TUTV Terms & 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”.
1.0THE TERMS WE USE
1.1We have used words with capital letters where those words have particular meanings. These meanings are set out below:
“Address”(if you purchased your DTR directly from us) means the address of your home in the United Kingdom given to us during the Order Process; “Agreement”means the contract between you and us on the terms set out in this document and (if you have an HP Agreement) the HP Agreement;
“DTR”means the digital video recorder box (also known as a Personal Video Recorder or PVR) that you purchase from us and as described more particularly during the Order Process;
“Fees”means the fees payable by you to us for the DTR. If you purchased the DTR directly from us, this will be the fees for the DTR confirmed during the Order Process and/or in the HP Agreement and which include delivery charges and VAT;
“Freeview”Freeview is a separate free digital TV service which does not require a monthly subscription. Freeview is not operated by Top Up TV Europe Limited; “HP Agreement”means the additional terms of the Agreement in respect of your purchase of the DTR on a hire purchase basis;
“Order Process”(if you purchased your DTR directly from us) means the process by which you purchased a DTR whether over the telephone or internet;
“Top Up TV Services “means any digital video subscription or other services which you obtain from Top Up TV Europe SARL (a different company from us but in the same group) under separate agreement(s);
“Top Up TV Services Agreement “means an agreement you enter into with Top Up TV Europe SARL for the provision of Top Up TV Services via the DTR; and
“Viewing Card”means the electronic card that enables you to view those parts of the Top Up TV Services and/or additional service to which you are entitled by means of a DTR and/or any card that enables you to view any other service we provide.
Please note: clauses 2 to 5 (inclusive) only apply if you purchased your DTR directly from us. If you did not purchase your DTR directly from us, please refer to clause 6 onwards.
2.0ORDER PROCESS
2.1All 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.
2.2If 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
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. |
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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. |
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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. | ||
2.6In order to use your DTR to access Top Up TV programme content, you will need a viewing card and to subscribe to the relevant Top Up TV Services Agreement.
3.0PRICE AND PAYMENT
3.1 | You agree to pay us the Fees on accepting this Agreement as agreed with you during the Order Process and confirmed to you in writing. | ||
3.2 | Where relevant, you confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to | validation checks and authorisation | |
| by the card issuer. If the issuer of your card refuses to authorise payment, or we or our authorised agents are unable to contact your card issuer, we will not be | ||
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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. |
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3.5We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment.
3.6We may pass your details to a third party debt collection agency to reclaim Fees owed to us.
4.0DELIVERY AND RISK
4.1We despatch DTRs ordered by you when they are available or otherwise as set out during your Order Process and in any event 30 days after the day after you place your order.
4.2The 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.
4.3We do not accept any liability for late deliveries or deliveries lost in the post.
4.4Once 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.
4.5Subject 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.
5.0CANCELLATION AND RETURNS
5.1You may cancel this Agreement within seven working days commencing on the day after the date that the DTR is received by you by contacting us on 08444 159 159. For the avoidance of doubt, you will be asked to confirm any notifications of termination in writing. Where a notice of cancellation is given under clause 5.1, the giving of notice shall also have the effect of cancelling the HP Agreement. This Agreement will terminate automatically if you terminate or cancel your HP Agreement.
5.2If this Agreement is cancelled you will no longer be able to access any Top Up TV Services or content that you have stored in your DTR and you are required to return to us the DTR at your own cost. We will provide you with information about how to do so. You acknowledge that failure to return the DTR may result in us charging you for the replacement cost of such DTR or the reasonable costs incurred by us in reclaiming it. You must return the goods to the address stated in clause 11 clearly stating your name with the returned DTR.
5.3If 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.
6.0SOFTWARE
6.1For 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.
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