its licensors. Any duplication or use of these in other electronic or printed publications is not permitted. The use of the software or any part of the Services, except for use of the Services as permitted in this Agreement is strictly prohibited and shall infringe on the intellectual property rights of Cloud Fernsehen, SA and/or its licensors. Infringement of these copyrights may subject the User to civil and criminal penalties, including monetary damages.
Cloudio TV, the Cloudio TV logo and other Cloudio TV trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of Cloud Fernsehen, SA. The User is not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Cloud Fernsehen, SA does not guarantee, represent, or warrant that the use of the Services will be uninterrupted or error-free and the User agrees that from time to time, Cloud Fernsehen, SA may remove or suspend the Services for indefinite periods of time, or cancel or terminate the Services at any time, with or without notice to the User.
The User expressly agrees that the use of, or inability to use, the Services is at sole risk of the User. The Services and all products and services delivered to the User through the Services are provided on an as is and as available for the Users use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Cloud Fernsehen, SA , its directors, officers, employees, affiliates, agents, contractors, or licensors shall not be, at any time and for any reason whatsoever, liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from the Users use of any of the Services or for any other claim related in any way to the use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. In countries or jurisdictions, which do not allow the exclusion or the limitation of liability for consequential or incidental damages, Cloud Fernsehen, SAs liability shall be limited to the extent permitted by law.
Cloud Fernsehen, SA shall use reasonable efforts to protect information submitted by the user in connection with the Services. The User, however, acknowledges and agrees that the submission of such information is at the sole risk of the user and Cloud Fernsehen, SA hereby disclaims any and all liability to the User for any loss or liability relating to such information in any way.
Cloud Fernsehen, SA does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and Cloud Fernsehen, SA disclaims any liability relating thereto and the User shall be solely responsible for backing up the Users system.
19. Waiver & Indemnity
By using the Services, the User agrees to indemnify and hold Cloud Fernsehen, SA, its directors, officers, employees, affiliates, agents, contractors and licensors, harmless with respect to any claims arising out of the Users breach of this agreement, use of the Services, or any action taken by Cloud Fernsehen, SA as part of its investigation of a suspected violation of this agreement or as a result of its finding that a violation of this agreement has occurred. The User shall not sue or recover any damages from Cloud Fernsehen, SA, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Services, or to take any other action during the investigation of a suspected violation or as a result of Cloud Fernsehen, SA conclusion that a violation of this agreement has occurred. This waiver and indemnity provision shall apply to all violations described in or contemplated by this agreement.
This Agreement or the Users subscription may be terminated by Cloud Fernsehen, SA if the User fails or Cloud Fernsehen, SA suspects that the User has failed to comply with the any of the provisions, including but not limited to failure to make payment of fees due, failure to provide Cloud Fernsehen, SA with a valid credit card or with accurate and complete registration data, failure to safeguard Account information, or violation of the usage rules or any license to the software, of this Agreement. Alternatively, Cloud Fernsehen, SA may, at its discretion terminate the license to the software; and/or preclude access to the Services (or any part thereof). Cloud Fernsehen, SA may or may not give the User a notice of such termination. The User you will remain liable for all amounts due under the Account up to and including the date of termination.
Cloud Fernsehen, SA reserves the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time with or without notice to the User and Cloud Fernsehen, SA shall not be liable to the User or to any third party upon exercise of such right.
Cloud Fernsehen, SA reserves the unilateral right to, at any time, update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on the use of the Services. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions will be effective immediately and shall be deemed to be incorporated into this Agreement by reference. The User is advised to periodically review this Agreement to remain updated on the terms and conditions of this Agreement. The Users continued use of the Services following such incorporation will be deemed to constitute the Users acceptance of any and all such modifications.
Cloud Fernsehen, SA may notify the User with respect to the Service by sending an email message to the email address or by sending a letter via postal mail to the contact address listed in the Account contact information.
Notices to Cloud Fernsehen, SA must be sent to firstname.lastname@example.org and all notices must clearly bear the name, account name, address, telephone number and e-mail of the User.
23. Governing Law
This Agreement is governed by the laws of Luxembourg and is subject to the exclusive jurisdiction of the courts at Luxembourg. The Users use of the Services may also be subject to other local, state, national, or international laws. The User expressly agrees that exclusive jurisdiction for any claim or dispute with Cloud Fernsehen, SA or relating in any way to the use of the Services shall be of the courts of Luxembourg.