General Terms and Conditions for the use of MYTEL.IO
The term "MYTEL.IO" refers to the contractual service and/or Telio Communications GmbH, including the companies of the Telio Group and all companies for which the contractual services are provided.
By registering as a user on MYTEL.IO, you thereby accept the following General Terms and Conditions of MYTEL.IO (hereinafter referred to as the "GTCs").
MYTEL.IO provides the services of MYTEL.IO under the top-level domain mytel.io. All websites on which MYTEL.IO provides the services of MYTEL.IO are hereinafter collectively referred to as "MYTEL.IO websites".
These General Terms and Conditions (GTC) govern the contractual relationship between the user and MYTEL.IO, irrespective of which of the MYTEL.IO websites the user registers or logs in to.
The user shall conclude the contract for the use of the services of MYTEL.IO with Telio Communications GmbH, Postfach 57 04 01, 22773 Hamburg, Germany. Additional contact details, commercial registry information and the name of a person authorised to represent Telio Communications GmbH are all available in the "legal notice" section of the website. Telio Communications GmbH shall provide some of the MYTEL.IO services through affiliated companies and other companies of the Telio Group. Telio Communications GmbH shall provide some of the MYTEL.IO services on behalf of and/or through other companies that do not belong to the Telio Group.
The services offered by MYTEL.IO 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 MYTEL.IO websites.
1. Subject matter
1.1 The MYTEL.IO 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. In addition, registered users can send electronic messages ("emails") to inmates who have access to a MULT-IO terminal device and receive emails from these inmates as well as manage the email communications with one or several inmates in one mailbox.
1.2 MYTEL.IO does not provide the offered services in its own name in the Federal Republic of Germany. 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 MYTEL.IO 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 MYTEL.IO websites, with the exception of the options provided by MYTEL.IO, shall require the prior written consent of Telio Communications GmbH.
1.4 MYTEL.IO shall only process the data and/or information provided by the user and only transmit the emails created, sent and received via MYTEL.IO 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. MYTEL.IO shall be entitled to remove illegal content from the emails generated via the MYTEL.IO websites without prior notice.
1.5 The user acknowledges that one hundred per cent availability of the MYTEL.IO websites is not possible from a technical point of view. However, MYTEL.IO shall endeavour to keep the MYTEL.IO websites available as consistently as possible. In particular, maintenance, security or capacity issues as well as events beyond the control of MYTEL.IO, such as disruptions to public communication networks, power failures, etc., may lead to brief malfunctions or a temporary suspension of the services on the MYTEL.IO websites.
1.6 MYTEL.IO 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, MYTEL.IO is not involved in the communication between users and inmates. Should users conclude contracts with inmates via the MYTEL.IO websites, MYTEL.IO 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. MYTEL.IO 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 MYTEL.IO websites. Furthermore, MYTEL.IO shall not be liable for the breach of obligations by the users and/or inmates arising from any contracts concluded between these.
1.7 MYTEL.IO shall without undue delay transmit all funds that are paid into a Telio user account via the MYTEL.IO websites to the specified Telio user account. MYTEL.IO 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. MYTEL.IO 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, MYTEL.IO 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 MYTEL.IO websites.
1.8 Use of the services offered via the MYTEL.IO websites is currently free of charge. However, MYTEL.IO 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 MYTEL.IO services or to charge fees.
2. Registration, assurances during registration
2.1 Users must register in order to use individual MYTEL.IO services. Currently, only the use of email services requires prior registration. However, MYTEL.IO shall reserve the right, at any time and without prior notice, to make the use of additional or all MYTEL.IO 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 MYTEL.IO 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. MYTEL.IO 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 MYTEL.IO websites. MYTEL.IO accepts this offer by approving the user for the services offered on the MYTEL.IO websites. The contract between the user and MYTEL.IO 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, MYTEL.IO 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 MYTEL.IO is technically unable to determine with certainty whether a user or inmate registered on the MYTEL.IO websites is indeed the person that the user or inmate claims to be. Therefore, MYTEL.IO 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 MYTEL.IO 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 law (Section 13 of the German Civil Code):
3.1 Right of revocation
You have the right to withdraw from this agreement within the period of revocation without stating a reason.The period of revocation is fourteen days from the date on which the agreement was concluded.
In order to exercise your right of revocation, you must notify us (Telio Communications GmbH, Postfach 57 04 01, 22773 Hamburg; [fax no., e-mail address]) accordingly in an unequivocal statement (e.g. letter sent by post, telefax or e-mail) of your decision to withdraw from the agreement.
Sending notification of your intention to exercise your right of revocation before the period of revocation expires shall be sufficient to comply with the period of revocation.
