TERMS OF USE

The Terms and Conditions set out below together with our Privacy & Cookies Policy (which we refer to together as the “Terms of Use”) tell you: (i) how we provide and how you may use the YouView television platform, your YouView device and the software on the platform (the “YouView Service”); and (ii) about information collected from you and your device when you use the YouView Service.

Terms and Conditions: Quick Summary

You may use the YouView Service for private, non-commercial use in the UK. We may make changes to the Terms of Use and to the YouView Service and we will get your consent where necessary. Content is made available by content providers and not by YouView and as a result, third party terms may apply. You need a reliable broadband connection and you should be careful that you do not exceed any cap on use of your broadband account. YouView aims to provide a continuous, high quality service but cannot guarantee that it will always be available, uninterrupted or error free.

PART 1: TERMS AND CONDITIONS

 1.             ABOUT THE YOUVIEW SERVICE

1.1              The YouView Service and your YouView device provide you with a method of accessing, through the YouView user interface, programmes, films and other audiovisual or audio content, applications, information and/or services (called “Content” in these Terms of Use) on your TV.

1.2              Because of the way the YouView Service is set up:

1.2.1          your YouView device is the responsibility of the company who manufactured it;

1.2.2          we provide you with a method of accessing Content on your device via the YouView user interface;

1.2.3          all Content you receive via the YouView Service is made available to you by other people (which we call “content providers” in these Terms of Use) and not by us;

1.2.4          we are not responsible for scheduling any Content, the availability of any Content or the contents of the Content, none of which forms part of the YouView Service;

1.2.5          the Content available and features of the YouView Service may vary, be different or be unavailable depending on the YouView device you have (for example we may not be able to make certain Content available on certain devices);

1.2.6          the Content available on the YouView Service may change from time to time. It won't be practical for us to notify you in advance of all Content changes and instead you should keep checking our website for details of what's available; and

1.2.7          the features of the YouView service may change from time to time. We'll try not to make any significant changes which are likely to be to your disadvantage without notifying you in advance on the website.

2.                 ABOUT YOUVIEW AND YOU

2.1              Us and you: By agreeing to these Terms of Use you are entering into a legally binding agreement with us, and accept full responsibility for use by you, anyone else in your household, and any third party, of your YouView device and/or the YouView Service received through your YouView device.  In these Terms of Use, “we”, “us” or “our” refers to YouView TV Ltd, a company incorporated in England and Wales with registered number 7308805 and with its registered office address at 3rd Floor, 10 Lower Thames Street, London, EC3R 6YT, and “you” or “your” refers to you as the user of the YouView Service. 

2.2              How to contact us: Our contact details can be found at our website: www.youview.com and you should contact us if you have any questions relating to the Terms and Conditions, our Privacy & Cookies Policy and/or the YouView Service. However, if you have any questions relating to the following matters, you should contact the corresponding person indicated below:

2.2.1          your YouView device – the manufacturer of your YouView device;

2.2.2          your internet connection – your internet service provider; and

2.2.3          any Content – the content provider of the relevant Content.

3.                 ABOUT THESE TERMS OF USE

3.1              The Terms and Conditions cover our provision of and your access to and use of the YouView Service and your YouView device.

3.2              Changes to the Terms of Use: From time to time we may make changes to the Terms of Use (whether to these Terms and Conditions and/or the Privacy & Cookies Policy), when it is necessary to do so, for example to reflect any changes to the YouView Service (see paragraph 8 below) and/or any other changes that are necessary to meet legal or regulatory requirements. We will update the Terms of Use on our website (at http://www.youview.com/terms-conditions/product/) and on your YouView device (at the Settings area). Please check from time to time to see if there have been any changes. Where it is necessary for us to do so, we will obtain your specific consent to any changes. Where it is not necessary to obtain your specific consent to any changes, your continued use of the YouView Service will be taken as consent to such changes.

3.3              Other Terms

3.3.1          New services: From time to time we may offer new services through the YouView Service. New terms may apply to these services and any changes to these Terms of Use will be dealt with as described in paragraph 3.2 above. If there is any conflict between these Terms of Use and any new terms, the new terms will prevail.

