1. These Terms
These Terms and Conditions (referred to as “ Terms”) and the FetchTV Privacy Policy apply to all use of the FetchTV Web Site and provision of FetchTV Services described in these Terms and to the Acquiring and Access to Content from FetchTV. We suggest You use the Print Button above to print and retain a copy of these Terms.
Please note that We may change these Terms at any time without notifying You that We have done so. The up to date Terms at any time will be available on Our Web Site www.fetchtv.co.uk. When placed on to the Web Site any new Terms will be considered automatically to have replaced any previous Terms and to be the only Terms applicable to the FetchTV Web Site, FetchTV Services and Acquiring and Accessing Content until We replace them.
Each time You access the FetchTV website, Acquire or Access Content you will be acknowledging Your agreement to the latest Terms and agreeing to comply with and be bound by their requirements and Your obligations set out in them. These Terms and each agreement to Acquire Content are in the English language only.
2. Definitions used in these Terms
In these Terms “ We”, “ Our”, “ Us” and “ FetchTV” means IP Vision (UK) Limited, registered in England under number 05838858, registered office Hazlems Fenton, Palladium House, 1-4 Argyll Street, London W1F 7LD trading as Fetch TV. For more information see paragraph 19 below.
In these Terms “ You” and “ Your” means the person who Registers with FetchTV on the Web Site to Acquire and/or obtaining Access to Content.
In these Terms a “ Set Top Box” means a FetchTV Service compatible Set Top Box connected to a compatible TV, broadband connection, power supply and TV aerial. A compatible TV is a PAL TV with a SCART or HDMI connection.
In these Terms “ Content” means any of the following on demand Services Acquired or Accessed from FetchTV via a Set Top Box:
1. Video Streaming of programs or film
2. Audio Streaming of programs or film
3. Downloadable Free to view programs and film
4. Downloadable Advertising supported programs and film
5. Downloadable for rent of limited time Access or limited viewing Access programs and film
6. Downloadable to own programs or film
7. Any other Downloadable materials or matter or Access to Services facilitated by FetchTV
In these Terms “ Access”, “ Accessed” and “ Use” means to download, stream, store (temporarily or permanently) , view or hear Content.
In these Terms “ Acquire”, “ Acquired” and “ Acquiring” means that You seek to have Access to Content by requesting via Your Set Top Box (using the FetchTV television interface and following the FetchTV process for doing so) particular Content, and that the PIN registered for Your account is used as verification where requested by the Service.
In these Terms “ Service” and “ Services” means the Web Site and the provision by FetchTV to You via Your Set Top Box (using the FetchTV interface) of the ability to Acquire and Access Content and manage details of Your account with FetchTV.
The “ FetchTV interface” or “ interface” is the FetchTV screen images which can be viewed and can be accessed on a compatible TV (connected to a Set Top Box).
In these Terms “ Web Site” means the FetchTV web site at http://www.fetchtv.co.uk.
“ License terms” means the terms in addition to these Terms applicable to specific Content, for example permitted viewing period or Content providers license terms. “ License Period” for any content shall mean the period You are permitted to view the Acquired Content by License terms.
3. The FetchTV Service Described
Our Services are provided via a broadband connection which You must provide to Your Set Top Box. The Set Top Box, in conjunction with our Service, will broadcast a FetchTV user interface to your connected compatible TV screen to enable You to receive information from us and communicate certain information to Us.
The cost of Content (if any) will always be displayed on the interface before You commit to acquire Content. Any specific License terms applicable to specific Content in addition to these Terms (for example, License Period) will always be displayed on the interface when you acquire specific Content.
Each time you request Content via the FetchTV interface and enter Your PIN you are making an offer to Us which We can accept or decline at Our discretion at the point when Your payment is authorised (where payment is required). If We accept by giving You Access to the Content then a contract has been formed including these Terms for that Content. If We decline there is no Contract and You will not be charged. If the Service does not require a PIN to be entered to Acquire Content You will be deemed to have offered to Acquire the relevant Content on these Terms by requesting the Content. We may accept Your offer and form a contract (including these Terms) with You for that Content by permitting You to have Access to the Content.
