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TERMS AND CONDITIONS

  1. GO4YU GmbH, Mariahilfer Strasse 103/8, 1060 Vienna, Austria (hereinafter referred to as GO4YU) provides MTEL TV, a subscription-based OTT TV service (hereinafter referred to as the Service), enabling our customers to access the Service via STBs and an app on GO4YU-supported devices, in order to consume the offered multimedia contents transmitted via the Internet.

  2. These Standard Terms and Conditions shall apply to the use of the Service, including from the time when an order is placed through our online store and/or the Service is accessed, and to all business relations between you, as the User, and GO4YU/an authorized GO4YU agent and/or dealer (including Contracts made at the offices of GO4YU distribution partners or in the field). The General Terms and Conditions define contractual relations between the User and GO4YU and their mutual rights and obligations arising from the provision of services by GO4YU, which, together with all other documents, including the accepted offer for the selected service package, the official price list included, shall comprise the Contract concluded with the User (hereinafter collectively referred to as the Contract). Any other, conflicting or modified Standard Terms and Conditions, even when duly noted, shall not be part of the Contract, unless an express written consent as to their validity is given).

  3. The version applicable upon the conclusion of the Contract shall be considered relevant. The relevant applicable version is available on www.mtel.global web portal or can be requested by phone/e-mail from our Customer Support Service. By signing these Standard Terms and Conditions or clicking a relevant box when shopping online, the User confirms that he/she agrees with these Standard Terms and Conditions and the personal data protection provisions defined in our Privacy Policy, which constitutes an integral part hereof, in their entirety and without exception.

  4. From time to time, due to modification and improvement of our Services and our business operations, generally, or due to amendments to the applicable regulations, we may modify these Standard Terms and Conditions. If modifications involve material changes to the terms and conditions applicable to the existing Users, they shall be published on our website www.mtel.global 60 days before their coming into force. Modifications of these Standard Terms and Conditions, if they are exclusively in favor of the User or refer exclusively to new Users, shall take effect no sooner than one day after the date of their publication. If the modifications are materially unfavorable for the User, the User shall be entitled to submit an objection and to the extraordinary termination of the Contract until the effective date of such modifications with no extra charge. The termination of the Contract shall be effective as of the date of receipt of a Contract termination notice at the following address: GO4YU GmbH, Mariahilfer Strasse 103/8, 1060 Vienna, Austria or on the following e-mail: support@mtel.global.

  5. The Service includes a subscription-based Over-The-Top (OTT) TV service, which enables access to multimedia contents in a specified territory (where the Service is commercially available) via the Internet and on devices supported by GO4YU, by using Set-Top-Boxes (STBs) or the app, in accordance with an offer and price list available on www.mtel.global.

  6. The Service can be provided to the User if he/she meets minimum technical requirements and uses a public Internet access service offered by his/her Internet provider, having a specified minimum bit rate and a modem/router with a free LAN port, as defined in the Support section on www.mtel.global. The User should get familiar with the technical requirements before placing an order and entering into a contractual/subscriber relationship with GO4YU. GO4YU shall bear no responsibility whatsoever for the quality of the Internet service and shall be in no relationship with an Internet provider selected by the User; therefore, the User agrees to independently and directly manage/agree any mutual relationships with his/her Internet provider, including the ensuring of minimum bit rate, quality of the Internet service, any faults, prices, price changes and the terms of the Internet service.

  7. GO4YU Service offer can be found on our website www.mtel.global and it includes a number of service packages (plans), depending on the number of months of subscription, manner of use, the number of supported devices, the number of additional services/service features and other. The price and currency of the Service and the amount of taxes associated therewith may vary depending on the territory.

