This Contract is with British Sky Broadcasting Ltd, Grant Way, Isleworth, Middlesex TW7 5QD ("Sky") which is providing Sky Mobile TV channels to you via the Orange World Portal. Orange Personal Communications Services Limited ("Orange") will provide customer services in relation to the Sky Mobile TV channel service as an agent of Sky. References below to "we" or "us" will be read as references to Sky. You can contact Orange customer services as follows:
Pay monthly customers: call 150 from your pay monthly mobile phone or 07973 100 150 from any other phone;
Pay as you go customers: call 450 from your pay as you go mobile phone or 07973 100 450 from any other phone.
By accessing Sky Mobile TV you accept these terms and conditions. These terms and conditions can also be viewed and printed at www.orange.co.uk or you can request a copy by calling Orange customer services.
Sky is not responsible for your mobile phone or the mobile network provided by Orange which are provided by Orange under your separate contracts with them and which set out additional terms and conditions about your use of Sky Mobile TV, including the terms and conditions for the supply of Orange network services and Download/Streaming terms and conditions ("Orange Contracts"). Orange operates a fair use policy whereby inappropriate or excessive use will be charged at Orange's standard rates. The Orange Contracts and the fair use policy can be found at www.orange.co.uk.
By using this Service, you agree that we may use and share information we hold about you in accordance with Clause 5 below.
1. The Service
1.1 The ?Service? means the Sky Mobile TV channel package option(s) (?Option?) chosen by you and the data services which enable you to access Sky Mobile TV via the Orange network. You can choose any of the Options offered. You cannot choose individual channels within any Option.
1.2 The Service is variable. Sky may vary, replace or withdraw programmes, channels, content, and/or any facilities available on the Service without notice. All channels and programmes may differ from TV broadcasts and may be modified or made for mobile. We can vary or withdraw your Option. If we withdraw your chosen Option we will move you onto the nearest equivalent Option. We will tell you if, as a result of any such change, your Subscription Payments change.
1.3 We may suspend the Service at any time to update the Service or for technical reasons.
The Service is subject to 3G coverage, handset capability and network availability.
2. Your use of the Service
2.1 You will not use the Service or any part of it other than for personal non-commercial purposes in the UK. If you use the Service from abroad then roaming charges may apply for your data usage. These will be charged at the rate of the operator whose network you are connected to whilst roaming.
2.2 You must not or authorise or assist any third party to :
(a) copy (except as permitted by law), redistribute or relay the whole or any part of the Service; or
(b) sell or make any charge for watching or using any part of the Service; or
(c) show any part of the Service in public to an audience, even if no charge is made; or
(d) use the Service for any improper or unlawful purpose.
2.3 You agree to follow our reasonable instructions concerning your use of the Service.
3. Subscription Payments
3.1 Subject to any offer that you may take up when you first subscribe, you will be charged for the Service from the first date we enable you to receive it (?Subscription Payments?). You must pay us the Subscription Payments every month in advance. We (or Orange on our behalf) will collect the amount due automatically each month in accordance with Clauses 3.4 and 3.5.
3.2 We can charge a reasonable administration fee if you want to change your Service and we allow this.
3.3 We may increase your Subscription Payments at any time by giving you at least one calendar month?s notice. We may also increase your Subscription Payments without notice if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Subscription Payments directly or our pricing structure directly. Your Subscription Payments will also change if you change the number of Options in your Service and you will immediately pay the then current price for that new Service.
3.4 You agree that Orange may collect your Subscription Payments on Sky?s behalf by adding it to your account if you are a Pay monthly customer or deducting it from your balance if you are a Pay as you go customer.
3.5 If you pay your Orange account by Direct Debit or credit card, we (or Orange on our behalf) may alter your Direct Debit or credit card instruction if your Subscription Payments change for any reason. We may also charge any other payment due under this Contract under your Direct Debit or credit card instruction together with any other payments which you agree that we may charge under that instruction.
