EULA for My Virgin Media app
Terms and Conditions
END-USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE USING THE APP
This End User Licence Agreement governs your use of this App and connected services. Full legal stuff and terms and conditions regarding your Virgin Media services and relationship with us can be found on our website at virginmedia.com/legal This end-user licence agreement (“EULA”) is a legal agreement between you (“you”) and Virgin Media Limited (“Virgin Media” or “our”/”us”/“we”) for the My Virgin Media App (the “App”). We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any application store or provider from whom you downloaded the App (“Appstore”). We do not sell the App to you and we remain the owners of the App at all times. IMPORTANT NOTICE: By signing in you agree to the terms of this EULA which will bind you. The terms of this EULA include in particular the Privacy Policy referred to in Section A.10 and the limitations on liability in Section D. If you do not agree to the terms of this EULA, we will not licence the App to you and you must stop using the App.
A. Acknowledgements
The terms of this EULA apply to the App, including any updates or supplements to the App or any service accessible through the App, unless they come with separate terms, in which case those terms apply.
From time to time, updates to the App and/or EULA may be issued through the applicable Appstore. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and/or accepted any new terms contained in the updated EULA.
You will need to check that the App is compatible with your device prior to downloading it. We will use our reasonable endeavours to keep the App free from viruses (or anything else which may damage your device or information) although we do not guarantee this. Your use of the App is at your own risk.
We will assume you have obtained permission from the owners of the device that is controlled, but not owned, by you to download the App onto the device. You and they may be charged by service providers for internet access on the device when downloading or accessing the App. You accept responsibility for your use of the App.
Access to the App is not chargeable but if you are using mobile data your network operator’s charges may apply, please check with your network operator for rates.
You will continue to be responsible and liable for any costs associated with your device or any service provider and for any Virgin Media services taken by you and for any other fees or charges you incur in connection with your use of those services.
The App is only intended to be accessed from the United Kingdom. We do not represent that the content on the App is appropriate or available for access and/or use from other territories where the content may be illegal or prohibited. If you access the App outside the United Kingdom you are responsible for ensuring that you comply with local laws.
We may determine in our sole discretion from time to time which iOS and Android devices are compatible with the App. We are not responsible for devices, and we do not warrant their performance, nor that they will be compatible with the App. If you have any issues with a device, you should go directly to the entity who manufactures, sells or operates the device.
We will use reasonable efforts to make the App available at all times, however, access may occasionally be restricted to allow repairs, updates, maintenance or the introduction or removal of services and content. We may also suspend, change, withdraw or cancel the App and/or any content on the App for any reason and at any time, without notice.
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.
Our Terms and Conditions and our Privacy Policy are incorporated into this EULA by reference, and apply to your use of the App. By using the App or any service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand 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.
B. Username and Password
To use the App and its services, you must log in with your applicable Virgin Media username and password to sign in to access the services. Mobile users can access the service by using details from the Mobile SIM card in the device the app is using.
You must not disclose your Virgin Media username and password to any third party in any circumstances and you are responsible for keeping such username and password confidential and secure. You must also not disclose details relating to your Virgin Mobile SIM card (which is used to authenticate and access your Virgin Mobile account details) to any third party in any circumstances. You shall take all reasonable precautions to prevent such username, password and SIM card being used by third parties and you are responsible for any and all activities and costs that occur under such username, password and SIM card.
If you suspect or know that your username, password or SIM card has suffered a breach of security or has become comprised, you must inform Virgin Media immediately. In these situations, it is best practice to ensure that your username and password is changed as soon as possible.
