Virgin Media Connect app and Smart Security

Virgin Media Connect App Terms of Service EULA

This End User Licence Agreement governs your use of the Virgin Media Connect App. The Virgin Media Connect App has various features including:

1.enabling you to control and monitor your in-home WiFi connectivity; and
2.if you are eligible, providing you with the option to access, manage and review our Smart Security add-on feature (“Smart Security”). Additional feature specific terms of use apply to the Smart Security service.

Aside from the Smart Security add-on, the Virgin Media Connect App is a supplementary service as defined in our standard terms and conditions for: (a) Virgin Media Television, Virgin Broadband and Virgin Phone Service (if you are a Virgin Media broadband customer); and (b) Oomph (if you are an Oomph customer);, (as applicable, the “Virgin Media Standard Terms” available here).

If you are eligible and have chosen to activate the Smart Security add-on feature, the additional terms for Smart Security will also apply to that specific feature (available here). In the event the Smart Security terms contradict this End User Licence Agreement, the Smart Security terms prevail in respect of the provision of the Smart Security service feature.

The Virgin Media Standard Terms shall also apply to the Virgin Media Connect App service. These terms and conditions will form part of your Virgin Media customer contract once an eligible request for you to log on to the Virgin Media Connect App has been accepted by us. In addition to the Virgin Media Standard Terms, these terms and conditions set out the End User Licence Agreement for the Virgin Media Connect sharing application (the “Virgin Media Connect App”). In the event these terms and conditions contradict the Virgin Media Standard Terms, these terms and conditions prevail in respect of the provision of the Virgin Media Connect App service.

Please read these Terms of Service (the “Terms”) and our Privacy Policy at virginmedia.com/legal/privacy-policy carefully because they govern your access to and use of the Virgin Media Connect service, including an application component thereof that enables you to configure, access and use the various features of the Virgin Media Connect service which are collectively called the “Services”. As a Virgin Media customer, we hold some of your details. Don’t worry, they’re safe and sound, but so you’re clear on the data we hold and how we use it, please read our Privacy Policy virginmedia.com/legal/privacy-policy..

Agreement to Terms

Virgin Media is willing to allow you to access and use the Services only upon the condition that you agree to be bound by the Terms. To indicate that you agree to be bound by these Terms, click on “Accept” or “I Agree” or on a similar prompt that is displayed. If you do not indicate your agreement to accept these terms and conditions, you will not be able to complete the sign-up process and will not be able to use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity. Upon your acceptance of these Terms the Services will work automatically and you will be deemed a “Subscriber”.

Changes to Terms or Services

The Virgin Media App and the Services are variable in nature and from time to time we may upgrade, update, replace or withdraw the Virgin Media Connect App, the Terms and/or the Services. Updates to the App may be issued through the applicable Appstore. You shall ensure that your devices meet and continue to meet any applicable operating system requirements. Depending on the update, you may not be able to use the App or Services until you have downloaded the latest version of the operating system and accepted any new terms. Where an operating system or device is outdated, we may be unable to provide the Services to you and you will not have a right to cancel your agreement for your core services as a result of such a change. We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Virgin Media website, or through other communications, such as sending a message to you via the Connect App or through the applicable Appstore. If you set your mobile device not to receive messages, if we modify the Terms we will temporarily override your setting to enable you to receive our message and, once we confirm that you have received our message, we will restore your original setting. It’s important that you review the modified Terms because if you continue to use the Services after we’ve let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms then you may no longer use the Services.

Who May Use the Services

Eligibility

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Virgin Media and are not barred from using the Services under applicable law.

The Smart Security optional add-on is provided on a trial only basis to a limited number of Virgin Media broadband customers who have a Hub 5. Participation in the trial is on an invite only basis.

Description of Services

The features of the Services include:

• enabling you to control and monitor your in-home WiFi connectivity;
• if you are eligible, providing you with the option to access, manage and review our Smart Security service.

If the Virgin Media Connect App was not pre-installed on your device, you can download it from an app store or distribution platform such as Google Play (Android) or App Store (iOS). In either case, the Virgin Media Connect App will be activated when you accept these Terms in accordance with the provision “Agreement to Terms” above.

Privacy Policy As a Virgin Media customer, we hold some of your details. Don’t worry, they’re safe and sound. Please read our Privacy Policy (www.virginmedia.com/legal/privacy-policy ) for information on how we collect, use and disclose information from Virgin Media Connect App users.

