Online Sales Contract

TERMS OF USE

 

1. About us

 

• Welcome to the world of Digiturk. We are a subscription service that provides subscribers with access to a wide variety of sporting events and national channels from around the world that can be watched on a variety of devices such as satellite or internet-connected televisions, computers and other platforms.

 

2. Important usage rules

 

2.1. We offer an online video service that provides broadcast (live and replay) of sporting events, summaries of sporting events and other similar content (collectively as "Content") whose design and availability of national channels may change over time. Content is often subject to certain restrictions (for example, certain domain restrictions). You can access DigiturkPlay service in every country where it is available.

2.2. Please read the terms of use before subscribing to Digiturk service. For clarification: Any offers, promotions or discounts you receive may be subject to additional terms and conditions that replace or supplement these terms and conditions. In the event of any conflict between these terms and conditions and any additional terms and conditions, the latter will prevail.

2.3. We have the right to change these conditions, for example, due to a change in the law or to provide better functionality of the Digiturk service. Changes to our payment terms will be communicated to you immediately. If you do not object within fourteen (14) days from the date of notification, the changes are deemed to have been accepted.

2.4. Digiturk service and all related content are for personal and non-commercial purposes only. By subscribing to the Digiturk service, we grant you a limited, non-transferable right of use to access the Digiturk service and view the content via video streaming. Except for the limited right of use set out above, no rights or titles are transferred to you. You are not authorized to use Digiturk service for public reproduction.

2.5. A prerequisite for your subscription is the authorization of all payments due by your payment service provider, or the validity of a subscription or coupon code you use, if any. Your subscription is always subject to these terms. To clarify: Payments are only accepted from a payment service provider located in the country where you want to sign up for Digiturk service.

2.6. You agree that we may transfer information about the content you view through the Digiturk service to third parties. Such information is transmitted anonymously.

 

3. Free trial subscription (if you are eligible)

3.1. If you are lucky enough to get a free trial subscription of Digiturk service, the duration of the trial subscription will be explained in more detail during the registration process for the trial subscription. We have the right to make offers and discounts regarding Digiturk service at any time; such offers or discounts may not apply to your personal account.

3.2. Unless you cancel your subscription before the end of the 14-day free trial period with the payment method you have chosen, the subscription fee specified when you register for the Digiturk service will be charged at the end of the free trial period. (If you are a beneficiary, you can find out the subscription fee and when your free trial subscription will expire from customer service, you may need to cancel your subscription in accordance with clause 5.2.

 

4. Financial Terms

 

4.1. You are fully responsible for all costs and devices required to use the Digiturk service.

 

4.2. Your subscription only includes access to Digiturk service. Telephone connections and other communication or access costs may be billed separately through your Internet provider or responsible service provider. All prices include applicable Tax.

 

4.3. Payment must be made by any commonly used, valid and accepted form of payment, including credit card, debit card, PayPal, or supported third-party payment providers ("Payment Methods"). You certify that each payment instrument you use is your own or that you have the card or account holder's permission to use it. All accounts and payment instruments are subject to validation and approval by the payment instrument provider. If your payment is declined, you will not be able to access the Digiturk service unless you provide a valid payment method checked by us.

 

Providers of certain payment instruments may charge fees, for example, for international transfers or other fees associated with the processing of payment instruments. Local taxes may vary depending on the payment method used. Please contact your payment provider for more information.

 

4.4. We reserve the right to refuse to accept payments at our reasonable discretion.

 

4.5. The fee charged for the use of the Digiturk service is monthly or annually (as specified when you sign up for the Digiturk service) using the payment method you choose, on the calendar day that coincides with the start of your paid subscription, or according to the terms and conditions of your bill payment method provider. In some cases, the billing period may vary, for example if your subscription started on a day other than a specific month. As long as your payment is processed by us, this is done on a secure site.

 

4.6. Subject to notification obligations pursuant to Section 2.3, we may change our service schedule from time to time, provided the changes are reasonable to you.

