Freeview Play Terms and Conditions of Use

Last updated: 26 October 2020

Please read these licence terms carefully.

By using Freeview Play (described below), you are confirming you agree to these terms and conditions of use (“Terms and Conditions”) and have read and understood our Privacy Notice, which is available to view at https://www.freeview.co.uk/privacy-notice.

Contents

1. Who we are and what is Freeview Play
2. What will you need
3. Your privacy
4. We are not responsible for the content you link to
5. Other terms also apply
6. Support and how to tell us about problems
7. Changes to the Terms and Conditions
8. Updates to Freeview Play
9. How you may use Freeview Play
10. Licence restrictions
11. Acceptable user restrictions
12. Our intellectual property rights
13. Our responsibility for loss or damage suffered by you
14. Limitations to Freeview Play and the Content Services
15. We may end your rights to use Freeview Play if you break these Terms and Conditions
16. We may transfer these terms to someone else
17. You need our consent to transfer your rights to someone else
18. No rights for third parties
19. If a court finds part of these terms illegal the rest will continue in force
20. Even if we delay in enforcing these Terms and Conditions we can still enforce them later
21. Which laws apply to these Terms and Conditions and where you may bring legal proceedings

Who we are and what is Freeview Play

We are Digital UK Trading Limited, a company registered in England and Wales (“we” and/or “us”) with our office registered at 2nd Floor, 27 Mortimer Street, London, W1T 3JF.

These Terms and Conditions of Use set out the legal terms that apply to your use of or access to Freeview Play, which is available on your TV. Freeview Play is a platform which includes the Explore Freeview Play application and provides you with integrated access to programs on your TV through live channels and on-demand through third party TV players operated by our Freeview Play partners. Through Freeview Play, we are able to provide you with the UK's favourite shows live and on demand in one place.

Freeview Play will only be accessible if you accept these Terms and Conditions of Use, which contain important information about your rights and any restrictions that apply in connection with your use of Freeview Play, so please review these Terms and Conditions carefully.

What will you need

Freeview Play requires a broadband internet connection to operate on your TV. You will be responsible for any costs charged by your internet service provider in relation to the provision of internet coverage necessary to use Freeview Play. If your TV is not connected to the internet, it will operate as a Freeview HD device without connected services.

To use Freeview Play, you will need a minimum broadband speed of 2Mbps. You may also be instructed to issue updates and/or upgrades to your TV from time to time for Freeview Play to function.

You are required to have a TV licence to access the programming content available through Freeview Play ("Content Services") and may need to register an account with our Freeview Play partners to watch on-demand Content Services on their third party TV players (see Section 4 below for further information).

Your privacy

We only use any personal data we collect through your use of Freeview Play in the ways set out in our Privacy Notice, which is available to view at https://www.freeview.co.uk/privacy-notice.

We are not responsible for the content you link to

Freeview Play is a platform that aggregates Content Services, enabling users to view live programming and deep-link to third party content which is not provided by us and is instead provided by our content partners. As a result, we are not responsible for any Content Services that Freeview Play aggregates or links to, nor have we approved the linked content or third-party privacy policies (if any).

You will need to make your own independent judgement about whether to use any such third-party players, apps or platforms, including whether to buy any products or services offered by them.

Other terms also apply

These Terms and Conditions only govern your use of Freeview Play and do not govern the ways in which you can use other connected services on your TV. Where your use of the TV is subject to separate terms and conditions, these terms will be notified to you separately.

These Terms and Conditions do not govern your relationship with our content partners either (such as BBC, ITV and Channel 4). The ways in which you can use the materials owned and provided by third-party content providers, including the Content Services, is subject to the terms and conditions set out by the content provider within their respective TV players. Please note that channels may vary by location and any Content Service(s) broadcast or made available in or from the United Kingdom will only be available in other territories to the extent permitted by law.

Some providers of Content Services use digital rights management security features and/or other content-protection measures.  These features and measures enable content providers to protect their content when they make it available to users.  It is not permitted to remove or circumvent or try to remove or circumvent these features or measures. For further information, see the terms and conditions of the relevant content provider.

Support and how to tell us about problems

If you want to learn more about Freeview Play or have any problems using the platform, please take a look at our support resources in the Help section of our website at https://www.freeview.co.uk/help.

If you have any complaints regarding Freeview Play , or wish to contact us for any other reason please email our customer service team at [email protected] or call us on 03456 505050.

Changes to the Terms and Conditions

We may change these Terms and Conditions from time to time, for example to reflect any changes to Freeview Play and/or any other changes that are necessary to meet legal or regulatory requirements. Any revised terms will be applicable from the date they are published. Where we make material changes to these Terms and Conditions we will provide you with prior notice as appropriate under the circumstances.

Updates to Freeview Play

From time to time, we may automatically update Freeview Play to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update Freeview Play. If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using Freeview Play.

Freeview Play will work with the current version of your TV operating system (as may be updated from time to time), and Freeview Play will match the main characteristics, interoperability and functionality set out in the product description of Freeview Play that was provided by the manufacturer when you purchased your TV. More information on operating system requirements can be provided by the manufacturer of your TV.