C. Grant and Scope of Licence
We grant you a non-transferable, non-exclusive, limited, revocable, personal non-commercial use licence to use the App anywhere in the UK, only, subject to Appstore availability and the terms of this EULA, our Terms and Conditions, our Privacy Policy and any applicable rules of the Appstore. 2. You may download a copy of the App onto your device, and you may view, use and display the App on your device for your own domestic and personal purposes only. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 3. Except as expressly set out in this EULA or as permitted by law, you agree not to (and not assist any third party to):
a. copy the App;
b. rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the App;
c. make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
d. access the source code of the App, nor disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing to the App, to the extent such activities can be restricted by law;
e. use the App to create any software product that can be used to create software applications of any kind;
f. tamper with the App or circumvent any technology used by Virgin Media or its licensors to protect any content;
g. use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or the Terms and Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, or any operating system;
h. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
i. use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
j. collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any service.
The content on the App constitutes valuable intellectual property and you acknowledge that, to the fullest extent possible, it is protected by copyright, design, trade mark and any other applicable intellectual property right. The intellectual property belongs to us, our group companies or our licensors. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use content on the App in anyway except for your own personal, non-commercial use
You must not use the App to transmit any material which breaches any law or intellectual property right or which contains viruses; or disrupt or damage the App, any other service or website; or circumvent the time-out function to help you stay connected when you're using the App; or circumvent any security or any other safeguards on the App.
You acknowledge that you have no right to have access to the App in source-code form.
The App may provide links to other 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 on the App 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 App 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.
D. Limitation of Liability
The use of the App is at your own risk. The App is provided on an “as is” and “as available” basis. Except as required by law, Virgin Media gives no warranty, express or implied, as to the quality, content, uptime and availability of the App.
You acknowledge that the App has not been developed to meet your individual requirements, and that it is your responsibility to ensure that the facilities and functions of the App meet your requirements.
In no event shall Virgin Media (or its affiliates, directors, employees or licensors) be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption or computer failure) arising from your use of the App or service, or any errors, viruses or bugs contained in the App, even if you have advised us of the possibility of such loss. Your only right or remedy with respect to any problems or dissatisfaction you have with the App is to uninstall it or stop using it.Nothing in this these terms and conditions removes or limits our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentations we make, or any other liability that cannot be excluded or limited by English Law.
You agree to indemnify and hold Virgin Media and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your breach of this EULA or your violation of any laws, regulations or third party rights in relation to your use of the App.
We do not restrict or exclude any legal rights and remedies available to you as a consumer in relation to the App or any services made available by the App. None of these rights and remedies are affected by this EULA. For information on these rights and remedies please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
E. Termination
Your rights under this EULA will terminate automatically without notice from Virgin Media if you fail to comply with any terms and conditions of this EULA.
We may terminate this EULA immediately by written notice to you: (i) if you commit a material or persistent breach of this EULA, which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
On termination for any reason: (i) all rights granted to you under this EULA shall cease; and (ii) you shall immediately cease to use the App and immediately delete all copies of the App from any devices in your possession.
F. General
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
Failure by either you or us to enforce any rights under this EULA shall not prevent either you or us in taking further action
We can replace any section that is not legally effective with a section of similar meaning that is lawful and effective.
From time to time, updates to the App and/or EULA may be issued through the applicable Appstore. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and/or accepted any new terms contained in the updated EULA.
This EULA is governed by and will be construed in accordance with the laws of England and each of us agrees to only bring legal actions about the App and/or this EULA in the courts of England and Wales.
END-USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE USING THE APP
This End User Licence Agreement ("EULA") governs your use of this My Virgin Media App and connected services (the "Services"). Full legal stuff and terms and conditions regarding your Virgin Media services and relationship with us can be found on our website at virginmedia.com/legal The My Virgin Media App is a supplementary service as defined in our terms and conditions for Virgin Media Television, Virgin Broadband and Virgin Phone Services (or, if you are an Oomph customer, our standard Oomph terms and conditions) and in the terms and conditions for Virgin Mobile Services (as applicable to you, your “Virgin Media Standard Terms”) (available here). The Virgin Media Standard Terms shall also apply to the My Virgin Media App. This EULA will form part of your Virgin Media customer contract once an eligible request for your My Virgin Media App login has been accepted by us. In addition to your Virgin Media Standard Terms, this EULA forms the legal agreement between you (“you”) and Virgin Media Limited (“Virgin Media” or “our”/”us”/“we”) for the My Virgin Media App (the “App”). In the event this EULA contradicts the Virgin Media Standard Terms, the terms and conditions of this EULA prevail in respect of the provision of the App. We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by any application store or provider from whom you downloaded the App (“Appstore”). We do not sell the App to you and we remain the owners of the App at all times. IMPORTANT NOTICE: By signing in you agree to the terms of this EULA which will bind you. The terms of this EULA include the limitations on liability in Section D. If you do not agree to the terms of this EULA, we will not licence the App to you and you must stop using the App.