  8. GO4YU reserves the right to change service packages; offers and the price list, including charges specified therein; program contents in a specific territory; and other. By accepting these General Terms and Conditions the User confirms he/she is fully aware of the fact that certain multimedia/program contents depend on the territory where the Service is accessed from (certain contents are not available in every territory where the Service is provided, so the User shall be automatically connected to the Service version available in the territory wherefrom the User is accessing the Service) and, generally, that GO4YU cannot guarantee that the same contents will be available within the Service throughout the subscription period, as the contents are the property of third parties and subject to the copyright and related rights law and the contracts governing full or partial content availability. The User may not access the contents in another territory by using VPN to change his/her IP address; the aforementioned is not allowed.

  9. You can become a User by placing an order via our online store provided that you accept these General Terms and Conditions and fill in a form to provide the required information; by calling our Customer Support Service; or by visiting our offices or the offices of our agents/dealers in certain territories where the Service is commercially available. The Service shall have a limited period of use and shall be subscription-based.

  10. We reserve the right to decide whether we want to accept or decline your order/request to enter into a contract with you. You shall be notified in due time of our decision.

  11. A person seeking to become a User must be 18 years of age. Under-age persons may not enter into subscriber contracts with GO4YU and they may use the Service exclusively under the supervision of adult persons if they share the same household with the User.

  12. The User may use the Service for a period defined in the service package he/she selected, starting from the time of purchase or the time of delivery of the device, in case the User bought the STB together with the Service.

  13. The User shall be able to upgrade his/her service package before the expiry of the existing package. In this case, the User may take immediate advantage of the higher grade package and the validity period of such package shall be extended for the remaining time of the previously used, lower grade package; the Service during the validity period extension shall be charged proportionally to the price of monthly subscription to the higher grade package. A service package cannot be downgraded during the validity period of an existing package. This is enabled only after the expiry of the existing service package. The User may purchase an additional device as per the price list, before the expiry of the existing package.

  14. GO4YU may offer additional services/features for use by the User, either subject to extra charge or not. For more information, go to the Offers and Price List section of the GO4YU web portal. Additional services, such as Catch-up TV, Electronic Program Guide and other, depend on TV channels, which provide contents/enable watching of contents in this manner, and GO4YU shall not be liable for accuracy of information or inability to watch certain contents included in the Service

  15. The use of the Service shall be enabled only via STBs offered by GO4YU or the app on Smart TVs or mobile devices with Android or iOS operating systems. The User can buy an STB via GO4YU. The delivered STBs shall be pre-programmed and the User shall be provided with the instructions for use and installation in Serbian, German or English.

  16. The Services and STBs are available for purchase on the www.mtel.global web portal, directly in authorized GO4YU retail outlets or via authorized dealers and agents in retail outlets or in the field. The app can be downloaded free of charge via Google Play or App Store, as well as via Samsung Smart Hub and LG Store for Smart TVs.

  17. The delivered STB shall be activated once it has been plugged into a power supply and connected to the Internet and that is when the subscription validity period shall start to run. Once the application has been downloaded and installed, the Users shall be enabled to watch some TV channels included in the app free of charge for 15 days (promotional period). Once the promotional period is over, the Users can buy one of the packages.

  18. The User shall be responsible for connecting an STB to his/her TV and for installing the app on his/her smartphone, tablet or Smart TV. The User should perform the installation as per the instructions, which are also available in the Support section on www.mtel.global.

  19. The app for smartphones and tablets uses a Push Notification service provided by a third party to send notifications of the duration and expiry of the package/subscription selected by the User, as well as other notifications closely related to the use of the app. When replacing a device on which the User has activated a package/subscription, he/she shall be enabled to continue to use the same package after logging in to the newly-installed application (new device). The package/subscription cannot be paused. Accordingly, the subscription related to the user account shall continue to run and shall not be paused while the User replaces the device.

  20. The User expressly agrees that the Service is intended for non-commercial use for the User’s own purposes and may not be assigned or shared outside the User’s household. For the duration of your subscription, we guarantee to you a limited, non-exclusive, non-transferrable right to access the Service and watch multimedia contents included in the Service. Making the Service accessible to the public, in whole or in part, is not allowed.

  21. If the Service is not commercially available in the territory where the User has his/her residence, we recommend that you do not attempt to buy the Service or pay for subscription via any GO4YU sales channel or otherwise we shall assume no liability therefor.