When We make Content available to Acquire and Access, You can view Content on Your Television via Your Set Top Box. The types of Content available will change from time to time but at the date of these Terms include some or all those types set out in paragraph 6 below.
We do not guarantee that the Services will be uninterrupted or available at all times but We do endeavour to use resilient systems so that You can Acquire and Access Content at most times. FetchTV aims to give notice of scheduled downtime, suspension or termination of Services via the Web Site but FetchTV may schedule down time or suspend the Services at any time without notice and without any liability to You for delay. FetchTV may terminate the Services or any part of the Services at any time without notice and its sole liability to You will be to allow You Access to Content Acquired prior to termination or to refund any payments made for such Content which has not been downloaded or streamed by You at the date of termination and to which it cannot provide the relevant download or stream unless You failed to download or stream that Content within the relevant License Period for reasons not attributable to FetchTV.
Normally you may not Access Content for which a charge is made until payment is authorised but at Our discretion, We may allow download of such Content which cannot be viewed until Your payment for that Content has been authorised. In such cases if Your payment is not Authorised You may not Access the Content and must delete it.
The Content may contain material of a sexual and/or violent nature or may be otherwise offensive. FetchTV adheres to the ATVOD Code of practice for the protection of minors The code of practice can be obtained at http://www.atvod.org.uk/.
We will endeavour to bring such materials to Your attention prior to or at the time of Your completing Your request to Acquire Content but We are not liable to You if We fail to do so. Content may be unsuitable for younger viewers and will be given a rating guide. FetchTV does not accept responsibility or liability for the accuracy or omission of any guide ratings.
PRICING AND LICENSE TERMS FOR CONTENT
The prices and any License terms (in addition to these Terms) applicable to each specific item of Content will be set out for you to see on the Service interface.
All prices include VAT. If VAT increases the additional VAT will be chargeable from the effective date of the increase to VAT.
Please note that as well as the Terms, the prices and License terms may be changed by Fetch TV at any time without notice. Where an error is inadvertently made in any prices or License terms it will be corrected by FetchTV when brought to Our attention but Fetch TV will not be liable to allow You to Acquire Content or give Access to Content at the incorrect Price or on the incorrect License terms.
4. Your Obligations
4.1 QUALIFICATIONS TO REGISTER FOR THE SERVICES
You may not Register with FetchTV to open an account (Account), receive the Services, Acquire Content or Access Content unless you are at least 18 years of age.
Your Registration and Account may be suspended or terminated without notice if We suspect you are not 18.
You must be able to supply Us with a permanent United Kingdom address. The Content may only be Acquired and Accessed in the United Kingdom. You agree not to attempt to Acquire or Access Content or the Services from outside the United Kingdom.
You must be able to provide Us with Your United Kingdom Mobile Phone number.
You must be able to provide Us with details of a valid acceptable United Kingdom debit or credit card (”Card”) in Your name. See Web Site for details of which Cards are accepted.
A FetchTV Set Top Box is required to use the Services, Acquire and Access Content.
A PC with internet access and Microsoft Internet Explorer Version 6 or above or Mozilla Firefox Version 2.0 or above is required to Access the Web Site.
You must keep the details provided in Your Registration up to date.
4.2 EQUIPMENT AND BROADBAND
You must provide and install the necessary Set Top Box, a compatible television, a broadband connection, a power supply and connecting cables. The Broadband connection must be of sufficient bandwidth capacity to enable you to enjoy the Service. We recommend a minimum 2Mbps although a limited Service will be available at lower provision. The speed of streaming and downloading is directly linked to the broadband capacity available to You. Once a download of Content has been completed viewing of that Content is not affected by the available bandwidth capacity.
4.3 USERNAME/PASSWORD/SECURITY
As well as accepting these Terms, You will be required to enter information on the Web Site to Register and open Your Account including (but not limited to) Your Name, Address, Mobile Phone Number, Credit Card details and a unique Password. You will also be asked to select a unique Personal Identification Number (PIN) to be used to indicate a request to Acquire Content and authorise the relevant payment for that Content. The PIN may also be required to Access certain restricted Content.
