41
40
DTR Terms & Conditions
Information
This document sets out the basis of your Agreement with Top Up TV Europe Limited in respect of the DTR (as defined below). In this Agreement we refer to Top Up TV Europe Limited as
"us" or "we" and we refer to you as "you".
1.0
THE TERMS WE USE
1.1
We have used words with capital letters where those words have particular meanings. These meanings are set out below:
"Address"
(if you purchased your DTR directly from us) means the address of your home in the United Kingdom given to us during the Order Process;
"Agreement"
means the contract between you and us on the terms set out in this document and (if you have an HP Agreement) the HP Agreement;
"DTR"
means the digital video recorder box (also known as a Personal Video Recorder or PVR) that you purchase from us and as described more
particularly during the Order Process;
"Fees"
means the fees payable by you to us for the DTR. If you purchased the DTR directly from us, this will be the fees for the DTR confirmed during
the Order Process and/or in the HP Agreement and which include delivery charges and VAT;
"Freeview"
Freeview is a separate free digital TV service which does not require a monthly subscription. Freeview is not operated by Top Up TV Europe
Limited;
"HP Agreement"
means the additional terms of the Agreement in respect of your purchase of the DTR on a hire purchase basis;
"Order Process"
(if you purchased your DTR directly from us) means the process by which you purchased a DTR whether over the telephone or internet;
"Top Up TV Services "
means any digital video subscription or other services which you obtain from Top Up TV Europe SARL (a different company from us but in the
same group) under separate agreement(s);
"Top Up TV Services Agreement " means an agreement you enter into with Top Up TV Europe SARL for the provision of Top Up TV Services via the DTR; and
"Viewing Card"
means the electronic card that enables you to view those parts of the Top Up TV Services and/or additional service to which you are entitled by
means of a DTR and/or any card that enables you to view any other service we provide.
Please note: clauses 2 to 5 (inclusive) only apply if you purchased your DTR directly from us. If you did not purchase your DTR directly from us, please refer to
clause 6 onwards.
2.0
ORDER PROCESS
2.1
All orders placed by you for DTRs through the Order Process are subject to acceptance by us. We may choose not to accept your order for any reason in which case you will not
be charged any Fees. We will confirm to you whether or not your order has been accepted or not.
2.2
If the Order Process you use is via our website then the technical steps you need to take in order to complete your order will be described to you on-screen.
2.3
We will confirm in writing to you the key details regarding your order once it is accepted by us including the price and delivery details for the DTR that you have chosen. Please
note that prices reduced for sales or specific promotions are only valid for the specified period.
2.4
We reserve the right to amend the price and specification of any DTR published on our website or otherwise at any time. The price and specification will of course be made clear
to you during your Order Process before you confirm your order.
2.5
You confirm that all information you have supplied to us is correct. You will tell us if you change your Address or change your DTR model or make.
2.6
In order to use your DTR to access Top Up TV programme content, you will need a viewing card and to subscribe to the relevant Top Up TV Services Agreement.
3.0
PRICE AND PAYMENT
3.1
You agree to pay us the Fees on accepting this Agreement as agreed with you during the Order Process and confirmed to you in writing.
3.2
Where relevant, you confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card
issuer. If the issuer of your card refuses to authorise payment, or we or our authorised agents are unable to contact your card issuer, we will not be liable for any delay or non-
delivery and we are not obliged to inform you of the refusal.
3.3
During the Order Process we may offer you the opportunity to pay by alternative payment means such as cash or online payment system. If we do so, we may charge an
additional amount to cover our additional administration costs. Any such charges will be set out in the Order Process.
3.4
We may carry out a credit check on you which involves searching the files of one or more credit reference agencies (which may keep a record of the search). We may also
disclose details about your conduct as a customer to those credit reference agencies. Such information is used only to help make credit decisions affecting you or members of
your household, or occasionally for fraud prevention or tracing debtors.
3.5
We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment.
3.6
We may pass your details to a third party debt collection agency to reclaim Fees owed to us.
4.0
DELIVERY AND RISK
4.1
We despatch DTRs ordered by you when they are available or otherwise as set out during your Order Process and in any event 30 days after the day after you place your order.
4.2
The DTR will be sent to your Address or to an alternate address that you nominated as part of the Order process. We cannot be held responsible if this delivery address is
unsuitable for you or the wrong details have been given.
