GENERAL TERMS AND CONDITIONS
OF SWEET.TV SERVICE AGREEMENT
provided by VAN GROUP sro, registered office: Mostová 185/2, 81102 Bratislava - mestská časť Staré Mesto, IČO (entity identification number): 47 865 997, issued in accordance with Law No. 452/2021 of the Code of Laws “On Electronic Communications” and in accordance with § 17 par. 1 letter e) of Law No. 308/2000 of the Code of Laws “On Communication and Rebroadcasting”
Article I
Introductory Provisions. Conclusion of the Agreement
These General Terms and Conditions of the Agreement are issued by VAN GROUP s.r.o., registered office: Mostová 185/2, 81102 Bratislava - mestská časť Staré Mesto, IČO: 47 865 997, entered in the Commercial Register of the District Court of Bratislava I , section: Sro, insert No. 100012/ B (hereinafter referred to as the “Provider”), significantly govern the legal relationship between the Provider and the Customer as the party to the SWEET.TV Service Agreement.
SWEET.TV service (hereinafter referred to as the “Service”) is a subscription Service that allows for receiving original television (and radio) broadcasts of a television (and radio) broadcaster via an Internet connection; the Service also includes an additional Cinema Hall Service, where the Provider grants the Customer the right to use a certain title for a limited time (sublicense); the Service is provided in accordance with Law No. 308/2000 of the Code of Laws “On Communication and Rebroadcasting”. In order to protect its own contractual obligations, the Provider is entitled to blackout some of the content.
These GTC (General Terms and Conditions) shall apply to any Agreement concluded between the Provider and the Customer. Tariff plans of the Provider, which determine the cost of subscription depending on the type of Service provided (hereinafter referred to as the “Tariff”), are also an integral part of the GTC.
The agreement shall be understood as the SWEET.TV Service Agreement, concluded between the Provider and the Customer, the subject of which is the Provider's obligation under the conditions defined by these GTC, to provide the Service within the limits of the types of Service (Tariff Plans) prepaid by the Customer during the term of the Agreement, to fulfil all other obligations as they are specified in the GTC, and on the other hand, the Customer's obligation to pay the Provider for the provision of the Service in accordance with the Provider's Tariff (subscription), as well as to fulfil all other obligations arising from these GTC (hereinafter referred to as the “Agreement”). The Agreement shall not be concluded in writing.
Processing of personal data of the Customers by the Provider shall be governed in a separate document “Privacy Policy”, which is available on the Provider's website.
The Provider provides the Service on the basis of the Agreement concluded with the Customer.
The condition for concluding the Agreement and providing the Service shall be the Customer's registration through the registration area on the Provider's website, through the Provider's mobile application, smart TV , etc. A prerequisite for the conclusion of the Agreement by the Customer and use of the Service shall be the acceptance by the Customer of the terms of these General Terms and Conditions (hereinafter referred to as the “Conclusion of the Remote Agreement”).
In the case of the Conclusion of the Remote Agreement, the interested person shall truthfully, completely and accurately enter data in the registration form when registering through the Customer's registration area, and after checking all data, create an account. By creating an account, the Customers also confirm that they have familiarized themselves with the content of the GTC and the Privacy Policy, which are publicly available on the website of the Provider (sweet.tv) and accepts their terms in full.
The Customer shall be liable to the Provider for any damages caused by the provision of false, incomplete or inaccurate data during registration in the draft form of the Agreementthrough the Customer's area.
The Provider shall have the right to refuse the conclusion of the Agreement and the provision of the Service only in cases provided for by the law or these GTC or the Tariff.
However, the Provider's refusal to conclude the Agreement can always be justified by the fact that:
- the interested party does not guarantee the fulfilment of the terms of the Agreement, in particular because he or she has an overdue debt to the Provider or another Provider, or another Provider has previously refused the Agreement with him or her or terminated the Agreement with him or her,
- the interested person did not accept the terms and contents of the GTC, the Tariffs or the Privacy Policy (principles of personal data processing),
- the Customer is included in the list of debtors under special provisions,
- the conclusion of the Agreement would be contrary to universally binding legislation or principles of morality,
- if the interested person did not provide all the necessary data during registration, or
if the Provider has doubts about the reliability of the data provided by the interested person.
