Terms and Conditions
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 which commences on your date of purchase of the DTR;
"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 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 by mail, over the telephone or internet;
"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;
"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 Service 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 Service under a separate agreement. See the Top Up TV website for details.
3.0 PRICE AND PAMYMENT
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.
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 in writing via the details set out below. 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 or terminated and the HP Agreement will automatically terminate, 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.
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 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 LIMITATION OF LIABILITY
7.1 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 7.2.4, 7.2.5 and 7.2.6).
7.2 Subject always to clauses 7.1 and 7.3, we will not be liable under this Agreement for any damage or loss suffered or incurred by you:
7.2.1 as a consequence of any fault in your television set or your aerial or any problems associated with Freeview, its channels or service information;
7.2.2 as a consequence of any use of your DTR with any decoding apparatus which we have not approved;
7.2.3 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
7.2.4 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);
7.2.5 that was not caused by our breach or negligence; or
7.2.6 if you are not entering into this Agreement as a consumer.
7.3 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).
7.4 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.
7.5 Subject to clauses 7.1 and 7.2, 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.
8.0 CONTENT
8.1 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.
8.2 You must not use the DTR to access any services except Freeview and any other services we or any of our associated companies may offer or authorise you to receive.
8.3 This clause 8 will continue after this Agreement is cancelled or terminated for any reason.
9.0 OTHER MATTERS
9.1 You may not transfer your rights or obligations under this Agreement to anyone else.
9.2 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.
9.3 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.
9.4 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.
9.5 Please note that we reserve the right 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.
10.0 CONTACT DETAILS
10.1 Top Up TV Europe Limited has its registered office at 22 Grenville Street, St Helier, Jersey JE4 8PX
10.2 Our VAT number is 892 3602 12
10.3 Our customer helplines and services are available as follows:
For Customer Services, call 08444 159 159 (calls are charged at 5p per minute and where made from a mobile, your mobile tariffs will apply). This line is open between 8am and 10pm, 7 days a week. Information correct at time of going to print.
For correspondence, write to PO Box 801, Kirkcaldy, Fife, KY2 6 WW or email enquiries@topuptv.com.
Anytime Service Agreement
This document sets out the basis of your Agreement with Top Up TV Europe SARL. Under this Agreement we agree to provide you with certain television services and you make certain promises to us regarding payment and other matters. In this document we refer to Top Up TV Europe SARL as "us" or "we" and we refer to you as "you".
You agree(d) to be bound by this Agreement during your Subscription Process.
2.0 THE TERMS WE USE
2.1 We have used words with capital letters where those words have particular meanings. These meanings are set out below:
"Additional Service" means content or packages of content that you choose to subscribe to in addition to the Service (and which are not included in the Channel Package);
"Additional Service Fees" means the fees payable by you in relation to any Additional Service(s) that you subscribe to as specified during the Subscription Process;
"Address" means the address of your home in the United Kingdom given to us during your Subscription Process;
"Agreement" means the contract between you and us on the terms set out in this document;
"Channel Package" means the package of channels included in the Service from time to time (or, if more than one package is available, the package(s) you select based on our package selection rules at that time);
"Connection Fee" means, where specified during your Subscription Process only, the fee payable by you to us upon subscription to the Service or an Additional Service;
"DTR" means the digital video recorder box (also known as a Personal Video Recorder, or PVR) you use to receive the Service and/or Additional Service(s), either supplied by Top Up TV Europe Limited (a different company from us but in the same group) to you under separate agreement or by a third party;
"DTT" means digital terrestrial television;
"Existing Customer" means an existing customer of ours in possession of an activated Viewing Card;
"Fees" means, as applicable to you, the Connection Fee, Additional Service Fees, Service Fee and Viewing Card Replacement Fee;
"Freeview" Freeview is a separate free digital TV service which does not require a monthly subscription. Freeview is not operated by Top Up TV;
"Minimum Subscription Period" means the minimum duration of your subscription to the Service and/or an Additional Service if applicable as specified in Clause 3.2.2;
"Personal Library" means your own personal DTR hard disc space that you may use to store Programme Content or other content as set out in this Agreement;
"Programme Content" means programme content comprised within the Channel Package and/or any Additional Service(s) or that we may otherwise elect at our discretion to provide you with access to whether as part of the Service, Additional Service(s) or otherwise (including without limitation, any linear DTT broadcasts);
"Service" means the digital television recorder subscription service enabling you to access the Channel Package;
"Service Fee" means the fee payable by you to us for the Service as set out during the Subscription Process;
"Starter Pack" means the TUTV Anytime Starter Pack, which contains a Viewing Card and instructions for the activation of the Viewing Card;
"Subscription Process" means the process by which you registered with us whether over the telephone or internet;
"Top Up TV Library" means the library of Programme Content that is stored on your DTR by us subject to the restrictions set out in this Agreement;
"United Kingdom" means those parts of the United Kingdom of Great Britain and Northern Ireland in which DTT is available from time to time;
"Viewing Card" means the electronic card that enables you to view those parts of the Service 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 and is already in the possession of an Existing Customer; and
"Viewing Card Replacement Fee" means a reasonable fee (not exceeding £15) payable by you to us for a new Viewing Card as set out in this Agreement.
