• 1. Scope

• The following general terms and conditions are part of every contract between Telestark BV (hereinafter: provider) and the user of the provider's services. The beneficiaries of the service provider and those of the user are also bound by these general conditions.
  
  The provider offers the user the opportunity to access and use the content offered on the website via their paid mobile (cellular) device. The purpose of these general conditions is the set of provisions that must be established between the contracting parties in this regard.
  These terms and conditions apply exclusively to users in Switzerland.
  The provider provides its services solely on the basis of these general terms and conditions.
  
  The validity of these general terms and conditions extends to all services offered by the service provider on the website. By using the services of the provider, the user accepts these terms and conditions as binding on him.

• 2. Conclusion of the contract

• The presentation of the provider's services on the website does not constitute a binding offer by the provider, but merely an invitation to the user to submit an offer.
  
  The contract is concluded with the activation of the confirmation or play button displayed on the user's mobile device after calling a service of the provider and the subsequent definition of the terms and conditions of the services by the provider.
  
  The user can call and use all the services offered on the website via their mobile device immediately after setting the use option.
  
  The prices communicated to the user apply. These include the legal value added tax, are valid for the specified period and refer only to the granting of the possibility to use the services of the provider. The prices do not include connection costs related to access to the provider's services, which are billed to the user by his mobile operator.
  
  The fee payable by the user for the use of the supplier's services is due at the time of the conclusion of the contract and without deduction. These charges are collected by the user's mobile phone provider on behalf of the provider as part of normal billing.
  
  The user receives a non-exclusive and non-transferable right to use the services provided by the provider, limited in time to the duration of this contract and not limited in position.

• 3. Terms of payment

• The prices communicated to the user apply. These include the legal value added tax, are valid for the specified period and refer only to the granting of the possibility to use the services of the provider. The prices do not include the connection costs incurred for accessing the service provider's services which are billed to the user by his mobile operator.
  
  The fee payable by the user for the use of the supplier's services is due at the time of the conclusion of the contract and without deduction. These charges are collected by the user's mobile phone provider on behalf of the provider as part of the normal billing process.

• 4. Rights of use

• The user receives a non-exclusive and non-transferable right to use the services provided by the provider, limited in time to the duration of this contract and not limited in position.

• 5. Accessibility

• The service provider guarantees an availability of the services it provides of 99.5% on an annual average. If this accessibility is not given, the user can assert a right of reduction against the supplier. This is limited to the amount that the user had to pay under this agreement during the period when the guaranteed availability was not available.
  
  The provider designs its offer in accordance with the technical standards available on the market and therefore undertakes to ensure that the user can use the services of the provider. However, the service provider cannot guarantee that the services offered are accessible from all mobile devices available on the market.

• 6. Limitation of Liability / Disclaimer

• The supplier is liable for damages other than those to life, limb and health only if based on willful or grossly negligent behavior on the part of the supplier, its employees or its executive assistants. This also applies to damages resulting from non-fulfillment of obligations during contractual negotiations and the execution of illegal acts. one above