General Terms and Conditions for the use of MyTelio
The term "MyTelio" refers to the contractual service and/or Telio Nederland BV, including the companies of the Telio Group and all companies for which the contractual services are provided.
By registering as a user on MyTelio, you thereby accept the following General Terms and Conditions of MyTelio (hereinafter referred to as the “GTCs").
MyTelio provides the services of MyTelio under the top-level domain MyTelio. All websites on which MyTelio provides the services of MyTelio are hereinafter collectively referred to as "MyTelio websites".
These General Terms and Conditions (GTC) govern the contractual relationship between the user and MyTelio, irrespective of which of the MyTelio websites the user registers or logs in to.
The user shall conclude the contract for the use of the services of MyTelio with Telio Nederland BV, Postbus 10, 1000 AA, Amsterdam, The Netherlands. Additional contact details, commercial registry information and the name of a person authorised to represent Telio Nederland BV are all available in the "legal notice" section of the website. Telio Nederland BV shall provide some of the MyTelio services through affiliated companies and other companies of the Telio Group. Telio Nederland BV shall provide some of the MyTelio services on behalf of and/or through other companies that do not belong to the Telio Group.
The services offered by MyTelio are aimed exclusively at persons of legal age.
The user can access, print or download these GTCs at any time, even after signing the contract, using the "GTC" link accessible from each of the MyTelio websites.
1. Subject matter
1.1 The MyTelio websites offer users the option of making online payments to a Telio user account held by inmates who have access to a MULT-IO or PHON-IO terminal device.
1.2 It acts solely as a service provider for prisons that offer their inmates access to MULT-IO terminal devices and PHON-IO terminal devices. In Austria and Poland, the services of MyTelio as a service provider are rendered for inmates who have signed a contract regarding the use of MULT-IO or PHON-IO terminal devices.
Any use of the services and content offered by the MyTelio websites, with the exception of the options provided by MyTelio, shall require the prior written consent of Telio Nederland BV.
1.4 MyTelio shall only process the data and/or information provided by the user via MyTelio to the extent that such data and/or information and /or email content does not violate any legal regulations, in particular the penal laws of the regional government authorities, or these General Terms and Conditions. MyTelio shall be entitled to remove illegal content from the emails generated via the MyTelio websites without prior notice.
1.5 The user acknowledges that one hundred per cent availability of the MyTelio websites is not possible from a technical point of view. However, MyTelio shall endeavour to keep the MyTelio websites available as consistently as possible. In particular, maintenance, security or capacity issues as well as events beyond the control of MyTelio, such as disruptions to public communication networks, power failures, etc., may lead to brief malfunctions or a temporary suspension of the services on the MyTelio websites.
1.6 MyTelio merely offers users a platform in order to make use of the offered services and for this purpose only provides technical applications that make use thereof possible within the framework of applicable laws. With the exception of monitoring for illegal content, MyTelio is not involved in the communication. Should users conclude contracts with inmates via the MyTelio websites, MyTelio shall not be deemed to be involved therein and will under no circumstances be regarded as a contractual partner. Users and inmates shall be solely responsible for the conclusion and performance of any contracts. MyTelio shall not be liable in the event that, in relation to such a contract, no contact is established between the users and inmates concerned via the MyTelio websites. Furthermore, MyTelio shall not be liable for the breach of obligations by the users and/or inmates arising from any contracts concluded between these.
1.7 MyTelio shall without undue delay transmit all funds that are paid into a Telio user account via the MyTelio websites to the specified Telio user account. MyTelio shall acquire no rights whatsoever to these funds and shall accept no further obligations other than transmission without undue delay. The Telio user accounts shall be settled exclusively and solely with the relevant inmates. Claims by users are excluded. MyTelio shall accept no responsibility for any user input errors or for any acts, actions or omissions on the part of inmates in relation to the Telio user account. In particular, MyTelio shall offer no guarantee that the Telio user account stated in the online transfer is allocated to the inmate in whose favour the online transfer is to be made. Users are exclusively and solely responsible for specifying the correct Telio user account if they make use of the services of the MyTelio websites.
1.8 Use of the services offered via the MyTelio websites is somestimes free of charge. MyTelio shall reserve the right, at any time and without prior notice, to charge for any individual or all services offered and to ask a price for the use of individual or all MyTelio services or to charge fees.
2. Registration, assurances during registration
2.1 Users must register in order to use individual MyTelio services. However, MyTelio shall reserve the right, at any time and without prior notice, to make the use of additional or all MyTelio services subject to prior registration.
2.2 The user guarantees that all the data provided by him upon registration is truthful and complete. The user shall be obligated to inform MyTelio of any changes in the user’s data without undue delay. The use of pseudonyms or stage names is expressly prohibited. Any violation of this obligation shall result in the immediate termination of the user relationship without notice and the deletion of any stored data, files, emails and all information held for the relevant user.
