Terms and conditions
Vodafone Entertainment Terms and Conditions
The following terms apply to your purchase and use of the Vodafone Entertainment package:
- these terms for use of the entertainment package ("Terms");
- terms provided by the relevant content provider ("Content Provider Terms") included below; and
- your plan, Airtime Conditions and (where applicable) Welcome Letter/ Welcome Email ("Pricing Guide").
If there is any difference between what is said in these Terms then the terms shall apply in the following order: your Pricing Guide, these Terms and the Content Provider Terms.
1. What is Vodafone Entertainment?
Vodafone Entertainment allows you to choose entertainment relating to music, sport and other content provided to you by third party content providers ("Content"). Vodafone Entertainment is available within various plans. Spotify Premium and Sky Sports are also available on a standalone subscription basis.
2. Cost of Service
2.1 Where the Content is included as part of your Plan you can select one Content pack as part of your eligible tariff. Unless stated otherwise the Content will automatically expire after the term specified in your plan Terms. You will then be charged at the current retail price for that content but can choose to opt out of this charge at any time.
2.2 Where the Content is selected as a standalone monthly subscription the cost of the Content will be confirmed to you at the time of taking out the standalone subscription. PAYG customers will need to have credit on their account each month in order for the monthly subscription payment to be made. Sky Sports and Spotify Premium are available on a standalone monthly subscription service.
If you upgrade your plan prior to the end of the period that content is included within your plan then you will lose access to your chosen content from the date of the upgrade.
4. Ending the Service
4.1 Where selected as a standalone monthly subscription and charged to your Vodafone bill you can cancel your monthly subscription during the first 14 days following the date you first registered for the monthly subscription (“Cancellation Period”). We’ll reimburse you for any monthly subscription payments for the Service you have already made, provided the Service has not been accessed.
4.2 After the Cancellation Period you can terminate your monthly subscription by contacting Vodafone at any time. The cancellation will take effect from the next monthly anniversary of the date you subscribed except where you cancel less than 48 hours before your next monthly anniversary date in which case cancellation will take effect from the following monthly anniversary. To cancel or terminate your subscription please visit http://offers.vodafone.com/gb/. Please contact the relevant provider if you have taken out a standalone monthly subscription and pay them directly.
5. Sky Sports Entertainment Package
5.1 You can choose Pack 1 as your content option as part of certain plans. You can also choose to purchase either Pack 1 or the full pack as a standalone option on a monthly subscription basis or if you already have Pack 1 included under your plan you can choose to upgrade to the full pack for an additional monthly subscription fee. If you purchase Pack 1 as a standalone option and wish to upgrade to the Full Pack we suggest you first cancel your Pack 1 monthly subscription and wait until your subscription has ended before subscribing to the Full Pack or you will be charged for both packs. You will not receive any refund for any overlapping subscription where you have paid for more than one pack.
5.2 Sky Sports Mobile TV will automatically renew at the end of your content inclusive period and will then be charged to your mobile bill. You will be charged at the then current price for Pack 1 (or if you’ve upgraded to the full pack, the then current price of the full pack), unless you cancel via offers.vodafone.com/gb.
5.3 A subscription to Sky Sports Mobile TV Pack 1 is currently priced at £5.99 per month if purchased separately via Sky (price correct as at August 2017).
6. Spotify Entertainment Package
7. NOW TV Entertainment Package
7.3 In accordance with clause 4.3 of the Sky Terms and Conditions below, where selected as part of your plan, the Service will automatically renew at the end of your plan, at the then current price for the Entertainment Pass and you will be charged by Sky, unless you stop your pass from automatically renewing with NOW TV
7.5 A NOW TV Entertainment Pass is currently worth £7.99 per month if purchased separately on NOWTV.com (price correct as at August 2017).
8.1 Third parties own the content of the products contained within the Vodafone Entertainment Package. The content is subject to change and we are not responsible for the content.
8.2 Registered Address: Vodafone House, The Connection, Newbury, Berkshire, RG14 2FN, United
Kingdom. Registered in England No. 1471587.
Spotify Terms and Conditions
Terms and conditions for Spotify are available at: https://www.spotify.com/uk/legal/end-user-agreement/plain/
Sky Terms and Conditions (for both Sky Sports Mobile TV and NOW TV)
If you download the Apps from iTunes the following important terms specified by iTunes apply:
“iTunes” means iTunes S.a.r.l (registered number: RCS Luxembourg B 101 120), whose registered office is at 8 rue Heinrich Heine, L-1720 Luxembourg. These terms and conditions are between you and Sky and not between you and iTunes, though separate terms may apply between you and iTunes. Sky and its licensors are solely responsible for the App/Service and its content. iTunes has no obligation to provide any maintenance and support services with respect to the App/Service. To the maximum extent permitted by law, iTunes will have no other warranty obligation whatsoever with respect to the App/Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App/Service to conform to any warranty are Sky’ s responsibility. iTunes is not responsible for investigating, defending, settling or otherwise discharging any claims by you or any third party relating to the App/Service (including any claims alleging that the App/Service infringes that third party’s intellectual property rights or fails to conform to any applicable legal or regulatory requirement). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. iTunes and Apple Inc., are each third party beneficiaries under these terms and conditions and shall have the right to enforce these terms and conditions against you as a third party beneficiary. To the extent that the provisions of this section conflict with the remaining provisions of these terms and conditions the provisions of this section shall prevail.
1. The Service
1.1 The “Service” means either the Sky Sports Mobile TV channel package option(s) we offer (“Option”) or the NOW TV Entertainment Pass chosen by you. The relevant Service enables you to access either Sky Sports Mobile TV or NOW TV via the Vodafone network. You cannot choose individual channels within any Option and/or Service.