You must keep the PIN number totally secret as use of that PIN with Your set top box to request and Acquire Content will be deemed to be a request by You to Acquire that Content as described and under these Terms and subject to the License terms and at the price indicated for that Content.
Once You request Content You will be asked to enter Your PIN as authentication and to press the “OK” Button to confirm that the PIN is correct and You wish to proceed to Acquire the Content. At that stage the download will begin and the request to Acquire cannot be cancelled.
You understand that FetchTV is not responsible to check the authenticity of anyone who uses Your PIN or Password. Should You become aware of a breach of security You will change Your PIN and or Password using the account management facility within the Web Site.
You may change the details of Your Registration by visiting the “My Account” service on the Web Site
SPECIAL SECURITY NOTICE
During the process of of Registration and opening an Account You will enter details of Your Card, Your [Mobile] Phone Number (Phone) and a confidential Personal Identification Number (PIN) which subject to any required security checking, approval or verification required by Your Card issuer activates the Account. The Account and each contract to Acquire Content will be concluded in the United Kingdom. The Phone and PIN facilitate set up of Your account and together will provide access to the Account enabling You to Acquire Content via Your Set Top Box when the PIN is entered.
The PIN is provided for your use and protection and the security of the Phone is also important as part of Your protection.
You agree:
*Not to disclose the PIN and not to record it in writing or on Your telephone or computer equipment or otherwise make it available to anyone else.
*To use the Account, the PIN and, so far as such use relates to the Account, your Phone as instructed or authorized by these Terms.
*To promptly notify Us of any loss, unauthorized use of Your Account, or PIN or Phone or theft of your PIN.
*You are liable for any transactions made by a person You authorize or permit to use Your Account and/or PIN and/or Phone. If you permit someone else to use the Account, We [WorldPay] and Your Card issuer will treat this as if You have authorized this person to use the Account and You will be responsible for any Content Acquired or transactions on the Account.
4.4 MALICIOUS CODE AND ACTIONS
You agree not to load, introduce or transmit any material containing or which is Malicious code (as defined at paragraph 10(a) below). You also agree not to do anything to adversely effect the Services such as but not limited to Service denial attacks.
You agree not to impersonate any third party or to take any action that is illegal, immoral or could harm a third party in relation to Services or Content.
5. Payment and Your Account
5.1 ACQUIRING CONTENT
Each time You want to Acquire Content You will use the Set Top Box and Service interface to request Content. Where You wish to take or cancel a regular subscription to particular Content (where that subscription is offered by FetchTV) You may place your order or cancel Your order for that subscription on the “Manage Subscriptions” page of the Web Site and You will thereby be consenting for the relevant periodic charges to be taken from Your Card by FetchTV or its agent. Instructions to cancel will operate related to the next following subscription period and no refund will be paid for the then current subscription period.
As part of the Registration process You will provide Your Card details. You may not provide a third party’s Card details. Card details can be changed by accessing “My Account” page of the Web Site and following the relevant links. Your Card details will be stored in an encrypted form to add to security.
Where Content is available to Acquire or Access subject to a fee the fee will be clearly displayed on the interface. All fees include Value added Tax where it is due. We reserve the right to change fees and License terms for Content at any time but they will not be changed retrospectively. Should fees, Value Added Tax or License terms be increased or changed the new fees or License terms will be shown on the interface before You enter Your PIN to Acquire the Content.
Chargeable Content will usually only be made available for download or streaming when You have indicated Your request to Acquire the Content, entered and confirmed Your PIN and payment has been authorised by the relevant Card issuer. Where in exceptional cases we are able to allow a second download of the same Content we may charge an administration Fee to do so and this Fee will be made clear at the time.
However, You agree that We may, at Our sole discretion, download additional Content to Your Set Top Box but which cannot be Accessed until payment for that Content is authorised by You (with Your PIN) and your Card issuer. We have no obligation to You to give you Access to that Content (until You Acquire it) and You have no obligation to Acquire that Content if You do not wish to do so. If You do not wish to Acquire it You may delete that Content or after a period it may delete automatically.
Each payment transaction will be confirmed by email to the email address you gave as part of Your Registration. Your most recent payment transactions can be viewed via Your PC on the Web Site.
