GENERAL
TERMS AND CONDITIONS

Table of contents

Article 1 – Definitions

Article 2 – Applicability

Article 3 – Creation of 24Trains.tv Account

Article 4 – Offer of Subscriptions

Article 5 – Start of Subscription

Article 6 – Monthly Subscription

Article 7 – Fee

Article 8- Payment

Article 9 – Delivery and Performance

Article 10 – Conformity

Article 11 – Cancellation

Article 12 – Right of Withdrawal

Article 13 – Intellectual Property

Article 14 – Fair Use Policy

Article 15 – Social Media Conditions

Article 16 – Complaints Procedure

Article 17 – Dispute Settlement

Article 18 – Free Trial

Article 19 – Third Party Links

Definitions

Article 1

What is meant in these terms with:

Subscribers:
Consumers that have purchased a Subscription.

Subscription:
An Agreement relating to a series of products and/or services, for which the Delivery and purchase obligations extend over a period of time.

Consumer(s):
Private individual who is not acting in the conduct of a profession or a business.

Day:
Calendar day

Durable Data Base:
Any means that enables the Consumer or Entrepreneur to store information personally addressed to him in a way which makes future consultation and unaltered reproduction of the information possible.

Right of Withdrawal:
The possibility for the Consumer to change his mind regarding the Contract within a specific period of time.

24Trains.tv Network Account:
The Account that gives the Consumer access to 24Trains.tv’s online services.

Delivery:
The disposal of the agreed services to the Consumer by the Entrepreneur, after the Consumer and Entrepreneur have entered into the Agreement.

Entrepreneur:
24Trains Ltd., registered at Catharina van Renneslaan 12, 1217 CX, Hilversum, The Netherlands.

Agreement:
An agreement whereby – within the framework of a long-distance sales system organized by the Entrepreneur for the purpose of selling goods and/or services, up to and including signing the agreement – only one or more Techniques for long-distance communication are used.

Technique for long-distance communication:
A means to be used for concluding an Agreement, without the Consumer and the Entrepreneur being together in the same place at the same time.

 

Applicability

Article 2

These General Terms and Conditions apply to any offer from the Entrepreneur and to any agreement concluded between the Entrepreneur and the purchaser of 24Trains.tv’s online services.

These General Terms and Conditions will be sent to the Consumer electronically as upon the latter’s request.

The Entrepreneur reserves the right to modify these General Terms and Conditions at all times.

In the event of a change, the new General Terms and Conditions apply for future Subscribers with immediate effect.

For current Subscribers, the new General Terms and Conditions apply from the following calendar month.

If a provision in these General Terms and Conditions loses its legal binding force in any manner, it shall be replaced by a provision that approximates the intent of the original provision as close as possible in terms of purpose and scope and subject to the law.

If a provision in these General Terms and Conditions loses its legal binding force in any manner, the rest of these General Terms and Conditions shall continue to apply in full.

Creation of 24Trains.tv Network Account

Article 3

The data to be provided when creating an Account must be complete and correct.

It is not allowed to create an account in the name of another person or to take on a false identity.

The Consumer shall keep his Username/login code and password in strict confidence.

The Consumer is fully responsible and liable for every use of his Username/login code and password and for all actions undertaken via his account. The Consumer will inform the Entrepreneur immediately if he suspects that his Username/login code, password and/or identity are unlawfully used. In that case, the Entrepreneur is entitled to take all the steps considered necessary to protect his services and the other Consumers and the Consumer will give his full cooperation.

The Entrepreneur reserves the right to refuse an account, remove it or block access to an account either temporarily or permanently.

Creation of Subscriptions

Article 4 – The Offering

The Subscriptions are only offered to Consumers and cannot be purchased by companies. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

Obvious errors or mistakes in the offer are not binding for the Entrepreneur.

 

Article 5 – Activation of Subscription

The Subscription will be activated after:
the Consumer has accepted the offer by:

creating an account;
selecting a Subscription and

providing all the necessary (payment) data;
the Consumer complies with the conditions stipulated and the Entrepreneur has sent the confirmation of the activation of the Subscription.

Immediately after the Subscription has become active, the Consumer can make use of its services.