2.3 The user guarantees that he is of legal age at the time of registration.
2.4 The user shall select a password upon registration. The user shall be obligated to keep his password secret. MyTelio shall not forward the password to third parties and will never ask the user for his password.
2.5 By completing the registration process, the user submits an offer to conclude the contract regarding the use of the services offered on the MyTelio websites. MyTelio accepts this offer by approving the user for the services offered on the MyTelio websites. The contract between the user and MyTelio is formed through this acceptance.
2.6 Each user may only register once and may only create one user profile. Should this provision be violated, MyTelio shall reserve the right to immediately terminate the user relationship without notice and delete any stored data, files, emails and all information held for the relevant user.
2.7 MyTelio is technically unable to determine with certainty whether a user or inmate registered on the MyTelio websites is indeed the person that the user or inmate claims to be. Therefore, MyTelio cannot guarantee the actual identity of a user and/or inmate. Each user or inmate must therefore assure himself of the identity of an inmate or user.
3. Right of revocation for consumers
If the user is registered with MyTelio for a purpose other than their professional or independent occupational activity, the following provisions shall apply to the user as a consumer as defined in Dutch law:
3.1 Right of revocation
The user may revoke his registration on the MyTelio websites in text form (e.g. by letter, fax or email) within two (2) weeks without stating a reason. This period shall commence upon approval of membership by MyTelio, at the earliest however upon receipt of this notification.
In each of the aforementioned cases, the timely despatch of the notice of revocation shall be deemed sufficient for complying with the revocation period. In each of the aforementioned cases, the notice of revocation may be sent by post to Telio Nederland BV, Postbus 10, 1000 AA, Amsterdam, The Netherlands. The notice of revocation may also be sent via the contact form accessible on each page of the MyTelio websites or by fax or email to MyTelio. The fax number and email address of MyTelio shall be sent to the user per email after registration. These details may also be found under Service Center.
The termination rights of the user in accordance with Paragraph 6 shall remain unaffected by the revocation right of the user in accordance with this Paragraph 3.
3.2 Premature expiry of the right of revocation
The revocation right of the user shall expire pursuant to Dutch Law prior to expiry of the two-week revocation period in accordance with Paragraph 3.1,
(i) if MyTelio has commenced providing the MyTelio services for which the user has registered with the express consent of the user, or
(ii) if the user has initiated the provision of the MyTelio services for which the user has registered (e.g. by using the services of MyTelio).
3.3 Consequences of revocation
In the event of a valid revocation, the goods and services received by both parties shall be returned in the context of the legal regulations and any benefit derived therefrom (e.g. interest) shall be refunded. If the user is unable to return the goods and services received to MyTelio, or if he is only able to return them in part or in a deteriorated condition, the user must compensate MyTelio for any deterioration in value, if applicable. All payment obligations must be fulfilled by the user within 30 days after sending his notice of revocation.
4. Duties and obligations on the part of the user
4.1 The user shall be obligated,
4.1.1 to only state details that are truthful and not misleading for purposes of registration, during use, and in communication with inmates, and not to use any pseudonyms or stage names,
4.1.2 to comply with applicable laws and to observe all third-party rights when using the contents and services on the MyTelio websites. The user shall, in particular, not be permitted to use pornographic content or content that violates laws governing the protection of minors, or to advertise, offer or sell pornographic products or products that violate laws governing the protection of minors, to harass inmates to an unreasonable extent, in particular with spam, to use content that is protected by law (e.g. by copyright, trademark law, patent, design patent or utility patent) without being authorised to do so, or to advertise, offer or sell goods or services that are protected by law, to carry out or promote any anti-competitive activities, including progressive customer acquisition measures such as chain, snowball or pyramid schemes, to send emails in any other language other than German and to encrypt emails or send encrypted messages by email.
4.2 The user is prohibited from carrying out the following activities: using mechanisms, software or scripts in conjunction with the use of the MyTelio websites. The user may, however, use the interfaces or software provided to him within the scope of the MyTelio services offered on the MyTelio websites; using encryption programmes, mechanisms or protocols; distributing and communicating content of the MyTelio websites or emails from other users and/or inmates to the general public; any activity that would interfere with the functionality of the MyTelio infrastructure, in particular, overloading it unduly.
5. Alteration of the services on the MyTelio websites
MyTelio shall reserve the right, at any time and without prior notice, to alter the services offered on the MyTelio websites or to offer alternative services.
6. Termination of the contract, refund of payments made in advance
6.1 Both the user and MyTelio may cancel the registration at any time without stating a reason. The registration may be cancelled via the contact form accessible on each page of the MyTelio websites. When cancelling, the user name and the email address of the user registered for the purpose of using the MyTelio websites must be stated.
