BritBox UK Terms of Use

Last updated: 1 November 2019

1. Acceptance of Terms and Conditions

1.1. These Terms and Conditions incorporate our Privacy Notice and our Cookie Notice (which can be accessed at www.britbox.co.uk/privacy).

1.2. These terms of use (“Terms of Use”) constitute an agreement between you and BritBox SVOD Limited (“we” “us” and/or “BritBox”) regarding goods or services offered to you by BritBox through our websites and/or applications, including where we make BritBox applications available on third party platforms or services.

1.3. You agree to be legally bound by these Terms of Use when you register and use BritBox.

1.4. These Terms of Use contain important information about your rights and obligations and the restrictions that may apply when you use BritBox. If you do not agree with any of these Terms of Use then you should not register for or use BritBox.

2. The BritBox Service

2.1. BritBox offers you the opportunity to view television programmes, movies, trailers and promotional material, graphics, logos, interfaces, layout and/or other audiovisual content (“BritBox Content”, which includes any HTML tag or other code or metadata which is contained in, linked to, from and around such content). When we talk about the “BritBox Service” we mean the service we provide to enable you to access BritBox Content including our website and applications, all the features and functionality we make available to you, and any of our user interfaces or software associated with our service.

2.2. To use the BritBox Service you must register to become a subscriber. To become a subscriber and use the BritBox Service you must be:

2.2.1. at least 18 years of age 2.2.2. located in the United Kingdom, the Channels Islands or the Isle of Man 2.2.3. a natural person (i.e. not a company or other business entity).

2.3. If we ask you to, you agree to provide us with evidence of your identity.

2.4. You cannot transfer your subscription to BritBox to any other person.

2.5. To become a subscriber of BritBox, you must provide us with your first name, last name, email address and password, and a valid method of payment. From time to time, we may introduce the ability to provide payment through a third party and this will be considered a valid method of payment where that is the case.

2.6. Your subscription of BritBox may begin with a free trial. We will make clear to you whether this is the case during the registration process. At the end of your free trial, we will commence taking payments from your payment method on a monthly or annual basis (as selected by you at the time of registration). We may from time to time add other free trial periods and if we do so we will make it clear to you at the time of registration.

2.7. Special offers and/or free trials cannot be combined.

2.8. You will not be charged if you cancel your subscription during your free trial period. Please see the ‘Cancellation’ section below for full details.

2.9. Free trials are only available to new subscribers and we reserve the right not to provide a free trial to any subscriber in our sole discretion to prevent abuse of the free trial period.

3. Billing

3.1. Unless you cancel, we will charge your payment method for your periodic subscription cost (which may vary depending on the plan you select). The first payment will be taken on the day you join, or if you have a free trial, on the day after your free trial expires. If that day does not exist in the relevant month, payment will be taken on the final day of the preceding month. For example, if you join BritBox on 1 January and your free trial period is 30 days, your first payment would be taken on 31 January and (for monthly plans), thereafter on 28 February, 31 March, 30 April and so on.

3.2. If you purchase your BritBox subscription as an in-app purchase via iOS your purchase is also subject to the applicable terms and conditions of Apple and payment will be charged to the payment method associated with your Apple account. You will be charged through your iTunes account at the end of the free trial period. Your subscription automatically renews unless auto-renew is turned off 24-hours before the end of the current period. You can manage your subscription and turn off auto-renewal from your iTunes account settings.

3.3. Your monthly subscription cost is inclusive of any applicable VAT or other taxes.

3.4. You can update your payment method at any time by going to the Account section of the BritBox Service and updating your payment method. We may also update your payment method using information provided by our payment service providers, and following any update you authorise us to continue to charge the applicable payment method. If your payment method is through a third party, you may need to update your payment method through that third party. If our attempts to collect payment from any payment method fails, you authorise us to continue to attempt to collect payment from that payment method until the end of your monthly or annual billing cycle. If at the expiry of that cycle we are still unable to take payment, we may suspend or terminate your account until such time as you update your payment method to a valid method of payment. You are responsible for any fees charged by the issuer of your payment method (e.g. foreign transaction fees). Please check with the provider of your payment method for details.