How you may use Freeview Play

Freeview Play is made available free of charge. In return for agreeing to comply with these Terms and Conditions you may access and use Freeview Play on your TV for private, non-commercial use. 

Licence restrictions

You accept full responsibility for any use of Freeview Play on your TV by you, anyone else in your household or anyone else using your device. You agree that you will:

• not use Freeview Play or any Content Services for public or commercial use, for example, by charging others for accessing the platform;
• not rent, lease, sub-license, loan, provide, or otherwise make available, Freeview Play or any Content Services in any form, in whole or in part to any person;
• not modify, copy, reproduce, rebroadcast, or retransmit in any way any of the Content Services that are accessed through Freeview Play (except as permitted by law);
• not to extract any data or metadata from Freeview Play, nor create any index or database incorporating data or metadata from Freeview Play;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Freeview Play or any Content Service, nor attempt to do any such things, except to the extent permitted by law (a "Permitted Objective"), and provided that the information obtained by you during such activities:
  (a) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
  (b) is not used to create any software that is substantially similar in its expression to Freeview Play;
  (c) is kept secure; and
  (d) is used only for the Permitted Objective; or
• access or use the Freeview Play or any content that accessed through Freeview Play for any unlawful purpose.

Acceptable user restrictions

You must:

• not use Freeview Play or any Content Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Freeview Play, any Content Service or any operating system;
• not infringe our intellectual property rights or those of any third party, including the owners of the  Content Services, in relation to your use of Freeview Play (to the extent that such use is not licensed by these Terms and Conditions);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of Freeview Play;
• not use Freeview Play or any Content Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running Freeview Play.

Our intellectual property rights

All intellectual property rights in Freeview Play and any content that is accessed through Freeview Play throughout the world belong to us (or our licensors) and the rights in Freeview Play and any content that is accessed through Freeview Play are licensed (not sold) to you and limited to usage only. You have no intellectual property rights in, or to, Freeview Play or any content that is accessed through Freeview Play other than the right to use it in accordance with these Terms and Conditions and any relevant third party terms.

Nothing in these Terms and Conditions shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright of ours or any or our third party partners, including ‘Freeview’ and/or ‘Freeview Play’ or any of the marks used in connection with the Content Services.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. We also do not limit our liability to you under consumer protection laws, including your right to receive digital content which is: (i) as described and in accordance with the information that was provided to you at the point of sale;(ii) of satisfactory quality; and (iii) fit for any particular purpose made known at the point of sale.

When we are liable for damage to your property. We will not be liable for damage to your device or digital content that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. Freeview Play and any content that is accessed through Freeview Play is for domestic and private use. If you use Freeview Play or any such content for any commercial, business or resale purpose we will have no liability in connection with use of, or inability to use Freeview Play or use or reliance on any content accessed through Freeview Play. We will not be liable to you for any loss of profit, sales or revenue, loss of business, business interruption, loss of business opportunity, goodwill or reputation, loss or anticipated savings or any indirect of consequential losses in connection with any commercial use of Freeview Play.

Limitations to Freeview Play and the Content Services

Some Content Services may not be suitable and/or available for everyone.  This might include programmes that are not appropriate for children, or services for which payments are required.  Users are responsible for setting up and maintaining parental controls provided by the device manufacturer or any other controls that are available.

Freeview Play is provided on an 'as is' basis and any warranty, condition, or other term is excluded to the extent permitted in law.

Other than in accordance with consumer protection laws as set out in Section 13, no representation is made about the availability of Freeview Play or any content that is accessed through Freeview Play. Occasionally, Freeview Play may be interrupted, or your use suspended or restricted where reasonably necessary for technical, operational, security, legal or regulatory reasons. If this happens, the relevant service will be restored as soon as reasonably practicable, and subject to liability that cannot be limited under Section 13, no liability is accepted for any harm suffered as a result of such interruption, suspension or restriction.

We are not responsible for events outside our control. We will use reasonable endeavours to ensure Freeview Play is available to you at all times. However, we do not provide any guarantees about its availability or that we will quickly resolve any technical problems that arise from Freeview Play. If our provision of Freeview Play is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.

We may end your rights to use Freeview Play if you break these Terms and Conditions

We may end your rights to use Freeview Play at any time by contacting you if you have broken these Terms and Conditions in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so. If we end your rights to use Freeview Play:

• You must stop all activities authorised by these Terms and Conditions, including your use of Freeview Play.
• We may cease providing you with access to Freeview Play on your device.

We may transfer these terms to someone else

We may transfer our rights and obligations under these Terms and Conditions to another organisation/s. We will always notify you as appropriate under the circumstances if this happens, which may include through a notification on your device, and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else

You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree in writing.

No rights for third parties

These Terms and Conditions do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of these terms illegal the rest will continue in force

Each of the paragraphs of these Terms and Conditions operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these Terms and Conditions we can still enforce them later

Even if we delay in enforcing these Terms and Conditions, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of any breach of these Terms and Conditions, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to these Terms and Conditions and where you may bring legal proceedings

These Terms and Conditions are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.