After the Customer's registration and creation of the Customer's account, the Remote Agreement shall be considered concluded.
The Provider will start providing the Service immediately after concluding the Agreement and paying the subscription in the amount and order according to the Tariff (connection of the Service). The Customer shall give the Provider his or her explicit consent to install (activate) the Service immediately after concluding the Agreement. By activating the Service, the Customer agrees to start receiving electronic content, which is different from physical media, even before the end of the period for withdrawing from the Agreement (14 days from the day of the start of providing the Service). According to § 7 par. 6 point l) of Law No. 102/2014 of the Code of Laws, having given his or her consent, the Customer shall loose the right to withdraw from the Agreement. The Customer hereby declares that he or she has been informed that, having given his or her consent from the beginning of the provision of the Service until the end of the withdrawal period, he or she loses the right to withdraw from the Agreement.
The Customer shall check the functioning of the Service immediately after activation, and in case of any defect in the provided Service, unavailability of the Service, technical problem, the Customer shall notify the Provider by e-mail no later than 5 days from the day of activation of the Service, at: info@sweet.tv, otherwise the Service is considered verified, fully functional and meets the Customer's requirements. Should the Provider receives a written notification from the Customer within the specified period that the Service is not functioning or is faulty, the Provider ensures an immediate check of the functioning of the Service and elimination of the defect. If, during such a check, the Provider finds that the Service is functioning, the Customer is not entitled to a refund of the subscription.
The Provider shall have the right to unilaterally change the GTC and the Tariff by publishing new GTC or Tariffs or additions thereto, as well as to edit, change or cancel this type of Service and the prices for the Services specified in the Tariff. The Provider shall notify the Customer of any changes in the GTC and at the same time inform him or her of the right to withdraw from the Agreement.
Furthermore, the Provider shall have the right at any time to change the TV and radio programs offered as part of the Service, as well as to change their total number permanently or temporarily. The Provider shall not be obliged to notify the Customer about these changes separately and they are not considered a change in the GTC.
The Agreement also changes if the Customer chooses other types of Services when paying for the subscription, during the crediting and identification of the subscription payment to the Provider's bank account.
Article II
Terms of Use of the SWEET.TV Service
The SWEET.TV Service is a prepaid Service, which consists in the fact that the Customer purchases television packages (tariff plans) for the subscription period for the amount specified in the currently valid Provider's Tariff through the Customer's account on the Provider's website.
Only a person over the age of 18 can be a customer.
The content of the Service is available primarily in the country where the Customer's account is created and only in the geographic regions where the Provider offers the Service and has licensed the content of the Service. The available content may vary depending on the Customer's geographic location and may change from time to time. The number of devices on which the Customer can simultaneously receive the Service content depends on the selected Tariff plan and is specified in the Customer's Account.
The condition for providing the Service is to ensure the Customer's functional connection to the Internet, which must meet the minimum requirements for connecting to the Internet and installing the SWEET.TV application for the devices compatible with the service on which the Service will be used (e.g., Smart TV, smartphone, tablet, computer, etc.). Paid types of the Service will be connected to the Customer only under the condition of payment of the subscription for the pre-paid period in the amount and order according to the Tariff.
The image quality of the content may vary depending on the device and may depend on other factors such as location, bandwidth and/or speed of the Internet device, connection. Access to HD, Ultra HD and HDR is subject to the Internet speed and functionalities.
Not all content on the Service is available in all formats, such as HD, Ultra HD or HDR, and not all applications provide access to content in all formats. Mobile network settings do not include HD, Ultra HD or HDR content.