Note: An element of the payment for Content included in the price of Content is paid to Worldpay (Part of the Royal Bank of Scotland Group) to facilitate payment collection.
We may also require at Our sole discretion, for security purposes that You enter and confirm Your PIN when You indicate you wish to Acquire and/or Access Free To View Content.
5.2 CANCELLATION OF TRANSACTION - IMPORTANT
Once You have indicated that You wish to Acquire specific Content by requesting it and entering Your PIN and clicking “OK”, the download or Access will begin automatically (provided the payment is authorised by Your Card provider) and You cannot cancel the transaction.
You may cancel a subscription for any subscription period after the current subscription period on the FetchTV Web Site “Manage Subscriptions” page.
Where you have ordered a new subscription on the Web Site but not yet commenced Acquiring Content under that subscription, You may cancel your subscription within 7 days of placing Your initial order for that subscription. If You do so, You will be entitled to a refund of the subscription charges within 30 days. To cancel a subscription within 7 days of your original order You must e-mail Us using the Contacting Us information in Paragraph 19 below telling us the subscription which You wish to cancel and giving us full details including the date You ordered the subscription, identifying You (name, address, mobile phone number, e-mail).
5.3 YOUR ACCOUNT
You can access details of Your FetchTV account through the “My Account” page of the Web Site via Your PC. You can change certain details of Your FetchTV account via a PC on the Web Site.
6. License of Content and Restrictions on use of Content (License terms)
The Content is the property of FetchTV and its Licensors and is protected by law, including copyright law. The Content when Acquired by You is licensed to You individually and may be Accessed by You as a consumer only, for Your own Use only.
It is important to note that Access to Content when Acquired may be restricted or limited in a number of ways:
FREE TO VIEW
Free to View Content is licensed to You for Access to Content without payment but not without restriction. Usually download will be permitted only once. The FetchTV Service will indicate the License Period (the period within which Access is permitted for that Content) including viewing restrictions which may be number of viewings, time restricted or restricted in other ways. Content may contain advertising and sponsorship and fast forward function may be disabled. The Service interface will indicate any License terms including restriction on viewing in addition to those contained in these Terms. These will vary depending on the Content but usually restrictions will be to a maximum License Period of a specified number of hours or days from download, but also may be further limited to a maximum fixed period from first commencement of viewing, whichever period ends first. The First Download Free Offer is limited to one free download per Registered Household.
PAY TO VIEW
Pay to View Content is licensed to You for Access on payment of a License Fee for one full viewing or for multiple viewings over a period of time. Usually download will be permitted only once. The FetchTV Service will indicate the License Period and other viewing restrictions which may be by number of viewings, time restricted from first start of viewing or restricted in other ways. Content may contain advertising and sponsorship and fast forward function may be disabled. The Service interface will indicate any License terms including restriction on viewing in addition to those contained in these Terms. These will vary depending on the Content but usually restrictions will be to a maximum License Period of a specified number of hours or days from download, but also may be further limited to a maximum fixed period from first commencement of viewing, whichever period ends first.
PAY TO OWN
Pay to Own Content allows You to download the Content once on payment of a license fee. The FetchTV Service will indicate the License terms including viewing restrictions (if any). Content may contain advertising and sponsorship and fast forward function may be disabled.
MARKETING CONTENT
From time to time We may send Marketing Content to Your Set Top Box which may be in the form of advertising material, sponsorship material or purely Content that we think may interest You and You may wish to Acquire and Access.
ALL CONTENT
The following License restrictions apply to ALL Content:
The Content may not be Used for any commercial Use.
You may not rent, loan, hire, sell, broadcast, display or transfer the Content in whole or part to any third party by any means (including peer to peer transfer).
The Content may not be displayed, shown or viewed at a public event or performance or in a place open to the public or in a leisure centre, gym, club, public house, bar, cafe or restaurant of any kind or in exchange for payment.
You may permanently delete or erase Content.
