Terms and Conditions
Welcome to Tennis TV, a subscription service that provides our members with access to live tennis matches and highlights of tennis matches streamed over the internet to certain internet-connected computers, tablets, platforms and smart phones. These terms and conditions govern your subscription to Tennis TV. Please read these terms and conditions carefully before subscribing to Tennis TV.
1. DEFINITIONS AND INTERPRETATION
1.1 The following definitions apply to these Terms:
" Affiliates " means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with us;
" Charges " means the price for a Subscription as set out during the Order process;
" Content " means the audio-visual coverage of live tennis matches and highlights from tennis matches as further set out in clause 3.1;
"Control" means, in respect of any corporate entity, the beneficial ownership of more than 50% of the issued share capital of that entity or the legal power to direct or cause the direction of the general management of that entity, and Controls and Controlled shall be construed accordingly;
" Cooling-off Period " has the meaning given to it in clause 6.1;
" Event Outside Our Control " means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks;
" Intellectual Property Rights " means any and all present and future, patents, inventions, know-how, trade secrets and other confidential information, trademarks, service marks, logos, emblems, badges, mascots, insignia, identifying music and sounds, get-up, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, the sui generis rights of extraction relating to databases, design rights and other intellectual property rights of whatever nature, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;
“ Initial Term ” has: (i) for monthly Subscriptions, the meaning given to it in clause 8.2.1; (ii) for annual Subscriptions, the meaning given to it in clause 8.3.1; and (iii) for other Subscription periods set out in Offer-specific terms, the meaning given to it in clause 8.4.1;
" Offers " has the meaning given to it in clause 5.10;
" Offer-specific Terms " has the meaning given to it in clause 5.10;
" Order " means an order for the Services placed by you with us in accordance with these Terms (and " Ordered" shall be construed accordingly);
" Payment Methods " is defined in clause 5.6;
" Regulations " has the meaning given to it in clause 6.1;
" Renewal Period " has: (i) for monthly Subscriptions, the meaning given to it in clause 8.2.1; for annual Subscriptions, the meaning given to it in clause 8.3.1; and (iii) for other Subscription periods set out in Offer-specific Terms, the meaning given to it in clause 8.4.1;
" Services " means the provision of the Content, the video player on the Website and any other features, tools, applications, materials and other services offered as part of your Subscription;
" Subscription " means your subscription for the Services which is subject to these Terms and which is formed in accordance with clause 2 (and " Subscribe " shall be construed accordingly);
" Terms " means these subscription terms and conditions, which apply to your Subscription;
" Third Party Platform " means each platform hosted by a third party (such as, for example purposes only, Apple TV) on which a Subscriber can stream the Content;
" you " means you, the individual user who is placing an Order;
" we " means Tennis Properties Limited (trading as ATP Media), a company registered in England with company number 03650220 whose registered office is at Thames House, Portsmouth Road, Esher, Surrey KT10 9AD; and
" Website " means our website at http://www.tennistv.com/ .
1.2 The clause headings in these Terms are included for convenience only and shall not affect the interpretation of these Terms.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.
1.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular and a reference to one gender shall include a reference to the other genders.
1.6 A reference to any party shall include that party's personal representatives, successors and permitted assigns.
1.7 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and a reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
1.8 A reference to these Terms or to any other terms, agreements or documents referred to in these Terms is a reference to these Terms or such other agreement or document as varied, amended or replaced from time to time.
1.9 References to “ clauses ” are to the clauses of these Terms.
1.10 Any words following the terms “ including ”, “ include ”, “ in particular ”, “ for example ” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. ORDERS AND FORMING YOUR SUBSCRIPTION
2.1 You may take out a Subscription either through the Website or a Third Party Platform. To place an Order, follow the instructions set out on the Website or relevant Third Party Platform. During this process you will be able to check and amend any errors before submitting your Order to us.
2.2 Your Order for the Services is an offer by you to enter into a Subscription with us. We will notify you by email if we accept your offer at which point a contract will be formed between us in respect of your Subscription.
2.3 Please note that:
2.3.3 if you use the Services via a Third Party Platform, you will be bound by and must comply with the terms imposed by the operator of such Third Party Platform for use of such Third Party Platform.
3. PROVIDING CONTENT
3.1 Following conclusion of your Order in accordance with clause 2, we shall make the Services available to you which, amongst other things, includes making the Content available for streaming live via the internet. The amount and type of Content provided as part of the Services, and the duration of your Subscription, is as set out in the Order process. The Content available to be provided as part of the Services will change from time to time during your Subscription but will always include live streaming of certain competitive matches from the ATP World Tour Masters 1000s, the ATP World Tour 500 Series, the ATP World Tour 250 Series and the ATP World Tour Finals.
