Online Terms & Conditions

DATED  April 7th, 2019                                   Draft (1)

ONLINE TERMS AND CONDITIONS FOR THE SUPPLY OF DIGITAL CONTENT AND END USER LICENCE AGREEMENT—BUSINESS-TO-CONSUMER

Legal Advice: This template document does not constitute legal advice and we would highly recommend that you engage solicitors to assist with the negotiation and preparation of the execution version of this agreement.No responsibility is taken for any actions taken or not taken on the basis of this document.

 



Please read the following important terms and conditions before you buy any digital content from us.

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on yourdigital content. You do not have this right to cancel once a download has started provided you have been told this and have acknowledged this.

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality.

if your digital content is faulty, you’re entitled to a repair or a replacement;

if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back;

if you can show the fault has damaged yourdevice and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.

This is a summary of some of your key rights. For detailed information from Citizens Advice, please visit www.citizensadvice.org.uk or call 03454 04 05 06.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

Important information on downloading costs and ‘bill shock’:

When you buy your digital content it will download automatically onto your computer or device. Please check the file size of your digital content carefully as using too much data might mean that you exceed your data limit [on your mobile phone] and you could face paying more than you were expecting[, particularly if you are using your mobile phone abroad].

[Principles for online and app-based games:]

[We take our responsibilities as a provider of online and app-based games seriously and follow the Principles for online and app-based games ("Principles") published by the Competition and Markets Authority. This means that, in particular, we will:]

[—give you clear and accurate information on costs, the game and on us (see Principles 1, 2 and 3);]

[—make it clear where there is an in-game promotion of paid-for content or promotion of any other product or service (see Principle 4);]

[—make sure that paid-for and non-paid-for options are presented clearly and given equal prominence (see Principle 5);]

[—not exploit or pressurise any game-players who are children to make a purchase or persuade others to make purchases for them (see Principles 6 and 7); and]

[—only take payments from you with your knowledge and express authorisation (see Principle 8).]

[This is a summary of some of the Principles for online and app-based games. For detailed information, please visit https://www.gov.uk/government/... information in this summary box summarises our main responsibilities under the Principles. It is not intended to replace the contract below which you should read carefully.]

This contract sets out:

  •                   your legal rights and responsibilities;
  •                   our legal rights and responsibilities; and
  •                   certain key information required by law.

In this contract:

  •                   ‘"We"’, ‘"us"’ or ‘"our"’ means Nothing Else On TV Ltd and
  •                   ‘"You"’ or ‘"your"’ means the person buying digital content from us.

If you don't understand any of this contract and want to talk to us about it, please contact us by:

  •                   email contact@nothingelseon.tvMonday to Friday 9am to 5pm GMT; and
  •                   telephone +44 2920 026562 Monday to Friday 9am to 5pm GMT [Do you need extra help?]

Who are we?

We are registered in England and Wales under company number: as listed on our website.

Our registered office is at: 20b Farm Drive, Cardiff, CF23 6HQ, United Kingdom

Our VAT number is: 

[We are:]

[—registered in the following trade register: Television Broadcast & Production & Post Production. For more details of what this means for you, click here NothingElseOn.TV

The details of this contract will not be filed with any relevant authority by us.

  1. 1.                INTRODUCTION
    1. 1.1             If you buy digital content from us you agree to be legally bound by this contract.
    2. 1.2             [You may only buy digital content from our site for non-business reasons.]
    3. 1.3             This contract is only available in English. No other languages will apply to this contract.
    4. 1.4             When buying any digital content you also agree to be legally bound by:
      1. 1.4.1        our website terms and conditions [and any documents referred to in them];
      2. 1.4.2        our Loyalty Programme terms and conditions and any documents referred to in them, if you are a member of Rewardful.
      3. 1.4.3        extra terms which may add to, or replace some of, this contract. This may happen for regulatory reasons.  We will contact you to let you know if we intend to do this by giving you one month's notice. [You can end this contract at any time by giving one month's notice if we tell you extra terms apply]; and
      4. 1.4.4        specific terms which apply to certain digital content. If you want to see these specific terms, please visit the relevant webpage for the digital content or click on the subscribe button at any time during the online purchase process.

      All these documents form part of this contract as though set out in full here.

      1. 2.                INFORMATION WE GIVE YOU
        1. 2.1             By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
          1. 2.1.1        click on the ‘key information button’;
          2. 2.1.2        read the acknowledgement email (see clause 4.2.1); or
          3. 2.1.3        contact us using the contact details at the top of this page.

          we will let you have a revised time for when you can expect to be able to download the digital content. If your computer or device blocks the automatic download of the digital content or the automatic download does not start, you may still have the right to cancel the contract. 

          1. 8.                PAYMENT
            1. 8.1             We accept credit cards and debit cards: plus PayPal
            2. 8.2             We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
            3. 8.3             Your credit card or debit card will only be charged when you start to download the digital content.
            4. 8.4             All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
              1. 8.4.1        Verified by Visa;
              2. 8.4.2        Mastercard®SecureCodeTM:or
              3. 8.4.3        American Express SafeKey: 

              please contact us as soon as possible.

              1. 13.3          If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
                1. 13.3.1     let you know that we cannot settle the dispute with you; 

              2. 2.2             The key information we give you by law forms part of this contract (as though it is set out in full here).
              3. 2.3             If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
              4. 8.5             The price of the digital content:

                1. 8.5.1        is in US Dollars ($) (USD)
                2. 8.5.2        includes VAT at the applicable rate.
                3. 13.4          If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
                4. 13.5          The laws of England and Waleswill apply to this contract.