3.2 Consequences of revocation
If you withdraw from this agreement, we are required to refund all payments that we have received from you without undue delay and within fourteen days at the latest from the date on which we received the notice of revocation. For this refund we use the same method of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
If you have requested our services to begin during the period of revocation, you are required to pay us for services already rendered the proportion of the total amount of remuneration which corresponds to the proportion of the services already rendered up to the point of revocation compared to the entire scope of services provided for in the agreement.
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 MYTEL.IO 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.
4.1.4 to refrain from the following harassing activities even if such do not violate any specific laws: sending chain letters, sending identical private messages to several inmates at the same time, communicating in an insinuating or sexually explicit/implicit manner
4.2 The user is prohibited from carrying out the following activities: using mechanisms, software or scripts in conjunction with the use of the MYTEL.IO websites. The user may, however, use the interfaces or software provided to him within the scope of the MYTEL.IO services offered on the MYTEL.IO websites; using encryption programmes, mechanisms or protocols; distributing and communicating content of the MYTEL.IO websites or emails from other users and/or inmates to the general public; any activity that would interfere with the functionality of the MYTEL.IO infrastructure, in particular, overloading it unduly.
5. Alteration of the services on the MYTEL.IO websites
MYTEL.IO shall reserve the right, at any time and without prior notice, to alter the services offered on the MYTEL.IO websites or to offer alternative services.
6. Termination of the contract, refund of payments made in advance
6.1 Both the user and MYTEL.IO 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 MYTEL.IO websites. When cancelling, the user name and the email address of the user registered for the purpose of using the MYTEL.IO websites must be stated.
6.2 Good cause shall be deemed to exist in particular for MYTEL.IO if it is unreasonable to expect MYTEL.IO to continue the contractual relationship after taking into consideration all circumstances of the individual case and weighing up the interests of MYTEL.IO 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, MYTEL.IO may also impose the following sanctions against the user, irrespective of a cancellation in accordance with Paragraph 6.2: Deletion of emails and email addresses and other data in the user’s mailbox, issuance of a warning or blocking of access to the services of the MYTEL.IO websites.
7. Responsibility for content, data and/or information of the users
7.1 MYTEL.IO shall accept no responsibility for email content, data and/or other information entered by the users of the MYTEL.IO websites. MYTEL.IO 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 MYTEL.IO 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 MYTEL.IO websites.
8. Customer service / support
The customer may communicate questions and clarifications regarding his contract with MYTEL.IO or the services of MYTEL.IO via the contact form accessible on each page of the MYTEL.IO websites or by fax or letter.
9. Liability on the part of MYTEL.IO
MYTEL.IO (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 MYTEL.IO and the insurer has paid compensation to MYTEL.IO. This is without prejudice to personal injury claims and property damage claims under the Product Liability Act.
10.1 The user shall indemnify MYTEL.IO against any claims, including claims for damages, which may be asserted by other users and/or inmates and/or other third parties against MYTEL.IO due to a violation of their rights as a result of the user using the services provided on the MYTEL.IO websites. Furthermore, the user shall indemnify MYTEL.IO against any claims, including claims for damages, which may be asserted by other users and/or inmates and/or other third parties against MYTEL.IO due to a violation of their rights resulting from the use of MYTEL.IO website services by the user. The user shall bear any reasonable expenses incurred by MYTEL.IO 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 MYTEL.IO.
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 MYTEL.IO websites by the user violate intellectual property rights of third parties, the user shall, at its own expense and at the discretion of MYTEL.IO, 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 MYTEL.IO websites, the user shall refrain from such use that is contrary to contract and/or illegal immediately upon being requested to do so by MYTEL.IO.
11. Data privacy
11.2 Whenever you visit or use any of the MYTEL.IO 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) to whom the email(s) were addressed or from whom the email(s) were received, 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.
11.3 MYTEL.IO advises its users that the sending of emails to and the receiving of emails from inmates is strictly subject to the communication control of the relevant prison. MYTEL.IO shall not guarantee and/or warrant or accept any liability for emails that are generated through MYTEL.IO websites actually reaching the inmate(s) or the user(s) to whom they are addressed. MYTEL.IO also expressly advises its users that the decision to stop or reject all or individual emails, which were generated via the MYTEL.IO websites, rests solely with the relevant prison.
11.4 MYTEL.IO expressly points out that email communication data transmitted via MYTEL.IO websites can be made available to third parties for content review and/or translation in accordance with the user's obligations under Paragraph 4.
11.5 MYTEL.IO 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. MYTEL.IO 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 MYTEL.IO 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 MYTEL.IO services shall be deemed an acknowledgement of the amended GTCs.
12.3 Unless agreed otherwise, the user may submit all and any declarations to MYTEL.IO by email using the contact form accessible on any of the MYTEL.IO websites or by fax or letter to MYTEL.IO. MYTEL.IO 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 Communications GmbH.
12.6 To the extent permissible by law, the place of jurisdiction shall be the registered office of Telio Communications GmbH.
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).
Hamburg, August 2009