3.3.2          Terms of content providers: Because you can access, via the YouView Service, Content that is made available by content providers, the terms and the pricing (if any) which apply to the Content are determined by the content providers providing it and are beyond our control and responsibility. You must comply with any terms required by content providers when you access their Content.

3.3.3          Other third party terms: In some cases you may be provided with a YouView device (and access to the YouView Service) by a third party (such as an internet service provider) as part of your contract with that third party. Under that contract, additional terms may apply to your relationship with that third party and to your use of the YouView device (and access to certain parts of the YouView Service).

4.                 PRIVACY

4.1              To use the YouView Service, you must agree to our Privacy & Cookies Policy.  Please read our Privacy & Cookies Policy which can be found at http://www.youview.com/privacy/product/, to find out how we may use your Personal Data.

4.2              When you access Content, the content provider who is providing that Content may have a privacy policy, which will apply to that content provider's use of your Personal Data.

5.                 YOUR USE OF THE YOUVIEW SERVICE

5.1              How you may use the YouView Service: Subject to your compliance with these Terms of Use, you may use the YouView Service for private, non-commercial use in the UK only.

5.2              How you may not use the YouView Service: You may not use the YouView Service in any way other than as described in paragraph 5.1 above. In particular you may not:

5.2.1          make any public or commercial use of the YouView Services or any Content, for example, by charging others for accessing them;

5.2.2          modify, copy (except as permitted by law), reproduce, rebroadcast, or retransmit in any way any of the Content or the YouView Service;

5.2.3          copy or transfer any Content (except as permitted by law) or the YouView Service to another device;

5.2.4      access or use, or allow anyone else to access or use, the YouView Service for any unlawful purpose;

5.2.5          use your YouView device for any other purpose than receiving the YouView Service; and/or

5.2.6          disassemble, reverse engineer or otherwise decompile the YouView device, the YouView Service and/or any software, applications, upgrades or updates available through the YouView Service or installed on any YouView device, except that you may decompile any such software, applications upgrades or updates only to the extent permitted by law.

5.3              Breach of security: If you suspect or become aware of: any breach of the security measures on the YouView Service or your YouView device; any unauthorised use of the YouView Service; or any other breach of security regarding any transactions that you make through the YouView Service, please tell us immediately using the contact details at www.youview.com.

6.                 CONTENT

6.1              As stated in paragraph 1.2 above, all Content is made available to you by content providers and not by us. As a result:

6.1.1          third parties' terms and conditions and privacy policies may apply (see paragraph 3.3 above) and we are not responsible for their terms and conditions;

6.1.2          content providers may levy a charge for access to their Content and we are not responsible for this;

6.1.3          we have no responsibility for content providers;

6.1.4          in the case of information provided by third parties, we can’t guarantee it is correct; and

6.1.5          your dealings with (including, but without limitation, participation in any promotions by) any content providers through the YouView Service are solely between you and such content provider.

6.2              You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as a result of any dealings with content providers or other third parties via the YouView Service or as the result of their presence on the YouView Service.

7.                 THE YOUVIEW SERVICE AND YOUR INTERNET CONNECTION

7.1              The internet connection you’ll need: To make the most of the YouView Service and to enjoy a high quality TV experience you will need to be connected to a broadband internet line and you will need a broadband connection speed no lower than the speed recommended by us from time to time. Please check our website at www.youview.com for further details.

7.2              Your internet use: Even if your broadband connection speed meets or is above the speed we recommend, if anyone else is using your broadband connection (for example on another computer in your home) at the same time as you are using it to access certain elements of the YouView Service, this may affect your ability to make the most of and enjoy the YouView Service.

7.3              Your internet service provider and usage: The YouView Service uses your broadband connection for a variety of reasons, such as accessing certain Content and accessing software upgrades and updates (see paragraph 8.3 below). Your internet usage is subject to the terms and conditions which your internet service provider applies to your use of its services. You should be careful that you do not exceed any cap on use of your broadband connection which applies to your broadband account with your internet service provider. If you are not sure whether or not you are subject to any cap on use of your broadband connection you should check with your internet service provider.