3.2 Termination of this Agreement by You:
3.2.1 Unless a Minimum Subscription Period applies (see Clause 3.2.2 below) or as otherwise set out in this Agreement, you may terminate this Agreement at any time by giving us at least 30 days' advance written notice by email or post to the addresses set out in Clause 10. If you do terminate this Agreement, as soon as your Viewing Card has been returned to us or to a third party that we will appoint (where requested by us), we will refund any part of the Fees you have paid in advance for the Service for the period after this Agreement has ended.
3.2.2 We may, from time to time, make available special offer(s) (for example Service/Additional Service and DTR rental/purchase or discounted subscriptions) which may require you to commit to a Minimum Subscription Period. If you take advantage of such an offer then your subscription to such Service/Additional Service under this Agreement or the relevant part of it will remain in force for that Minimum Subscription Period. In those circumstances, you can only terminate before the expiry of such Minimum Subscription Period:
(i) on written notice to us by email or post to the addresses set out in Clause 10 if we tell you we are going to change the terms of this Agreement in a way which materially affects your rights or obligations; or
(ii) as otherwise expressly set out in this Agreement.
If you terminate under Clauses (i) or (ii) above then, as soon as you have returned your Viewing Card to us or a third party that we will appoint (where requested by us), we will refund any part of the Fees you have paid in advance for the Service for the period after this Agreement has ended. If you otherwise choose to terminate this Agreement before the end of the Minimum Subscription Period then: (a) we may require that you return the Viewing Card to us or a third party that we will appoint; and (b) we reserve the right to charge you for such Fees as would have been payable to us in respect of such full Minimum Subscription Period.
3.2.3 Please note that we reserve the right to send a signal to your DTR disabling certain of your DTR's functions where you breach this Agreement including where you fail to pay any outstanding fees due from you under this Agreement. Except where you persistently breach this Agreement, the disabled functions will be restored on your DTR as soon as is reasonably possible after you comply with this Agreement.
3.3 Cancellation of this Agreement by You:
In addition to your right of termination as set out in Clause 3.2, unless you have commenced receiving access to the Service/Additional Service during such time under Clause 4.7 (in which case your right of cancellation under this Clause
3.3 will cease to apply from such date), you may cancel this Agreement within seven working days commencing on the day after you enter into this Agreement (or such other period as is given to you during the Subscription Process and confirmed to you in your welcome letter) by contacting us in writing via the details set out in Clause 10. Where you exercise such right of cancellation, we will refund to you any Fees paid. If you cancel, where requested by us, you are required to return the Viewing Card to us, or to a third party that we will appoint, as soon as possible at your own cost as per the instructions that we will give you. Failure to do so may result in us charging you for the replacement cost of such Viewing Card at the reasonable costs incurred by us in reclaiming it.
