This text (together with the documents referred to in it) sets out the terms and conditions on which we provide the Service (defined below) to you (together, the 'Contract'). Please read this Contract carefully before subscribing to the Service.
By proceeding to use the Service, you are indicating your agreement to the terms and conditions set out in this Contract and the terms and conditions applicable to any offer you have selected. If applicable, you must also enter the End User Licence Agreement with Sky, a copy of which is set out on the Website. You should print a copy of this Contract and (if applicable) the End User Licence Agreement from the Website on the date you enter into this Contract, for future reference.
IMPORTANT TERMS ABOUT THIS CONTRACT
Please take a few minutes to read the following important terms. Further terms and conditions are set out later in this Contract which you should also read carefully.
Can I subscribe to the Service?
Yes, if you are 18 or over and you use the Service only on your Device(s) in either the UK (including the Isle of Man and Channel Islands) or the Republic of Ireland.
How much does the Service cost and how do I pay for it?
If you are a Sky TV customer access to some Content is available at no extra charge. You can separately purchase access to other Content. Non-Sky TV subscribers must pay a Subscription Payment to use the Service. Payments (where applicable) will be added to your Sky TV bill or processed separately on our behalf by MPP (depending on whether or not you are a Sky TV customer and the Content in question). Pricing information is displayed on the Website and/or within the Service at the point from which you can access Content.
What network connection do I need to access the Service?
Access to the Service is dependent on you having an adequate broadband internet connection (minimum 2Mbps recommended per Device accessing the service concurrently) and/or 3G Mobile Network (180-1400Kbps recommended depending on the Content you want to watch and the Device you are using). Further information on these requirements is set out on the Website.
What Content is available?
The Content that is available on the Service depends on the part of the Service you are subscribing to and is set out on the Website and updated from time to time. Due to rights restrictions, we may be unable to make certain programmes available via the Service or we may be unable to show Content on certain Devices (see Website for details).
Will the Service change?
The Service is variable and therefore may change from time to time. (Some of the Content available on the Service is supplied by other broadcasters and therefore the availability of such Content is outside our control.)
How much notice will I get if you change the Service or increase my Subscription Payment?
We will give you at least 31 days' notice before we change the Service to your material disadvantage (unless an immediate change is required for security reasons) or increase your Subscription Payment, unless such increase results from: (a) you changing your subscription; or (b) us being required to increase our prices by law or because a regulatory authority requests or requires us to do so (if this happens we will try to give you reasonable notice in writing). If you are not the payer of the Subscription Payment, you should tell the payer about any price increase notice we send you.
What are my rights to cancel?
During the eight working days following the date when you first subscribe to the Service, you can cancel your subscription and we will reimburse you for any Subscription Payments and/or One-Off Payments you have made, provided you do not begin using that part of the Service to which the Subscription Payments and/or One-Off Payments relate. If you start using that part or those parts of the Service to which the Subscription Payments and/or One-Off Payments relate, your rights to a reimbursement will end. After eight working days following the date when you first subscribe to the Service, you can inform us that you wish to cancel your subscription at any time in accordance with clause 7 of this Contract.
How do special offers affect my Contract?
If you are eligible for and take up a special offer, the relevant terms and conditions in this Contract will be varied to take account of the offer terms and conditions.
The Service is provided by, and this Contract is with, British Sky Broadcasting Limited ('Sky'). References in these terms and conditions to 'we' or 'us' shall be read as references to Sky. We are registered in England and Wales under registered number 02906991 and have our registered office and main trading address at Grant Way, Isleworth, Middlesex TW7 5QD, England (UK). Our UK VAT number is 440 6274 67.
MPP will provide MPP Payment Services in relation to certain parts of the Service on our behalf.
You can contact us for any customer service reasons using the contact details set out on the Website.
'3G Mobile Network' means a mobile telecommunication network operated by a third party with a 3G data connection established;
'Access Period' means the period of time for which certain Content may be accessed via the Service (as set out on the Website and/or within the Service at the point from which you can access Content);
'Additional User' means a user of the Service who has been registered to do so by you in accordance with the instructions and restrictions set out on the Website and updated from time to time;
'Content' means the selection of live Sky TV channels and/or on-demand content (as applicable) that is available via the Service, as described on the relevant Website and updated from time to time;
'Contract' has the meaning given to it in the first paragraph of this Contract;
'Device' means the device or devices that have been registered to use the Service in accordance with the instructions and restrictions set out in the Website;
'End User Licence Agreement' means the End User Licence Agreement with Sky in relation to your use of the Sky Go software, a copy of which is available on the Website;
'MPP' means MPP Global Solutions Limited (registered number 03951843), whose registered office is at Thomson House, Birchwood Park, Warrington, United Kingdom, WA3 6GA;
'MPP Payment Service' means the electronic payment service provided by MPP that you must use to make your Subscription Payments and any other One-Off Payments necessary to use the Service or parts of the Service (as applicable);
'One-Off Payment' means a one-off payment that you may be required to pay in order to use part of the Service, including but not limited to any non-recurring fee you may be required to pay to use part of the Service or access pay-per-view on-demand Content (where available);
'Payment Period' means each month that you subscribe to the Service by making a Subscription Payment starting on the date you are first permitted to access the Service and shall continue for a period of one calendar month (for example, if you are first granted access to the Service on 5 May, your first Subscription Period will start on 5 May and end on 4 June and your next Subscription Period will start on 5 June and end on 4 July, and so on, until you unsubscribe.).