3.6 If you have missed any payments you owe to us, we can suspend provision of the Service to you without giving you notice. This does not affect our right to end this Contract under Clause 7 below.
4. Liability
4.1 We will not be responsible or liable under this Contract for any loss or damage caused by:
(a) failure, interruption or delays to the Service caused by events outside our reasonable control;
(b) your negligence or your failure to follow our reasonable instructions or the terms of this Contract;
(c) us or our employees or agents in circumstances where:
(i) there is no breach of a contractual obligation or legal duty of care owed to you by us or our employees or agents;
(ii) such loss or damage is not a reasonably foreseeable result of any breach;
or to the extent that such loss or damage results from any breach by you of this Contract; or
(d) any incompatibility of the Service with any hardware and/or software on your mobile phone.
4.2 We do not accept any liability under this Contract for any product or service advertised, promoted, offered or sold by third party service providers on the Service. While all reasonable efforts will be made to ensure that the information contained in the Service provided by us is as accurate as possible, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of such information. Some of the content on the Service is provided by third parties. The availability of such content is outside our control and we will not be responsible for any suspension or loss of such content.
5. Privacy and Personal Information
5.1 You confirm that any member of the Sky group may use and share information we hold about you with other companies in the group and with Orange including for market research and the marketing of Sky?s products and services. This may include sending you marketing by email or SMS about Sky Mobile TV or other similar products and services unless you advise us of your preference not to receive such forms of marketing.
5.2 Information held by the Sky group about you may also be shared with other companies outside the group, including for sales and marketing purposes and for market research on products and services, unless you advise us of your preference not to share such information such with third party companies.
5.3 If you have not already told us that you do not want to receive marketing by email or SMS, or us to share information about you with companies outside the British Sky Broadcasting group, then please contact Sky Mobile TV customer service by telephoning +44 (0) 8706092839.
6. Changes to this Contract
6.1 We may make changes to these terms and conditions from time to time. We will give you one calendar month's notice of any changes that affect you.
6.2 If we reasonably believe a change will not disadvantage you we may include it without notice. Our current terms and conditions may be viewed at www.orange.co.uk.
7. Termination
7.1 You or We may end this Contract at any time by giving the other party one calendar month?s notice. The cancellation will take effect from the next monthly anniversary of the date you subscribed. If you end your Contract you will not be entitled to any subscription refund.
7.2 You may end this Contract by giving us seven days? notice at any time if we break any of the terms in this Contract or reduce significantly the number of channels within your chosen Option.
7.3 We may suspend or end this Contract by giving you seven days? notice at any time if you break any of the terms in this Contract or any offer you have selected, or act in a way towards our staff or agents which we reasonably consider to be inappropriate.
7.4 The Service is made available via Orange?s network under an agreement between us and Orange. If our agreement with Orange ends and the Service can no longer be provided to you, we or Orange will give you written notice of this fact and tell you the date that your Service will end. We will refund any Subscription Payments that relate to the period after the Service ends.
7.5 If any of your Orange Contracts terminate or are suspended, your access to the Service will also end or be suspended (as applicable) immediately.
7.6 We will not refund any Subscription Payments or other payments made under this Contract if we end this Contract because you have broken a term in it.
7.7 To cancel your Sky Mobile TV subscription you must call Orange customer services:
Pay monthly customers: call 150 from your pay monthly mobile phone or 07973 100 150 from any other phone;
Pay as you go customers: call 450 from your pay as you go mobile phone or 07973 100 450 from any other phone.
8. Right To Transfer The Contract and Third Parties
8.1 We can transfer our rights and obligations under the Contract to any company, firm or person. We can only do this if it does not affect your rights under the Contract in a negative way.
8.2 The Contract is personal to you. You may not transfer your rights or obligations under this Contract to anyone else and no third party is entitled to benefit under this Contract except pursuant to Clause 8.1.
9. Law
This Contract is governed by English Law. Any disputes can be dealt with by the courts in England and Wales or any other UK court that could lawfully deal with the case.