6.2You must allow us, and only us, to update the software in the DTR by sending signals via the digital terrestrial network to the DTR.
6.3This clause 6 will continue after this Agreement is cancelled or terminated for any reason.
7.0VIEWING CARD
7.1What is a Viewing Card?
A Viewing Card is an electronic device that, when activated, acts like a key to enable you to view those parts of the Top Up TV Service to which you are entitled. We, or a third party we will appoint, may provide you with a single Viewing Card. An additional charge will apply to further Viewing Cards that you request and to replacement Viewing Cards as set out in this clause 7. We may activate or deactivate Viewing Cards in accordance with the Top Up TV Services Agreement.
7.2Ownership of a Viewing Card: The Viewing Card will remain our property (or the property of our licensors) at all times. You agree to promptly send it back to us, or a third party we will appoint, within 7 days where we ask you to do so. Your Viewing Card is for your personal use only and must not be given to anyone else or we may deactivate it.
7.3Interference with Viewing Card: You must ensure that your Viewing Card is kept in reasonably appropriate conditions and treated in an appropriate way. This
includes (but is not limited to): (i) keeping the Viewing Card at a temperature between 0°C and 40°C; (ii) keeping the Viewing Card at a humidity level between 20% and 80%; (iii) handling the Viewing Card only using the plastic portion; (iv) not handling the Viewing Card using gilded connectors or separating the chip from its support; (v) not inserting the Viewing Card in anything other than its intended reader; (vi) not attempting to make any modifications of any kind to the Viewing Card; and (vii) not decompiling, disassembling, modifying or reverse engineering the Viewing Card or any part of it.
7.4DTR. You should keep your Viewing Card in your DTR at all times, and the DTR connected to a mains supply and in standby mode while not in use unless we instruct you otherwise from time to time. In addition you must allow us, and only us, to update the software in your DTR and/or Viewing Card where we consider it appropriate, including by sending signals to your DTR. Your viewing may be temporarily interrupted during software updates. Failure to comply with this paragraph or our instructions may result in interruptions to your use of the DTR and/or interruptions to the Top Up TV Services.
7.5This clause 7 will continue after this Agreement is cancelled or terminated for any reason.
8.0LIMITATION OF LIABILITY
8.1We will always be liable to you for death or personal injury caused by our negligence or fraud. In addition we do not restrict or limit our liability to the extent it arises as a result of our breach of this Agreement or negligence (except as set out in Clauses 8.2.4, 8.2.5 and 8.2.6).
8.2Subject always to clauses 8.1 and 8.3, we will not be liable under this Agreement for any damage or loss suffered or incurred by you:
8.2.1as a consequence of any fault in your television set or your aerial or any problems associated with Freeview, its channels or service information;
8.2.2as a consequence of any use of your DTR with any decoding apparatus which we have not approved;
8.2.3as a consequence of any fault in your Viewing Card caused by you or anyone else damaging or tampering with it, your negligence or failure to follow our reasonable instructions; or
8.2.4for losses you incur that were not foreseeable to you and us when the Agreement was entered into (whether due to our breach of this Agreement or the DTR otherwise);
8.2.5that was not caused by our breach or negligence; or
8.2.6if you are not entering into this Agreement as a consumer.
8.2.7Due to your failure to adhere to the recommendations and requirements in Clauses 6.1, 7.3 and/or 7.4,
8.2.8As a consequence of our failure to deliver the DTR caused by events outside our reasonable control (this includes but is not limited to, transmission failure, extremes of weather, industrial disputes, nuclear accident, acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction coming into force after the date of this Agreement, accident, breakdown
or plant or machinery, fire, flood, storm or default of suppliers or
8.4To 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.
8.4We will not be liable under this Agreement for any damage or loss suffered or incurred by you as a consequence of our failure to fulfil our obligations under this Agreement caused by events outside our reasonable control (this includes, but is not limited to, transmission failure, extremes of weather, industrial disputes, nuclear accident, acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction coming into force after the date of this Agreement, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub- contractors).
8.5To the fullest extent permissible under law, we reject any and all warranties of any kind (whether express or implied) in relation to the DTR purchased by you from us. Your statutory rights as a consumer are not affected however. Your statutory rights include your right to receive goods conforming to their description and which are of satisfactory quality. For more details on your statutory rights you should contact your local Trading Standards Office or Citizen’s Advice Bureau.
8.6Subject to clauses 8.1 and 8.2, our liability to you arising out of or in connection with this Agreement shall be limited in to the Fees payable by you to us in relation to the DTR to which our responsibility relates.
9.0CONTENT
9.1We reserve the right to send visual and data content, including channel preview and advertising content and electronic programme guide data, to your DTR.
This content may fill up to 15% of the space of the hard disc of your DTR and you will not be able to record on that space.
9.2You must not use the DTR to access any services except the Top Up TV Services, Freeview and any other services we or any of our associated companies may offer or authorise you to receive.
10.0OTHER MATTERS
10.1You may not transfer your rights or obligations under this Agreement to anyone else.
10.2If you telephone us we may record your call for training purposes and to ensure that information is captured accurately and in order to monitor the quality of service that we provide to you. We will not do so for any reason unconnected to these purposes.
10.3We are registered under the Data Protection Act 1998. Your personal data will be used and processed in accordance with our privacy policy which is available on our website.
10.4This 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.
10.5Please note that we reserve the right during and/or after the cancellation of this Agreement to send a signal to your DTR disabling certain of your DTR’s functions where you breach this Agreement, the Top Up TV Services Agreement or the HP Agreement including where you fail to make any outstanding payment or payments where due from you under such agreement. Except where you persistently breach any of the agreements referred to above, the disabled functions will be restored on your DTR as soon as is reasonably possible after you comply with the agreements.
11.0CONTACT DETAILS
11.1Top Up TV Europe Limited has its registered office at 22 Grenville Street, St Helier, Jersey JE4 8PX
11.2Our VAT number is 892 3602 12
11.3Our customer helplines and services are available as follows:
For Customer Services, call 08444 159 159 (calls are charged at 5p per minute from a BT landline. Call from mobiles or other networks may be considerably more). This line is open between 9am and 5pm, Monday to Friday. Information correct at April 2009.
For correspondence, write to PO Box 801, Kirkcaldy, Fife, KY2 6WW or email enquiries@topuptv.com
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