General Terms and Conditions for myTelio
1. Scope of applicability
1.1 Services offered via the myTelio website or the myTelio app (hereinafter "myTelio", with such services hereinafter being referred to as "myTelio Services") can be used by consumers to communicate with inmates of prisons and to receive prepaid credit for use themselves or by the inmates. The myTelio Services will in each case be offered to the consumer by the Telio Group company (hereinafter the "National Subsidiary") that has its registered office in the country in which the inmate's prison is located. A list of the National Subsidiaries can be found attached to these GTC’s. Telio Management GmbH provides myTelio on behalf of the National Subsidiaries.
1.2 These General Terms and Conditions (hereinafter referred to as the "GTCs") apply to all contracts concluded between the relevant National Subsidiary and you as a customer for the use of the myTelio Services that are offered via myTelio.
1.3 The myTelio Services are only offered to consumers. A consumer is any natural person who enters into a legal transaction for purposes which cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who/which, when concluding a legal transaction, does so in his/her/its commercial or professional capacity.
1.4 The version of the GTCs valid at the time of registration of the myTelio Account (section 2) shall be decisive. If myTelio Services can be used without registering and opening a myTelio Account, the version of the GTCs valid at the time you order the relevant myTelio Service shall be decisive.
2. Registering a MYTELIO ACCOUNT
2.1 With the exception of the myTelio Service "Individual top-ups of prepaid credit to a Telio Inmate Account" (on this, see the Specification of Services) (section 3.1.4), it is necessary to open a myTelio Account in order to be able to use the myTelio Services. Registering and opening a myTelio Account is free. Costs are only incurred when using chargeable myTelio Services (section 3). To register, please fill out the registration form provided on myTelio.
2.2 Mandatory information is marked as such in the registration form. If these are not filled in, it may not be possible to complete registration.
2.3 Any data entered incorrectly during the registration process can simply be deleted and corrected.
2.4 By submitting the registration form by clicking the "Create" button, you are making an offer to the National Subsidiary concerned to register and create a myTelio Account.
2.5 There is no right to be registered. The National Subsidiary is entitled to reject applications for registration without giving reasons. In this case, the National Subsidiary will inform you of this and delete the data sent to it during registration.
2.6 Registration is only permitted if you are of legal age and have unrestricted legal capacity. Minors are not allowed to register.
2.7 After the data requested during registration has been entered, it is checked for completeness and plausibility. If the information is correct from the perspective of the National Subsidiary and there are no other concerns from the perspective of the National Subsidiary, the account will be activated and you will receive a corresponding message. The contract for the use of myTelio Services via the myTelio Account (hereinafter referred to as the "myTelio Account User Contract") comes into effect upon activation of the myTelio Account.
2.8 The text of the contract will not be saved, but you will be provided with a confirmation of the content of the contract on a permanent data carrier before execution of the service can be started. The myTelio Account User Contract constitutes a framework agreement under which you can make use of free and chargeable myTelio Services, as detailed in section 3.
3. mytelio services and their use
3.1 Topping up pre-paid credit
3.1.1 myTelio enables you to top up prepaid credit for an inmate as well as prepaid credit for your myTelio Account in order to use myTelio Services that you have to pay for. These top-ups are executed via an external payment service provider. If prepaid credit is to be topped up for an inmate, the inmate in question must have a Telio user account (“Telio Inmate Account”).
3.1.2 The amount of prepaid credit that is linked to your myTelio Account is limited to a certain maximum amount depending on the country in which you habitually reside. The exact thresholds can be found in the Specification of Services (section 3.1.4).
3.1.3 Topping up prepaid credit via myTelio is subject to a charge (on this, see section 3.4). The costs represent a fee for the service of crediting the relevant account, which arises regardless of the payment method used or the payment service provider. Credit top-ups via myTelio to Telio Inmate Accounts or myTelio Accounts are not automated, but are carried out through individual allocation by service staff. This represents a service for which a fee may be charged. The amount of the fee is displayed when the prepaid credit is topped up.
3.1.4 Prepaid credit for using the myTelio Services can be replenished on a one-time basis, on a recurring basis, or in the form of a top-up. For more details on this and the individual steps involved in topping up the prepaid credit, please refer to the Description of Services. By clicking the button "Place binding order", you are making a binding offer to the National Subsidiary to top up the relevant account (your myTelio Account or the Telio Inmate Account) with the corresponding amount. You will receive confirmation of receipt of your submitted order immediately by email.