7.4              Interruptions to your broadband internet connection: If your broadband internet connection is interrupted or unavailable you may not be able to access certain elements of the YouView Service. We are not responsible if your access to the YouView Service is interrupted or unavailable due to your broadband internet connection.

8.                 CHANGES TO THE YOUVIEW SERVICE

8.1              Necessary changes: We may make changes to the YouView Service:

8.1.1          as a result of legal or regulatory requirements;

8.1.2          if the change does not have a detrimental effect on the YouView Service you are currently receiving;

8.1.3          where it is necessary to do so to fix any “bugs” or errors;

8.1.4          for reasons relating to security of the YouView Service;

8.1.5          to upgrade and update the YouView Service from time to time; and/or

8.1.6          for technical and/or operational reasons.

In some circumstances such changes may have to be made quickly and we may have to change the YouView Service to a previous version whilst (for example) a bug or error is fixed. Some functionality and/or features may be lost during this time but we will try to fix and to restore all functionality and/or features as quickly as possible and we will not be liable to you for any such period of lost functionality and/or features.

8.2              Improvements to the YouView service: We are always looking for ways to improve the YouView Service, and we may make such improvements from time to time. These improvements might include, amongst other things:

8.2.1          adding new features;

8.2.2          removing any features that are not working properly;

8.2.3          changing certain technical specifications;

8.2.4          embedding digital rights management protection to enable content providers to protect their Content; and/or

8.2.5          making other changes that are necessary to improve the YouView Service.

8.3              YouView software upgrades and updates:  We will make the changes described in paragraphs 8.1 and 8.2 above through software upgrades and updates, which will be delivered to you via your broadband connection. You will not be able to decline any software upgrade or update relating to a change described in paragraphs 8.1 or 8.2.

8.4              Third party software upgrades and updates: Your YouView device contains software of third parties such as content providers and the manufacturer of your YouView device. These third parties may upgrade and update their software from time to time. We are not responsible for any such upgrades or updates.

9.                 INTELLECTUAL PROPERTY RIGHTS

9.1              Our rights and the rights of content providers: You may not use any of our branding or intellectual property rights without our prior permission in writing or use the branding or intellectual property rights of any content providers or their Content without their prior permission in writing. We reserve all of our rights in the YouView Service and its name, logo, branding and trade marks.

9.2              Software: We will supply the YouView Service using reasonable skill and care but we make no other representations, warranties or guarantees, except as implied by statute.  

9.3              Digital rights management: Your YouView device contains digital rights management security features. Some Content may also utilise digital rights management security features and/or other content-protection measures. These features and measures enable content providers to protect their Content when they make it available to you via the YouView Service. You may not remove or circumvent or try to remove or circumvent these features or measures.

10.              INTERRUPTIONS TO AND SUSPENSION OF THE YOUVIEW SERVICE

10.1           Occasionally, we may have to interrupt the YouView Service or suspend or restrict your use of all or any part of the YouView Service where reasonably necessary for technical, operational, security, legal or regulatory reasons. If we do so, we will restore it as quickly as we can and we will not be liable to you for any harm you suffer as a result of such interruption, suspension or restriction.

10.2           In the event that your YouView device is identified as a device in respect of which any digital rights management system has been circumvented or is likely to be circumvented, YouView reserves the right to suspend the provision of all or part of the YouView Service to your YouView device.

11.              PARENTAL CONTROLS

11.1           Content that might not be suitable for everyone: Some Content may not be suitable and/or available for everyone. This might include programmes that are not appropriate for children, or services for which payments are required.  You will be given the opportunity to turn on parental controls during the initial set up process or at any time afterwards by going to the settings area of the YouView Service. You are responsible for setting up and maintaining parental controls or any other controls that are available, and we will not be responsible for any harm, loss or damage you suffer or any other user of your YouView device suffers as a result of your failure to manage your parental control settings or if you allow or enable Content to be viewed by members of your household for whom such Content is not appropriate.

11.2           Setting up a PIN: There will be a pre-set PIN for you to use the YouView Service.  When you first use the YouView Service you can choose to keep that PIN or to change it. You are responsible for keeping your PIN secure and confidential and you must take all reasonable precautions to prevent it being used by someone else. If you know or suspect that your PIN has been compromised you should immediately change it.