3.5. We may update the price of any of our subscription plans from time to time by giving notice to you of the changes to your registered email address. We will give you at least 30 days notice of any changes and you should cancel your subscription before the changes take effect if you do not agree to them. Please note it is your responsibility to provide us with a valid email address you can access when registering and we will assume that you are contactable at the email address you provide. You can update your registered email address at any time in the Account section of the BritBox website.

4. Cancellation

4.1. You can cancel your BritBox subscription at any time. To cancel, go to the Account page and follow the instructions. If you cancel, your subscription will continue until the end of your billing cycle. Please note that unless required to do so by applicable law, we do not provide refunds for partial billing cycles. If you registered for BritBox through a third party or you use a third party payment method, you may need to cancel through that third party. If you registered for BritBox and purchased your subscription as an in-app purchase via iOS you can cancel your subscription through the Settings menu on your device.

4.2. If you cancel your BritBox subscription before the expiry of your free trial, you will not be charged. If you sign up via iOS, please note that you will need to turn auto-renew off in your iTunes setting 24 hours before the expiry of your free trial to avoid being charged.

4.3. When you register to become a subscriber of BritBox, you acknowledge that you will lose the statutory right to cancel provided under the Consumer RIghts Act 2015 because we commence providing the services to you immediately upon the commencement of your subscription. However, you can still cancel at any time during your free trial without being charged.

5. Using the BritBox Service

5.1. To be able to view BritBox Content using the BritBox Service you must have a compatible device and an active broadband internet connection or mobile network connection. Please see our FAQs for further information about using the BritBox Service and the minimum technical requirements It is your responsibility to ensure that your equipment, systems and connectivity are suitable to enable you to access the BritBox Service before you decide to become a subscriber. We are not responsible in any way for your ability to view BritBox Content, even if your equipment and systems meet the minimum technical requirements. You are responsible for any costs and other charges or expenses charged by your Internet Service Provider or network operator in relation to your internet service, your mobile service and any use of the BritBox Service.

5.2. We reserve the right to:

5.2.1. remove and/or alter the BritBox Content available via the BritBox Service and/or the functionality of the BritBox Service at any time and for any reason whatsoever; and/or

5.2.2. llimit the number of devices you can use to access the BritBox Service, whether concurrently or otherwise, if we have reasonable grounds for believing that your usage breaches these Terms of Use.

5.3. All BritBox Content is subject to change. In particular, we do not guarantee that any particular piece of BritBox Content will be available on the BritBox Service.

5.4. We will make reasonable efforts to keep the BritBox Service operational at all times, however we cannot guarantee that your use of the BritBox Service will be uninterrupted or error-free. From time to time we may temporarily suspend or remove the BritBox Service for technical, maintenance or operational reasons.

5.5. Your password is confidential to you and you are responsible for keeping it secure. If you know or suspect your password has been compromised you must change your password as soon as possible using the functionality provided within the BritBox Service. We will never ask you for your password in an email or when calling you by telephone. We will never invite you to log in to your account through a link in any email communication you receive from us. If we believe there has been, or there may be, a breach of security we may suspend accounts and/or require that passwords be changed.

6. Parental controls

6.1. Some of the BritBox Content available via the BritBox Service will have a G symbol with Guidance information. We provide this information to allow you to make an informed choice about whether you wish to view the BritBox Content or allow your children to view the BritBox Content.

6.2. Content with the G symbol and accompanying Guidance may have been first shown on television after the 9pm watershed, and/or it may contain some language, violence, sexual scenes, nudity, adult humour or other material that you may not wish your child to watch, and/or it may include flashing images or lights that can be a concern for people with photosensitive epilepsy.

6.3. If you wish to restrict access to such BritBox Content you may do so by making use of our PIN access control facility although we do not guarantee that the PIN access control facility will always be available across all platforms. If you are under 18 you should not view any such BritBox Content unless you have permission from your parent or guardian who has registered to use the BritBox Service.