3.2 You may view the Content through the Services primarily within the country in which you have established your Subscription and only in geographic locations where we offer our Service and have licensed such Content. The Content that may be available to watch will vary by geographic location and will change from time to time. An up-to-date list of the geographic restrictions on the availability of Content is available here: help.tennistv.com
3.3 You acknowledge that we do not organise any of the tennis events that form part of the Content and we shall not therefore be liable to you if any tennis events do not take place as expected during the term of your Subscription.
3.4 We grant you a limited, non-exclusive, non-transferable licence to use the Services on a streaming-only basis for the duration of your Subscription in accordance with these Terms.
3.5 We shall always make the Content available for streaming on the Website which can be accessed via computers, tablets and smart phones. The Website is designed to be compatible with all modern browsers. The minimum connection speed in order to stream the Content via the Website is 1 Mbps. You may need to update the software on your device from time to time in order to be able to access the Website. The Content will be available for streaming using the latest and previous versions of Windows and Apple's operating systems.
3.6 As well as via the Website, we may from time to time make the Content available for streaming on Third Party Platforms. We do not control such Third Party Platforms and therefore we do not commit to making the Content available on any particular Third Party Platform and have no liability to you if Content ceases to be available on a particular Third Party Platform during your Subscription.
3.7 We will carry out our obligation to provide you with the Services with reasonable skill and care.
3.8 You are responsible for making all arrangements necessary for you to have access to our Website or Third Party Platforms.
3.9 We shall endeavour to provide constant, uninterrupted access to the Website for exploitation of the Services. However, please note that:
3.9.1 we may suspend, withdraw, discontinue or change all or any part of our Website without notice;
3.9.2 the image and sound quality of the Content may vary, whether due to the bandwidth available through and/or speed of your internet connection and telephone line;
3.9.3 the Services may not be uninterrupted, timely, secure or error-free; and
3.9.4 from time to time we may need to close the Website and suspend the Services to carry out upgrade and/or maintenance,
but, for any significant suspension of the Services via the Website, we will refund you, on a pro rata basis, the Charges paid by you for the portion of your Subscription for which the Services were not available.
3.10 If the Website is unavailable for a continuous period of three days, you may terminate your Subscription immediately by giving written notice to us. If you exercise this right, our sole liability to you shall be to refund you, on a pro rata basis, the Charges paid by you for the portion of your Subscription remaining after the date on which the Website ceased to be available. If you have subscribed via a Third Party platform you will need to go through the appropriate procedure to claim a refund, and their own terms and conditions of subscription will apply.
4. YOUR OBLIGATIONS
4.1 You agree only to access, use, reproduce, modify, download, print or otherwise make available the Services for private, non-commercial use.
4.2 You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services. In the event that we reasonably determine that you do not meet these requirements, we reserve the right to refuse the provision of the Services to you.
4.3 You agree that you:
4.3.1 shall not use the Services to develop or provide, directly or indirectly, any product or service that competes with our business or any of our Affiliates' businesses;
4.3.2 shall not use the Services in any way which might infringe any third party rights, including third party Intellectual Property Rights;
4.3.3 shall not use the Services in any way that is contrary to applicable law, rules and regulations;
4.3.4 shall not modify, decompile or reverse engineer any software supplied as part of, or in connection with, the Services;
4.3.5 shall not view the Services in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so;
4.3.6 are not permitted to use the Services by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Services for use within a third party website or application; and
4.3.7 shall not abuse the Website or use it for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the Website, or using the Website in a manner which is discriminatory, offensive, abusive, malicious, defamatory or otherwise violates or infringes the rights of anyone else).
4.4 You shall set up a user name and password as part of the Order process to access the Content and use the Services. You shall not share your user name and password with anybody or in any way make them accessible to others.
5. CHARGES AND PAYMENT
5.1 We shall give you the option to subscribe on an annual basis, a monthly basis or other time-period basis as set out in Offer-specific Terms. In either case, you shall pay to us the Charges for the Initial Term and each subsequent Renewal Period upfront at the start of that Initial Term or Renewal Period (as applicable).
5.2 In addition to our Charges for your Subscription, you are responsible for paying any internet connection or other telecommunication charges plus any VAT thereon payable for accessing the Services. Remember that streaming audio-visual content can use up a lot of data, so if your broadband package doesn't give you unlimited downloads you need to check that you have an adequate monthly data allowance.