Before activating the Subscription, the Entrepreneur is entitled to find out – within legal frameworks – if the Consumer can meet the payment obligations, as well as inquire after all the facts and factors that are of interest to a responsible entering into the Agreement. If the Entrepreneur, based on this inquiry, has good reasons not to activate the Subscription, the Entrepreneur is entitled to refuse an admission by the Consumer or attach special conditions to it.

By taking out the Subscription, the Consumer declares to have already reached the age of 18 (eighteen) at the time of the activation of the Subscription.

Types of Subscriptions

Article 6

After the ‘Free Trial’ period, a monthly subscription will be automatically renewed for an indefinite period of time. The consumer can cancel at any moment. For this, a maximum notice period of one month is observed by the Entrepreneur.

At the end of the 1-year contract period, an annual Subscription will automatically be converted into a monthly Subscription for an indefinite period of time. For this, a maximum 1-month cancellation period will be applied by the Entrepreneur.

Fee

Article 7

The Entrepreneur reserves the right to change the fee of the Subscriptions at all times.

The new fee applies with immediate effect for future Subscribers, but shall only go into effect for current Subscribers as of the following calendar month.

The prices stated in the selection of products or services include VAT.

Payment

Article 8

When taking out a yearly subscription, the Consumer is obliged to immediately meet his payment obligations through the payment methods offered.

The payments for the monthly subscriptions will be withdrawn via direct debit.

The Consumer is obliged to immediately report any inaccuracies in the supplied or mentioned information to the Entrepreneur.

In the case of inaccuracies in the data provided by the Consumer and/or infringement of the notification obligation mentioned in the previous paragraph, the Entrepreneur reserves the right to (temporarily) block the 24Trains.tv Network Account or cancel the Subscription.

In the event of a default of the Consumer, the Entrepreneur – subject to legal restrictions – reserves the right to charge the Consumer the related extra costs (collection expenses, among others).

In the event of a default of the Consumer, the Entrepreneur reserves the right to (temporarily) block the 24Trains.tv Network Account and/or cancel the Subscription.

Delivery and Performance

Article 9

The Entrepreneur will take all due care when evaluating requests for the delivery of services.

By taking out a Subscription, the Consumer explicitly agrees with the fact that the Provision of the services will take place immediately and so will go into effect before the Consumer’s reflection period has passed.

Immediately after the activation of the Subscription, the Entrepreneur shall make the online services 24Trains.tv available to the Consumer.

If immediate Delivery is not possible as a result of conditions beyond his reasonable control, the Entrepreneur will proceed with the Delivery of the requested services at the latest within 30 days, unless a longer delivery period has been agreed upon.

If the Delivery of the services is delayed, or if the Delivery of the service cannot be carried out or carried out properly, the Consumer will be notified of this at the latest within 30 days after concluding the Agreement.

Conformity

Article 10

The Entrepreneur shall ensure as much as possible that the offered services are available at all times.

It is an inherent feature of the services that the Entrepreneur offers – that is: online services – that situations may arise (such as a technical or power failure, not exhaustive) that (temporarily) render unavailable (a part of) the services to the Entrepreneur.

The Entrepreneur can under no circumstances be held liable for (consequential) damages suffered by the Consumer or a third person because the services offered by the Entrepreneur are (temporarily) unavailable.

Cancellation

Article 11

The Consumer can cancel his monthly subscription at all times by the end of the Subscription. In that case, the monthly subscription will not automatically be renewed.

Every month, the Consumer can cancel his Subscription for an indefinite period of time.

The Consumer can cancel his yearly Subscription at all times. In this case, the annual Subscription will not automatically be converted into a monthly Subscription at the end of the contract period.

Giving notice of cancellation shall be done by terminating the current Subscription on the Consumer’s 24Trains.tv Network Account under the ‘profile page’.

Right of Withdrawal

Article 12

The Right of Withdrawal does not apply to the Subscriptions on offer now that the services that these Subscriptions relate to – that is: online services – can be considered services of which the Delivery has started before the reflection period has ended.

When taking out a Subscription, the Consumer explicitly agrees with the immediate Delivery of the online services and waives his right of withdrawal.

Intellectual Property

Article 13

All rights of intellectual property relating to the website and the online platform remain with the Entrepreneur and/or his partners and are under no circumstances transferred to the Consumer.

The Consumer is not allowed to remove or change brand or identification marks and/or any indications regarding copyrights, trade names or other rights of intellectual property, nor shall he change or copy above-mentioned materials or any parts thereof nor harm in any way or take unfair advantage of the reputation of the intellectual property rights of the Entrepreneur and/or his partners.

