1. Compatible 3G handset and 3G coverage required. T-Mobile TV service availability is also required.
2. For personal use within the UK only.
3. This service is provided to you by T-Mobile (50%) and by Sky (50%).
4. Monthly subscription for UK use lasts for 31 days from time and date of activation. You will be charged each month until you cancel your subscription via the electronic programme guide. You need to cancel at least 24 hours before your renewal date or you will be charged for the next month’s subscription.
5. Web’n’Walk browsing charges will apply until you enter the electronic programme guide unless you are a pay monthly customer with a web’n’walk price plan or option.
6. The MobileTV service may contain made or altered for mobile content which will be different to traditional TV broadcasts.
7. T-Mobile and/or Sky may suspend, amend or withdraw any part of the service without notice to you.
8. You must not (nor help anyone else to) copy (except as permitted by law), redistribute or relay the whole or any part of the service, sell or charge others for making use of the service in any way or show (whether for free or for a charge) any part of the service in public.
9. If you download any MobileTV client software, you are responsible for ensuring that your phone has enough memory space to accommodate it.
10. T-Mobile is not responsible or liable for any loss or damage caused by any using the MobileTV service, including but not limited to any loss caused by the incompatability of any software associated with the service with your handset.
11. Although T-Mobile will charge you for access to this service, these channels are provided to you by Sky. You must accept Sky’s terms and conditions to access the service.
Sky Mobile TV Terms and Conditions
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 T-Mobile t-zones and WnW. T-Mobile Limited (“T-Mobile”) 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 T-MOBILE customer services by calling 150 from your mobile or by telephoning +44 (0)845 4125000
By accessing Sky Mobile TV you accept these terms and conditions. The price you pay for Sky Mobile TV on T-Mobile includes both services in the following proportions: T-Mobile: 50%, Sky: 50%.
Sky is not responsible for your mobile phone, the mobile network provided by T-Mobile, or the data services necessary to access the Sky Mobile TV channels, which are provided by T-Mobile under your separate contracts with them (“T-Mobile Contracts”).
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. You can choose one or both 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. 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 Payment changes.
1.3 We may suspend the Service at any time to update the Service or for technical reasons.
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.
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 T-Mobile on our behalf) will collect the amount due automatically from your account each month.
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 Payment at any time by giving you at least one calendar month’s notice. We may also increase your Subscription Payment 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 Payment directly or our pricing structure directly. Your Subscription Service 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 T-Mobile may collect your Subscription Payment 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 Talk customer.
3.5 If you pay your T-Mobile account by Direct Debit or credit card, we (or T-Mobile on our behalf) may alter your Direct Debit or credit card instruction if your Subscription Payment changes 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;
(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 T-Mobile 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, the 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.sky.com.
7. Termination
7.1 You or We may end this Contract at any other time by giving the other one calendar month’s notice.
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 T-Mobile’s network under an agreement between us and T-Mobile. If our agreement with T-Mobile ends and the Service can no longer be provided to you, we 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 T-Mobile 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 via T-Mobile go to www.t-mobile.co.uk. Alternatively you can cancel your subscription by calling 150 from your T-Mobile handset.
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.