5.3 The Charges shall include the price for your Subscription plus any applicable VAT or other similar sales, turnover or consumption taxes in effect (if any) at the applicable rate chargeable for the time being in your country of residence for tax purposes.
5.4 If the price or Charge we state to you for your Order is clearly incorrect then we are not obliged to provide you with a Subscription at that price or Charge even if we have accepted your Order. If we notify you of a pricing error, you may continue your Subscription at the correct price or cancel your Subscription without any obligation to us and we shall refund you any monies that you have paid to us in respect of that Subscription.
5.5 We have the right to make changes to the Charges from time to time, although we shall not make any change to the Charges applicable to you during the current Initial Term or Renewal Period (as applicable). If these changes result in an increase in the Charges payable by you, we shall inform you at least 28 days in advance of the change. If you do not agree to pay the increased Charges, you may terminate your Subscription in accordance with clauses 2.2, 8.3.2 and 8.4.2.
5.6 You shall pay the Charges by MasterCard, Visa, Visa Delta JCB cards or PayPal or Direct Debit mandate or other payment methods set out in the Order process (the “ Payment Methods ”). You confirm that the card or bank account or third-party account (such as iTunes) which is being used is yours, or that you have the authorisation of the card holder or account owner to use it.
5.7 If your Payment Method is a MasterCard, Visa or Visa Delta JCB card, you authorise us to take payments from the card chosen by you on a recurring monthly or annual basis as applicable, for the duration of your Subscription including for any additional amounts arising under Clauses 3 or 5.4 or otherwise (including any VAT or other taxes and late fees, as applicable) that may be accrued by or in connection with your Subscription.
5.8 You shall pay all amounts due under these Terms in full without any deduction or withholding except as required or permitted by law. We may, without limiting its other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
5.9 If you Subscribe using a Third Party Platform such as iTunes or Roku, then you may be required to pay the Charges to the operator of that Third Party Platform who will collect the Charges on our behalf. Payment will be charged to that platform at confirmation of purchase. If you Subscribe using the Website then MPP may collect the Charges on our behalf as our appointed payment processor.
5.10 From time to time, we may inform you of special offers on the Website or by email (the " Offers "). The Offers may have minimum subscription terms, payment terms, termination terms or other terms which are different to the equivalent provisions set out in these Terms (the " Offer-specific Terms ").
5.11 Where an Offer applies to your Order, the Offer-specific Terms applicable to that Offer will apply to your Subscription in addition to these Terms. Any Offer-specific Terms will be stated on the Offer and set out in your Order.
6. CANCELLED AND REFUND
This clause 6 relates to your rights to cancel your Subscription and receive a refund. You can obtain advice about your right to cancel your Subscription from your local Citizens' Advice Bureau or Trading Standards Office.
6.1 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the " Regulations ") you have the right to cancel your Subscription, for any reason, within 14 days of the date of your Subscription (the “ Cooling-off Period ”).
6.2 If you wish to exercise your right to cancel in accordance with clause 1, you must contact us to let us know that you are doing so. You may do this by completing the cancellation form on the Website at help.tennistv.com or emailing us at firstname.lastname@example.org. We will send you an acknowledgement of receipt by email.
6.3 If you exercise your right of cancellation in accordance with clause 1, this contract will come to an end and we will reimburse to you all payments received from you for your Subscription. We will make this reimbursement no later than 14 days after the day on which we are informed about your decision to cancel your Subscription. We will make the reimbursement using the same means of payment you use to pay for your Subscription, unless you expressly agree otherwise.
6.4 If you wish to stream Content during the Cooling-off Period then you may do so but:
6.4.1 you expressly agree that we may begin to make the Content available to you during the Cooling-Off Period; and
6.4.2 you expressly acknowledge and agree that your right to cancel your Order under the Regulations (as set out in clause 6.1) will be lost.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may amend or add to these Terms as they apply to your Subscription during the current Initial Term or Renewal Period (as applicable) for security, legal or regulatory reasons, provided that:
7.1.1 we shall notify you at least two days in advance of such amendment or addition;
7.1.2 we will not use this right to vary the price or the main rights granted to you under these Terms; and
7.1.3 if you are dissatisfied with such amendments or additions, you may cancel your Subscription immediately by logging in and going to the "My Account" page on the Website and clicking on the "Cancel Subscription" button or by sending an email to email@example.com We shall refund you, on a pro rata basis, the Charges paid by you that are for the portion of your Subscription remaining after termination of your Subscription occurs.