4.3
We do not accept any liability for late deliveries or deliveries lost in the post.
4.4
Once the DTR has been received by you, all risk of damage to, or loss of, the DTR shall pass to you. If you intend to cancel your DTR order (under clause 5 below) you must keep
good care of the DTR pending return of it to us.
4.5
Subject to clause 6 below, the DTR will only become your property when all Fees due or that become due to us from you have been paid in full and therefore we may require its
return where payment is not received as due.
5.0
CANCELLATION AND RETURNS
5.1
You may cancel this Agreement within seven working days commencing on the day after the date that the DTR is received by you by contacting us on
08444 159 159
. For the
avoidance of doubt, you may be asked to confirm any notifications of termination in writing. Where a notice of cancellation is given under clause 5.1, the giving of notice shall
also have the effect of cancelling the HP Agreement. This Agreement will terminate automatically if you terminate or cancel your HP Agreement.
5.2
If this Agreement is cancelled you will no longer be able to access any Top Up TV Services or content that you have stored in your DTR and you are required to return to us the
DTR at your own cost. We will provide you with information about how to do so. You acknowledge that failure to return the DTR may result in us charging you for the replacement
cost of such DTR or the reasonable costs incurred by us in reclaiming it. You must return the goods to the address stated in clause 11 clearly stating your name and address
with the returned DTR.
5.3
If there is a fault with your DTR then you can return it to us for repair or replacement at any time within 12 months of the commencement of this Agreement.
6.0
SOFTWARE
6.1
For the avoidance of doubt, the software in the DTR is owned by us, or is licensed by one of our suppliers, and will not become your property. You must not remove software from
the DTR, add software to the DTR or tamper in any way with the software in the DTR. Also, you must not authorise anyone else to do any of these things.
6.2
You must allow us, and only us, to update the software in the DTR by sending signals via the digital terrestrial network to the DTR.
6.3
This clause 6 will continue after this Agreement is cancelled or terminated for any reason.
7.0
VIEWING CARD
7.1
What is a Viewing Card?
A Viewing Card is an electronic device that, when activated, acts like a key to enable you to view those parts of the Top Up TV Service to which you are entitled. We,
or a third party we appoint, may provide you with a single Viewing Card. An additional charge will apply to further Viewing Cards that you request and to
replacement Viewing Cards as set out in this clause 7. We may activate or deactivate Viewing Cards in accordance with the Top Up TV Services Agreement.
7.2
Ownership of a Viewing Card:
The Viewing Card will remain our property (or the property of our licensors) at all times. You agree to promptly send it back to us, or
a third party we will appoint, within 7 days where we ask you to do so. Your Viewing Card is for your personal use only and must not be given to anyone else or we
may deactivate it.
7.3
Interference with Viewing Card:
You must ensure that your Viewing Card is kept in reasonably appropriate conditions and treated in an appropriate way. This
includes (but is not limited to): (i) keeping the Viewing Card at a temperature between 0°C and 40°C; (ii) keeping the Viewing Card at a humidity level between
20% and 80%; (iii) handling the Viewing Card only using the plastic portion; (iv) not handling the Viewing Card using gilded connectors or separating the chip from
its support; (v) not inserting the Viewing Card in anything other than its intended reader; (vi) not attempting to make any modifications of any kind to the Viewing
Card; and (vii) not decompiling, disassembling, modifying or reverse engineering the Viewing Card or any part of it.
7.4
DTR.
You should keep your Viewing Card in your DTR at all times, and the DTR connected to a mains supply and in standby mode while not in use unless we
instruct you otherwise from time to time. In addition you must allow us, and only us, to update the software in your DTR and/or Viewing Card where we consider it
appropriate, including by sending signals to your DTR. Your viewing may be temporarily interrupted during software updates. Failure to comply with this
paragraph or our instructions may result in interruptions to your use of the DTR and/or interruptions to the Top Up TV Services.
7.5
This clause 7 will continue after this Agreement is cancelled or terminated for any reason.
8.0
LIMITATION OF LIABILITY
8.1
We will always be liable to you for death or personal injury caused by our negligence or fraud. In addition we do not restrict or limit our liability to the extent it
arises as a result of our breach of this Agreement or negligence (except as set out in Clauses 8.2.4, 8.2.5 and 8.2.6).