3.4 Termination or Suspension by Us
3.4.1 We may suspend or end your subscription to the Service and/or bring this Agreement to an end at any time on 30 days' notice to you. If we bring this Agreement to an end in this way then, as soon as we (or such third party as we shall appoint) have received your returned Viewing Card, we will refund any part of any Fees you have paid in advance for the Service for the period after this Agreement has ended.
3.4.2 We may bring this Agreement to an end immediately and pass your details to a third party debt collection agency to reclaim Fees owed to us, including such Fees as are specified in Clause 3.4.3, if you breach any of its terms or fail to honour your obligations under this Agreement. We may also suspend the Service/Additional Service or terminate this Agreement if bankruptcy proceedings are brought against you, you do not make payment of a court judgment on time, you make an arrangement with your creditors or if any of your assets are the subject of any form of seizure. If we bring this Agreement to an end under this Clause, we will not refund any part of any Fees you have paid in advance for the Service/Additional Service(s) for the period after this Agreement has ended.
3.4.3 Without prejudice to any other legal rights we might have, where your Minimum Subscription Period is for (twelve) 12 months or longer and you breach any of the terms of this Agreement we may require you to pay to us any Fees related to the outstanding duration of the Minimum Subscription Period.
3.5 Consequences of Termination or Cancellation: Where this Agreement is cancelled or terminated for any reason then you will no longer be able to access the Programme Content, your Top Up TV Library or Programme Content saved in your Personal Library but we do, however, reserve the right to send visual and data content to your DTR.
4.0 THE SERVICE/ADDITIONAL SERVICE(S) AND WHAT WE PROMISE YOU
4.1 Service/Additional Service(s): We will do everything we reasonably can to broadcast the Service/Additional Service(s) you subscribe to for as long as you remain a party to this Agreement. However, you acknowledge that:
- The Service/Additional Services work by instructing your DTR to record Programme Content for your later viewing. We may make such instruction to your DTR at any time, day or night, at our discretion.
- In some circumstances, if you choose to use your DTR whilst the DTR is being used to record Programme Content, your DTR will not be able to record all the new Programme Content that we are trying to send to you. You will be given an on-screen warning message if this happens.
- We may change the Channel Package and Additional Services from time to time.
- It will initially take 7 days from commencement of the Service/ Additional Service under Clause 4.7 for your Top Up TV Library to be fully populated with Programme Content by us.
- Programme Content that is made available if you subscribe to the Service is made up of programmes selected from the different channels in the Channel Package. We do not broadcast entire channels as part of the Service. This means that programmes from channels in the Channel Package may be available to you at times different to their "live" broadcast hours on the actual channels.
- Programme Content will be automatically overwritten from your Top Up TV Library after the period specified to you on screen. If you want to retain the Programme Content beyond such period, you must save it to your Personal Library. However, some Programme Content has a specific "delete date" beyond which we are under an obligation from the Programme Content owners to automatically delete such Programme Content entirely, including from your Personal Library. Any such delete date will be indicated to you on-screen.
- Limitations on hard disc space on your DTR may prevent you from storing or receiving new Programme Content in your Top Up TV Library or Personal Library. You have the option to customise the Programme Content that you receive and to delete Programme Content so as to make more space available. Instructions will be given to you on how to do this. You will be warned on screen if there is no more disc space.
- We may provide you with access to additional Programme Content (whether via your DTR or in the form of broadcast content) that we think may be of interest to you at our discretion from time to time.
- We do not provide the service offered by Freeview, and are not responsible for it in any way. Any issues concerning the channels that form the Freeview service should be directed to Freeview and not to us.
- In order to receive the Service or Additional Service(s) that you subscribe to, you must be able to receive channel five via DTT.
4.2 Technical Difficulties: We will make all reasonable efforts so that you will receive the Service/Additional Service(s) without any interruptions. However, from time to time, faults occur with technology and you may experience occasional disruptions (for example, because of planned or emergency maintenance) to the Service/Additional Service(s). You may also experience difficulties in reception of the Service/Additional Service(s) depending on where you live and the condition of your aerial and we cannot be liable for such difficulties which are beyond our control. If you find that you are unable to receive the Service/Additional Service(s) because of where you live, you may end your subscription and this Agreement by notifying us in writing and returning your Viewing Card to us, or to a third party that we will appoint.