7.2.1 we shall provide you with at least seven days' notice in advance of such revision;
7.2.2 such revision shall take effect at the start of the next following Renewal Period; and
7.2.3 if you are dissatisfied with such revision, you may cancel your Subscription in accordance with the process set out in clause 2.2, 8.3.2 or 8.4.2.
8. TERM AND TERMINATION
8.1 You shall have the option during the Order process to select to Subscribe on a monthly or annual basis. In addition, a different time-period may apply as set out in Order-specific Terms.
8.2 If you selected a monthly Subscription then the following shall apply to you:
8.2.1 unless otherwise terminated or cancelled in accordance with these Terms, your Subscription will last for a period of one month (the “ Initial Term ”). Your subscription will automatically renew at the end of the Initial Term for a further period of one month and shall continue to renew for successive periods of one month (each such month, a “ Renewal Period ”). By way of example, if you Subscribe on 25 January, the Initial Term is 25 January to 24 February (inclusive) and Renewal Periods shall run from the 25th of one month to the 24th of the next month (inclusive).If you subscribed via iTunes your account will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period;
8.2.2 you may cancel your Subscription by logging in and going to the "My Account" page on the Website and clicking on the "Cancel Subscription" button or by sending an email to firstname.lastname@example.org Your Subscription will be cancelled from the end of the Initial Term or Renewal Period (as applicable) during which you cancelled your Subscription; If you subscribed via iTunes, you can turn off your auto-renewal by going to your Account Settings after purchase and
8.2.3 you will continue to have access to the Services for the period between you notifying us that you wish to cancel your Subscription and the cancellation taking effect under clause 2.2 above, provided that you have paid the Charges for that period.
8.3 If you selected an annual Subscription then the following shall apply to you:
8.3.1 unless otherwise terminated or cancelled in accordance with these Terms, your Subscription will last for a period of 12 months (the “ Initial Term ”). Your subscription will automatically renew at the end of the Initial Term for a further period of 12 months and shall continue to renew for successive periods of 12 months (each such 12 month period, a “ Renewal Period ”). By way of example, if you Subscribe on 25 January, the Initial Term is 25 January of that year to 24 January of the following year (inclusive) and Renewal Periods shall run from 25 January of one year to 24 January of the following year (inclusive) If you subscribed via iTunes your account will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period;
8.3.2 you may cancel your Subscription by logging in and going to the "My Account" page on the Website and clicking on the "Cancel Subscription" button or by sending an email to email@example.com Your Subscription will be cancelled from the end of the Initial Term or Renewal Period (as applicable) during which you cancelled your Subscription. . If you subscribed via iTunes, you can turn off your auto-renewal by going to your Account Settings after purchase; and
8.3.3 if you exercise your right to cancel your Subscription in accordance with clause 3.2 after the Cooling-off Period has expired but prior to the end of the first two months of the Initial Term (the " Cancellation Period "), your cancellation shall take effect at the end of the Cancellation Period and we shall refund you, on a pro rata basis, the Charges paid by you that are for the portion of your Subscription remaining after termination of your Subscription occurs.
8.4 If you selected a different Subscription period as set out in Offer-specific Term, then the following shall apply to you:
8.4.1 unless otherwise terminated or cancelled in accordance with these Terms, your Subscription will last for the period set out in the Offer-specific Terms (the “ Initial Term ”). Your subscription will automatically renew at the end of the Initial Term for a further identical period and shall continue to renew for successive identical periods (each such identical period, a “ Renewal Period ”) If you subscribed via iTunes your account will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period;
8.4.2 you may cancel your Subscription by logging in and going to the "My Account" page on the Website and clicking on the "Cancel Subscription" button or by sending an email to firstname.lastname@example.org Your Subscription will be cancelled from the end of the Initial Term or Renewal Period (as applicable) during which you cancelled your Subscription. If you subscribed via iTunes, you can turn off your auto-renewal by going to your Account Settings after purchase; and
8.4.3 you will continue to have access to the Services for the period between you notifying us that you wish to cancel your Subscription and the cancellation taking effect under clause 4.2 above, provided that you have paid the Charges for that period.
Suspension and termination by us
8.5 We shall terminate your Subscription at any time with immediate effect without refunding or compensating you by giving written notice to you if you fail to pay any amount due under these Terms on the due date for payment.