The Content is licensed for Use on a single Set Top Box only. You may not transfer or copy Content by any means from the Set Top Box to which it was originally downloaded. Content is for storage and use only on that single Set Top Box. After Content is downloaded, should that Set Top Box crash or become damaged, broken, lost or stolen or the Content become inaccessible, corrupt, damaged or deleted for any reason not attributable to FetchTV, FetchTV is unable to resupply Content without charge.
You agree that you will not attempt to circumvent or remove the security features and technology of the Set Top Box or Content and you will not facilitate or assist others to do so.
Once the License Period for the Content has expired you will not be able to download, stream, view, listen to or use the Content and must delete the Content from Your Set Top Box if it does not delete automatically.
When the License Period is a limited Period, Content must be downloaded and You must have commenced viewing Content during the License period or You will cease to be able to download it and view it when the License Period ends. FetchTV will not be responsible if you fail to download and commence viewing the Content within the License Period.
You agree that You will comply with the license terms of the Content provider applicable to the Content you Acquire.
SUITABILITY OF CONTENT
You are solely responsible for ensuring that You do not permit unsuitable Content to be viewed by young persons or those who may be offended by it.
7. Defective Content
Where You have Acquired Content should the Content be defective or you are unable to Access it please contact Us as described at Paragraph 19 below. We will not be able to assist you to recover damaged, lost, stolen or inaccessible Content or replace Content where the reason for the problem is not attributable to defective Services provided by FetchTV or Content that was defective when You originally Acquired the Content from FetchTV.
8. Intellectual Property Rights
“Intellectual Property Rights” as used in these Terms means Copyright, Trademarks, design rights of all types and other intellectual property of all kinds. The Intellectual Property Rights in the FetchTV Services and the Content are owned by FetchTV and its Licensors. Limited licenses to Access Content are granted to You strictly as set out in these Terms and the Content License Terms some of which are contained in these Terms and some detailed on the Service. No other rights or licenses are granted to You and no Intellectual Property Rights are transferred to You. You may not commercialise the Content in any way and the restrictions mentioned in paragraph 6 above will be strictly interpreted.
9. Termination of Registration
You may cancel Your Registration by calling our Customer Services team on 0871 402 2192. After termination you may no longer use the Services or Acquire Content.
FetchTV may cancel Your Registration at any time by notifying you in writing (including by e-mail) to the address or e-mail address given in Your registration details that it intends to do so. If FetchTV suspects that You are in breach of these Terms or any License Terms applicable to Content it may terminate your Registration immediately and without notice.
10. Liability
10.1 EXCLUSIONS
(a) We do not guarantee that the Services and Content will not be affected by the effects of malicious code created by third parties. In no circumstances, other than as required by law where this restriction is not permitted, will We be liable to You for interruption of Services, damage to or loss of Content or Set Top Boxes, personal computers or other equipment or software or data caused by malicious code. Malicious code means viruses, code that that interrupts, restricts, limits or otherwise adversely effects the use of or damages or destroys any software, computer, set top box or other equipment.
(b) We will not be liable to You for any failure in or non-availability of the Services or Content except that where it is established that payment for the Content has been made and due to a fault or error in the Services or Content themselves, You have not had Access to the Content for the License Period We will re-perform the Services or re-provide the Content in full satisfaction of Our liability to You. Note: this does not include faults in the Services or Content not caused by FetchTV or failures caused by You, caused by failures in the internet or Your Broadband service or Your Set Top Box or other equipment.
(c) We will not be liable for any damage You suffer caused to You by third parties; caused by Your own negligence or deliberate acts or omissions; caused by Your breach of these Terms or License Terms; caused by Your breach of the law; caused by Your infringement of Intellectual Property Rights; or caused by any other matter beyond Our reasonable control.
(d) We will not be liable for delays in the Services, delay in authorising payments or obtaining that authorisation, delay in Your ability to Acquire or Access Content or any other delay where the delay is beyond our control.
(e) To the fullest extent permitted by law, We will not be liable to You for any loss of revenue, profits, for special damages, indirect loss or damage, purely economic loss, consequential damage or incidental damage You suffer nor for loss of or damage to data, software or information no matter how that loss or damage is caused.