The minimum connection speed for SD is 1.0 Mbps. However, we recommend using a faster connection for better viewing. For HD quality (720p or higher), the minimum download speed is 3.0 Mbps per stream. For Ultra HD quality (4K or higher), a minimum download speed of 15.0 Mbps per stream is recommended.
The Customer shall be responsible for connecting to the Internet.
Limited content of the Service is available for temporary download and offline viewing on certain compatible devices (“Offline Products”). The Provider sets limits on the use of the Offline Products, including the number of Offline Products per account, the maximum number of devices with the Offline Products, the time during which the Offline Products can be viewed, and the storage time of the Offline Products. Some Offline Products may not be available in all countries, and if the Customer is connected to the Internet in a country where these Offline Products cannot be streamed, they will not be available for offline viewing in the country.
The Customer shall have the right to use the Service on registered devices under the conditions of the purchased subscription through the SWEET.TV application. The Customer shall have the right to change the equipment during the term of this Agreement.
The Service software may only be used for authorized streaming and viewing of the Service content on the devices compatible with the Service. This software may vary on different devices and media, as well as their features may vary. The use of the Service may require third-party applications that are offered under a third-party license. The Customer shall agree to receive automatic updates of the Service software and applicable third-party software.
The Service is intended exclusively for personal non-commercial use and may not be provided to persons outside the Customer's household.
The Customer shall use the Service in accordance with the current legislation, the Agreement and these GTC.
The Customer shall have no right to archive, reproduce, distribute, change, process, publish, give consent for its use to third parties, create derivative works, offer for sale, except for the cases stipulated by the Agreement and these GTC.
Moreover, the Customer shall agree not to bypass, delete, modify, disable, reduce or violate the protection of the content of the Service, not to use robots, scanners, malware or other automated methods to gain access to the Service, not to decompile, disassemble and not to disable the software and other products or processes available through the Service, not to insert code or product or in any way not to manipulate the content of the Service, not to use methods of extracting, collecting or obtaining data.
Moreover, the Customer shall agree not to upload, post, send electronic or other messages and not to transmit any material designed to disrupt, destroy or limit the functionality of software or hardware, as well as telecommunications equipment related to the Service, not including software viruses or other computer codes, files and programs.
The Customer shall be responsible for all steps he or she takes through his or her Customer account on the Provider's website, which he or she created during registration.
In order to control the account and prevent access by third parties, the Customer shall check the devices used to access the Service and not to disclose the password or other information about his or her account.
Promotions. The Provider shall have the right to offer special promotions or subscriptions (hereinafter referred to as the “Promotions”). The right to participate in the Promotion shall be determined at the discretion of the Provider. The Provider reserves the right to cancel the Promotion and block the Customer's account if the Provider finds that he or she is not eligible to participate in the Promotion. Family members with current or recently subscribed Services may not be eligible for certain Promotions. To determine eligibility for the Promotion, the Provider may use the device identifier, payment method, or email account information associated with a current or recent subscription to the Service. Eligibility criteria for participation in the Promotion and other restrictions, terms and conditions will be announced by the Provider at the time of registration for the Promotion or otherwise.
Electronic Communication. Communication between the parties will primarily take place in electronic form. The Provider will send information related to the account, such as payment authorization, invoice, change of password or payment method, confirmation message, notification, etc. exclusively in electronic form, e.g., in the form of an email to the address specified by the Customer during registration.
Customer Support. If the Customer wishes to receive additional information about the Provider's Services or needs any assistance regarding the use of its account or service, he or she shall contact the Provider at: info@sweet.tv. In some cases, the Customer Support team can effectively help with a remote access tool that provides full access to the Customer's computer. In the event that the Customer refuses to provide such access, the Customer Support team will offer to provide support in another appropriate way. Should there are any discrepancies between these GTC, information provided by the Customer Support team or through the Provider's website, these GTC shall prevail.