'Service' means the Sky Go service (together with any equivalent or comparable service that is not 'Sky Go'-branded on a particular Device), provided by Sky and as described on the relevant Website and in this Contract;
'Sky' has the meaning given to it in clause 1 of this Contract;
'Subscription Payment' means the monthly recurring fee payable in advance (the amount of which is set out on the Website) that you may be required to pay to use the Service or parts of the Service;
'Territory' means the United Kingdom, Channel Islands, Isle of Man or Republic of Ireland (as applicable);
'Website' is the Sky site or any other website address which we notify to you.
3.1 The Service is available in the Territory and allows you watch the Content on your Device.
3.2 To access and use the Service you must:
3.2.1 Be 18 years old or over.
3.2.2 Accept the terms and conditions set out in this Contract.
3.2.3 Be a resident of one of the Territories.
3.2.4 Provide us with proof of identity if we reasonably ask you to do so from time to time.
3.2.5 Ensure that your Device meets the minimum hardware, systems and software requirements, as set out on the Website and updated by us from time to time.
3.2.6 Only access and use the Service via your Devices in the Territory.
3.2.7 Ensure that you have access to either a suitable 3G Mobile Network and/or broadband internet connection, as applicable and as set out on the Website and updated by us from time to time.
3.2.8 Follow our reasonable instructions and requirements in relation to how you use the Service, as set out in this Contract and on the Website and updated by us from time to time, and regularly check the Website for updates to such instructions and requirements.
3.3 You must not access or use the Service for any improper or unlawful purpose and you will not allow anyone else to do the same.
3.4 The Service and the Content made available as part of the Service are provided for your non-commercial use in the Territory.
3.5 Any Content you download to a Device shall not be transferred to another Device.
3.6 You must not copy, reproduce, republish, post, broadcast, transmit or make the Content available to the public or authorise or assist anyone else to do so.
3.7 As it is our policy to continually improve our Service, we reserve the right to alter the presentation of and/or the facilities available on the Service from time to time. We will not make any significant variations to your material disadvantage without notifying you in accordance with clause 12 of this Contract.
3.8 Access Periods may limit how long you can retain and view Content. Details of any applicable Access Period are provided before you purchase or otherwise access the Content. Stopping, pausing or re-starting Content will not extend the Access Period for viewing that Content. Once the Access Period has expired, the Content will be automatically deleted from your Device. No refunds will be given for Content which you have not fully viewed before the expiry of the Access Period.
Network and/or broadband requirements
3.9 The Service is provided to you via a 3G Mobile Network and/or broadband internet connection (as applicable). If the Service is suspended, interrupted or not available to you due to 3G Mobile Network and/or broadband internet connection interruptions, we will not be responsible (unless you have separate rights against us for the provision of a 3G Mobile Network and/or broadband internet connections).
3.10 You will be responsible for any costs charged by your 3G Mobile Network and/or internet service provider in relation to the provision of the 3G Mobile Network coverage and/or broadband internet connection necessary to use the Service.
4.1 You (and if applicable, any Additional Users) must choose a username and password when you register for the Service.
4.2 You (and if applicable, any Additional Users) must not disclose your username and/or password to any third party in any circumstances.
4.3 You are responsible for keeping your username and password secure and confidential and you must take all reasonable precautions to prevent them being used by someone else. You are also responsible for the security and proper use of any Additional User?s name and password and all activities that occur under these usernames and passwords.
4.4 If you know or suspect that your username or password or any username or password of any of your Additional Users has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately. In these circumstances, you must also ensure that any such username and password is changed as soon as possible.
4.5 If we believe that there has been, or is likely to be, a breach of security of your username or password or (if applicable) the username or password of any Additional User, we may suspend such usernames or passwords and require that any or all of them are changed and/or restrict your and any Additional Users use of all or any part of the Service.