3.1.5 Your offer is subject to the condition that the applicable maximum amounts for topping up prepaid credit are not reached. This means that the myTelio site will only allow you to choose amounts that fall within the applicable maximum amounts that can be topped up to your myTelio Account or the Telio Inmate Account at that time. You are free to choose any amount that falls within the maximum amount available to you. After submitting your offer, you will be automatically redirected to the website of the external payment service provider. The contract for topping up the relevant account is concluded before the prepaid credit is topped up. The acceptance of your offer by Telio is subject to the condition precedent that the external payment service provider confirms your solvency and carries out the payment service, and that the maximum limit of the relevant myTelio Account or the relevant Telio Inmate Account has not been reached due to top-ups by third parties. Any excess amounts that have been transferred will be reverse transacted by our external payment service provider.
3.1.6 The credit sent via myTelio portal becomes the credit of the inmate and is treated as funds in his account upon release.
3.2 Additional myTelio Services via the myTelio Account
3.2.1 Subject to sections 3.2.2 to 3.2.4, you can use your myTelio Account to make use of other myTelio Services listed in the Specification of Services (section 3.1.4).
3.2.2 If you have to pay for such an additional myTelio Service, your myTelio Account must be topped up with prepaid credit in order to be able to avail of the service.
3.2.3 The provision of individual myTelio Services depends on the country in which the inmate's detention centre is located and, in some cases, on separate regulations of the relevant institution. Therefore, not all myTelio Services can be offered in all countries and for all institutions.
3.2.4 Communication by and with inmates is subject to special laws in the country in which the institution is located. In this sense, communication with the inmate can be prohibited, restricted or monitored by special laws. The myTelio Services are therefore subject to the proviso that they are permitted in the individual case in question by special legal regulations. It is also pointed out that communication with the inmates may be subject to monitoring due to special legislation.
3.3 Changes to the myTelio Services
The National Subsidiaries are entitled to at any time make changes to myTelio Services and to offer new services free of charge or for a fee, provided that the change in question is reasonable for you, taking your interests into account.
3.5 The prices for using the myTelio Services that you have to pay for can be found in the Price Sheet . All prices are stated as gross prices that include the statutory value-added tax. If you use a myTelio Service that you have to pay for, the amount to be paid for using the service will be settled using your prepaid credit.
4. Obligations when using myTelio
4.1 Your authorisation to use the myTelio Services is limited to the use of the myTelio Services within the framework of the provisions of these GTCs as well as the Specification of Services and the Price List.
4.2 Unless additional use beyond this is expressly permitted in these GTCs or on myTelio, or is enabled by a corresponding functionality, such as, for example, a download button:
4.3 You are only entitled to download content ("Download") and to print out content insofar as there is a Download or print functionality on myTelio (e.g., by means of a download button).
4.4 You will have a non-exclusive right, for an unlimited period of time, to use all content that you have downloaded or printed in a lawful manner for your own, non-commercial purposes.
4.5 Your mandatory statutory rights remain unaffected.
4.6 You yourself are responsible for creating the necessary technical prerequisites in your area of responsibility for the contractual use of the myTelio Services. The National Subsidiary does not owe you any advice in this regard, and is not obliged to provide the technical equipment. In particular, but without constituting an exhaustive list, you yourself must pay for the costs of your Internet connection.
4.7 When registering and opening a myTelio Account, you choose a password. You can then use this to log into your myTelio Account. It is your responsibility to keep the password secret and not to make it accessible to unauthorised third parties.
4.8 It is also your responsibility to ensure that only you can use your access details to gain entry to your myTelio Account and the myTelio Services. If you are concerned that third parties have gained or will gain knowledge of your access details, please inform the National Subsidiary immediately.
5. PROHIBITED ACTIVITIES
5.1 The myTelio Services are intended exclusively for non-commercial use. Any use for or in connection with commercial purposes is prohibited, unless such use has been expressly permitted in writing beforehand by the National Subsidiary in question. Unauthorised commercial use includes, in particular (but not exhaustively):
5.2 You are prohibited from engaging in any activities on, or in connection with the use of, myTelio Services that violate applicable law, violate the rights of third parties or violate the principles of the protection of minors. In particular, the following actions are prohibited:
5.3 Furthermore, you are prohibited from performing the following activities when using myTelio Services, regardless of whether there has been any violation of the law:
5.4 You are also prohibited from any action that is likely to impair the smooth operation of myTelio, in particular to overload the systems which are used to make myTelio available.