Article III
Subscription and Payment Terms
The Customer shall pay the subscription for the provided Services in the amount according to the Tariff valid on the day of the Service provision and one of the payment methods allowed by the Provider. The subscription expiration date is indicated in the Customer's account on the Provider's website in the payment details section.
The condition for providing the Service shall be the payment for the subscription.
The prices published in the Tariff are valid until the date of entry into force of the change in the Tariff or the new Tariff issued by the Provider.
The payment of the price for the provided Service or other payments in accordance with the terms of the Agreement means its crediting to the Provider's account.
The billing period shall be the same as the subscription period.
The Customer can configure the payment method on the Provider's website through the Customer's account. The Provider shall have the right to update payment methods based on information from payment service providers.
The payment for the subscription can be made in the form of an online payment (payment by credit card) in a manner permitted by the relevant payment gateway specified on the Provider's website, always during the next billing period. After paying the subscription for the first billing period in accordance with the previous section, the Agreement is considered concluded. If the prepayment is not credited to the Provider's account, the Agreement is not concluded and the Provider is not obliged to provide the Service to the Customer.
If the subscription is paid in the form of an online payment, after providing the relevant data (payment card number, expiration date, etc.), the payment service provider will automatically reuse these data to pay subsequent bills. The billing date is one day before the end of the subscription. If it is not possible to pay the subscription bill in accordance with the previous sentence (e.g., due to cancellation of the authorization of payments to the Customers or lack of funds), the Agreement is automatically terminated at the end of the billing period for which the subscription was paid.
If the Subscription Payment Agreement is concluded not by means of online payment, the Provider may require payment of an amount not less than the amount corresponding to the minimum subscription specified in the Agreement.
The Customer shall have no right to return the paid subscription due to non-use of the Service.
In case of termination of the Agreement by cancelling the subscription, the paid subscription will not be returned, and access to the Service will be preserved for the Customer until the end of the billing period. In this case, the Customer's account will be automatically closed on the date of the end of the current billing period. Detailed information on account cancellation is provided in the Customer's account on the Provider's website in the payment details section.
The parties agree that the Customer does not have the right to return the paid subscription in the event of termination of the Agreement by withdrawal from the Agreement by the Provider in connection with the violation of the Customer's contractual obligations, or if the Customer terminates the Agreement and the notice period expires before the expiration of the subscription.
Article IV
Termination of the Service and Blocking the Account
The Provider shall have the right to temporarily suspend or limit the provision of the Service and block the Customer's account in the event of the Customer's violation of the Agreement or these GTC for the period until the Customer fully fulfils all obligations or complete elimination of defects, especially in the following cases:
misuse of the Service by the Customer,
the Customer's debts after the due date for payment, which he or she does not pay even after prior notification and the futile expiration of the 15-day payment period,
use of the Service by the Customer not for personal purposes,
significant breach by the Customer of other obligations arising from the GTC.
In case of termination of the provision of Services in accordance with this clause, the Customer shall have no right to return the paid subscription, as well as to extend the subscription period for the period of interruption of the provision of the Service.
The Provider shall also have the right to unilaterally temporarily suspend or limit the provision of the Service:
for reasons of public safety or other public interests, cases of force majeure, by decision of the competent authority,
to carry out repairs and works necessary for operation, overhaul, maintenance or increase of network bandwidth or to avoid errors and failures in network operation,
in case of natural disaster and other unforeseen events.
In these cases, the Provider shall, as far as possible, notify the Customer in advance about the temporary suspension or limitation of the provision of the Service.
Article V
Liability for Faults. Return Policy
The Provider shall be liable to the Customer only for the failure of the Service, which consists in the failure of its own Service components due to a failure in the Provider's network or failure of the Provider's equipment.
The Provider shall not be liable for any defects in functionality or quality of the Service caused by the fact that the Internet connection used by the Customer does not meet the minimum connection requirements or for the defects caused by interruptions in the Internet connection. The claims arising in connection with the Internet connection defects are submitted by the Customer exclusively to the Internet connection provider.
