General Terms and Conditions

CLIQ – All in One Service

 

1.Service Provider

Cliq – All in One Service is a streaming service from C Formats GmbH,  Immermannstraße  13, 40210 Düsseldorf, Phone: +49 (0)211 946 242 82, e-mail: support@cliqdigital.com (“Provider”), one of the leading providers of streaming content in the German-speaking market. The Provider offers its streaming content for all digital end-user devices via its content portal available at https://cliqdigital.com (“Service”). The offer of the connection, as well as use of the Service, are subject to these General Terms and Conditions (GTC’s).

 

2.Contract Establishment

2.1. The Service is offered in the form of a subscription. The registration for the Service takes place by providing the requested data, particularly an e-mail address. Billing takes place by an appropriate means of payment (such as a credit card). The conclusion of the subscription is therefore dependent on providing complete and correct information as required for this. To use the Service, the user must be at least 18 years of age.  

2.2.During the registration, in addition to an e-mail address, a self-selected password is to be provided and confirmed.

2.3.To use the Service, the user declares that he agrees with the Provider’s privacy policy. By activating the checkbox and clicking on the “Next” button the user declares that he taken notice of the privacy policy. Then comes the prompt to provide payment data; as for credit card data this means the card number, the expiration date and the security code (CVC). In addition, agreement with the Provider’s General Terms and Conditions (“GTC”) must be given by activating the appropriate checkbox. As soon as the user confirms the payment data and applicability of the GTC’s by clicking the “start subscription” button, the data will be processed and verified by the provider.

2.4.After a successful registration, the client is notified about all the essential information for his CLIQ membership. Among other things, this includes access to the CLIQ portal, subscription fees, and the subscription period, as well as contact data for customer service. Moreover, the user will be notified how he can still terminate his subscription without cost during the testing phase. After that the client may immediately use the Service. 

2.5.Upon a successful subscription, the client receives an e-mail with the GTC’s as well as the information about the Right of Withdrawal (“Widerrufsbelehrung”).

2.6.The client can simultaneously use his registration data to access the Service and/or streaming content respectively on up to 4 (four) end-user devices simultaneously (for example: computer, mobile phone, smart phones).

 

3.Provider’s Services

3.2.Unless otherwise stated in the Provider’s particular offer, the Provider’s obligation to provide services within the scope of the validly completed contract during the term of the subscription consists of providing the Service and/or the streaming content contained herein via the content portal  https://www.cliqdigital.com

3.3.Due to licensing requirements, it may be that the user cannot or cannot fully use the streaming content outside the country in which the contract was concluded.

3.4.We hereby point out that the use of streaming content is subject to the availability of third-party services (for example: the user’s internet provider); see also article 5.6 and 8.7. This may result in additional costs for the end user. Moreover, the internet connection speed of a specific internet connection may influence streaming quality.

3.5.The Provider reserves the right to cease providing the streaming content temporarily or partially if the client does not fulfill his payment obligations or if there is an infringement of these terms of use. The Provider is only obligated to provide the client with the respective streaming content again when the outstanding subscription fees are settled and/or the contractual breach and its consequences are resolved.

 

4.Subscriptions

4.2.Ordering a subscription takes place as described in article 2. If the end of the term is expressly specified for a subscription and no automatic extension is scheduled, then the subscription ends at the end of the specified term. In all other cases, the subscription is extended after expiration of the first subscription period for a period of the same duration if the client has not previously cancelled. If such a subscription extension is for a new subscription period, then the subscription fee is to be paid at the beginning of that subscription period.

4.3.Termination of a subscription is possible at any time at the end of the subscription period in question.

4.4.To continue offering its clients the desired subscription even in the event of rising costs for production or licensing, for example, the Provider reserves the right to change the content or price. In individual cases it may even suspend the subscription. The client will be informed separately by the Provider about these cases and, if necessary, referred to his rights of exceptional termination. Subscriptions with a currently ongoing or already paid subscription period are not affected by this. 