A: Acknowledgements
The terms of this EULA apply to the App, including any updates or supplements to the App or any Services accessible through the App, unless they come with separate terms, in which case those terms apply.
The App and the Services are variable in nature and, from time to time, we may upgrade, update, replace or withdraw the App, EULA and/or the Services. Updates to the App and/or EULA may be issued through the applicable Appstore. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and/or accepted any new terms contained in the updated EULA. Please refer to the Virgin Media Standard Terms and Conditions for more details on our rights to vary and (if applicable) your rights to cancel.
You will need to check that the App is compatible with your device prior to downloading it. We will use our reasonable endeavours to keep the App free from viruses (or anything else which may damage your device or information) although we do not guarantee this. Your use of the App is at your own risk.
We will assume you have obtained permission from the owners of the device that is controlled, but not owned, by you to download the App onto the device. You and they may be charged by service providers for internet access on the device when downloading or accessing the App. You accept responsibility for your use of the App.
Access to the App is not chargeable but if you are using mobile data your network operator’s charges may apply, please check with your network operator for rates.
You will continue to be responsible and liable for any costs associated with your device or any service provider and for any Virgin Media services taken by you and for any other fees or charges you incur in connection with your use of those services.
The App is only intended to be accessed from the United Kingdom. We do not represent that the content on the App is appropriate or available for access and/or use from other territories where the content may be illegal or prohibited. If you access the App outside the United Kingdom you are responsible for ensuring that you comply with local laws.
We may determine in our sole discretion from time to time which iOS and Android devices are compatible with the App. You shall ensure that your devices meet and continue to meet any applicable operating system requirements. We are not responsible for devices, and we do not warrant their performance, nor that they will be compatible with the App. If you have any issues with a device, you should go directly to the entity who manufactures, sells or operates the device. Where an operating system or device is outdated, we may be unable to provide the App and / or the Services to you and you will not have a right to cancel your agreement for your core services a result of such a change.
We will use reasonable efforts to make the App available at all times, however, the App is variable in nature and access may occasionally be restricted to allow repairs, updates, maintenance or the introduction or removal of services and content.
As the App and/or Services are variable in nature and evolving over time, we may need to make changes to or discontinue all or any part of the App and/or Services, or modify this EULA at any time, at our sole discretion. Please refer to the Virgin Media Standard Terms and Conditions for more details on our rights to vary and (if applicable) your rights to cancel.
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy (https://store.virginmedia.com/the-legal-stuff/privacy-policy.html) and it is important that you read that information.
Our Terms and Conditions (https://www.virginmedia.com/legal) are incorporated into this EULA by reference, and apply to your use of the App. By using the App or any Services, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
B: Username and Password
To use the App and its Services, you must log in with your applicable Virgin Media username and password to sign in to access the Services. Mobile users can access the Services by using details from the Mobile SIM card in the device the app is using.
You must not disclose your Virgin Media username and password to any third party in any circumstances and you are responsible for keeping such username and password confidential and secure. You must also not disclose details relating to your Virgin Mobile SIM card (which is used to authenticate and access your Virgin Mobile account details) to any third party in any circumstances. You shall take all reasonable precautions to prevent such username, password and SIM card being used by third parties and you are responsible for any and all activities and costs that occur under such username, password and SIM card.
If you suspect or know that your username, password or SIM card has suffered a breach of security or has become comprised, you must inform Virgin Media immediately. In these situations, it is best practice to ensure that your username and password is changed as soon as possible.
