APPLICATION TERMS & CONDITIONS
These Terms and Conditions (which we refer to as the “Terms”) tell you how we license and provide, and how you may use, the YouView remote record request service (the “Application”) via your mobile device for your personal non-commercial use. Please read the Terms carefully before using the Application. If you download and/or use the Application, this will constitute your acceptance of these Terms.
These Terms were last updated on 14 February 2018
1. THE APPLICATION
1.1. Before you can use the Application you must download it and follow the instructions to authorise the Application to connect to a YouView device.
1.2. The Application has not been developed to meet any user’s individual requirements. Please check that the facilities and functions of the Application (as detailed within this clause 1) meet your requirements before you download the Application.
1.3. You must either own the YouView device or have the owner’s permission in order to pair this Application with a YouView device.
1.4. The Application is compatible with the devices and mobile operation systems listed and detailed in the relevant application stores, with at least 40.0MB of memory space. For the avoidance of doubt is your sole responsibility to check that the Application is compatible with your device before downloading.
1.5. The Application provides you with access to DVR recording services via your mobile device.
1.6. Up to five (5) devices may use the Application with a single YouView device.
1.7. The Application uses a YouView messaging service. It does not record programmes directly. It allows you to make booking requests to record programmes on your YouView device using your mobile device.
1.8. You can request a booking by selecting the programme from the Application programme guide.
1.9. Booking requests made by you in the Application will be forwarded to your YouView device.
1.10. You must make your booking request at least 30 minutes before the start of your programme and no longer than 7 days before the date and time of the programme.
1.11. You are unable to cancel a booking request via the Application once it has been made.
1.12. The Application may contain links to other independent websites and/or applications which are not managed or administered by us. Such independent websites and/or applications are not under our control and we are not responsible for and have not check and approved their content or their privacy policies (if any). For the avoidance of doubt, it is your responsibility to decide whether to use any such independent sites and/or applications, including whether to buy any products or services from them.
1.13. Occasionally, we may have to interrupt use of the Application or suspend or restrict your use of all or any part of the Application 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.
1.14. We are always looking for ways to improve the Application, and we may make improvements or necessary changes from time to time. We will make these changes through software upgrades and updates, which will be delivered to you via your mobile network or your broadband connection.
1.15. If you want to learn more about the Application or have any problems using it, please take a look at our support resources at https://support.youview.com/ .
2. ABOUT YOUVIEW AND YOU
2.1. Agreement: By downloading and/or using the Application you agree to these Terms. By agreeing to these Terms 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 the Application. In these Terms, “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 Application and the YouView messaging 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/or the Application. However, if you have any questions relating to the following matters, you should contact the corresponding person(s) indicated below:
2.2.1. your YouView device – the manufacturer of your YouView device;
2.2.2. your internet connection – your internet service provider;
2.2.3. your mobile or broadband service – your mobile or broadband supplier; and
2.2.4. any programmes, films and other audio-visual or audio content, applications, information and/or services (called “Content” in these Terms) – the content provider of the relevant Content (“Content Providers”).
2.3. What these Terms cover: These Terms cover our provision of and your access to and use of the Application. Terms and conditions relating to the YouView device and/or the YouView service received through your YouView device are contained on the YouView device itself and can also be found at our website: www.youview.com.
2.4. Because of the way the YouView service is set up:
2.4.1. your YouView device is the responsibility of the company who manufactured it;
2.4.2. all Content you receive via the YouView service is made available to you by the relevant content provider; and
2.4.3. 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.
2.5. Changes to the Terms: We reserve the right to make any changes to these Terms from time to time and we will update the Terms on our website (at www.youview.com). 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 Application will be taken as consent to such changes.
3. PAYMENTS AND CHARGES
3.1. Use of the Application will involve additional use of your mobile network and/or your broadband service. In addition the power consumption of your YouView device will increase.
3.2. Your mobile network operator and/or your internet service provider will charge you for your use of the mobile network and/or internet in accordance with their standard charges under the relevant contract you have with them.
4. PRIVACY AND PERSONAL INFORMATION
Types of information we collect
4.1. Like any internet-connected device, we collect certain information from your use of the Application. Except as set out in paragraph 4.3, please note that the information we collect is purely technical in nature and relates only to your
use of the Application and does not enable us to identify you as an individual, but does enable us to maintain, personalise and improve the Application.
4.2. When you link your YouView device to the Application:
4.2.1. a unique identifier will be created on your mobile device; and
4.2.2. a unique identifier will be created on your YouView device,
(together the “UIDs”) which will enable your mobile device and your YouView Device to communicate with each other.
Types of information you provide to us
4.3. You may ask us a question and provide us with feedback via the Application and you have the option to provide your name.
How we use information
4.4. In the same way that websites automatically store log files which are incidentally generated by your use of that website, whenever you access your Application and the YouView messaging service data is automatically generated about your use of the Application, the YouView messaging service, the YouView device and of the YouView service (known as “Usage Data”). YouView will use this Usage Data (together with your UIDs and/or your IP address and/or associated autonomous system number) to power various features, for market analytics purposes, to provide anonymous and/or aggregated reports to Content Providers and/or other third parties and to optimise user journeys and more generally to improve the Application, the YouView messaging service, the YouView device and/or the YouView service. More information on the Usage Data we collect through your use of the Application, please go to http://www.youview.com/privacy/product/.
4.5. Whenever you access the Application, any errors that occur will be logged in association with your UIDs and/or your IP address (and associated autonomous system number). This data will be periodically reported back to us and we will use it to identify and monitor issues and, where necessary and possible, remedy any problems with your YouView device, the Application, the YouView messaging service and/or the YouView service in the interests of continuous improvement. We also use this to identify any attempted circumvention of our security systems so that we can protect our intellectual property rights and those of our Content Providers.