Rights and Terms for Connect App

Subject to your compliance with these Terms, Virgin Media grants you a limited non-exclusive, non-transferable, license to download and install a copy of the Connect App on a device that you own or control and to run such copy of the Virgin Media Connect App solely for your own personal and non-commercial purposes. Virgin Media reserves all rights in and to the Virgin Media Connect App not expressly granted to you under these Terms. You may not: (i) copy, modify, or create derivative works based on the Virgin Media Connect App; (ii) distribute, transfer, sublicense, lease, lend, or rent the Virgin Media Connect App to any third party; (iii) reverse engineer, decompile, or disassemble the Virgin Media Connect App; or (iv) make the Virgin Media Connect App available to multiple users through any means.

General Prohibitions

You agree not to do any of the following:

1. Post any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity, or privacy; (ii) violates, or encourages, any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
2. Use, display, mirror, or frame any element of the Services, our name, any of our trademarks, logos, service marks (including but not limited to “Virgin Media”, the “Virgin Media” logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
3. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Services;
4. Attempt to access or search the Services (including, but not limited to, unauthorized access to user names, passwords, email addresses, and other personally-identifying information) through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by us or other generally-available third party web browsers;
5. Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
6. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or attempt to determine any portion of the source code or any trade secrets with respect to the Services, or prepare any derivative works of the Services;
7. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
8. Impersonate or misrepresent your affiliation with any person or entity;
9. Violate any applicable law or regulation; or
10. Encourage or enable any other individual to do any of the foregoing. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Services, but have the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Copyright Policy

We respect copyright law and expect our users to do the same. It is our policy to terminate in appropriate circumstances account holders or subscribers who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We reserve the right, at our sole discretion, to modify, terminate or discontinue the Services or your access to and use of the Services, at any time. We will notify you of changes to the Services in accordance with the Virgin Media Standard Terms. You may cancel the Services at any time by: (i) uninstalling the Virgin Media Connect App from your mobile device; or (ii) disabling the Virgin Media Connect App through the “Settings” feature of your mobile device. If you cancel the Services and have paid fees to any such carrier, operator or other provider for the Services, or fees are payable for the Services, your entitlement to a refund of such fees and your obligation with respect to any such fees that are payable will be determined solely by the terms of your agreement with the carrier, operator or other provider, as applicable, and Virgin Media will have no responsibility or liability of any kind related thereto. Upon any termination or discontinuation of the Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS,” BASIS. EXCEPT AS REQUIRED BY LAW, WE MAKE NO WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Without limiting the foregoing, Virgin Media makes no warranty regarding the uptime, availability or reliability of the Services.

Indemnity

You will indemnify and hold harmless Virgin Media and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach or violation of these Terms; or (ii) any alleged or actual breach or violation of any agreements, terms of service, policies or rights of any third party.

Limitation of Liability

NEITHER VIRGIN MEDIA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED £10,000 IN TOTAL FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS. . THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS. NOTHING IN THESE TERMS 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 THE LAWS OF ENGLAND OR WALES.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of England and Wales.

Agreement to Arbitrate

You and Virgin Media agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”).

General Terms

These Terms (together with the relevant Virgin Media Standard Terms and, if eligible and you have chosen to add the Smart Security add-on, the Smart Security terms) constitute the entire and exclusive understanding and agreement between Virgin Media and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Virgin Media and you regarding the Services. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Virgin Media’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Virgin Media may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. Any notices or other communications provided by Virgin Media under these Terms, including those regarding modifications to these Terms, will be given: (i) in accordance with the Virgin Media Standard Terms; (ii) by posting to the Virgin Media Site; or (iii) by a message sent by Virgin Media to you via the Connect App. Virgin Media’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Virgin Media. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Virgin Media Smart Security Terms and Conditions

Virgin Media’s Smart Security service (the “Service”) is an add-on as defined in the terms and conditions of your residential customer service agreement for Virgin Media Television, Virgin Broadband and Virgin Phone Services (the “Virgin Media Standard Terms”). The Virgin Media Standard Terms and the Virgin Media Connect App Terms of Service shall also apply to the Service, including (but not limited to) prohibitions and restrictions on use (see www.virginmedia.com/legal). In addition to those terms, these terms and conditions set out the agreement between you (“you”) and Virgin Media Limited (“Virgin Media” or “our”/”us”/”we”) for the Service (the “Terms”). In the event these Terms contradict either the Virgin Media Standard Terms or the Virgin Media Connect App Terms of Service, these Terms prevail in respect of the provision of the Service. These Terms will form part of your Virgin Media customer contract only once an eligible request for you to activate the Service has been accepted by us, and only whilst you are actively using the Service.