7. Security Technology

7.1. We use security and digital rights management technology for the BritBox Service to protect the material and content made available on the BritBox Service. You must not penetrate, remove or otherwise alter or interfere with any security measures used in connection with the BritBox Service, or attempt to do any of those things or assist any other person in doing or attempting to do any of those things. We reserve the right to terminate or suspend your BritBox subscription if we suspect or discover that you have done so.

8. Geoblocking

8.1. The BritBox Service uses “geo-blocking” measures to prevent you from accessing the services from outside the Territory. This is necessary for us to comply with the terms of our content licences. You agree not to attempt to access, and not to attempt to circumvent the geo-blocking measures to access, the BritBox Service from outside the Territory.

9. General restrictions

9.1. You agree that you will comply with our reasonable instructions regarding your use of the BritBox Service. You agree that you will not (and you will not allow any other person to) use the BritBox Service for any purpose which is commercial, unlawful or otherwise improper. In particular, except as expressly permitted by these Terms of Use or otherwise by us, you will not by any means as a result of or in connection with your use of the BritBox Service:

9.1.1. share your login with anyone else; 9.1.2. stream Britbox Content concurrently on more than five (5) devices per account; 9.1.3. cremove, alter, bypass, avoid, interfere with or circumvent the digital rights management software or geo-blocking software; 9.1.4. copy, download (unless we have made such download functionality available on the BritBox Service), lend, hire, broadcast, stream, capture, reproduce, archive, share, distribute, modify, translate, display,transmit or make the BritBox Content available to the public; 9.1.5. remove or alter any copyright or other proprietary notice from the BritBox Service or from any BritBox Content; 9.1.6. extract any data or metadata from the BritBox Service or any BritBox Content nor create any index or database incorporating any BritBox Content or any part of it; 9.1.7. block, disable, obscure or impair any promotional material, sponsorship or advertising on the BritBox Service or associated with any BritBox Content; 9.1.8. capture or store any personal information relating to other users of the BritBox Service; 9.1.9. incorporate the BritBox Service into another service or website or make it available via frames; 9.1.10.reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sub-license, make copies, create derivative works from, distribute or provide others with the BritBox Service or any BritBox Content; 9.1.11. create any works or materials derived from or based on any BritBox Content or the BritBox Service; 9.1.12. use the BritBox Service in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person; or 9.1.13. do anything that may cause damage to the BritBox Service or our servers, systems or equipment or those of third parties, nor access or attempt to access any user’s data or to penetrate or attempt to penetrate any applicable security measures.

9.2. You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your use of the BritBox Service in breach of these Terms of Use or from your violation of any applicable law or regulation.

9.3. You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make.

9.4. We reserve the right to suspend, restrict or terminate your access to the BritBox Service at any time at our sole discretion. We may also suspend or terminate your subscription if you do not comply with these Terms of Use.

10. Trademarks and copyright

10.1. All intellectual property rights in the BritBox Service and all BritBox Content and any other content made available via the BritBox Service shall remain at all times the property of BritBox or BritBox’s licensors. The names, images and logos identifying us, other companies in the ITV group, our partners or third parties and our/their products and services contained within the BritBox Service are proprietary marks and may not be reproduced or otherwise used without our express permission (and where relevant the express permission of the relevant third party). Nothing in these Terms of Use shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright of BritBox or of any third party. You do not acquire any ownership right in any BritBox Content by accessing the BritBox Content on the BritBox Service.

11. Third party sites

11.1. The BritBox Service may contain links (whether by way of an advertisement or otherwise) to other third party sites and services. Such links are provided for your ease of reference and convenience only. We have no control over those third party sites or services and are not responsible for their contents. We do not endorse the material contained in any third party’s sites or services and have no association with their operators. You agree that we will not be a party to any transaction or contract with a third party that you may enter into and we will not be liable to you for any loss or damage which you may suffer by using those third party sites and services. You agree that you will not involve us in any dispute you may have with such third party sites and services.

