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Mobile application end-user licence agreement

PLEASE READ THESE LICENCE TERMS CAREFULLY

BY USING THIS SERVICE, YOU ARE CONFIRMING YOU AGREE TO THE TERMS AND CONDITIONS SET OUT IN THIS CONTRACT WHICH WILL BIND YOU.

WHO WE ARE AND WHAT THIS AGREEMENT DOES

We, Digital UK Trading Limited, our Affiliates and DTV Services Limited (together or separately, “we” and/or “us”) of 2nd Floor, 27 Mortimer Street, London, W1T 3JF license you to use:

as permitted in these terms.


YOUR PRIVACY

We only use any personal data we collect through your use of the App and the Services in the ways set out in our Privacy Notice https://www.freeview.co.uk/privacy-notice.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.


APPLE APP STORE’S AND CONTENT PROVIDERS’ TERMS ALSO APPLY

These Terms and Conditions do not govern your relationship with Apple. The ways in which you can use the App and Documentation may also be controlled by the Apple App Store’s rules and policies. You can view this at https://www.apple.com/legal/internet-services/itunes/uk/terms.html.

These Terms and Conditions do not govern your relationship with the Service’s content partners (such as BBC, ITV and Channel 4). The ways in which you can use the materials owned and provided by third-party content providers is subject to the terms and conditions set out by the content provider within their respective content apps.


SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

Support. If you want to learn more about our App or the Service or have any problems using them, please take a look at our support resources in the Help & Support section of the App, and/or at www.Freeview.co.uk/support.

Contacting us (including with complaints). If you think the App or the Services are faulty or mis-described, or wish to contact us for any other reason please email our customer service team at help@freeview.co.uk or call us on 03456 505050.


HOW YOU MAY USE THE APP

In return for your agreeing to comply with these terms you may:

 

NETWORK AND/OR BROADBAND REQUIREMENTS

This service is provided to you via a mobile data network and/or broadband internet connection (as applicable). You will be responsible for any costs charged by your mobile network and/or internet service provider in relation to the provision of internet coverage necessary to use the Service. We encourage you to use the App and Service using WiFi connections to minimise data usage and/or associated costs.


YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Service as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it prior to any change of ownership.


CHANGES TO THESE TERMS

We may change these terms from time to time at our sole discretion. Any revised terms will be applicable from the date they are published. Where we make material changes to these terms we will provide you with prior notice as appropriate under the circumstances. If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.


UPDATES TO THE APP AND CHANGES TO THE SERVICE

From time to time, we may automatically update the App and/or change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates, or if you opt out of automatic updates, you may not be able to continue using the App and the Services.

The App will always work with the current or previous version of your mobile or tablet device operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it. More information on operating system requirements can be found from your app store.


IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.


WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE

By using the App or any of the Services, you agree to us tracking your usage of the App on the devices you use the App on, including related software, hardware and peripherals to improve our products and to provide any Services to you.


WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)

We aim to provide you with the best App and Service possible, and part of this objective is presenting you with the content you know and love. This App will, therefore, use your devices’ location data. We use your location to make sure we only show you the content relevant to your region and make sure you’re not missing out on any of your favourite shows or channels.

Your location is only used to provide you with regionalised content and we promise to never share it with third-parties or store it beyond your use of the App. If you change your mind, you may stop us collecting such data at any time by turning off the location services in the settings menu. With location services off, you can instead provide us with your postcode to continue seeing your region’s content. Otherwise, we will show you the default content listings, which may not ordinarily be applicable to your region.


WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES OR CONTENT YOU LINK TO

The Freeview Mobile app is an aggregation application, enabling users to deep-link to third party content which is not provided by us and is instead provided by the content partners. As a result, we are not responsible for any content that our App/Service 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 sites, apps or platforms, including whether to buy any products or services offered by them.


PROMOTION AND ADVERTISING AND LINKS TO THIRD PARTY SITES

Your dealings with, or participations in promotions by, any third-party advertisers on or through the App or Service are solely between you and such third party. You agree that we will not be responsible or liable for any damage incurred or loss suffered as a result of such dealings with third parties accessed via the App or Service.


LICENCE RESTRICTIONS

You agree that you will:

 

ACCEPTABLE USE RESTRICTIONS

You must:

 

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you and limited to usage only. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the right to use them in accordance with these 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 third party, including ‘Freeview’ and/or ‘Freeview Play’.

Contains OS data © Crown copyright and database right 2018.  © CACI Limited 2013-2018.


OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

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.

When we are liable for damage to your property. We will not be liable for damage 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. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Service. The App and the Service are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. We will use reasonable endeavours to ensure the app 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 in the App.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the App store site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. We will use reasonable endeavours to ensure the App 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 in the App. If our provision of the Service or support for the App or the Service 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 THE APP AND THE SERVICE IF YOU BREAK THESE TERMS

We may end your rights to use the App and Service at any time by contacting you if you have broken these terms 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 the App and Service:


WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation/s. We will always tell you in writing if this happens 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 to another person if we agree in writing.


NO RIGHTS FOR THIRD PARTIES

This agreement does 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 THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these terms operates 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 THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, 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 THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms 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.