5.5 If a suspicion of unlawful or criminal acts exists, the National Subsidiary is entitled and possibly also obliged to review your activities and, if necessary, initiate appropriate legal action.
5.6 The National Subsidiary can temporarily or permanently suspend your access to the myTelio Services if there are concrete indications that you have violated these GTCs and/or applicable law. In deciding whether to suspend an account, the National Subsidiaries will duly consider your legitimate interests.
5.7 In the event of temporary or permanent suspension, the National Subsidiary will suspend your access right and notify you of this by email.
5.8 In the event of a temporary suspension, the National Subsidiary will reactivate the access right once the suspension period has expired, and will notify you of this by email. Permanently suspended access rights cannot be recovered. Permanently banned persons are permanently excluded from using myTelio Services and are not allowed to use myTelio Services again.
6. Duration and termination of the myTelio Account User Contract
6.1 The myTelio Account User Contract comes into effect when the myTelio Account is activated, and it runs for an indefinite period.
6.2 You can terminate the User Contract at any time, without having to provide any notice, by deleting your myTelio Account. The National Subsidiary is entitled to terminate the User Contract by providing notice of 4 weeks.
6.3 After termination of this contractual relationship, the myTelio Services that require a myTelio Account will no longer be available to you.
6.4 Section 6.2 does not affect the parties' right to terminate for cause.
6.5 Once the User Contract has come to an end, you are entitled to a refund of your remaining prepaid credit. The remainder of the credit balance is paid out by the payment service provider of the National Subsidiary immediately after the contractual relationship has ended, without you having to do anything. The remaining credit will be paid out to the account you have stored in your myTelio Account. The payment transaction can take a few days to process.
6.6 If you delete your myTelio Account, the telephone number and email address used for the account will be blocked from reopening a myTelio Account for 30 days.
7. Right of cancellation
7.1 If you are a consumer (i.e., a natural person who places the order for a purpose that cannot be attributed to either your commercial or independent professional activity) and your habitual residence is in a member state of the European Union or the European Economic Area, you are entitled to a right of cancellation, in accordance with the statutory provisions.
7.2 The regulations that apply to the right of cancellation are detailed in the separate Cancellation Policy.
8. Payment methods
8.1 Prepaid credit top-ups can be paid for using VISA, MasterCard, PayPal or Klarna and are carried out via an external payment service provider commissioned by the National Subsidiaries. The National Subsidiary only takes care of the assignment of the prepaid credit booked by the payment service provider to the relevant Telio Inmate Account or to your myTelio Account.
9.1 Liability of the National Subsidiary for free myTelio Services
9.1.1 If you suffer damage through using myTelio Services that are made available free of charge (including retrieving free content), the National Subsidiary shall only be liable, subject to the provision in section 9.3, insofar as the damage arose as a result of contractual use of the free content and/or services, and only in the event of wilful action (including malice) and gross negligence on the part of the National Subsidiary, its legal representative or its vicarious agent.
9.2 Liability of the National Subsidiary for chargeable myTelio Services
9.2.1 In the context of your use of chargeable myTelio Services, the National Subsidiary is liable to you for damages or compensation of futile expenses in all cases of contractual and non-contractual liability in the event of wilful action and gross negligence by the National Subsidiary, its legal representatives or its vicarious agents, in accordance with the statutory provisions and the provisions of sections 9.2 and 9.3.
9.2.2 In the case of simple negligence on the part of the National Subsidiary, its legal representatives or its vicarious agents, the National Subsidiary shall only be liable in the event of a breach of a contractual obligation whose fulfilment is a prerequisite in order for the contract to be able to be properly executed in the first place and which you as the customer can regularly rely on to be complied with (a so-called cardinal obligation), and this shall be limited to compensation for foreseeable and typical damage. In all other cases, the liability of the National Subsidiary is excluded, subject to the provision in section 9.3.
9.3 The National Subsidiary's liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above-mentioned limitations – and exclusions of liability.