4.5.Moreover, the Provider reserves the right to change or substitute the streaming content of a subscription in the future, insofar as this is acceptable to the client.

4.6.Cancellation without notice on the part of the Provider is only possible if the client improperly makes use of streaming content and/or, within the scope of usage, culpably breaches fundamental obligations of the contract.

 

5.Client’s Rights and Obligations

5.2.In individual cases providing specific data (for example: age) may be required for using streaming content. The streaming content can only then be used by the client after the data have been entered in accordance with the instructions provided.  

5.3.If, upon conclusion of the contract, the Provider captures data from the client, then the client is to provide this data truthfully. Future alterations with respect to these data are to be immediately communicated to the provider on the client’s own initiative. 

5.4.The client retains the simple, untransferable right to use the offered and ordered streaming content exclusively for personal use in the specifically offered manner. It is not permissible to use streaming data in some other unintended way, or, above all, to alter it textually or editorially or to use altered versions of it, to copy it for or sell it to third parties, to make it publicly available and/or relay it, install it on the internet or on other networks either for payment or not, to save it permanently apart from the streaming, to copy it, resell it or use it for commercial purposes.  

5.5.The streaming content offered by the Provider is legally protected by copyrights, trademarks and, where appropriate, other Intellectual Property rights. The client is therefore only entitled to use streaming content for his own private purposes within the scope of the permitted use. The client is expressly prohibited from transferring or rerouting streaming content or his access data to the CLIQ portal to third parties. 

5.6.To use the Service, existing internet access with sufficient bandwidth (for video streaming: at least 3 Mbit/s) is required. The client bears the charges accruing for internet access for retrieving streaming content and transmission (notably roaming fees when using it abroad). An internet browser (for example: Google Chrome, Firefox, Internet Explorer, Safari) is, moreover, required to use the Service. The Provider strongly recommends that its clients always keep their browser software up to date and to immediately install the updates that are offered for it. It may happen that the Service is no longer useable with older versions of software; in case of doubt, customer Service will help.

 

 

6.Protection of personal data

With respect to the protection of personal data, the Provider refers to its privacy policy.

 

7.Payment for Streaming Content

7.2.The costs of the Service are always to be inferred from the current offer. Unless indicated otherwise the costs pertain to the duration of a subscription period.

7.3.Subscription billing occurs via the appropriate means of payment as indicated by the client (cf. article 2.1).

 

8.Warranty / Availability of Service

8.2.Since services by third parties (for example: internet providers), over which the provider has no influence, are necessary to receive streaming content, the Provider cannot assume any guarantee for the Service’s uninterrupted availability.

8.3.To the extent the client is not using his browser in the manufacturer’s current version (cf. article 5.6) it is possible that the streaming content cannot be accessed. 

8.4.Certain end-user devices may be incompatible with the Service. Due to configuration deviations the Provider cannot, nevertheless, guarantee that compatibility with the end-user devices that are listed is available in every individual case.

8.5.Certain streaming content is only retrievable in the Federal Republic of Germany. If a user leaves this area, then access to the relevant streaming content will no longer be possible until he returns to the area of the Federal Republic of Germany.

8.6.Descriptions of the Service’s operating principles as well as information about the extent of its functionality are merely of a descriptive nature and do not represent guarantees insofar as they are not expressly and in writing designated as such.

8.7.The Provider has endeavored to offer the highest possible up-to-datedness, functional capability, and reliability of its product. To make this possible, Service updates may be required that may momentarily, either wholly or in part, interfere with the accessibility of the Service. The client accepts interferences attributable to this to a relative and reasonable extent.

8.8.The Provider does not operate its own telecommunication network. For this reason, activities of third parties (for example: the client’s telecom provider) are required to utilize the Service (cf. item 5.6). If technical difficulties were to occur with these third parties, then transmission failures or a temporary discontinuation of the Service or parts thereof might occur. The Provider has no influence over this. The Provider expressly points out that, technically, he can neither guarantee receipt of the client’s calls nor the client’s receipt of streaming content. 