6.2 Good cause shall be deemed to exist in particular for MyTelio if it is unreasonable to expect MyTelio to continue the contractual relationship after taking into consideration all circumstances of the individual case and weighing up the interests of MyTelio and the user. The following occurrences in particular constitute good cause: If the user and/or inmates fail to comply with statutory provisions, if the user and/or inmates violate any penal law regulations, if the user and/or inmates instigate the planning or commitment of criminal acts, if the user is in breach of any contractual obligations, in particular those stipulated in Paragraphs 2 and 4 of these GTCs, if the user promotes associations or alliances, or their methods or activities, that are under observation by security or youth protection authorities, if the user causes damage to one or more other users and/or inmates or if the user is a member of a sect or other disputed religious community in Germany.
6.3 In an event of good cause as set forth in Paragraph 6.2, MyTelio may also impose the following sanctions against the user, irrespective of a cancellation in accordance with Paragraph 6.2: issuance of a warning or blocking of access to the services of the MyTelio websites.
7. Responsibility for content, data and/or information of the users
7.1 MyTelio shall accept no responsibility for data and/or other information entered by the users of the MyTelio websites. MyTelio shall, in particular, provide no warranty that such content, data and/or other information is truthful, fulfils a specific purpose or may serve such a purpose.
7.2 If a user and/or inmate becomes aware of any use of the MyTelio websites that is either illegal or contrary to contract (including the use of pseudonyms or false identities), he may report this via the contact form accessible on each page of the MyTelio websites.
8. Customer service / support
The customer may communicate questions and clarifications regarding his contract with MyTelio or the services of MyTelio via the contact form accessible on each page of the MyTelio websites.
9. Liability on the part of MyTelio
MyTelio (and its vicarious agents) shall only be liable for damages - irrespective of legal basis - due to simple negligence if a material contractual obligation has been breached. However, in this case, the liability for damages shall be limited to foreseeable, typical damage.
These restrictions shall not apply if the damage is covered by the business liability insurance of MyTelio and the insurer has paid compensation to MyTelio. This is without prejudice to personal injury claims and property damage claims under the Product Liability Act.
10.1 The user shall indemnify MyTelio against any claims, including claims for damages, which may be asserted by other users and/or inmates and/or other third parties against MyTelio due to a violation of their rights as a result of the user using the services provided on the MyTelio websites. Furthermore, the user shall indemnify MyTelio against any claims, including claims for damages, which may be asserted by other users and/or inmates and/or other third parties against MyTelio due to a violation of their rights resulting from the use of MyTelio website services by the user. The user shall bear any reasonable expenses incurred by MyTelio as a result of any such violation of third-party rights, including any reasonable legal defence costs. This shall be without prejudice to any further rights, including claims for damages on the part of MyTelio.
The foregoing obligations of the user shall not apply if the user bears no responsibility for the violation.
10.2 Should the use of services provided via the MyTelio websites by the user violate intellectual property rights of third parties, the user shall, at its own expense and at the discretion of MyTelio, obtain the right to use said content or ensure that the content does not violate any intellectual property rights. Should the user violate third-party rights by using the services of MyTelio websites, the user shall refrain from such use that is contrary to contract and/or illegal immediately upon being requested to do so by MyTelio.
11. Data privacy
11.2 Whenever you visit or use any of the MyTelio websites, the following data will be recorded and stored: name of the individual pages accessed, the browser used, the operating system and the requesting domain, date and time of access, duration of use, search engines used, name of the inmate(s) and the user account number(s) in whose favour the online transfers are made and the IP address of the user.
11.5 MyTelio expressly points out that the payment of funds to a Telio user account does not mean that the inmate concerned will actually be able to use this credit. The use of the MULT-IO and PHON-IO terminal devices is exclusively subject to the provisions, regulations and instructions of the relevant prison. MyTelio shall not guarantee and/or warrant or accept any liability for inmates being permitted and/or allowed to use the credit on their respective Telio user account.
12. Final provisions
12.1 The contract and any amendments to this contract must be made in writing. There are no side agreements.
12.2 MyTelio shall reserve the right to alter these General Terms and Conditions at any time without notice and/or without stating any reasons. If the user does not raise any objections to the amended GTCs within six (6) weeks after acknowledging the amendment, the amended GTCs shall be deemed to have been accepted by the user. Any use of MyTelio services shall be deemed an acknowledgement of the amended GTCs.
12.3 Unless agreed otherwise, the user may submit all and any declarations to MyTelio by email using the contact form accessible on any of the MyTelio websites or by fax or letter to MyTelio. MyTelio may send declarations to the user by email, fax or letter to the addresses specified by the user as current contact data in his user account.
12.4 Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected thereby.
12.5 The place of performance shall be the registered office of Telio Nederland BV.
12.6 To the extent permissible by law, the place of jurisdiction shall be the registered office of Telio Nederland BV.
12.7 These General Terms and Conditions shall be governed by the laws of the Federal Republic of Germany to the exclusion of the regulations governing international civil law and the UN Convention on the Sale of Goods (CISG).
Amsterdam, december 2013