4.3 Telephone calls: 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.
4.4 Programming: We are constantly looking to improve the Service and Additional Services. This may mean that some parts of the Service or Additional Service(s) you receive may be discontinued or altered or that the number of hours for which they are broadcast is altered without notice. We reserve the right to recategorise any channel in the Channel Package as an Additional Service (meaning that you must subscribe to it separately and pay an additional fee where required) or vice versa.
4.5 Change to Payment Amount: We may change the Fees to cover any increase in the Retail Price Index or otherwise at any time by giving you at advance written notice (in which case, your attention is drawn to your rights under Clause 3.2). However, where you are subject to a Minimum Subscription Period, we agree that, unless such change is due to your decision to change what you subscribe to under Clause 4.6, we will not increase each of the Connection Fee, Service Fee, Additional Service Fees and/or Viewing Card Replacement Fee more than once in any year. However, we may also change the amount of any of the Fees with immediate effect to reflect any change in the applicable rate of VAT and/or if we are required by law or a regulatory authority to change our pricing structure in a way which affects the Fees.
4.6 Changing your choice: Subject to any Minimum Subscription Period, you may subscribe to or de-subscribe from your Channel Package,the Service and/or any Additional Service(s) at any time by contacting us (see Clause 10 for our contact details). The changes (and any consequential changes to the Fees) will take effect 30 days after our receipt of such notice. A subscription to a further Service or Additional Service will be available on the same day. For de-subscriptions you need to give us 30 days' notice.
4.7 Commencement of the Service/Additional Service: You will have access to the relevant Service/Other Service(s) from the access time or date notified to you during the Subscription Process although this is subject always to Clause 4.8 (where your Viewing Card needs to be activated) and to Clause 4.1 (in relation to the time needed to populate your Top Up TV Library with Programme Content).
4.8 Activation of Viewing Card: You will be informed during the Subscription Process whether your Viewing Card comes (or is) pre-activated or whether, for security reasons, your Viewing Card may not be activated until we, or a third party appointed by us, dispatch it to you contained in the Starter Pack. If we have informed you that your Viewing Card is not yet activated then, once you receive your Starter Pack, you will need to call us and request that the Viewing Card be activated. We will then use reasonable endeavours to activate your Viewing Card within 24 hours. We will not start charging you until we send a signal to activate your Viewing Card, unless you are an Existing Customer. Where you are an Existing Customer you will be able to use your existing Viewing Card to view those parts of the Service and/or Additional Service to which you are entitled by means of a DTR and will not receive a Starter Pack.
4.9 Starter Pack: Where you are not an Existing Customer and do not purchase your DTR from a third party you will receive a Starter Pack in the manner explained to you during the Subscription Process. Where you purchase your DTR from a third party you will need to either contact us in order to purchase a Starter Pack or, where possible, purchase a Starter Pack from the third party who sells you the DTR. Where you are an Existing Customer you will not need to purchase a Starter Pack.
5.0 WHAT YOU PROMISE US
5.1 Personal Details: 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.
5.2 Fees and Payment:You agree to pay us any Connection Fee (where relevant) upon accepting this Agreement and to pay the relevant Service Fee in the way we have agreed with you during the Subscription Process and confirmed to you in writing. Any such Connection Fee, where applicable, is non-refundable (unless you are cancelling the Agreement under Clause 3.3). Where you default on any Fees due under this Agreement during any Minimum Subscription Period and we or you terminate you will owe us the full Service Fees payable to us during the course of the Minimum Subscription Period.
5.3 Direct Debit/Credit Card: If you have chosen to pay by direct debit or credit card:
5.3.1 you agree to allow us to alter your direct debit or credit card instruction (including the amount) for any reason, subject to the terms of the Direct Debit Guarantee;
5.3.2 we may also charge any other payment due to us under this Agreement or any other agreement you have with us by means of your direct debit or credit card; and
5.3.3 you confirm that the card that is being used is yours. All credit/debit 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 refused.