8.9.The Provider is not responsible for damages or other breakdowns that are based on the incompatibility of services with the client’s software or hardware unless the compatibility is expressly indicated on the part of the Provider.

 

9.Liability

9.2.The Provider has unlimited liability owing to intentional infringement of rights, gross negligence, or in the event of damage to life, limb, or a person’s health, as well as damages per the product liability act. Besides, the Provider is liable in the event of a breach of contractual performance of an essential obligation (a so-called “cardinal obligation”) on the part of the Provider, its employees, representatives, or subcontractors. In this case, the Provider’s liability for damages is limited to immediate and foreseeable damages. Compensation for collateral or atypical consequential damages does not occur.

9.3.In the event of the client’s culpable violation of these GTC’s --- specifically the violations covered in clauses 5.3 and 5.4 --- the client is obligated to compensate the Provider for all damages that were caused by this breach. The client is obligated to indemnify the Provider from all claims by third parties which were caused by his culpable behavior and to compensate the Provider for all damages arising therefrom. 

 

10.Cancellation

The user has a right of withdrawal for the Service.

 

Cancellation Policy

 

Widerrufsrecht

You have the right to cancel this agreement within fourteen days without providing reasons.

The cancellation period amounts to fourteen days from the day of concluding the contract.

 

To exercise your cancellation right you must inform us, C Formats GmbH. (Immermannstraße 13, 40210 Düsseldorf; Phone +49 (0) 211 946 242 82; Fax +49 (0) 211 9350 150; E-mail: support@cliqdigital.com), with a definite declaration (for example: a letter sent by mail, a fax or an e-mail) of your decision to cancel this contract. For this you can use the appended sample cancellation form which is, however, not prescribed.

 

To meet the cancellation deadline, send the notification exercising your right to cancel before the cancellation period expires.  

 

 

Muster-Widerrufsformular

(If you want to cancel this contract, then please fill out this form and send it back.)

To: C Formats GmbH., Immermanstraße 13, 40210 Düsseldorf, Fax: +49-(0)211 9350 150. E-mail-Address: support@cliqdigital.com:

We/I hereby (*) cancel the contract concluded by me / us (*) for the     purchase of the following goods (*)/provision of the following service (*)

Ordered on (*)/received on (*)

Name of the user(s)

Address of the user(s)

Signature of the user(s) (only if notifying by paper)

__________________________________________

Date

 

(*) Cross out what does not apply

 

Consequences of Cancellation

If you cancel this contract then we must repay you for all payments that we have received from you, including delivery costs (except for any additional costs if you selected a method of delivery other than the economical standard delivery we offered), immediately and/or at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we are using the same method of payment that you used for the original transaction, unless something else was agreed upon with you; in no case will you be charged fees due to this refund.

 

Exception to the right of cancellation: You cannot cancel an order for digital content if delivery has already begun with your express consent and approval; in which case you forfeit your right to cancellation. 

 

- End of the Cancellation Policy –

 

11.Final Provisions

11.2.Ancillary agreements, changes and amendments of contract contents must be in writing (e-mail suffices). This also applies if the requirement to be in writing is waived.

11.3.The contractual relationship with the client, as well as all claims based on or connected with the contract (such as, for example, extra contractual claims), are subject to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply. 

11.4.The language of the contract is German and the German language version of the contract is leading. This is an English translation. 

11.5.If the client is a merchant, a legal person subject to public jurisdiction or a legal special public fund, the legal venue for all disputes arising from the contractual relationship between the client and the Provider is the Provider’s headquarters. 

11.6.The place of fulfillment is the Provider’s headquarters.

11.7.Solely these General Terms and Conditions (GTC’s) are valid. Divergent, contradictory, or additional GTC’s will only then and in that respect be an integral part of the contract if the Provider has expressly agreed to their legitimacy in writing.