 

4.7. We reserve the right to adjust the price of Digiturk service according to changing market conditions, in case of significant changes in procurement or procurement costs or changes in sales tax or similar taxes. In addition, we reserve the right to adjust the price accordingly in case of significant changes in the inflation index; a significant change is an increase of 0.5 points or more from the same period of the previous year.

 

5. Membership cancellation, your membership period and Auto-renewal

 

5.1. As stated when you sign up for Digiturk service, your subscription has a monthly or annual term. The term is automatically extended for the length of the first term, unless you cancel the subscription pursuant to this section 5.1. We will email you at least 30 days before the upcoming renewal. For annual subscriptions, please inform the last entered e-mail address about your extension and cancellation options, which will be valid due to the absence of termination. You can cancel your subscription to the Digiturk service at any time before the subscription period expires, but you will continue to access the Digiturk service for the remainder of the subscription period. In the event of cancellation, you are not entitled to a refund of previously paid subscription fees.

 

5.2. If you used your account with a third-party provider as a means of payment when registering for the Digiturk service and you want to cancel your subscription to the Digiturk service, you may need to do this through the third-party provider, for example by phone. Cancel your subscription from Digiturk customer service through the third party provider. You can learn more billing information about your subscription to Digiturk service from Digiturk customer service.

 

 

6. Cancellation policy

 

6.1. right of withdrawal

 

You have the right to withdraw from this contract within fourteen (14) days without giving reasons. Termination period is fourteen (14) days from the date of signing of the contract. To exercise your right of withdrawal, you must send us a clear statement via - Digiturk - Tribüs Business GmbH - Email. You can use the sample cancellation form found on the online sales page, but this is not mandatory. In order for the cancellation period to expire, it is sufficient to send your notification that you have exercised your right of cancellation before the cancellation period expires.

 

6.2. Consequences of the right of withdrawal

 

If you withdraw from this contract, we have received all payments received from you, excluding delivery costs and payment commission, and will be refunded promptly, and at the latest within fourteen (14) days from the day we receive notice of the cancellation of this contract. For this refund, we use the same payment method you used for the original transaction, unless something else is expressly agreed with you; In no event will any fee be charged for this refund.

 

6.3. Termination of the right of withdrawal

 

The right of withdrawal expires at the end of fourteen (14) days after the delivery of the physical or virtual digital content. The withdrawal period has expired and you have confirmed that you know you will lose your right of withdrawal.

 

 

7. Technical requirements

 

7.1. You are responsible for owning and maintaining all hardware and software required to access, receive and view the Digiturk service.

 

7.2. We make reasonable efforts to ensure that the Digiturk service is always available. However, Digiturk service is provided ("as is") without warranty. Except as set forth in sections 7.4 and 12, we are not responsible for any cancellation or interruption of an event or failure to show an event as scheduled or advertised.

 

7.3. Sometimes we may need to interrupt Digiturk service for updates or maintenance work. We try to keep such interruptions to a minimum.

 

7.4. We provide Digiturk service with reasonable care and expertise. In addition, we do not make any warranties (and we exclude statutory warranties to the extent permitted by law and subject to Section 12). Your legal rights as a consumer remain unaffected. We (not a third party payment provider) are solely responsible for any claims you or a third party may have in connection with the Digiturk service and/or use.

 

7.5. If you think that Digiturk service is not offered as promised and therefore you are entitled to a refund, contact us via Digiturk customer service. If you used a third-party payment provider while registering for Digiturk service, you may need to report the malfunction to the third-party payment provider. If necessary, they will reimburse you the relevant price of Digiturk service. As far as legally permitted, the third party payment provider has no other liability in case of defects in Digiturk service. Any refund will be made using the payment method of your choice.

 

7.6. Streaming quality of sporting events can vary from computer to computer and device to device and depends on various factors such as your location, available bandwidth and/or speed of your Internet connection.

