Virgin Media’s mobile website (the “Site”) and Virgin Media branded apps (“Virgin Media Apps”) are provided to you by Virgin Media Limited, Media House, Bartley Wood Business Park, Hook, Hampshire, RG27 9UP. In this legal stuff, when we say “Virgin Media", “we”, “our” and “us” we mean Virgin Media Limited.
1. Your use of our Site and Virgin Media Apps:
(i) By accessing and using our Site and Virgin Media Apps you agree to be bound by this legal stuff. If you do not agree to be bound by all the terms contained in this legal stuff, then please do not access, use and/or contribute to the Site and/or Virgin Media Apps. Please note that this legal stuff incorporates the Virgin Media Group privacy policy. You can view this at www.virginmedia.com. The Virgin Media Group privacy policy contains important information about the use of your personal data and other information regarding your privacy.
(ii) The Site and Virgin Media Apps are only intended to be accessed from the United Kingdom. We do not represent that the content is appropriate or available for access and/or use from other territories where the content may be illegal or prohibited. If you access the Site and/or Virgin Media Apps outside the United Kingdom you are responsible for ensuring that you comply with local laws.
(iii) Whilst we try to ensure that all content on the Site or contained in Virgin Media Apps is correct at the time of publication, we cannot accept any responsibility for any errors, omissions, inaccuracies, suitability, quality or fitness for purpose. We will use our reasonable endeavours to keep the Site and Virgin Media Apps free from viruses (or anything else which may damage your mobile phone or information) although we do not guarantee this. Your use of the Site and Virgin Media Apps is at your own risk.
(iv) You understand that the Site and Virgin Media Apps may include content that you may consider offensive or otherwise objectionable. Although we will attempt to make the nature of such content clear where suppliers of the content provide us with this information, you agree that we shall have no liability to you for such content.
2. Charges:
When you browse the Site and certain Virgin Media Apps you will be charged by your mobile operator for the data that you use. If you don’t know what these charges are, we recommend that you contact your mobile operator for details. You may find content on the Site and Virgin Media Apps which you can download, stream or subscribe to, for example music, videos, games, ringtones and SMS alerts (referred to collectively as “Chargeable Content”). You will be told how much items cost before you decide to buy. Clause 9 below headed ‘Chargeable Content’ tells you more.
3. Availability of the Site and Virgin Media Apps:
We will use reasonable efforts to make the Site and Virgin Media Apps available at all times, however, access may occasionally be restricted to allow repairs, maintenance or the introduction or removal of services and content. We may also suspend, change, or withdraw the Site and/or Virgin Media Apps and/or any content on the Site or Virgin Media Apps for any reason and at any time, without notice.
4. No stealing:
The content on the Site and Virgin Media Apps (including the Chargeable Content) constitutes valuable intellectual property and you acknowledge that, to the fullest extent possible, it is protected by copyright, design rights, trademark and any other applicable intellectual property right. The intellectual property belongs to Virgin Media, its group companies or its licensors. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use content in anyway except for your own personal, non-commercial use.
5. Don’t damage our property:
You must not:
(i) use the Site or Virgin Media Apps to transmit any material which breaches any intellectual property right or which contains viruses; or
(ii) disrupt or damage the Site, any Virgin Media Apps, any other service or website; or
(iii) circumvent the time-out function to help you stay connected when you’re using the Site or Virgin Media Apps; or
(iv) circumvent any security or any other safeguards on the Site or Virgin Media Apps.
6. Links to other sites:
The Site and Virgin Media Apps may provide links to other mobile websites and services either directly or through advertising banners. We do not control the third party websites or services and are not responsible for their contents. By including the links to such other mobile websites and services this does not imply any endorsement of the material contained on the websites or the services or necessarily any association with their operators. You acknowledge that we will not be a party to any transaction or contract that you may enter into from a link from the Site or from the Virgin Media Apps and we will not be liable to you in respect of any loss or damage which you may suffer by using those websites and services. You agree that you will not involve us in any dispute between you and a third party.