C: Grant and Scope of Licence
We grant you a non-transferable, non-exclusive, limited, revocable, personal non¬commercial use licence to use the App anywhere in the UK, only, subject to Appstore availability and the terms of this EULA, our Terms and Conditions, our Privacy Policy and any applicable rules of the Appstore.
You may download a copy of the App onto your device, and you may view, use and display the App on your device for your own domestic and personal purposes only. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Except as expressly set out in this EULA or as permitted by law, you agree not to (and not assist any third party to):
a. copy the App;
b. rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify the App;
c. make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
d. access the source code of the App, nor disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing to the App, to the extent such activities can be restricted by law;
e. use the App to create any software product that can be used to create software applications of any kind;
f. tamper with the App or circumvent any technology used by Virgin Media or its licensors to protect any content;
g. use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or the Terms and Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, or any operating system;
h. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
i. use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
j. collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any service.
The content on the App constitutes valuable intellectual property and you acknowledge that, to the fullest extent possible, it is protected by copyright, design, trade mark and any other applicable intellectual property right. The intellectual property belongs to us, our group companies or our licensors. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use content on the App in anyway except for your own personal, non-commercial use
You must not use the App to transmit any material which breaches any law or intellectual property right or which contains viruses; or disrupt or damage the App, any other service or website; or circumvent the time-out function to help you stay connected when you're using the App; or circumvent any security or any other safeguards on the App.
You acknowledge that you have no right to have access to the App in source-code form.
The App may provide links to other 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 on the App 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 App 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.
D: Limitation of Liability
The use of the App is at your own risk. The App is provided on an “as is” and “as available” basis. Except as required by law, Virgin Media gives no warranty, express or implied, as to the quality, content, uptime and availability of the App.
You acknowledge that the App has not been developed to meet your individual requirements, and that it is your responsibility to ensure that the facilities and functions of the App meet your requirements.
In no event shall Virgin Media (or its affiliates, directors, employees or licensors) be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption or computer failure) arising from your use of the App or Services, or any errors, viruses or bugs contained in the App, even if you have advised us of the possibility of such loss. Your only right or remedy with respect to any problems or dissatisfaction you have with the App is to uninstall it or stop using it. Nothing in this these terms and conditions removes or limits our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentations we make, or any other liability that cannot be excluded or limited by English Law.
You agree to indemnify and hold Virgin Media and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your breach of this EULA or your violation of any laws, regulations or third party rights in relation to your use of the App.
We do not restrict or exclude any legal rights and remedies available to you as a consumer in relation to the App or any Services made available by the App. None of these rights and remedies are affected by this EULA. For information on these rights and remedies please visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
E. Termination
Your rights under this EULA will terminate automatically without notice from Virgin Media if you fail to comply with any terms and conditions of this EULA.
We may terminate this EULA immediately: (i) if you commit a material or persistent breach of this EULA, which you fail to remedy (if remediable) within 14 days after the service of notice requiring you to do so.
On termination for any reason: (i) all rights granted to you under this EULA shall cease; and (ii) you shall immediately cease to use the App and immediately delete all copies of the App from any devices in your possession.
You may terminate the use of the App at any time by uninstalling the App from your device.
F: General
If we give you any notice that is required under this EULA, we shall give it to you in accordance with our Virgin Media Standard Terms. For the avoidance of doubt, notifications by electronic message may include (but are not limited to) messages within the app store, via a notification within the app or by email where you have provided us with an email address.
We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
Failure by either you or us to enforce any rights under this EULA shall not prevent either you or us in taking further action.
We can replace any section that is not legally effective with a section of similar meaning that is lawful and effective.
From time to time, updates to the App and/or EULA may be issued through the applicable Appstore. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and/or accepted any new terms contained in the updated EULA.
This EULA is governed by and will be construed in accordance with the laws of England and each of us agrees to only bring legal actions about the App and/or this EULA in the courts of England and Wales.