 

7.7. To get HD content in 720p or better, we recommend a minimum download speed of 9MB per second for each stream. You should consult your Internet provider about possible costs for data usage. We support a minimum bit rate of 800 KB per second for all televisions where Digiturk service is used.

 

7.8. The streaming software used to transmit the Digiturk service may vary depending on the device and environment. Functions may also differ depending on the device. Use of Digiturk service may require software from third parties that are subject to licenses.

 

 

You agree to:

 

8.1.1. Digiturk uses its service (financial or other) only for non-commercial purposes and does not allow any other person to use Digiturk service. You are not allowed to charge any fee for the use of the Digiturk service or to use the Digiturk service to persuade others to buy your products or the products of third parties or to visit their workplaces, bars or similar;

 

8.1.2. Always view Digiturk service only on the authorized device. You are obligated to keep your password confidential and never disclose or otherwise make passwords or other access data available to others;

 

8.1.3. Does not copy, save or save, forward, share, reproduce or otherwise distribute the Digiturk service in whole or in part (unless permitted by us in the application function), or allow or allow other people to do so;

 

8.1.4. Do not modify, disassemble, decompile or reverse engineer any part of the Digiturk service;

 

8.1.5. Do not watch Digiturk Service in places where a part of the public can watch at the same time or allow or allow other people to watch; and

 

8.1.6. Do not misuse the Digiturk service or use it for illegal or unauthorized purposes (for example, by infecting computer viruses through this site or by using the site in a way that violates the rights of others).

 

8.2. We may suspend or terminate your access to the Digiturk service immediately or block advertising campaigns, offers or discounts for you,

 

8.2.1. if we have good reasons for that

 

8.2.1.1. If you use the Digiturk service abusive, offensively, excessive or contrary to the interests of other subscribers; or

 

8.2.1.2. You are in breach of these terms; or

 

8.2.2. if we have been instructed by an authorized person.

 

As long as the circumstances are reasonable, we will notify you in advance of the suspension or termination. Please note that this may not be possible in all situations.

 

8.3. You do not have the right to use Digiturk service on different devices at the same time. In accordance with Section 8.1.2, you agree that your login data is only relevant to you and cannot be shared with others. You can change your login information at any time from Digiturk customer service.

 

8.4. We reserve the right to remove or change any content provided through the Digiturk service, provided that the changes are reasonable for you.

 

9. Your security measures

 

Be very careful with any communication that asks for your credit card or other account information. Submitting your information in response to such communication may result in identity theft. Please always access your sensitive account information directly through the Digiturk service, not through a hyperlink in an e-mail or other electronic communication, even if it appears to be official.

 

 

10. Age restriction

 

To use the Digiturk service, you must be at least 18 years old (or older) and of legal age according to the regulations of your country or place of residence.

 

11. Damage Compensation

 

11.1. You undertake to fully compensate for all damages, costs and expenses, including reasonable legal costs.

 

11.1.1. Your negligence or willful act or omission in connection with your use of the Digiturk service;

 

11.1.2. Negligence or willful breach of these Terms; or

 

11.1.3. All claims made by third parties due to your negligent or deliberate use of the Digiturk service in violation of these terms.

 

11.2. As damage within the meaning of section 11.1. Obligations we owe to our affiliates, our licensors (including our affiliates' licensors), or our licensors' affiliates due to one of section 11.1.1. - 11.1.3. We listed the facts.

 

 

12. Responsibility

 

12.1. Subject to Section 12.2, the liability of third party rights holders to you for or in connection with the provision of the Digiturk service to you in the event of a slight negligent breach of a material contractual obligation pursuant to these terms and conditions is typically limited to foreseeable damages. A "essential contractual obligation" under these terms is an obligation whose fulfillment is necessary for the proper application of these terms, the breach of which jeopardizes the purposes of these terms, and which you as a user regularly rely on. . Damage is "foreseeable" if it was typically foreseeable at the time you accepted these terms.