  22. When placing an order, the User should select a package he/she wants to subscribe for. Also, the User needs to provide all the information required for an order to be processed. This shall apply to both orders placed through our online store and orders/contracts placed and concluded through other sales channels. The required information shall include valid identification information, such as name and surname, country and address of residence, telephone number, e-mail address, date of birth and delivery address (in case an STB is ordered).

  23. The User’s personal data shall exclusively be used for the purposes of order processing and fulfilling of contractual obligations. For more about data collection, processing and use, please, see our Privacy Policy document, which forms an integral part of these General Terms and Conditions.

  24. The User agrees that GO4YU may use his/her basic data, contact details and traffic data, as well as other personal data for the purposes of relevant offers, Services and additional services, and for personalized offers of products and services from the GO4YU range. The User may revoke his/her consent at any time.

  25. GO4YU shall delete the User’s basic data upon the expiry of their contractual relationship but no later than all legal obligations regarding data retention applicable to GO4YU in the jurisdiction where the company has its registered seat cease to exist. GO4YU shall delete the User’s contact details and traffic data immediately upon the transfer of funds and if no written complaints about payment are submitted within the period of three months. GO4YU shall not delete the User’s data in the period of time within which the bill may be legally contested if a timely complaint is filed; in the period of time within which it is possible to exercise the right to collection if the bill is not paid; or until the final decision is issued if proceedings have been instigated over the billed amount.

  26. GO4YU shall neither keep nor forward credit card data to third parties, since in principle GO4YU has no access to such data.

  27. GO4YU reserves the right to verify one’s credit rating and solvency, if applicable.

  28. The User shall be under an obligation to provide up-to-date data at all times. Incorrect or obsolete data shall be considered to be the sole omission of the User.

  29. The User shall select the available payment method, depending on the territory where he/she has residence.

  30. The User shall bear all costs associated with the collection of claims.

  31. For Users, the tax payable shall be specified upon registration, as soon as the corresponding tax rate is calculated based on the User’s place of residence.

  32. Upon concluding the Contract, GO4YU shall issue a bill amounting to the price of the offer, including tax. The delivery shall be made only after the payment of the specified offer price for the selected Service package, with or without an STB. If the User subsequently requests changes, he/she shall be charged for additional services. Bills shall be paid promptly upon receipt, and equipment (STB) shall be delivered only after the receipt of payment of the specified price. GO4YU shall use local postal companies or courier services to ship equipment. Equipment shall be shipped at the expense and responsibility of the User. Shipping costs shall be included in the final price of the offer. Delivery shall be made to the address specified by the User. Where possible in some territories, the User may personally collect goods at authorized retail outlets or from dealers/agents, of which he/she shall be informed in due time.

  33. The bill shall be issued as a paper or electronic document to be sent by electronic or postal mailing or delivered to the User at an authorized point of sale. The User may be notified about package/subscription expiry via SMS notification, e-mail or the Service app.

  34. When shipping the purchased equipment, the risk of accidental loss or accidental damage to the goods passes on to the forwarding agent, loading and unloading service or any other person or organization responsible for delivery. If the User is in default in terms of taking over the equipment, the equipment shall still be considered delivered. If the User fails to take over the equipment and such equipment is returned to GO4YU, the User shall bear the costs of returning the goods.

  35. Upon takeover, the User shall inspect equipment for damage and report any identified damage to GO4YU in writing and without any delay. Otherwise, the User shall forgo the right to warranty.

  36. We provide a warranty period of 1 year from the purchase date for all STBs.

  37. GO4YU will, independently or through its partners, eliminate any equipment failures, except those occurring due to negligence or intent of the User. If equipment is un-operational due to manufacturing defect or damage sustained during shipping, it shall be repaired or replaced with new equipment at no extra charge. In case of failure or damage due to the fault of the User, the User shall pay compensation for a new STB as specified in the applicable price list. Equipment repair period shall be 30 days. During the repair, the User shall be able to use the Service via the app. The User shall pay the costs of STB delivery to an authorized service shop, as well as the costs of returning the equipment in case the complaint turns out to be unfounded.