5.4 We may offer the opportunity to pay by alternative payment means from time to time such as cash or online payment system. If we do so, we may charge more for the Service/Additional Service in order to cover, for example, our additional administration costs. Any such charges will be set out in the Subscription Process.
5.5 Credit Check: 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. Information thus held is used only to help make credit decisions affecting you or members of your household, or occasionally for fraud prevention or tracing debtors.
5.6 Personal Data: 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 at www.topuptv.com.
6.0 VIEWING CARD AND DTR
6.1 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 Service/Additional Service(s) to which you are entitled. We, or a third party we will appoint, will provide you with a Starter Pack containing a single Viewing Card, provided that you are not an Existing Customer. An additional charge will apply to further Viewing Cards that you request and to replacement Viewing Cards as set out in this Clause 6. We may activate or deactivate Viewing Cards in accordance with this Agreement. Having the Viewing Card does not mean that you have a right to view or use any part of the Service/Additional Service(s). If for some reason it is or remains activated when you are not paying Fees due to us, or you are for any other reason not entitled to view the Service/Additional Service(s), you agree that you will not use the Viewing Card, you will promptly tell us immediately and will return the Viewing Card to us, or to a third party we will appoint, if we ask you to.
6.2 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. In the event that you fail to return a Viewing Card where required to do so, you shall not be entitled to any refund owed to you by us until such time as the Viewing Card is returned. Your Viewing Card is for your personal use only and must not be given to anyone else or we may deactivate it.
6.3 Interference with Viewing Card: You must only use the Viewing Card with the DTR you tell us about during the Subscription Process. If you change your DTR, you must tell us straight away. 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) complying with the requirements on the card carrier in which your card was delivered;
(ii) keeping the Viewing Card at a temperature between 0°C and 40°C;
(iii) keeping the Viewing Card at a humidity level between 20% and 80%;
(iv) handling the Viewing Card only using the plastic portion;
(v) not handling the Viewing Card using gilded connectors or separating the chip from its support;
(vi) not inserting the Viewing Card in anything other than its intended reader;
(vii) not attempting to make any modifications of any kind to the Viewing Card; and
(viii) not decompiling, disassembling, modifying or reverse engineering the Viewing Card or any part of it.
6.4 Lost, stolen or malfunctioning Viewing Cards: If your Viewing Card is lost, stolen or damaged, you must tell us immediately. We will replace your lost, stolen or damaged Viewing Card provided you pay us, or a third party we will appoint, a Viewing Card Replacement Fee or in the case of damaged Viewing Cards, provided you return your damaged Viewing Card to us, or a third party we will appoint. We will not charge you for a replacement Viewing Card if the Viewing Card was defective when delivered to you.
6.5 Replacement of Viewing Cards: For security reasons your Viewing Card(s) will be replaced from time to time at no charge to you.
6.6 Deactivation: We may deactivate a Viewing Card: (i) if you tamper with it or use it for anything or in any way that we have not authorised (this includes failing to comply with those instructions listed in Clause 6.3); (ii) if it is necessary to protect the security of our transmission system; (iii) if you are in breach of this Agreement (this includes but is not limited to a failure by you to pay any Fees due); (iv) if this Agreement comes to an end; or (v) if it is otherwise reasonable for us to do so. Where you request your Viewing Card to be reactivated following a deactivation you will be charged a reasonable reconnection fee for such reactivation, subject to our discretion.
6.7 DTR: We do not provide DTRs under this Agreement and, without prejudice to our rights under Clause 3.2.3, cannot be held responsible for any faults with them, incompatibility with the Viewing Card or any damage they may cause. You should contact your DTR manufacturer or retailer in the event of any problems. You should keep your Viewing Card in your DTR at all times to be able to receive the Service, 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 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 the Service/Additional Service(s).
7.0 WHAT RIGHTS AND REMEDIES WILL YOU HAVE AGAINST US?
7.1 Acceptance of liability: We will always be liable to you for death or personal injury caused by our negligence. In addition we do not restrict or limit our liability to the extent it arises as a result of our breach or negligence (except as set out in Clauses 7.2.4, 7.2.5 and 7.2.6).