In case of a breach of the Entrepreneur’s and/or his partners’ intellectual property rights by the Consumer, the Entrepreneur reserves the right to (temporarily) block the 24Trains.tv Network Account and/or terminate the Subscription and fully recover the (consequential) damages suffered by him and/or his partners from the relevant Consumer.

Fair Use Policy

Article 14

If a Consumer – in the reasonable opinion of the Entrepreneur – makes excessive use of the Entrepreneur’s services, the Entrepreneur can request the Consumer to lessen his use.

If the Consumer fails to comply to the Entrepreneur’s request to lessen the use, the Entrepreneur reserves the right to (temporarily) block the 24Trains.tv Network Account and/or terminate the Subscription.

Furthermore, the Entrepreneur reserves the right to (temporarily) block the 24Trains.tv Network Account and/or terminate the Subscription when the Consumer takes advantage of the delivered services and/or uses them in a way that they were not intended to be used. This would include, for example, exhibiting in the public domain, downloading, uploading, sharing of and infringing upon the intellectual property rights of the online content. This would include, for example, exhibiting in the public domain, downloading, uploading, sharing of and infringing upon the intellectual property rights of the online content.

The Entrepreneur also reserves the right to fully recover the (consequential) damages suffered by the Entrepreneur and/or his partners from the relevant Consumer.

Social Media Conditions

Article 15

If the Consumer does not wish to have information about him/her and/or information about the viewed programs shared via social media, the Consumer should not use the social functions.

The social media conditions also apply to the embedded hyperlinks that are only available through the Entrepreneur’s website.

When reading these conditions for social media on devices that are suitable for services delivered by the Entrepreneur (for example, smartphones), the Entrepreneur’s website may have to be visited to view the additional terms.

The Entrepreneur shall not automatically share the Consumer’s activities – such as the viewing of shows – via social media functions.

The Consumer can decide at his/her discretion to share with his/her friends/followers on social media what he/she has viewed. The Consumer can do this via the ‘share button’.

Complaints Procedure

Article 16

Complaints about the execution of the Agreement need to be communicated fully, frankly and promptly to the Entrepreneur, after the Consumer has observed the defects.

Complaints that have been filed with the Entrepreneur will be answered within 14 days from the date that the complaint was received. Should a complaint demand a foreseeably longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the Consumer can expect a more detailed reply.

If the complaint cannot be settled in mutual agreement it becomes a dispute to which a dispute settlement may apply.

Dispute Settlement

Article 17

The Agreements – between the Entrepreneur and the Consumer – to which these general conditions apply, are governed exclusively by Dutch law.

In the event of disputes between the Entrepreneur and the Consumer, the Court of Amsterdam – with due observance of the law – will have sole jurisdiction.

Free Trial

Article 18

The membership at 24Trains.tv can start with a free trial period as long as has been indicated at the registration. During this period, new Subscribers have the opportunity to try out the service.

The monthly membership fees will be charged at the end of the free trial period via the payment method indicated by the Consumer, unless the Consumer terminates the Subscription before the end of the free trial period. The Consumer can find the final date of the free trial period on his/her profile page.

When providing his/her Payment Method, the Consumer should let his payment details be verified. To verify the Payment Method, the Consumer authorizes the Entrepreneur to withdraw € 0,02 from his/her account once.

The Consumer is entitled to make use of the free trial period once. By accepting the general terms and conditions, the Consumer agrees to not use multiple names, addresses, email addresses or other ways in order to request a free trial period more than once. When this condition is not adhered to, the Consumer’s Account will be terminated immediately.

Third Party Links

Article 19

Certain content, products and services that are available through our terms and conditions can contain third-party material.

Third Party Links on this site can refer to third party websites that are not affiliated with us. 24Trains.tv are not responsible for investigating or evaluating the content or accuracy and we give no guarantee and are not liable or responsible for materials or websites from third parties, or for other third-party materials, products or services.

24Trains.tv will not be held liable for any losses that are related to the purchase or use of any goods, services, means, content or other transactions executed in relation to third-party websites. Please read the policy and practices of third parties with care and make sure you understand them before you undertake any transaction. Complaints, claims, concerns or questions relating to products from third parties must be addressed to the third party.