 

12.2. Our liability and the liability of third parties for gross negligence or willful injury or fraud to life, limb or health are neither excluded nor limited by these terms. Other mandatory consumer rights remain unaffected.

 

12.3. Since Digiturk service contains links to pages, resources or services from third parties, we have no control over the content of these pages, resources or services. Use of any of these sites, resources or services is subject to the respective third party's terms of use and privacy policy. We take no responsibility for them or for any damage you may cause as a result of their use.

 

12.4. Statements or other materials published through the Digiturk service are not intended to provide you with reliable advice. Therefore, we are not responsible for any damage caused by a user of the Digiturk service or third parties reliance on such content.

 

 

13. Contact us

 

13.1. If you have a technical problem or for any other reason, you can contact us using the contact information on our page. You may be asked to provide your membership information, email address, phone number and home address, product details and payment information (including your billing address for further support or identification of your subscription) so that we can assist you. We (not a third party payment provider) are solely responsible for all maintenance and support issues related to the Digiturk service.

 

13.2. If you have registered for Digiturk service, you must immediately notify us of any change in your data.

 

13.3. All communications from us are sent by e-mail to the e-mail address you last entered. We are not responsible if you do not receive the messages we send.

 

14. Third provider apps

 

You may come across third party applications (including websites, widgets, software or other software utilities) that interact with the Digiturk Service ("Applications"). Your use of these apps may be subject to third-party terms of use that you must comply with. We are not responsible for the terms of use of third-party applications that you may use in connection with the Digiturk service.

 

15. Force Majeure

 

Neither we nor the third party rights holders are responsible for the delayed provision or non-provision of Digiturk service, this delay or non-provision is beyond our control or the control of the third party right holder, including but not limited to Digiturk service. Malfunction of electronic or mechanical equipment or communication channels, access by third parties (including denial of service attacks and excessive use or abuse of Digiturk service), telephone or other connection problems, computer viruses, unauthorized access, theft, operating errors, fire, extreme weather conditions, including flood, natural events or orders of the controlling, Government or supranational authorities, war, riot, business disputes, and cancellation or postponement of an event.

 

16. Disclaimer

 

A waiver by us or a third party right holder from enforcement of any provision of these terms shall not constitute a waiver of any right or remedy or enforcement of claims for breach of any provision of these terms.

 

17. Third Party Rights

 

Clauses 2, 7, 11, 12, 14, 15 and 16 grant rights to and may be enforced by third parties (including third party beneficiaries and payment service providers). Except as otherwise stated in this section, no one other than the parties to the contract covered by these terms has the right to enforce any provision of these terms. Mandatory rights or remedies of third parties under applicable law remain unaffected.

 

18. Tender - Transfer

 

Subject to the following paragraph of this section 18, we may transfer, subcontract, or otherwise dispose of our rights and/or obligations under these terms and conditions without notice and without your consent.

If the contract with you is transferred to a third party, we will notify you of this. In this case, you have the right to terminate the contract by giving us notice within four (4) weeks of receiving our notice.

 

You have no right to transfer, subcontract or otherwise dispose of your rights and/or obligations under these terms and conditions.

 

19. Severability of Substances

 

If a provision of these terms is unacceptable or unenforceable, the effectiveness of the remaining terms will not be affected.

 

If an unacceptable or unenforceable provision becomes enforceable by deletion of a part, that part is deemed to be deleted and the remainder of the provision remains in effect.

 

20. Applicable Law

 

As far as legally permitted, German law applies in these conditions. Mandatory consumer protection laws in your country may remain unaffected and continue to apply.

 

Digiturk America - Canada - Australia is a registered trademark of Tribus Business GmbH with its registered office at Vienna Austria, Quellenstrasse 72 / 3 , 1100.

 

21. Dispute Resolution Procedure

 

We are not involved in a dispute resolution procedure before a consumer arbitration board. We prefer to raise your concerns directly with you. To do this, please contact us from the contact section on our page.