10.2 LIMITATION
Where we do have a liability to You due to breach of these Terms or by reason of law, and that liability is not successfully excluded by these Terms, We limit our liability to You (unless the law prohibits Us from doing so) to a total liability for any cause or causes of action in the aggregate to the value of the payments made by You to Us for the Content to which the liability relates excluding VAT This limitation applies (to the extent permitted by law) to all causes of action whether for breach of contract, negligence, gross negligence, breach of third party rights or intellectual property rights or otherwise.
10.3 EXCEPTIONS
Nothing in these Terms is intended to or does restrict or limits Our liability to You for (a) fraud, (b) death or personal injury caused by Our negligence, (c) liability under the Consumer Protection legislation related to liability for defective products (Product Liability), or (d) any liability where and to the extent that to restrict or limit our liability to You would be unlawful.
11. Indemnity
You agree to indemnify Us against damages and costs (including legal fees) arising from liability caused by Your breach of these Terms, any License Terms or the Intellectual Property Rights or other rights of third parties or Content owners.
12. Law and Jurisdiction
These Terms and any dispute arising under or connected them or the Services or Content shall be exclusively governed and interpreted under Laws of England. The place of performance of this Agreement will be deemed to be London, England. The Courts of England shall have exclusive jurisdiction over any dispute arising in connection with this Agreement.
13. Severance of Terms
If any term included in these Terms is found by a court of competent jurisdiction to be unenforceable or void that term shall, where it is lawful to do so, be struck from these Terms and replaced by a term that most nearly achieves the objectives of the term struck from these Terms but which is valid and enforceable.
14. Transfer of Contracts, Rights and Obligations
FetchTV may transfer the Services to a third party and in doing so may Transfer any and all contracts and agreements, rights and obligations between You and FetchTV to that third party and You hereby consent to any such transfer. You may not transfer any contracts and agreements, rights and obligations between You and FetchTV to that third party.
15. Internet and Broadband Capacity
The Services are provided via the internet and Your internet and broadband connection. The quality of streaming or speed of download is dependant on factors beyond Your and Our control such as internet and bandwidth availability. You must ensure that have sufficient bandwidth to Access the Content and consider whether any cap on the Services provided by Your internet Service provider will be exceeded.
16. Collection Of Information
Personal Information about You , Your Use of the Services and Content and Your FetchTV account is collected by Us. Details of Our confidentiality policy and the limited uses to which Information We collect may be put is contained within Our Privacy Policy at the end of these Terms and Conditions
By Registering with FetchTV and agreeing to these Terms you also agree that we may collect such information and to accept Our Privacy Policy and that it will apply to the Information We hold about You, Your Use and Account.
17. No Waiver
No purported forbearance or waiver by Us to enforce Our rights under these Terms or License terms will be deemed to operate to waive Our rights in respect of a breach or breaches of these Terms or License terms unless the forbearance or waiver is in writing signed by an authorized representative of FetchTV. Any such written signed forbearance or waiver shall not operate as a forbearance or waiver for any further breach or breaches.
18. Third Party Rights
You agree that Licensors of Content shall be able to enforce the terms of the Content License terms directly against You. Otherwise, these Terms may only be enforced by You or Us and no third party shall be entitled to enforce these Terms or the Contracts incorporating these Terms and the License terms of Content utilizing the provisions of the Contracts (Rights of Third Parties) Act 1999.
19. Contacting Us and Further Information About Us
INFORMATION ABOUT OUR COMPANY REGISTRATION
Fetch TV is a trading name of IP Vision (UK) Limited, registered in England under number 05838858, registered office Hazlems Fenton, Palladium House, 1-4 Argyll Street, London W1F 7LD.
INFORMATION ABOUT OUR OPERATIONS AND CUSTOMER SERVICES
We operate from and Our Customer Services can be contacted between the hours of 9am and 5pm on Weekdays other than United Kingdom Public Holidays at:
FetchTV Customer Service, Roman Park, Roman Way, - Coleshill, Birmingham, B46 1HG
E-mail Address:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Telephone Number: 0871 402 2192 (landline calls charged at 10 pence per minute
Our VAT Number is 918 6585 80
COMPLAINTS
If You have any complaints about Our Service please contact Customer Services.