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 and/or Service. If we withdraw your chosen Option we will move you onto the nearest equivalent Option.
1.3 We may suspend the Service at any time to update the Service or for technical reasons.
1.4 The Service is subject to wireless internet connection, 3G and/or 4G coverage, handset capability and network availability. If the Service is suspended, interrupted or not available to you due to mobile network and/or wireless internet connection interruptions, we will not be responsible.
1.5 From time to time device manufacturers or the provider of the device operating system may impose changes that limit or restrict your use of the App/ Service on that device. If this happens we’ll try to notify you of these changes in advance, but as we have no control over these manufacturers and providers it may not always be possible to do so.
2. Information collected and/stored on your device
2.1 In order to use the Service you will need to download and install the App on your compatible device via your relevant app store provider.
2.2 When you visit a third party website via a link or banner ad from within the App, information will be automatically collected by us through the App to track the number of visitors to the relevant website. These statistics will be supplied by us to our third party advertising business partners.
3. Your use of the Service
3.1 You must ensure that your supported device meets (and continues to meet) the hardware, systems and software requirements for the App/Service as described at the time you download the App or any updates to the App.
3.2 You will not use the Service or any part of it other than for personal, non-commercial purposes in the UK.
3.3 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 materials included within the App or Service; or
(b) sell or make any charge for watching or using any part of the App or Service; or
(c) show any part of the App or Service in public to an audience, even if no charge is made; or
(d) use the App or Service for any improper or unlawful purpose; or
(e) access the Service or stream any content available via the Service from any device which is located outside of the UK or ROI
3.4 You agree to follow our reasonable instructions concerning your use of the Service.
3.5 If the Service incorporates user posting/upload functions, you must not post or upload any material that is defamatory, threatening, obscene, harmful, pornographic or otherwise illegal, or includes material which would violate or infringe in any way upon rights (including intellectual property rights, rights of confidentiality, or rights of privacy) of Sky or others or causes distress or inconvenience.
3.6 We may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of the App or Service by you or any one you have allowed to use the App or Service on your compatible device.
4. Subscription Payments
4.1 Vodafone collects subscription payments on our behalf. All fees payable by you for your use of the Service are payable in accordance with your Vodafone Contracts.
4.2 If you have missed any payments you owe, we or Vodafone can suspend either the provision of the Service or your access to the Service without giving you notice. This does not affect our right to end this Contract under Clause 8 below.
5.1 We will not be responsible or liable under this Contract for any loss or damage caused by:
(a) failure, interruption or delays to the relevant App or 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 App or Service with any hardware and/or software on your mobile phone;
(e) any errors, viruses or bugs present in or arising from your use of the App or Service that are not caused by or attributable to us;
(f) any other matter that is outside of our reasonable control including without limitation, any act or default of any third party supplier, device manufacturer or provider of a device operating system.
5.2 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.
5.3 Nothing in this Contract 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.
5.4 These limitations do not affect your legal rights. If you require advice on your legal rights, you should refer to http://adviceguide.org.uk
6. Privacy and Personal Information
6.1 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 Vodafone including for market research and the marketing of Sky’s products and services. This may include sending you marketing by email or SMS about either Sky Mobile TV (where you have taken the Sky Sports Mobile TV service) or NOW TV (where you have taken the NOW TV Entertainment Pass) or other similar products and services unless you advise us of your preference not to receive such forms of marketing.
6.2 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.
6.3 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, if you are taking the Sky Sports Mobile TV service please contact Sky Sports Mobile TV customer service by telephoning +44 8442 411 531 or emailing email@example.com or if you are taking the NOW TV Entertainment Pass service, please contact NOW TV by emailing: firstname.lastname@example.org.
7. Changes to this Contract
7.1 We may make changes to this Contract from time to time. We will give you one calendar month’s notice of any changes that affect you.
7.2 If we reasonably believe a change will not disadvantage you we may include it without notice. Your first use of the App or Service after you have been notified of the changes will constitute acceptance of such changes.
8.1 Once you have selected to receive the Service, you will only be able to terminate or end your access to the Service in accordance with the terms of your Vodafone Contract.
8.2 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.
8.3 The Service is made available via Vodafone’s network under an agreement between us and Vodafone. If our agreement with Vodafone ends and the Service can no longer be provided to you, we or Vodafone will give you written notice of this fact and tell you the date that your Service will end. In respect of standalone subscriptions only Vodafone will refund any part of a subscription payment received by Vodafone that relate to the Service (or part of the Service) for the period after the Service ends.
8.4 If you no longer have the right to access the Service under your Vodafone Contracts or any of your Vodafone Contracts are terminated or suspended your access to the Service will automatically end or be suspended (as applicable) at that point.
8.5 We will not refund any payments made to Vodafone for the Service if we end this Contract because you have broken a term in it.
9. Intellectual Property
9.1 All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the App or Service shall remain at all times vested in us or our licensors. You are permitted to use this material or content only as expressly authorised in writing by us or our licensors. You will not, and you will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.
9.2 If you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.
9.3 You acknowledge that if you post materials via the Service or App, you grant to us and our licensors and assigns an irrevocable, perpetual, royalty free, worldwide licence to use the materials as part of the App or Service and in any other manner. The licence extends to copying, distributing, broadcasting and otherwise transmitting and adapting and editing the materials.
10. Right To Transfer The Contract and Third Parties
10.1 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.
10.2 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 10.1.
This Contract is governed by English Law. Any disputes can be dealt with the by courts in England and Wales or any other UK court that could lawfully deal with the case.