4.6. In addition to Content Providers, we may also share information with other third party service providers who perform services on our behalf. We will only share your information to the extent this is necessary to enable those service providers to provide their services to us and under a strict duty of confidence. In particular, the Application is powered by a third party service provider (Microsoft.com, Inc).
4.7. We may disclose information 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.
4.8. In the event that a third party acquires some or all of our assets or business, the information we hold about you and Usage Data will be transferred to that third party so that they can continue to provide the Application and/or the YouView service to you.
4.9. We may disclose and use anonymised, aggregated reporting and statistics about users of the Application for the purpose of internal reporting or reporting to our content or other service providers, and for our marketing and promotion purposes. None of these anonymised, aggregated reports or statistics will enable our users to be personally identified.
4.10. If you provide us with the information set out in paragraph 4.3 then we will only use it for the purposes of answering your query.
4.11.1. in order to provide the YouView service to you as set out in this Application terms and conditions (which constitutes a contract for the provision of the YouView services); or
4.11.2. for our legitimate interests in providing the YouView services, in particular to provide the YouView services in a commercially suitable way which is tailored to your use and interests.
How long we store your information
4.14. We will keep your personal information for two years from the date you cease using the Application.
4.15. From time to time, some of our service providers (in particular, Microsoft, Inc) may provide services to us from territories that are outside the UK or the
European Economic Area (the “EEA”), such as the USA. Territories outside the UK and EEA may not offer the same level of protection for personal information as the UK or members of the EEA.
4.16. However, if we provide any Personal Data about you to any such non-EEA service providers, we take appropriate measures to ensure those service providers protect your personal information adequately. These measures include:
4.16.1. in the case of USA based service providers, entering into European Commission approved standard contractual arrangements with them, or ensuring they have signed up to the EU-US Privacy Shield (see further https://www.privacyshield.gov/welcome); or
4.16.2. in the case of service providers based in other countries outside the EEA or USA, entering into European Commission approved standard contractual arrangements with them.
Your rights and contacts
4.17. Detail about your rights and how to contact us is available in sections 9 and 12 of our Privacy & Cookies Policy (http://www.youview.com/privacy/product/).
5. INTELLECTUAL PROPERTY AND SOFTWARE LICENCES
5.1. We reserve all of our intellectual property rights.
5.2. The Application and any software developed by us or by any third parties in connection with the Application is provided on an “as is” and “as available” basis and, except as required by law, we do not make any representations or warranties or guarantees either express, implied or statutory.
6.1. We aim to provide a continuous, high quality service but we cannot guarantee that the Application will always be available or be uninterrupted, timely, secure or free from bugs, errors and omissions.
6.2. The Application is not a recording service and as such we accept no liability for failed recordings. A request may not result in a programme being recorded for a number of reasons including without limitation: a defect with your YouView device; someone deleting the booking; if the capacity of your YouView device is full; incorrect or out of date linear schedule metadata or information; priority restrictions on your YouView device; and changes to the
linear programme schedule may invalidate bookings made with the Application.
6.3. You agree that you will:
6.3.1. except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the Application in any form, in whole or in part to any person without prior written consent from us;
6.3.2. not copy the Application or any attributable documentation relating to the Application (“Documentation”), except as part of the normal use of the Application or where it is necessary for the purpose of back-up or operational security;
6.3.3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the Application, Documentation nor permit the Application or part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Application services on devices as permitted in these terms;
6.3.4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Application or attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Application to obtain the information necessary to create an independent program that can be operated with the Application or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
126.96.36.199. is not disclosed or communicated without the our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
188.8.131.52. is not used to create any software that is substantially similar in its expression to the Application;
184.108.40.206. is kept secure; and
220.127.116.11. is used only for the Permitted Objective,
6.3.5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Application.
6.4. You must;
6.4.1. not use the Application or any of its services or features in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or
inserting malicious code, such as viruses, or harmful data, into the Application, any services, features or operating system;
6.4.2. not infringe our intellectual property rights or those of any third party in relation to your use of the Application, including but not limited to, by the submission of any material (to the extent that such use is not licensed by these terms);
6.4.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Application;
6.4.4. not use the Application in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
6.4.5. not collect or harvest any information or data from any of our systems or attempt to decipher any transmissions to or from the servers running the Application.
6.5. If we fail to comply with these terms, we are responsible for loss or damage you or anyone else suffers solely and exclusively from use of the Application that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill
6.6. If the defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation, which for the avoidance of doubt shall be limited to £100 (one hundred pounds) or any other amount that we agree is appropriate.
6.7. Nothing in these Terms excludes or limits either yours or our liability for death or personal injury caused by negligence, or fraud.
7. TERM & TERMINATION
7.1. These Terms become effective on the earlier of the date on which you download or start using the Application.
7.2. We reserve the right to cease providing the Application and/or any functionality, support or maintenance at any time.
7.3. If you fail to comply with these Terms, we may stop your use of the Application or of certain elements of the Application.
8. GENERAL TERMS
8.1. Save as otherwise expressly stated, these Terms contain the entire agreement between us and you relating to the Application and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you relating to the Application.
8.2. We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. We can only do this if it does not affect your rights under these Terms. You may not assign, sub-contract and/or otherwise transfer your rights or obligations under these Terms to anyone else except in accordance with our procedures.
8.3. These Terms are personal to you and no third party is intended to benefit under these Terms.
8.4. If you fail to comply with these Terms 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.
8.5. All or any part of any term of these Terms 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 will continue to govern each of our respective obligations.
8.6. English is the only language in which these Terms are offered.
8.7. Any disputes arising out of these Terms 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 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.