  38. In case of online purchase, the User may return the STB within 14 days if he/she is dissatisfied with the device. This period shall start to run from the time of equipment receipt. Equipment shall be deemed received even when received by a third party authorized by the User. The amount of STB purchase price plus the standard price of ordinary mail shall be refunded to the User upon return of equipment. Any additional costs of equipment delivery shall be borne by the User. The User can return the equipment using available delivery methods in a given territory, of which he/she shall be notified. The equipment must be returned so as to prevent any loss of value, or otherwise GO4YU shall reserve the right to reduce the amount of refund for the amount of the loss.

  39. If the equipment is returned within 14 days due to dissatisfaction of the User, in case of online purchase, GO4YU shall make the refund without delay, but no later than 14 days from the STB return date. The refund shall be made using the same method in which the purchase was made, unless it is impossible to do so. The User shall be duly notified thereof.

  40. You may cancel the Service at any time and you shall continue to have access the Service until the expiry of the paid subscription. In that case, the STB bought together with the Service shall not be subject to return. To the extent allowable by law, the paid subscription shall not be subject to refund and we shall not make refunds or give credits for any partially paid subscription or failure to watch the contents included in the Service.

  41. GO4YU may suspend or limit the use of the Service by the User, without refund or reimbursement, in the following cases:

    1. If the User uses the Service contrary to the rights granted under these Standard Terms and Conditions (e.g. if the User enables an unauthorized person to use the Service; makes the Service accessible by the public; performs unauthorized distribution of the Service, either in whole or in part; makes recordings; makes copies; charges for the Service; uses a VPN connection; and other);

    2. If the User causes interference in the network; puts at risk the operation of the Service or equipment or GO4YU network; fraudulently uses the Service, wholly or partly;

    3. If the User performs any action which is detrimental or prohibited under the applicable regulations. This shall in particular apply to unauthorized distribution of the Service, either in whole or in part;

    4. If you create, use, make available or distribute any software which may in any way affect the Service or in any way communicate with the equipment – including, but not limited to, any unauthorized third-party programs which intercept or emulate any communication with GO4YU/partners and GO4YU services and/or any unauthorized third-party program which collects information about GO4YU services and stores data);

    5. If you take any action involving interference with or hindrance of the Service, including code injection, software modification, use of software that emulates our software, protocol emulation, creation and use of private servers or any similar services related to the Service, including data interception and data collection through data mining and use of unauthorized software and programs. Also, do not attempt to access parts of the Service or servers we have not made publicly accessible;

    6. If you take any action to upload any files with malicious code, viruses, trojans and other, including any intentionally corrupted files or other files with malicious code which can in any way harm or interfere with the operation of the Service;

    7. If you take any action that may infringe or violate third-party rights with respect to intellectual property, data privacy, publicity or other rights;

    8. If you are engaged in unauthorized advertising, promotional or commercial communications, trade activities and/or sale;

    9. If you transmit malicious or unauthorized software;

    10. If you take any action which is prohibited under the law and other regulations;

    11. If you take any action which is prohibited under the law and other regulations;

  42. If applicable, in case the User terminates the Contract while using the Service or in a period in which he/she took advantage of any GO4YU special offer, the User agrees that he/she shall no longer be eligible for any discount he/she was granted upon conclusion of the Contract and shall pay the difference between the granted discount and the standard price of his/her package plus the amount of outstanding monthly payments until the end of the contract period, in addition to any overdue liabilities. Access to the Service shall be enabled until the expiry of the paid subscription. The termination notice by the User can be provided to our Customer Support Service on paper/electronically.