11.3           Setting up an ISP PIN: Some Content may be purchased from an ISP via the YouView Service by using an ISP PIN. You will set your ISP PIN directly with your ISP and this ISP PIN is solely managed and controlled by the relevant ISP and we have no access to your ISP PIN. If you know or suspect that your PIN has been compromised you should immediately change it and notify your ISP.

12.              ACCESSIBILITY

We will do our best to ensure that the YouView Service is accessible by as many people as possible, although we do not control and are not responsible for the accessibility features of the Content.

13.              YOUVIEW SERVICE AND RESPONSIBILITIES

13.1           The quality of the YouView Service you receive: We aim to provide a continuous, high quality service but we cannot guarantee that the YouView Service will always be available or be uninterrupted, timely, secure or free from bugs, errors and omissions.

13.2           Other factors that determine the quality of the YouView Service that you receive: The quality and availability of the YouView Service is dependent in part on factors which are outside of our control such as:

13.2.1      your TV aerial;

13.2.2      the availability of digital TV channels in your area;

13.2.3      the quality and availability of the Content; and

13.2.4       in relation to any of the features of the YouView Service which are accessed over the internet, the quality of your broadband internet connection.

13.3           Types of loss or damage that we are not responsible for: We are not responsible for any harm, loss or damage suffered by you or anyone else which may arise from use of the YouView Service:

13.3.1      when we have complied with these Terms of Use;

13.3.2      if you have not complied with these Terms of Use;

13.3.3      as a result of a defect with your YouView device;

13.3.4      relating to your use or viewing of any Content;

13.3.5       which is indirect or a side effect of the main harm, loss or damage and which we and you could not have anticipated nor expected to happen when you agreed to these Terms of Use, for instance if you lose revenue or salary, profit, opportunity or reputation;

13.3.6       as a result of any loss of data from or damage to your YouView device or the YouView Service except where we have not used reasonable care and skill;

13.3.7       as a result of any infringement or alleged infringement of intellectual property rights by a third party; and

13.3.8       if the YouView Service is interrupted, suspended or otherwise not provided to you or if we do not comply with these Terms of Use because of events beyond our control, for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure.

13.4           Types of loss or damage for which liability is not excluded or limited: Nothing in these Terms of Use excludes or limits:

13.4.1      our liability for death or personal injury caused by our negligence or fraud; and

13.4.2      your liability for death or personal injury caused by your negligence or fraud.

13.5           Types of loss or damage for which our liability is limited:

For any loss or damage suffered by you or anyone else which may arise solely and exclusively from use of the YouView Service and which is not covered by paragraphs 13.3 and 13.4, our liability is limited to £100 or any other amount that we agree is appropriate.

13.6           Your legal rights as a consumer: Nothing in these Terms of Use excludes or limits your legal rights as a consumer.  For further information about your legal rights you can contact your local authority, Trading Standards Institute or Citizens Advice Bureau.

14.              TERMINATION

14.1         You may stop using the YouView Service at any time.

14.2           If you fail to comply with these Terms of Use, we may stop your access to the YouView Service or to certain elements of the YouView Service.

15.              GENERAL TERMS

15.1           Save as otherwise expressly stated, these Terms of Use contain the entire agreement between us and you relating to the YouView Service and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you relating to the YouView Service.

15.2           We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms of Use to any company, firm or person.  We can only do this if it does not affect your rights under these Terms of Use. You may not assign, sub-contract and/or otherwise transfer your rights or obligations under these Terms of Use to anyone else except in accordance with our procedures.

15.3           These Terms of Use are personal to you and no third party is intended to benefit under these Terms of Use.

15.4           If you fail to comply with these Terms of Use and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms of Use.

15.5           All or any part of any term of these Terms of Use that is found to be unfair or unenforceable by a court of competent jurisdiction will be treated as deleted and the remainder of the Terms of Use will continue to govern each of our respective obligations.