12. Limitation of Liability

12.1. All services are provided on an ‘as is’ and ‘as available’ basis. We cannot promise that the BritBox Service will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the feature and functionality of the BritBox Service will work on all devices. We make no guarantee that all or any features of the BritBox Service will work on any particular device. Whilst we do take reasonable precautions to prevent the occurrence of computer viruses and/or other malicious programmes, we do not guarantee that they will not be present.

12.2. We will not be responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the BritBox Service, including where the damage or loss results from our breach of these Terms of Use.

12.3. The BritBox Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms of Use we will not be liable to you or to any other person in the event that all or part of the BritBox Service is unavailable, discontinued, modified or changed in any way.

12.4. We do not accept any liability for:

12.4.1. any damage or loss caused to you where you are not entering into these Terms of Use as a consumer;

12.4.2. any failure, any suspension and/or any termination of access to the BritBox Service or any BritBox Content in connection with or arising out of a force majeure event. In these Terms of Use, a “force majeure” event shall include, without limitation, strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civi commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents; and/or

12.4.3. any claims brought against you by a third party except as stated in these Terms of Use.

12.5. Nothing in these Terms and Conditions will:

12.5.1. restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau); or

12.5.2. limit our liability for death or personal injury resulting from our negligence or for fraud.

13. Third party platform operators

13.1. These Terms of Use do not govern your relationship with Apple. You should check Apple’s websites for details of the terms and conditions governing your relationship with Apple. Your use of the BritBox Service may also be subject to Apple’s usage rules.

14. Other important terms

14.1. BritBox may from time to time issue voucher codes which can be redeemed during your registration in return for special offers. BritBox voucher codes can only be redeemed on a one per person basis via www.britbox.co.uk. Each voucher code will have its own terms and conditions attached, which may include restricting use to a particular group of people, and those terms and conditions will apply along with these Terms of Use. When you use a voucher code to access the BritBox Service you will also be required to create a BritBox account and provide a valid payment method. We may use your personal data to validate your entitlement to any voucher code you use, and we may withdraw the benefit of any voucher code if you do not meet the applicable terms and conditions.

14.2. Voucher codes cannot be combined, re-sold, transferred for value, redeemed for cash, used to purchase other voucher codes or used in a manner otherwise prohibited by our Terms of Use. We are not responsible if any voucher code is lost, stolen or used without your permission. We do not guarantee that voucher codes will always be effective and we may withdraw any voucher code at any time without liability to you, subject always to your statutory rights as a consumer. We reserve the right to change these terms and conditions from time to time at our discretion.

14.3. Please note that we may update and amend these Terms of Use from time to time. By proceeding to use the BritBox Service you agree to be bound by any changes to these Terms of Use. However, it is your responsibility to ensure you review these Terms of Use regularly at www.britbox.co.uk/terms to familiarise yourself with any changes.

15. Other important terms

15.1. If any provision of these Terms of Use shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms of Use which shall remain in full force and effect.

15.2. These Terms of Use are available in English only and shall be governed by and construed in accordance with the laws of England (or the laws of Scotland or Northern Ireland if you are domiciled there). Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland. Apple and its subsidiaries may also enforce any of these Terms and Conditions against you.

15.3. Please note that we may update and amend these Terms of Use from time to time. By proceeding to use the BritBox Service you agree to be bound by any changes to these Terms of Use. However, it is your responsibility to ensure you review these Terms of Use regularly at www.britbox.co.uk/terms to familiarise yourself with any changes.

15.4. The BritBox word and figurative marks are trade marks of Denipurna Limited and are used under licence.

16. Regulations

16.1. Ofcom regulates the editorial content of on-demand programme services. You can find further information about Ofcom at https://www.ofcom.org.uk/tv-radio-and-on-demand. You can write to Ofcom at Riverside House, 2a Southwark Bridge Road, London SE1 9HA or you can telephone them on 0300 123 3333 or 020 7981 3040.

17. Contact Us

17.1. If you have any questions, queries or complaints or need help using the BritBox Service then you can email us at help@britbox.co.uk BritBox SVOD Limited is a company registered in England & Wales with its registered office at 2 Waterhouse Square, Holborn, London EC1N 2AE Company No. 11801341. VAT Registration: GB 197 0041 67