8.6 We may, at our option, suspend access to the Services or terminate your Subscription at any time with immediate effect without refunding or compensating you by giving written notice to you if:
8.6.1 you breach these Terms (save for non-payment which shall be dealt with under in clause 5), although for non-serious breaches we will first give you an opportunity to put things right which you will need to do within seven days; or
8.6.2 we reasonably believe that your use of the Services is infringing or is likely to infringe any third party rights or you are in any other way committing fraudulent activity in the use of the Services.
8.7 We may also suspend or terminate your Subscription at any time with immediate effect if we cannot provided the Services to you due to technical or operational reasons outside of our control. In these circumstances, we shall refund you, on a pro rata basis, the Charges paid by you that are for the portion of your Subscription remaining after termination of your Subscription occurs.
8.8 We may cancel your Subscription at any time by giving you at least seven days' notice in writing. If we exercise this right, we shall refund you, on a pro rata basis, the Charges paid by you that are for the portion of your Subscription remaining after termination of your Subscription occurs.
9. CONSEQUENCES OF TERMINATION
9.1 On expiry or termination of your Subscription for any reason:
9.1.1 you shall immediately pay to us all outstanding unpaid Charges;
9.1.2 your access to the Services will be revoked; and
9.1.3 the licence granted in clause 4 will cease.
9.2 We shall pay any refund due from us to you on termination of your Subscription no later than 30 days from the date of termination. We shall pay such refund using the Payment Method you selected when you placed your order or by cheque if you have made payment to us via direct debit.
10. MESSAGE FEATURES
10.1 Whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, you must comply with the terms of this clause 10. You undertake that any such contribution complies with these standards.
10.2 Our Website may offer opportunities for you to transmit messages in connection with various features including email, message boards and chat rooms (the " Message Features ").
10.3 Where we do provide any Message Features, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). However, we are under no obligation to oversee, monitor or moderate any Message Features we provide on the Website. We expressly exclude our liability for any loss or damage arising from the use of any Message Features (save for death or personal injury caused by our negligence or fraud or fraudulent misrepresentation) by a user in contravention of our content standards, whether the service is moderated or not.
10.4 Any use or reliance on any content or materials posted by other subscribers on the Message Features is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any content or communications posted via the Message Features or endorse any opinions expressed via the Message Features.
10.5 You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message (" Message ") in connection with any Message Feature that is discriminatory, offensive, constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violates any applicable law, rule or regulation, infringes the rights of third parties (including their privacy rights), contains any information of a commercial nature, contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful programming routine or in any way adversely affects, restricts or inhibits any other user from using and enjoying the Website.
10.6 You must not upload, post or otherwise transmit any content that includes any of the following content:
10.6.1 any personal information belonging to you or any other person;
10.6.2 spam, such as advertisements for other websites;
10.6.3 flooding the Message Features with excessive posts or meaningless posts;
10.6.4 repetitive or continuous complaints about your Subscription, us, Tennis TV or the Content;
10.6.5 posting a link directing users to any information or content that, if posted on the Measure Features, would constitute a violation of the Terms; and/or
10.6.6 postings that break the law or encourage breaking the law, including libel, contempt of court and breach of copyright;
10.6.7 advice that, if followed, may result in bodily injury, harm or an offence.
10.7 You are not permitted to access the Message Features by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Message Features for use within a third party website or application.
10.8 You acknowledge that by posting materials or content on the Message Features you grant to us and those who are authorised by us, an irrevocable, perpetual, royalty-free, worldwide permission to use the materials both within the Message Features and in any other manner. This permission extends to copying, distributing, broadcasting and other transmitting, adapting and editing the materials.
10.9 When using the Message Features, you should always take the following precautions:
10.9.1 keep your identity private. Do not give out your full name, postal address, telephone number, email address, the name of your school or any other information (other than that specifically requested by us) that could help someone discover your actual identity;
10.9.2 never meet with someone you met online; and
10.9.3 do not reply to any messages that are hostile, rude or inappropriate, or in any way make you feel uncomfortable.
10.10 We may remove or delete any posts made via the Message Features that breach the terms of this clause
10.11 Failure to comply with this clause 10 constitutes a material breach of the Conditions, and may result in the immediate, temporary or permanent withdrawal of your right to access the Message Features, the Services and/or use the Website.