15.6         English is the only language in which these Terms of Use are offered.

15.7           Any disputes arising out of these Terms of Use will be governed by and interpreted in accordance with the laws of England and Wales (or the laws of Scotland or Northern Ireland if you live there). If you choose to bring proceedings in connection with these Terms of Use you must do so in the courts of England and Wales, unless you live in Scotland, in which case you can choose to bring proceedings there, or in Northern Ireland, in which case you can choose to bring proceedings there.


 

PART 2: PRIVACY & COOKIES POLICY

Like any internet-connected device, we and our service and content providers collect certain information from you and your YouView device when you use your YouView device and access the YouView Service (as defined in the product Terms of Use).  Most of the information we and our service and content providers collect is purely technical in nature and relates only to your use of the YouView devices and does not enable us or our service and content providers to identify you as an individual (except as described at section 5.6 of this Privacy & Cookies Policy and unless you voluntarily provide your personal contact details to us when, for example, contacting us for technical support reasons), but does enable us to maintain, personalise and improve the YouView Service (in each case as described below).  The information that our content providers collect will be governed by their own privacy practices.

This Privacy & Cookies Policy explains what information we collect from your YouView device and what we do with this information.  It also explains how you can contact us if you have any questions or concerns, and your rights in respect of the information we collect.

This Privacy & Cookies Policy relates only to information collected from your YouView device. If YouView processes your Personal Data (as defined in the Data Protection Act 1998) then more information about how YouView processes Personal Data is contained on our website. The latest versions of these documents are available on our website at http://www.youview.com/.

By agreeing to these Terms of Use you are providing your consent for us to use the information we collect about you (including Personal Data) for the purposes set out below.

1.              WHO WE ARE

In these Terms of Use, “we”, “us” or “our” refers to YouView TV Ltd, a company incorporated in England and Wales with registered number 7308805 and with its registered office address at 3rd Floor, 10 Lower Thames Street, London, EC3R 6YT, and “you” or “your” refers to you as the user of the YouView Service. 

2.             WHAT INFORMATION DO WE COLLECT AND WHY?

2.1           We and our service and content providers may collect the following information related to your YouView device and your use of the YouView Service:

  • Device Settings and Preferences (including, but without limitation, audio settings, subtitle preferences, power saving preferences, quality preferences, parental control preferences);
  • Location data;
  • Postcode and house name or number (where optionally provided);
  • Usage data (including, but without limitation, the type of content you watch, the journey you took to reach specific content, what content was played, how you use the YouView Service such as whether you watch content live, on demand or save content to watch later);
  • Operational and Error data (generated when errors occur during your use of the YouView Service);
  • Device ID data;
  • Device make and model;
  • Digital Rights Management Unique Device ID data;
  • Data regarding the internet service to which your device is connected;
  • IP address; and
  • Any Personal Data which you optionally provide through the YouView Service.

2.2           We (or third party data processors acting on our behalf) and our service and content providers may use the information listed above for the following purposes:

  • Maintaining, developing and improving your experience of the YouView Service;
  • Improving and developing the content services offered on the YouView Service;
  • Personalising the content displayed on your YouView Service based on your usage;
  • Providing regionalised content (for example, regional news programs or radio stations);
  • Providing regionalised advertising specific to your location;
  • Providing relevant updates and upgrades to your device;
  • Identifying, monitoring and improving technical issues with the YouView Service;
  • Identifying any attempted circumvention of device security and taking action to stop such circumvention;
  • Protecting intellectual property rights;
  • Providing technical support;
  • Aggregated reporting and analysis;
  • Providing device data to our affiliate internet service providers for inventory management, content optimisation, connection checking, remote customer support and account management purposes; and
  • Providing third parties with aggregated information (which does not contain any Personal Data) for the development and/or promotion of their products or services; and
  • Responding to your requests via the www.youview.com website

3.                 COOKIES AND OTHER IDENTIFIERS

3.1              We and our content and service providers may use cookies and/or other forms of locally stored data including without limitation locally shared objects on your YouView device to store their own settings, preferences and other personalised information, and/or for content protection. A cookie is a small data file, often including a unique identifier that is stored on your device. Other forms of locally stored data can be used in a similar manner. Cookies and locally stored data may be set on your YouView device in the same way and for the same types of reasons as they are used on the internet.