The Provider shall also not be liable for the failures of the Service caused by power outages or force majeure circumstances (natural disaster, other unforeseen circumstances) or for the failures caused by the Customer in violation of his or her obligations under the Agreement or arising as a result of the Customer's misuse of the Service.
The Provider shall not be responsible for a decrease in the quality of the Service, if the cause of the decrease in quality is caused by broadcasters (program providers) whose services the Provider accepts.
The Customer shall inform the Provider about any fault of the Service immediately after its detection and to ensure cooperation in its elimination. The Customer shall report the faults by e-mail to info@sweet.tv. The Provider shall not be liable for the malfunction if it proves that, under the given circumstances, it has taken all reasonable steps to prevent or eliminate its occurrence or duration.
In the event of a failure for which the Provider is liable, it shall eliminate the failure as soon as possible, in other cases, the Provider determines a reasonable period according to the nature of the failure.
In the event of a failure for which the Provider is liable, the failure is eliminated free of charge. If the Customer is liable for the failure, the Provider will repair the failure for a separate fee according to the type and nature of the failure.
The Customer shall have the right to complain to the Provider about a defect in the Service (including claims regarding the volume or quality of the Service) or a defect in the billing of the price of the Service.
The complaints shall be submitted to the Provider by e-mail at info@sweet.tv. The complaint shall contain the identification data of the Customer provided at the conclusion of the Agreement, a brief description of the defect, in the case of a complaint about bills for the provided Service, the disputed amount and disputed period.
The Customer shall have the right to submit a complaint without undue delay, no later than within 30 days from the day of discovery of the defect/deficiency in the quality of the Service or delivery of the bill for the Service provided, otherwise the right becomes invalid. The complaints about the correctness of charging the price of the Services do not have a suspensive effect on the payment of the charged payment.
The Provider shall consider the complaint without undue delay, but no later than 30 days from the date of delivery of the complaint. In more complex cases, the Provider may extend this period, but for a maximum of 30 days, informing the Customer (in writing by post or e-mail) about the reasons before the end of the initial 30-day period. In case of failure to fulfil this obligation, the complaint is considered accepted.
If the Customer was unable to use the Service through no fault of his or her own due to malfunctions or service defects for which the Provider is responsible, the Customer shall have the right to return part of the subscription for the period from the date of delivery of the complaint to the Customer until the renewal of the Service, for each day on which the Customer could not use the Service during this period.
If the billed price causes damage to the Customer, the Provider shall return the difference in price no later than 30 days from the date of consideration of the complaint either in the form of a cancellation or in the form of a price advantage (discount) for further billing, unless otherwise agreed in writing.
If the Customer, who is a consumer, is not satisfied with the way the Provider has handled his or her complaint, or believes that the Provider has violated his or her rights, the Customer shall have the right to apply to the Provider for compensation.
If the Provider responded negatively to the application under the previous paragraph or did not respond within 30 days from the date of its receipt, the Customer shall have the right to submit a request to initiate an alternative dispute resolution to the alternative dispute resolution body in accordance with Law No. 391/2015 of the Code of Laws “On Alternative Resolution of Consumer Disputes and Amendments to Certain Laws”, which is the Office for the Regulation of Electronic Communications and Postal Services (https://www.teleoff.gov.sk/alternativne-riesenie-sporov/)
Article VI
Term of Validity and Termination of the Agreement
1. The Agreement is concluded for an indefinite period.
2. The Agreement shall be terminated:
by written agreement of the parties,
by cancellation of the subscription by the Customer through the Customer's account on the Provider's website or non-payment of the subscription; in this case, the Agreement is automatically terminated at the end of the billing period for which the subscription was paid,
by written notice,
by written refusal of the Agreement under the conditions established by law or these GTC,
due to death of a natural person or termination of activity of a legal entity without a legal successor.