7. Exclusions:
We exclude all liability to you in any way for:
(i) any losses where we are not at fault; or
(ii) any loss of income, business or profits; or
(iii) any corruption of data in connection with your use of the Site or any Virgin Media Apps; or
(iv) any losses or damages which were not reasonably foreseeable when you accessed the Site and/or Virgin Media Apps.
8. Limited Liability:
We are only liable to you as set out in this legal stuff. We will pay for any damage or losses if we are liable to you for something we or anyone working for us does or does not do. However, our obligation to pay damages or losses is limited to £1,000. Nothing in this legal stuff removes or limits our liability for death or personal injury caused by our negligence, or for any fraudulent mis-representations we make.
9. Chargeable Content:
The Site and certain Virgin Media Apps allow you to download and/or stream Chargeable Content and also to subscribe to certain Chargeable Content. You are responsible for providing a compatible mobile phone to do so. You should not purchase Chargeable Content where you know it is not compatible with your mobile phone.
(i) Your use of the Chargeable Content:
Chargeable Content is for personal use and is not transferable unless explicitly stated. You may store downloadable Chargeable Content on you mobile phone and music downloads may also be stored on your PC or Mac. Other than this you must not copy, forward, edit, or modify it unless we say you can. Streamed Chargeable Content cannot be stored on your mobile phone.
(ii) Your permission:
By ordering Chargeable Content, you confirm that you are the bill payer for the mobile phone or that you have permission from the bill payer to buy the Chargeable Content.
(iii) Prices:
Prices are inclusive of any VAT payable unless otherwise stated.
(iv) Data Charges:
Virgin Media mobile customers won’t be charged for data used for downloading or streaming Chargeable Content within the UK – the price you pay for the Chargeable Content is the only charge, however if you download or stream Chargeable Content whilst roaming, you will be charged applicable data rates. Customers from other networks may be charged data by their provider in addition to the cost of the Chargeable Content; please check with your network provider.
(v) Payment:
The cost of the Chargeable Content (including monthly music subscriptions) and the cost of any Virgin Media Player passes (as explained below) will either be added to your bill or taken from your airtime credit.
(vi) No cancellation:
For downloads and streamed Chargeable Content, you are not able to cancel your purchase after you have confirmed payment. Chargeable Content may not be returned for any reason unless it is defective. There are specific terms applying to music subscription - see (viii) below.
(vii) Virgin Media Player:
(a) What is it? – Virgin Media Player is a Video On Demand service that lets you stream TV shows to your mobile. It’s available to customers on Virgin Media mobile and other networks.
(b) Time-based passes – we don’t charge for watching Virgin Media Player in the same way as buying other Chargeable Content, instead you can choose from a range of time-based passes that will give you access to shows for the duration of the pass. You can watch any shows you want for the duration of your pass and flit between shows in the same way as you do when watching TV. Note that passes have an expiry limit, regardless of whether you have used up the minutes. This will be clearly stated when you purchase the pass.
(c) Do you have to pay for data? - Virgin Media mobile customers won’t be charged for data whilst watching shows on Virgin Media Player – the cost of the pass is the only charge. Customers from other networks may be charged data by their provider in addition to the cost of the pass; please check with your network provider.
(d) Roaming – due to content rights and restrictions you can’t watch Virgin Media Player outside the UK.
(e) Mobile Phone requirements - you will need a compatible 3G phone with 3G access to watch Virgin Media Player.
(viii) Music Subscription:
(a) What is it? it is a subscription to a monthly bundle of music downloads (a “bundle”).
(b) How music subscription works: we will provision you with a music bundle shortly after your request has been processed. Once your first bundle has been provisioned we will notify you by text message and will then automatically renew your bundle on the same date in each subsequent month. A bundle lasts for one month, even if you use it all sooner.
(c) Termination: You may notify us that you don’t want to receive a bundle or wish to change a bundle at any time up to 48 hours before it is due to be renewed by texting STOP to 78870 from the mobile number subscribed to the service. You may also cancel your first bundle and get a refund for your first bundle within 7 working days of first buying it by calling us, provided you have not used it at all.