About the Service

1. The Service is provided on a trial only basis to a limited number of Virgin Media broadband customers who have a Hub 5. Participation in the trial is on an invite only basis and the Service is provided at no extra cost. We reserve the right to change, suspend or withdraw the Service at any time. If we do so, this will not provide you with a right to cancel your agreement for your core services.
2. If you are eligible to receive the Service, we may invite you to choose to add the service via the Virgin Media Connect App. The Virgin Media Connect App allows you to access, manage and review the Service. You must be logged into to the Connect App with your applicable Virgin Media username and password to do so. You may switch off the Service at any time via the Virgin Media Connect App.
3. The Service is designed to help protect devices connected to your in-home WiFi network, including IoT devices, from various known external cyber-attacks or accessing internet servers or services that may be harmful to the device or the user of the in-home WiFi network. The Service notifies the user of threats to your in-home WiFi network and website threats that have been blocked whilst browsing.
4. The Service does not protect devices if they are not connected to your in-home WiFi network. If you require protection for use of your devices connected outside of your in-home WiFi network, you acknowledge that additional security measures are needed.
5. The Service is for your own domestic and personal use only. You agree not to use the Service for any commercial or business purposes.
6. The Service is variable in nature and from time to time we may upgrade, update, replace or withdraw the Virgin Media Connect App, these Terms and/or the Service. Updates to the Virgin Media Connect App, these Terms and/or the Service may be issued through the applicable Appstore. You shall ensure that your devices meet and continue to meet any applicable operating system requirements. Depending on the update, you may not be able to use the Virgin Media Connect App or Service until you have downloaded the latest version of the operating system and accepted any new terms. Where an operating system or device is outdated, we may be unable to provide the Service to you and you will not have a right to cancel your agreement for your core services as a result of such a change. We may modify the Terms at any time for legal, regulatory, operational or business reasons, or to make the Terms clearer or easier to understand. If we do so, we’ll let you know either by posting the modified Terms on the Virgin Media website, or through other communications, such as sending a message to you via the Virgin Media Connect App or through the applicable Appstore. If you set your mobile device not to receive messages, if we modify the Terms we will temporarily override your setting to enable you to receive our message and, once we confirm that you have received our message, we will restore your original setting. It’s important that you review the modified Terms because if you continue to use the Service after we’ve let you know that the Terms have been modified, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms then you may no longer use the Service. You may switch off the Service at any time via the Virgin Media Connect App. Changes to these Terms will not provide you with a right to cancel your agreement for your core services.

Limitation of Liability

7. You are responsible for the way the Service is used. 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.
8. The Service can help detect and filter out known or suspected suspicious activity whilst you are connected to your in-home WiFi network, but nothing can prevent all cybercrime or identity theft.
9. The Service 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, fitness for purpose, content, up-time or availability of the Service. We do not warrant or guarantee that your use of the Service will be error-free, uninterrupted, available at all times, or that it will protect against all possible security threats. We do not guarantee that the Service will be compatible with your equipment or any software that you may use.
10. These Terms will not affect any rights which you may have as a consumer under any applicable law which we cannot exclude or limit by agreement with you. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentations we make.
11. Except as set out in clause 10 above, we will not be liable to you for any:

• a) loss or damage that you or the user could have avoided or reduced by being careful or taking reasonable steps. This includes, but is not limited to, instances where a threat is detected by the Service and the user chooses to proceed regardless;
• b) loss or damage which is connected to unauthorised use or misuse of the Service;
• c) loss or damage caused by you or a user breaking these Terms;
• d) loss or damage which is not a reasonably foreseeable consequence of Virgin Media’s negligence or breach of these Terms. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen (e.g., if you and we discussed it);
• e) business loss (including loss of profits, business, revenue, opportunities, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable;
• f) loss of income;
• g) loss or damage caused by cyber-attacks, unless we have failed to provide the Service with reasonable skill and care;
• h) loss of use of the Service;
• i) loss of, corruption of or release of data, information, or software, unless we have failed to provide the Service with reasonable skill and care; or
• j) loss or damage caused by matters beyond our reasonable control or not due to our fault.

12. Except as set out in clause 10 above, our liability to you arising out of or in connection with these Terms or from the use or inability to use the Service is limited to a maximum of £10,000 in total for any one event or series of connected events.
13. If any part of these Terms cannot be enforced, the rest of these Terms will still apply.