5.1 If you are a Sky TV customer Subscription Payments to use the Service will be added to your Sky TV bill where stated on the Website. Instructions on how to view your Sky TV bill online are set out on the Website. Otherwise MPP will collect Subscription Payments or One-Off-Payments on our behalf (i.e. where those payments are not added to your Sky TV bill or where you are not a Sky TV customer).
5.2 Where MPP collects the payments required to use certain parts of the Service (as stated on the Website), you must provide MPP with the information needed to collect payment and you authorise MPP to collect Subscription Payments or One-Off Payments on our behalf.
5.3 If you are required to pay a Subscription Payment in order to use the Service or parts of the Service (see Website for a description of and the eligibility criteria and current prices for the Service), you must pay a Subscription Payment for each Payment Period.
5.4 Where relevant, if you choose to upgrade your subscription to the Service or parts of the Service during any Payment Period, and as a result you are required to pay a higher Subscription Payment, MPP will deduct:
5.4.1 On the day you upgrade your subscription, a single payment from the debit or credit card you use to pay your Subscription Payments to cover the increased cost of your subscription for the remainder of your current Payment Period; and
5.4.2 On the day after your Payment Period ends, the new Subscription Payment.
5.5 If you are not the payer of the Subscription Payments payable under this Contract, you must tell the payer of any notice we send you in relation to any increases to your Subscription Payments.
5.6 We may alter the amount we add to your Sky TV bill or MPP deduct from the debit or credit card you use to pay your Subscription Payments if your Subscription Payments change for any reason (including where you change your subscription).
5.7 If you choose to use part of the Service for which you are required to pay a One-Off Payment (if applicable) and we or MPP are unable to collect the One-Off Payment from you, you will not be able to access that part of the Service.
6.1 All of our prices in relation to the Service are set out on the Website and may change from time as notified to you in accordance with clause 12 of this Contract.
6.2 Our prices include VAT and any equivalent sales tax that is applicable from time to time in the relevant Territory. We will not be obliged to honour prices that are the result of obvious and unmistakeable errors and which could reasonably have been recognised by you as a mis-pricing.
6.3 If you live in the United Kingdom, Channel Islands or Isle of Man you will pay the prices quoted in UK pounds set out on the Website in accordance with clause 6.1. If you live in the Republic of Ireland, you will pay the prices quoted in Euros set out on the Website in accordance with clause 6.1.
7.1 You can inform us that you wish to cancel your subscription to the Service at any time via the Website. Where you pay a Subscription Payment to use the Service, your cancellation will be effective and your access to the Service will cease at the earlier of:
7.1.1 the end of the Payment Period in which you tell us you want to cancel; or
7.1.2 where you have given us notice in accordance with clause 12.4, the end of the 7 day notice period referred to in that clause.
Where you do not pay a Subscription Payment to use the Service, your cancellation will be effective immediately following the end of any Access Period(s).
7.2 We can cancel this Contract at any time. Except as otherwise specified in clause 7.4 below, if we cancel this Contract and:
7.2.1. you pay a Subscription Payment to use the Service, you will have access to the part of the Service to which the Subscription Payment relates for the remainder of your current Payment Period, but your subscription will not automatically be renewed; and/or
7.2.2. you will have access to Content purchased by way of a One-Off Payment and subject to an Access Period for the remainder of the Access Period.
7.3 Some of the Content we provide is supplied by third parties. The availability of such Content on the Service is outside our control and we may be unable to make certain programmes available via the Service or we may be unable to show Content on certain Devices. We shall use our reasonable efforts to notify you in advance (via the Website or otherwise) about the unavailability of certain programmes and Device restrictions.
7.4 We may immediately suspend or restrict your (or if applicable any of your Additional User?s) use of all or any part of the Service:
7.4.1 where reasonably necessary for technical or operational reasons;
7.4.2 if you have missed any payments you owe to us, or your payments are outstanding, for example if your payment method fails;
7.4.3 if you breach any of the terms of this Contract;
7.4.4 if we consider that you (or if applicable any or your Additional Users) have committed or may be committing any fraudulent activity against us or against any other person or organisation through your or their use of the Service;
7.4.5 if you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate.
8.1. 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.
8.2 You will be responsible for the actions and omissions of any Additional Users (if applicable).
8.3 Sky will not be liable under this Contract for:
8.3.1 Any use of the Service that we do not authorise.
8.3.2 The act of ending, suspending or restricting this Contract in accordance with clause 7.
8.3.3 Any delay or failure by us to provide the Service (or any part of it) caused by events outside our reasonable control. Matters outside our reasonable control include (but are not limited to) severe weather conditions, civil disorder, terrorist activity, war and government action.