The Customer may terminate the Agreement at any time for any reason or without reasons. In this case, the Agreement is terminated after the expiration of the notice period, which is one month and begins on the first day of the calendar month after the delivery of the notice, but not before the end of the billing period for which the Service was prepaid.
The Provider may terminate the Agreement if it can no longer provide the Service in the agreed scope or required quality due to the technical impossibility of further provision of the Service. If the Provider terminates the Agreement in connection with the update of the Service, which is connected with the termination of the provision of the Service, the Provider shall deliver to the Customer an offer to provide a different technical and price Service with the withdrawal from the Agreement.
The withdrawal from the Agreement shall be made in writing and delivered to the other party, otherwise it shall be invalid. In the case of a legal act executed using electronic means, the written form is kept only if the legal act allows for covering the content of the legal act and identifying the person who committed the legal act and at the same time signed with an enhanced electronic signature.
The Customer shall have the right to withdraw from the Agreement without penalties and without additional costs:
if there is a unilateral change of the GTC by the Provider. The Customer may exercise the right to withdraw from the Agreement within one month from the date of notification of such change; this does not apply if:
these are the changes that are exclusively for the benefit of the Customer,
the changes are exclusively administrative in nature,
the changes do not adversely affect the Customer, or
they derive from Law No. 40/1964 of the Code of Laws, the Civil Code.
If the Customer did not take advantage of this opportunity during the specified period, his or her inaction is considered consent to change the content of the contractual relationship.
if the Provider did not notify him or her of the change in the GTC at least one month in advance or did not notify him or her at least one month in advance of his or her right to withdraw from the Agreement, if he or her does not accept these changes, within one month from the moment he or she became aware of the change, but no later than three months from the moment of entry into force of the change of the GTC,
if the Provider does not provide the Service under the agreement or does not provide the same in the specified quality even after a repeatedly recognized complaint, within one month from the date of delivery of the notice of recognition of the Customer's repeated complaint, if the breach of the Provider's obligations continues, or
if the Provider does not notify the Customer about the result of the consideration of his or her complaint within the period established by law, within one month from the date of expiry of the notification period of the result of the consideration of the complaint.
The Provider shall have the right to withdraw from the Agreement and cancel the Customer's account if the Customer:
a) did not pay the cost of the provided Service even within 30 days after the due date,
b) repeatedly uses the Service in a way that makes it impossible for the Provider to control its use,
c) repeatedly violates or significantly violates the terms of the Agreement or the GTC, with a significant violation being an improper use of the Service, which consists in allowing the use of the Service contrary to its purpose or overcoming or attempting to overcome the means used to control the acceptance of the Service by authorized persons,
d) the data specified at the time of concluding the Agreement turn out to be false,
e) repeatedly abuses the Service or part thereof in violation of the law,
f) has begun liquidation process, or his or her assets have been declared insolvent or rejected due to lack of assets,
g) if the Provider cannot provide the Service in the agreed volume or quality due to the technical impossibility of further provision of the Service.
8. The legal consequences of the revocation take effect the day after the date of delivery of the revocation from the second Party to the Agreement.
Article VII
Final Provisions
The legal relationship between the Provider and the Customer shall be governed by the legislation of the Slovak Republic, and Slovak courts have jurisdiction to resolve disputes arising from the Agreement.
The Parties to the Agreement undertake to settle any disputes arising from the Agreement primarily out of court. The Customer shall have the right to contact the Office for the Regulation of Electronic Communications and Postal Services (www.teleof.gov.sk) in connection with the out-of-court settlement of any disputes arising from the Agreement or in connection with the activities of the Provider.
Legal relations not directly governed by the Agreement and these GTC shall be governed by relevant legal norms, in particular by Law No. 452/2021 of the Code of Laws “On Electronic Communications”, Law No. 308/2000 of the Code of Laws “On Communication and Rebroadcasting”, the Civil Code, the Commercial Code, etc.
These GTC shall enter into force from August 1, 2022
Bratislava, date 01.08.2022