  43. The Service is defined as an OTT TV and it includes the service of distribution of interactive multimedia contents (television programs, radio programs, other audio/video/text/graphic contents and interactive services) which shall be provided via the Internet connection (of other Internet providers). Interactive multimedia content may refer to video, audio or image recordings whose content is determined by content (program) broadcasters. GO4YU acts as an intermediary in transmitting contents to the User. Therefore, GO4YU may not be held responsible for the content transmitted via the Service. TV stations regulate legal issues/copyright and related rights for the territories where the content will be broadcast during the production of content, broadcasting or purchase of the relevant rights. GO4YU shall have an obligation to black out any program or remove any content offered by TV and radio channels for which GO4YU is notified by TV and radio stations that it may not be re-broadcast in whole or in part due to any legally valid reason and GO4YU shall not be held responsible for the inability to re-broadcast a given content. TV and radio channels offered within the Service are subject to change, in accordance with valid contracts between the content right holders and GO4YU. Therefore, in case an individual TV or radio channel is no longer offered during the term of contract with the User, GO4YU may in no case be held responsible nor this shall imply that rights and obligations assumed by GO4YU and the User have been violated.

  44. The User agrees, in the event described in Clause 43 above, that some contents may be discontinued and shall not be available in whole or in part, and that such situation shall not make the User entitled to refund or compensation. Exclusively the User shall be liable to GO4YU, other Users and any third party incurring losses for any misuse of the Service by the User.

  45. All contents included in the Service are protected and any recording, copying, publishing, distributing or any other use of the contents for purposes other than those allowed hereunder is prohibited. Therefore, any misuse shall be subject to indemnity for each instance of unallowable use and each instance of distribution irrespective of the technology used, and for each instance of commercial use of contents, which shall result not only in the termination of subscriber relationship with the User, but also in the right to compensation for any indirect or direct loss arising from such unallowable actions.

  46. Payment of damages to GO4YU shall not relieve the User from an obligation to pay damages to the holders of copyright and related rights and intellectual property rights, in connection to the misuse of the Service, equipment or apps. The User shall have an obligation to defend GO4YU and shall not hold GO4YU responsible for any consequences that may arise from the violation and misuse of the granted rights or unallowable conduct by the User, in contravention to the provisions hereof.

  47. Access to and use of the Service shall be ensured on a continuing basis, except in the periods of occasional scheduled maintenance, repairs, updates of the system and server software components (of which you shall be duly notified) or in cases of exceptional, unforeseen disruptions, or interferences and disruptions occurring due to events beyond the control of GO4YU, including the events of force majeure in compliance with the applicable law.

  48. We shall not be responsible for the Internet connection, connection of devices, technical characteristics of the service provided by the Internet providers and, therefore, the User acknowledges that there may be problems and/or failures in the course of communication with GO4YU servers, irrespective to the declared speed of your Internet connection.

  49. We shall not be responsible for third-party platforms for the use of the Service via the app on different devices (Smart TV, mobile device, or any other device with own software environment and the Internet connection). These platforms have their own terms of use and own liability for their use, therefore, we advise you to get familiar with these documents before you place an order/start using the Service.

  50. The User shall submit complaints on issued bills within the period of three (3) months from the bill issuance date, or otherwise the billed amount shall be considered expressly acknowledged. If the User does not express any compliant within three (3) months after the delivery of the bill, the bill shall be considered accepted as valid; such an acceptance shall not exclude judicial contestation.

  51. We reserve any rights that are not expressly guaranteed to you under these General Terms and Conditions.

  52. This Contract with the User does not grant any rights to third parties, and you, as the User, may not transfer, assign, pledge, sell, sub-license any of your rights or obligations or otherwise transfer the rights guaranteed hereunder to any third party, organization or entity.

  53. We may transfer our rights and obligations to third parties, without any limitation. For example, this may occur in case of change of control or under the law.

  54. We reserve all rights on and in connection with the Service, the app included, including, but not limited to the name, any copyright or related rights, and other.