(d) No roll over: Any unused music allowance in your bundle remaining at the end of your month will be lost and will not roll over to the following month.
(e) Payment:- If you Pay Monthly or Pay by Direct Debit the price of your bundle will be added to your monthly bill on the first purchase and each renewal date. If you Pay As You Go the price of your bundle will be deducted from your airtime balance on the first purchase and each renewal date. If we are unable to add it to your bill or collect payment for any renewed or changed bundle on your bundle renewal date, we will attempt to add it to your bill or collect payment (as applicable) for up to seven days. If we are still unable to invoice you or collect payment (as applicable) your bundle will be cancelled and you will not be provisioned with the music allowance.
(f) General: You may only have one music bundle per mobile number at any time. A bundle is non-transferable and cannot be exchanged for cash. If you or the mobile number to which a bundle is applied is suspended or disconnected or if you cancel or we are unable to take payment for a bundle you will immediately lose the benefit of your bundle. In such situations no refund of any unused elements of your bundle is available but this does not affect your legal rights as a consumer. Buying or using a bundle does not count towards any Virgin Media mobile upgrade credit you may earn with us. We reserve the right to change or withdraw the music subscription service at any time. If we do, we will give you as much notice as we reasonably can.
(g) Do you have to pay for data: Virgin Media mobile customers won’t be charged for data used for downloading music downloads within the UK – the price you pay for the bundle is the only charge. Customers from other networks may be charged data by their provider in addition to the cost of the bundle; please check with your network provider.
(h) Roaming: if you download music from your month’s bundle whilst roaming, you will be charged data at applicable roaming rates.
(ix) SMS alerts:
(a) Requirements -You must be on the Virgin Media mobile network to receive SMS alerts and be in credit if you Pay As You Go. Your phone must be switched on. If you do not have sufficient credit on your Pay As You Go phone and the alert cannot be delivered for more than 2 months in a row your subscription will be cancelled.
(b) How much does it cost? - You will be told the cost to you for each SMS alert and how many messages you are likely to receive depending on the service you take out. Administrative service messages are free.
(c) How do you stop the SMS alerts? - You can unsubscribe at any time free of charge at ‘My Txt Alerts’ on the Site or by texting STOP followed by your service keyword to 66044. You can unsubscribe from all services at once by texting STOP to 66044. Every month you will be reminded of the services you are subscribed to via free text. The reminder will contain the average number of messages for a particular service and instructions on how to opt-out.
(d) We reserve the right to change or withdraw the SMS alerts service at any time. If we do, we will give you as much notice as we reasonably can.
(x) Defective Chargeable Content:
We may replace Chargeable Content if it is corrupted or hasn’t been delivered. We are not liable to you if for any reason your phone malfunctions as a result of receiving Chargeable Content. If after resending, there is still a problem, we may offer alternative Chargeable Content or a refund.
10. Severability:
If a clause or condition of this legal stuff is found to not be legally effective, the remainder of the terms of the legal stuff shall still be effective. We can replace any clause that is not legally effective with a clause of similar meaning that is lawful and effective.
11. Enforcement:
Failure by either you or us to enforce any rights under this legal stuff shall not prevent either you or us in taking further action.
12. Changes to this legal stuff:
We reserve the right to amend this legal stuff. Any changes will be posted on the Site. We won’t provide you with notice of the changes so you need to look at the legal stuff when you access the Site. By continuing to use the Site after changes are posted you will be deemed to have accepted the amended legal stuff.
13. Your statutory rights:
If you are a consumer, this legal stuff will not affect any rights you have under any statute which cannot be excluded by this legal stuff. For more information on the rights you have under statute contact your Local Authority Trading Standards Department or Citizens Advice Bureau.
14. Law:
This legal stuff is to be interpreted in accordance with the laws of England and each of us agrees to only bring legal actions about this legal stuff in a UK Court.