3.2              We and our content and service providers will use cookies and locally stored data in accordance with their own privacy policies so you should always read our privacy policy and the privacy policy of each content and service provider whose content and services you access to stay fully informed of their privacy practices.  

3.3              We provide you with the ability to clear cookies and locally stored data stored on your YouView device, which you can do at any time via the Settings menu by conducting a factory reset of your device. If you delete them this may cause some services not to work correctly or as well as they might otherwise work – for example you may need to log into a service again even if you have already logged in before.

3.4              Please see the Cookies Policy on our website at http://www.youview.com/cookies/ for more information on cookies that we collect on our website and what we do with them.

4.                 HOW LONG WILL WE STORE YOUR DATA

                      We will use and store information about you as set out in this Privacy & Cookies Policy for so long as you use the YouView Service and for as long as is necessary for the purposes set out here after you cease using the YouView Service.

5.                 WHO ELSE MAY ACCESS YOUR DATA

5.1              In addition to content and service providers, we may also share Personal Data and information about your YouView device with other third party service providers. We will only share Personal Data to the extent this is necessary to enable those service providers to provide their services to us and under a strict duty of confidence. These third parties will be required to comply strictly with our instructions to keep your information safe in accordance with industry standards and we will also require that they do not use your Personal Data for their own business purposes, unless you have explicitly consented to the use of your Personal Data in this way. We will not otherwise share your Personal Data without first seeking your consent.

5.2              In addition, we and our service and content providers may disclose information collected about you or your YouView device where this is necessary to comply with applicable law or regulation, in response to a lawful request from a law enforcement agency or court of competent jurisdiction, or where we believe disclosure is necessary to establish, exercise or defend our legal rights or those of our content or other service providers.

5.3              In the event that a third party acquires some or all of our assets or business, the information we hold about you and your YouView device will be transferred to that third party so that they can continue to provide the YouView Service to you.

5.4              If you provide us with information (including Personal Data) when you contact our support centre we may share this information about you with third parties if you have agreed to this. 

5.5              We may disclose and use anonymised, aggregated reporting and statistics about usage of the YouView Service for the purpose of internal reporting or reporting to our content and service providers or other third parties, and for our marketing and promotion purposes. None of these anonymised, aggregated reports or statistics will enable our users to be personally identified.

5.6              Finally, in certain circumstances, we may transfer some of your non-personal data to our service providers who may be able to combine that non-personal data with other data that they already hold.  To the extent that this becomes Personal Data, these service providers will only use such Personal Data for the purposes set out in this Privacy and Cookies Policy.

6.                 INTERNATIONAL TRANSFERS

From time to time, some of our service providers may provide services to us from territories that are outside the European Economic Area (the "EEA").  Territories outside the EEA may not have the same standards of data protection as those, like the UK, that are in the EEA.  However, if we provide any Personal Data about you to any such non-EEA service providers, we take all necessary measures to ensure those service providers protect your information adequately in accordance with this Privacy & Cookies Policy.

7.                 SECURITY

We use appropriate technical and organisational measures to protect both the security of information stored on your YouView device and information that we collect from you (including Personal Data) and your YouView device. However, as with any internet-connected device, no internet transmission can ever be guaranteed 100% secure, so you should always take care whenever disclosing personal information about yourself online.

8.                 YOUR RIGHTS

8.1              You have the right to request a copy of any Personal Data we hold about you and to have any inaccuracies corrected. We charge a £10 admin fee for information requests and will require two forms of approved identification to process the request.

8.2              Please send any correspondence relating to information requests or this Privacy & Cookies Policy to:  info@youview.com for the attention of our Data Protection Officer.

8.3              If you want to reset your preferences for any data that we might process in relation to your YouView device, then visit the “Settings” menu on your YouView device, select “Device Management”, select “Reset YouView Box” and click on the “Reset” option. You will then go through the YouView Service set-up journey. However, please note if you do not want to accept the terms of our Privacy & Cookies Policy, you will not be able to use the YouView Service.

8.4              If you want to access, correct or update any Personal Data held about you by any third parties, including our content and service providers, you would need to contact them directly.

 Last Updated: July 2016

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