  55. Our Service is provided as is and as available, and we do not guarantee that it will be completely secure and perfectly functioning at all times. To the extent allowable under the law, we waive any guarantees, either express or assumed, including implicit guarantees of suitability for any specific additional use and purpose, including commercial and otherwise. We shall not be liable for any loss of profit, income, information or data, or any incidental, special, consequential, direct or other loss that may in any way arise from or in connection with these General Terms and Conditions or occur in connection with the use of the Service, including downloading, installation or use of software, even in case of deletion of contents, information or profile in any way whatsoever, and in connection with the use of the Service by the User, including, but not limited to loss or liability occurring or arising from or in connection with: a) software error, in connection with the Service software; b) violation of third-party rights by the User; c) failure to deliver data, faulty data delivery or unauthorized access to data delivery; d) software or content defects and the distribution of defects throughout software and content; e) use or misuse of the User’s personal device or software apps on the User’s device. The only legal remedy in the above events shall be to stop using the Service.

  56. To the greatest extent allowable by the applicable regulations, we shall not be liable to the User for any indirect, unintentional, consequential, special damage or loss or loss of profit arising from or in connection with the Service and these General Terms and Conditions.

  57. The User expressly agrees to relieve, indemnify, defend and protect us, our related entities, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all losses, liabilities, claims (including claims issued without judgments or maliciously issued), requests, damages or costs, causes of action, disputes, proceedings, judgments, awards, enforcement and liens, including any charges and reasonable legal fees related to or arising from the use, installation or download of the Service or violation of these Standard Terms and Conditions by the User.

  58. For any additional information, requests, questions and doubts in connection with the use of the Service, the User may contact our Customer Support Service. GO4YU shall provide Customer Support Service to all users of the Service. The User shall report any problem to the Customer Support Service within an adequate period of time (not longer than 24h after the occurrence).

  59. Support regarding the use of the Service can be obtained by sending an e-mail to support@mtel.global or by calling Customer Support Service to the following numbers: 076-80-50-100 (this number can be dialed using MTEL Homephone service or MTEL Calling service, and from mobile and fixed-line numbers in the network of Telekom Srbija a.d. Beograd), +49-231-992-176-00 (at the price of a local call if the call is made from Germany), +41-435-777-000 (at the price of a local call if the call is made from Switzerland), +44-330-777-22-07 (at the price of a local call if the call is made from the UK), +42-023-409-47-44 (at the price of a local call if the call is made from the Czech Republic), +46-812-163-030 (at the price of a local call if the call is made from Sweden), +33-188-59-97-73 (at the price of a local call if the call is made from France), +43-720-828-008 (at the price of a local call if the call is made from Austria), and by Online Chat option available on www.mtel.global. Calls to the number 076-80-50-100 are toll-free if made from MTEL 076 network.

  60. Ideas, suggestions, comments, proposals referring to improving GO4YU products and/or services, the name of GO4YU products and/or services, the possibilities for their promotion, and the development of new products and/or services (hereinafter referred to as: Feedback) that User submits to GO4YU through the app or web portals, pages on social networks or in any other way, do not constitute confidential information and GO4YU shall have the right to use feedback without any limitations and without any compensation to the User or other parties.

  61. Any disputes arising from this Contract shall be settled amicably and by mutual consent. If the disputes cannot be amicably settled, they shall be settled by a court having subject-matter and territorial jurisdiction over GO4YU (Vienna, Austria).

  62. These Standard Terms and Conditions shall be interpreted in accordance with the laws of Austria. The Standard Terms and Conditions do not limit your consumer protection rights granted in compliance with the laws of the territory where the User has his/her residence.

  63. In case a relevant authority declares any of the provisions of these Standard Terms and Conditions to be invalid or unenforceable, such provision shall be replaced with a valid and enforceable provision whose effect and purpose come as close as possible to those of the original provision, and all other provisions shall remain in full force and effect. If the unenforceable provision cannot be replaced with another provision, such a provision shall not affect the validity and enforceability of other provisions of these Standard Terms and Conditions.

  64. These Standard Terms and Conditions shall come into force when signed by the User or by clicking a relevant box when shopping online.

  65. Last updated: October 12, 2020