8.2
Subject always to clauses 8.1 and 8.3, we will not be liable under this Agreement for any damage or loss suffered or incurred by you:
8.2.1
as a consequence of any fault in your television set or your aerial or any problems associated with Freeview, its channels or service information;
8.2.2
as a consequence of any use of your DTR with any decoding apparatus which we have not approved;
8.2.3
as a consequence of any fault in your Viewing Card caused by you or anyone else damaging or tampering with it, your negligence or failure to follow our
reasonable instructions; or
8.2.4
for losses you incur that were not foreseeable to you and us when the Agreement was entered into (whether due to our breach of this Agreement or the DTR
otherwise);
8.2.5
that was not caused by our breach or negligence; or
8.2.6
if you are not entering into this Agreement as a consumer.
8.2.7
due to your failure to adhere to the recommendations and requirements in Clauses 6.1, 7.3 and/or 7.4,
8.2.8
as a consequence of our failure to deliver the DTR caused by events outside our reasonable control (this includes but is not limited to, transmission failure,
extremes of weather, industrial disputes, nuclear accident, acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with
any law or governmental order, rule, regulation or direction coming into force after the date of this Agreement, accident, breakdown or plant or machinery,
fire, flood, storm or default of suppliers or sub-contractors).
8.3
We will not be liable under this Agreement for any damage or loss suffered or incurred by you as a consequence of our failure to fulfil our obligations under this
Agreement caused by events outside our reasonable control (this includes, but is not limited to, transmission failure, extremes of weather, industrial disputes,
nuclear accident, acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or
direction coming into force after the date of this Agreement, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-
contractors).
8.4
To the fullest extent permissible under law, we reject any and all warranties of any kind (whether express or implied) in relation to the DTR purchased by you
from us. Your statutory rights as a consumer are not affected however. Your statutory rights include your right to receive goods conforming to their description
and which are of satisfactory quality. For more details on your statutory rights you should contact your local Trading Standards Office or Citizen's Advice Bureau.
8.5
Subject to clauses 8.1 and 8.2, our liability to you arising out of or in connection with this Agreement shall be limited in to the Fees payable by you to us in
relation to the DTR to which our responsibility relates.
9.0
CONTENT
9.1
We reserve the right to send visual and data content, including channel preview and advertising content and electronic programme guide data, to your DTR. This
content may fill up to 15% of the space of the hard disc of your DTR and you will not be able to record on that space.
9.2
You must not use the DTR to access any services except the Top Up TV Services, Freeview and any other services we or any of our associated companies may
offer or authorise you to receive.
10.0
OTHER MATTERS
10.1
You may not transfer your rights or obligations under this Agreement to anyone else.
10.2
If you telephone us we may record your call for training purposes and to ensure that information is captured accurately and in order to monitor the quality of
service that we provide to you. We will not do so for any reason unconnected to these purposes.
10.3
We are registered under the Data Protection Act 1998. Your personal data will be used and processed in accordance with our privacy policy which is available on
our website.
10.4
This Agreement is governed by and interpreted in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in
connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your
domicile in Scotland or Northern Ireland.
10.5
Please note that we reserve the right during and/or after the cancellation of this Agreement to send a signal to your DTR disabling certain of your DTR's functions
where you breach this Agreement, the Top Up TV Services Agreement or the HP Agreement including where you fail to make any outstanding payment or
payments where due from you under such agreement. Except where you persistently breach any of the agreements referred to above, the disabled functions will
be restored on your DTR as soon as is reasonably possible after you comply with the agreements.
11.0
CONTACT DETAILS
11.1
Top Up TV Europe Limited has its registered office at 22 Grenville Street, St Helier, Jersey JE4 8PX
11.2
Our VAT number is GB 918 0222 49
11.3
Our customer helplines and services are available as follows:
For Customer Services, call 08444 159 159 (calls are charged at 5p per minute from a BT landline. Calls from mobiles or other networks may be considerably
more.This line is open between 9am and 5pm, Monday to Friday. Information correct at July 2009.
For correspondence, write to PO Box 801, Kirkcaldy, Fife, KY2 6WW or email [email protected]
3674 3658100D DTI 6021 Common User Manual:Layout 1 24/11/09 13:04 Page 40