11.CHILDREN AND YOUNG PEOPLE
11.1 The Services are primarily aimed at users who are over the age of 18. There are however no barriers to those under 18 accessing the Website or becoming Subscribers. Users under 18 should only use the Services with the permission of a parent or guardian. The parents or guardians of anyone under 18 using the Website should review these Terms carefully. We reserve the right to make whatever checks we consider appropriate to verify that those under the age of 18 have their parent or guardian’s permission to use the Website or to become a Subscriber.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 We, or our content providers, are the owners or licence holders of the Intellectual Property Rights in the Services. Subject to clause 3, you acknowledge and agree that nothing in these Terms or in an Order shall be construed so as to transfer any Intellectual Property Rights in the Services to you.
12.2 The Website may from time to time contain links to third party websites. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms of that third party website. We have no responsibility for any aspect of third party websites.
13. LIMITATION OF LIABILITY
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.
13.2 We do not exclude or limit our liability for:
13.2.1 death or personal injury caused by our negligence;
13.2.2 fraud or fraudulent misrepresentation; or
13.2.3 any implied warranties, remedies or other liabilities not permitted to be excluded or limited under section 47 of the Consumer Rights Act 2015.
13.3 You agree that you shall be responsible to us and our Affiliates for any losses that we or our Affiliates suffer as a consequence of any breach by you of these Terms.
13.4 f the Services are defective and as a result the Services damage a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements as advised by us.
13.5 Our aggregate liability to you in respect of any loss or damage suffered and arising out of or in connection with these Terms, whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way, shall not exceed the amount of the Charges paid by you for the Initial Term or Renewal Period during which the liability arose.
13.6 This clause 13 shall survive termination or expiry of these Terms.
14.1 From time to time, we (or selected third parties) may include votes, competitions, promotions or other offers on the Website. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions or to persons under the age of 18.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
15.2.1 we will attempt to contact you as soon as reasonably possible to notify you; and
15.2.2 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
15.3 Either party may terminate the contract if an Event Outside Our Control affects the performance of our obligations under these Terms for 15 days (or, if you have an annual (or longer) Subscription, 30 days). If we exercise this right of termination, we shall refund you on a pro rata basis, the Charges paid by you that are for the portion of your Subscription remaining after termination of your Subscription occurs.
15.4 We only supply the Services for domestic and private use. If you use the Services for any commercial, business or re-sale purposes then:
15.4.1 you will be in breach of these Terms; and
15.4.2 we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
16. COMMUNICATIONS BETWEEN US
16.1 When we refer in these Terms to "in writing", this will include e-mail.
16.2 Our place of business is Thames House, Portsmouth Road, Esher KT10 9AD. Our VAT number is 745195612.
6.3 You may contact us by emailing us at email@example.com
6.4 We will deal with any complaints in accordance with our complaints handling policy.
6.5 f we need to contact you, we will do so via email. Emails will be deemed to have been delivered on the day that they are sent to you, provided we have not received a failed delivery notice (in which case we will send a notice via your account and they'll be deemed sent the day after they appear). We will send emails to you using the email address that you provided to us so please make sure you keep us updated with any changes to your email address.
6.6 If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/ . This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council , for information purposes only. We are not obliged to participate in online dispute resolution.
17.1 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
We may transfer our rights and obligations under these Terms in whole or in part at any time to any third party (a “ New Service Provider ”) without your consent in accordance with clauses 3 and 17.4 below.
17.2 In the event that we transfer our rights and obligations to a New Service Provider:
17.2.1 we shall give you advance written notice of such transfer;
17.2.2 the Terms shall remain in full force and effect as if you had entered into the Subscription with the New Service Provider as opposed to us; and
17.2.3 all your rights arising from these Terms shall be enforceable against the New Service Provider.
17.3 In the event that we transfer our rights and obligations to a New Service Provider you have the right to cancel your subscription for the Services immediately by logging in and going to the "My Account" page and clicking on the "Cancel Subscription" button or sending an e-mail to firstname.lastname@example.org Upon cancellation in accordance with this clause 4, we shall refund you, on a pro rata basis, the Charges paid by you that are for the portion of your Subscription remaining after termination of your Subscription occurs.
18. OTHER IMPORTANT TERMS
18.1 These Terms are made between you and us, but are also made for the benefit of our Affiliates. It is intended that our Affiliates may enforce the benefits conferred on it under these Terms in accordance with the terms of the Contracts (Rights of Third Parties) Act 1999. Apart from our Affiliates, no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
18.2 Each of the provisions and part-provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provision, or part-provision as applicable, will remain in full force and effect.
18.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18.4 Please note that these Terms are governed by English law. This means that any dispute or claim arising out of or in connection with these Terms or your Subscription will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction over any disputes between us (both contractual and non-contractual). However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.