This text (together with the documents referred to in it) sets out the terms and conditions on which we provide Sky Mobile TV. Please read these terms and conditions carefully before using Sky Mobile TV. You can find another copy of these terms at
http://www.three.co.uk/personal/help_support/terms_conditions.omp?cid=1121263960241
INFORMATION ABOUT US
Sky Mobile TV is provided by British Sky Broadcasting Limited. We are registered in England and Wales under company number (registered number 02906991) and have our registered office and main trading address at Grant Way, Isleworth, Middlesex TW7 5QD. Our VAT number is 440 6274 67.
You can contact us for any customer service reasons by e-mail 3UKSkyMobileTV@bskyb.com
INFORMATION ABOUT SKY MOBILE TV
Sky Mobile TV allows you to watch a simultaneous broadcast of live Sky TV channels on your mobile phone in areas with HSDPA coverage.
You can watch Sky News, CNN, Sky Sports News, Sky Sports 1, Sky Sports 2 , Sky Sports 3, Sky Sports Xtra and At The Races either by subscribing to these channels for a day or a month (the terms for each of these are set out below).
To watch Sky Mobile TV content on your mobile phone, you will need a compatible 3G mobile phone with continuous network coverage. Data charges apply and will be additional to the cost of your Sky Mobile TV subscription.
USING SKY MOBILE TV
You can only use Sky Mobile TV if you are over 18 years old and resident in the United Kingdom.
Sky Mobile TV content is provided for non-commercial use in the United Kingdom only and you will not be able to transfer content to any other device.
Our available content changes regularly and we reserve the right to change our range of available content at any time.
You must not copy, reproduce, republish, post, broadcast, transmit
SUBSCRIPTIONS
Sky Mobile TV subscriptions allow you to watch all of our channels on either a £1 day pass or a £5 monthly pass in return for a subscription fee. Your first subscription fee is payable at point of sign-up and you will receive an SMS message confirming this payment. If you have subscribed for a monthly pass, your next month's subscription and all following subscription payments will be taken from your bill automatically.
Once chosen, you can view the channels as much as you want to for the remainder of the subscription period. Stopping or restarting content does not extend the available time for viewing.
If you choose a monthly subscription, we will automatically renew your subscription and collect your subscription payments from your bill, unless you tell us that you wish to cancel your subscription before the next subscription period begins. (You can do this through the Manage My Subscription page on the Sky Mobile TV homepage)
You can cancel your first subscription period after joining, or after any break in your subscriptions, within seven working days following the date on which your new subscription period starts, providing you tell us before you stream any subscription content. Where you cancel under this paragraph, we will arrange for your subscription fee to be reimbursed. Remember that you will lose this right to cancel if you start watching any channel.
PRICES
Our prices may change from time to time.
Our prices include VAT and any equivalent sales tax that is applicable. We will not be obliged to honour prices that are the result of obvious and unmistakeable errors and which that could reasonably have been recognised by you as a mis-pricing.
SERVICE INTERRUPTIONS & TERMINATION
We may suspend all or part of the Sky Mobile TV service for technical reasons or where necessary for operational reasons. Not all programmes shown on the full Sky television versions of these channels will be available on Sky Mobile TV.
Sky Mobile TV is a variable service, which means that we may change, withdraw or interrupt the channels you receive. Although we aim to provide a range of channels, unfortunately we cannot guarantee the availability of any particular channel or programme.
We may suspend your use of the Sky Mobile TV service where any payments remain outstanding, such as where your credit card has not been authorised for the purposes of your subscription. We may suspend or terminate your access to all or any part of the Sky Mobile TV service at any time if you breach these terms. We will not refund any payments you have made if we terminate your access to all or any part of the Sky Mobile TV service because of any breach by you of these terms.
Sky Mobile TV is made available to you over 3’s mobile network and under an agreement between us and 3. If your agreement with 3 ends and we can no longer provide Sky Mobile TV to you, we will refund any subscription payments relating to the remainder of your subscription period.
SERVICE INTERRUPTIONS & TERMINATION
Nothing in these terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any matter that we cannot exclude or limit as a matter of law.
Other than as described at REF _Ref201716771 \r \h 7.1, we shall not be liable for any financial loss, loss of information, damage to (or corruption of) data or any indirect loss or damage of any kind, whether caused by tort (including negligence), breach of contract or:
interruption or delay in the performance of the Sky Mobile TV caused by matters outside our reasonable control (including but not limited to any interruption to the data service provided by 3 and allowing you to watch Sky Mobile TV);
errors, bugs or viruses present in or arising from your use of Sky Mobile TV that are not directly caused by or attributable to us; failure to follow our reasonable instructions or regulations for using the Sky Mobile TV; us, our employees and/or agents:
where there is no breach of a legal duty of care owed to you by us or any of our employees or agents; or where the loss or damage is not a reasonably foreseeable result of any breach of a legal duty of care owed to you by us, any of our employees or agents. incompatibility with any software, hardware or material on your mobile phone; any content supplied by third parties or any product or service advertised, promoted, offered or sold by third parties for use in connection with Sky Mobile TV; or any other matter outside our reasonable control.
While we will make efforts to ensure that the information contained in or on Sky Mobile TV 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 any information contained on Sky Mobile TV. These limitations do not affect your statutory rights. If you require any advice on your legal rights, you can refer to http://www.sky.com/portal/site/games/www.consumerdirect.gov.uk
YOUR PERSONAL INFORMATION
We will also use your data to provide, monitor and improve the service, for market research, including statistical analysis of user behaviour (which we may disclose to third parties in depersonalised, aggregated form) and order to enable Us to comply with any requirements imposed on Us by law or court order.
THIRD PARTIES AND ADVERTISING
We may display, or allow other third parties to display, advertising and other information in Sky Mobile TV content or any element of the Sky Mobile TV service. Unless we expressly state otherwise, your correspondence or dealings with, or participation in promotions of, advertisers found on or through Sky Mobile TV are solely between you and those advertisers.
GENERAL
We may change our terms or subscription fees at any time, though we will announce that via the Sky Mobile TV site website where we make changes.
Providing that it does not adversely affect your rights, we may transfer our rights and obligations under the terms to one or more third parties during your time as a Sky Mobile TV customer.
Your Sky Mobile TV subscription is personal to you and you may not transfer either it or your rights or obligations under these terms to anyone else.
All or any part of any term of this agreement that is found to be unfair or unenforceable will be treated as deleted and the remainder of the terms will continue to govern each of our respective obligations going forward.
Your use of Sky Mobile TV is governed by the law of the country in which you live. If your address is in the UK, any disputes can be dealt with by any UK court that can lawfully deal with the case.
13 October 2008