9.4 Your liability
Your liability is governed by the statutory provisions.
10. Force majeure
10.1 The National Subsidiary shall be exempted from its obligation to perform if, due to unforeseen events that are not within the National Subsidiary's power to redress and which neither fall within the sphere of the National Subsidiary nor are the responsibility of the National Subsidiary, such as, for example, war, riots, acts of terrorism, natural disasters, epidemics, pandemics and similar circumstances (hereinafter referred to as "Force Majeure"), the National Subsidiary cannot perform, or it is not economically reasonable for the National Subsidiary to perform.
10.2 For the purposes of section 10.1, performance shall be not economically reasonable for the National Subsidiary, in particular, when, for reasons of Force Majeure, the costs incurred by the National Subsidiary to render the service increase to such an extent that the National Subsidiary would not have concluded the agreement if it had anticipated the change.
10.3 If the National Subsidiary invokes exemption from the obligation to perform, the National Subsidiary shall no longer be entitled to consideration for the service which the National Subsidiary is exempt from being obliged to perform.
11. Support requests
For support requests, please use the Contact Form.
12. Applicable law
The law of the country in which you have your habitual residence at the time of concluding the contract shall apply.
13. Consumer dispute settlement
If you have your habitual residence in the Federal Republic of Germany, you will be informed that the National Subsidiaries do not take part in dispute settlement procedures of any consumer arbitration board within the meaning of the Consumer Dispute Settlement Act, and are also not obliged to do so.
The National Subsidiary may amend or supplement these GTCs, provided that this is communicated to you in writing. Amendments or additions are deemed to have been accepted by you if you do not object in writing within six weeks of receiving notification of the amendment or additions. The National Subsidiary will expressly point out this consequence to you in such a notification. If you send your objection within the six-week period, this is sufficient to meet the deadline.
|Country||Name of the Company||Commercial Register Number|
|Germany||Telio Management GmbH||Registered with the commercial register (Handelsregister) of the local court (Amtsgericht) of Hamburg under registration number HRB 112181.|
|Germany||Telio Communications GmbH||Registered with the commercial register (Handelsregister) of the local court (Amtsgericht) of Hamburg under registration number HRB 69693.|
|Netherlands||Telio Nederland B.V.,||Dutch Chamber of Commerce (Kamer van Koophandel) under registration number 34238389.|
|Spain||Telio Iberia SL,||Registered with the commercial register of Madrid under volume 35077, page 120 and sheet M-630813 and with tax identification number B-87644589.|
|Hungary||BVfon Telekommunikaciós Kft.,||Registered with the Ministry of Justice, Company Information and Electronic Company Processing Services, Cg. 01-09176333.|
|Poland||BVFon Poland, Telecommunication Sp. Z.o.o,||Registered with the National Court Register, Register of Prezedmiieze, under register no. 0000293941|
|Slovakia||BVfon Slovakia, s.r.o.||Registered with the Business Register of the District Court Bratislava, Slovakia, under identification number 35 972 840|
|Czech||BVFon Czech Telecommunication s.r.o.||Registered with the commercial register administered by the Mu-nicipal Court in Prague, section C, insert 122275, under identification number 276 60 168|
|Romania||Bvfon Romania S.R.L.||Registered with the commercial register Office Bucharest, Romania, under registration no. J40/4588/2012|
|Croatia||Bvfon d.o.o.||Registered with the commercial register Croatia, registration no. 24197518313, Kuzminecka 51, Zagreb (Grad Zagreb), Croatia|
|Italy||Phonio Italia s.r.l.||Registered with the House of Commerce for Companies (Camera di Commercio delle Imprese), 12199341004|
|Belgium||SAGI SA||Registered with the Crossroads Bank of Enterprises (RLE Liège, section Liège) under number 0418.765.529.|
|France||TELIO.FR SAS||Registered with the commercial register of the commercial court of Lyon under registration number 843 383 431.|
|United||Kingdom Phonio UK Ltd.||Registered at Registrar of Companies for England and Wales, United Kingdom, Company Number 967070739|
|Switzerland||Phonio Switzerland GmbH||Registered with the commercial register of the anton Zug (Handelsregisteramt des Kantons Zug) under the number CHE- 193.298.862|
|Australia||COMSEC TR PTY LTD||ACN 051 658 569|