7.2 Limitation of liability: Subject always to Clauses 7.1 and 7.3, we will not be liable under this Agreement for any damage or loss suffered or incurred by you:
7.2.1 as a consequence of any fault in a DTR (except as set out in a separate agreement with you where you purchase such DTR from us), your television set or your aerial or any problems associated with Freeview, its channels or service information;
7.2.2 as a consequence of any use of your Viewing Card with any decoding apparatus which we have not approved;
7.2.3 as a consequence of any fault in your Viewing Card caused by you or anyone else damaging or tampering with it (this includes but is not limited to damage caused by a DTR), your negligence or failure to follow our reasonable instructions; negligence or failure to follow our reasonable instructions; or
7.2.4 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);
7.2.5 that was not caused by our breach or negligence;
7.2.6 if you are not entering into this Agreement as a consumer; or
7.2.7 as set out in and due to your inability to adhere to the recommendations and requirements specified in Clauses 4.1, 6.3, 6.6 and 6.7.
7.3 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 provide the Service 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).
7.4 To the fullest extent permissible under law, we disclaim any and all warranties of any kind (whether express or implied) in relation to the Service and/or Additional Service(s). Your statutory rights as a consumer are not affected however. For more details on your statutory rights you should contact your local Trading Standards Office or Citizen's Advice Bureau.
7.5 Subject to clauses 7.1 and 7.2 our liability to you in contract, tort, negligence, pre-contract or other representations or otherwise arising out of or in connection with this Agreement shall be limited in aggregate to the Fees paid by you.
7.6 Consequences of termination: Upon termination of this Agreement for any reason we will deactivate the Viewing Card. Thereafter, you will not be entitled to receive the Service.
8.0 USE OF THE SERVICE/ ADDITIONAL SERVICE(S)
8.1 Your Promise To Us: You confirm to us that you will only use the Viewing Card in an authorised DTR and at your Address for the purposes of viewing those parts of the Service/Other Service(s) which you are entitled to view for private domestic viewing purposes. In particular you will not sell or make any charge for watching any part of the Service/Other Service(s) or view any part of it in any public place or in any private place other than a home (for example a hotel, motel, restaurant, bar or other licensed premises or any club or similar place).
8.2 Copying: You agree not to redistribute or relay any part of the Service/Additional Service(s) or Programme Content to third parties and not to make any recording or copy except for viewing at your Address at a more convenient time. We may use your Viewing Card to ensure that you cannot copy any part of the Service/Additional Service(s) where we are under a contractual obligation to do so.
8.3 Your duty to compensate us: If you use the Service/Additional Service(s) for any purpose other than for private domestic viewing, you will be liable to compensate us in full for any loss, liability or cost which we incur arising from or in connection with any breach by you of this Agreement.
9.0 OTHER MATTERS
9.1 Transfer of this Agreement: We may wish to transfer our rights or obligations under this Agreement to any other legal entity. You agree that (i) we may do so provided that this will not affect the scope of your rights but only the entity against which you may assert your rights; and (ii) after we notify you of the date we will transfer the rights and obligations under this Agreement to another legal entity, your only rights under or in connection with this Agreement will be against the new legal entity and not Top Up TV Europe SARL.
You may not transfer your rights or obligations under this Agreement to anyone else.
9.2 Governing Law: 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.
10.0 CONTACT DETAILS
10.1 Top Up TV Europe S.A.R.L has its registered office at:
Top Up TV Europe S.A.R.L
45, Boulevard Pierre Frieden
L-1543 Luxembourg
10.2 Our VAT number is LU 21563981
10.3 Our customer helplines and services are available as follows:
For Customer Services, call 08444 159 159 (calls are charged at 5p per minute and where made from a mobile, your mobile tariffs will apply). This line is open between 8am and 10pm, 7 days a week. Information correct at time of going to print.
For correspondence, write to:
PO Box 801
Kirkcaldy
Fife, KY2 6 WW
or email enquiries@topuptv.com.
**Freeview is a separate free digital TV service which does no require a monthly subscription. Freeview is not operated by Top Up TV.
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