8.3.4 Any loss or damage caused by us or any of our respective officers, employers or agents in circumstances where:
a) There is no breach of a contractual obligation or legal duty of care owed to you by us or by any of our employees or agents; or
b) Such loss or damage is not a reasonably foreseeable result of any such breach.
8.3.5 Any loss or damage caused by us or any of our respective employees or agents to the extent that such loss or damage results from your negligence, your failure to follow our reasonable instructions or any other breach by you of this Contract.
8.3.6 Any loss or damage caused by any:
a) errors, viruses or bugs present in or arising from your use of the Service that are not directly caused by or attributable to us; or
b) incompatibility of the Service with any other software, hardware or material on your Device.
8.4 The limitations in clause 8.3 do not affect your legal rights. If you require any advice on your legal rights, you can refer to www.consumerdirect.gov.uk or www.consumerconnect.ie.
9.1 Your use of the Service and any software required to use the Service is protected by intellectual property laws, this Contract and (if applicable) the End User Licence Agreement.
9.2 All copyright, trade-marks and all other intellectual property rights in all material or Content supplied as part of the Service will remain ours or, where applicable, our third party content partners. We hereby grant you a licence to use such rights for your personal use of the Service only, in accordance with this Contract.
9.3 You must not do or authorise any of the following:
9.3.1 copy (except as permitted under the Copyright Designs and Patents Act 1988, as amended from time to time), publish, rent, reproduce, transmit, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit the relevant software or any Content you stream or (if applicable) download from the Service;
9.3.2 sell or make any charge for watching or using any part of the Service; or
9.3.3 show any part of the Service in public to an audience, even if no charge is made.
9.4 We may prevent the copying of any part of the Service.
10.1 If you are required to download software in order to access or use part of the Service, it may send information about itself and your Device (including in relation to usage) to us. The type of information we may collect about the software and your Device under this clause 10.1 is explained on the Website. By using the relevant software, you are indicating your consent to the transmission of this information.
11.1 Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
11.2 The Service may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.
12.1 The Service is variable and therefore may change from time to time. We will give you at least 31 days? notice before we change the Service to your material disadvantage (unless an immediate change is required for security reasons) or increase your Subscription Payment, unless such increase results from: (a) you changing your subscription; or (b) us being required to increase our prices by law or because a regulatory authority requests us to do so or requires a change to any aspect of our pricing which directly affects your Subscription Payments or our pricing structure (if this happens we will try to give you reasonable notice). If you are not the payer of the Subscription Payment, you should tell the payer about any price increase notice we send you.
12.2 If you are eligible for and take up a special offer, the relevant terms and conditions in this Contract will be varied to take account of the offer terms and conditions.
12.3 Unless the change is required to be made immediately for security, legal or regulatory reasons in which case we will notify you as soon as reasonably possible, you will receive at least 31 days' notice of any changes to this Contract. This right to vary will not be used to change the terms of any special offer which applies to you and you have accepted during the term of the offer.
12.4 If we amend this Contract and you reasonably consider that you would be materially disadvantaged by this you may end this Contract by giving us 7 days? notice ending no later than 31 days? from the date of the notice referred to in clause 12.3.
13.1 If we give you any notice that is required under this Contract, we shall give it to you in writing by electronic communication (including via email, via the Website or via a notification within the Service). If we send you any notice with any other electronic communication, such as with a service message, the notice will be in a separate section of the relevant communication and will be clearly marked. The notification will deemed to have been delivered on the day the electronic communication is sent provided we have not received a failed delivery notice (in which case we will send a notice via the Website).
13.2 We will send notices to you using the contact details you have given us (including to your primary email address).
13.3 You must provide us with accurate, true and correct contact details (including a valid email address) and you must keep this information up to date.
14.1 We can transfer our rights and obligations under this Contract to any company, firm or person. We can only do this if it does not affect your rights under this Contract. You may not transfer your right or obligations under this Contract to anyone else.
14.2 This Contract is personal to you and no third party is entitled to benefit under this Contract except pursuant to clause 14.1 above.
14.3 All or any part of any term of this Contract 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.
14.4 This Contract is governed by English law, unless you live in Scotland or the Republic of Ireland in which case it will be governed by Scots law or ROI law (as applicable). If your address is in the UK, any disputes can be dealt with by any UK court that can lawfully deal with the case. If your address is in the Republic of Ireland, any disputes can be dealt with by the courts in England and Wales or in the Republic of Ireland.
(b) If you move home from the UK, Channel Islands or Isle of Man to the Republic of Ireland or vice versa, your Subscription Payment may change as a result of such move.