VIRGIN MEDIA APP LAB - CUSTOMER TRIAL

Trial Participant’s Agreement

Virgin Media (hereafter “Virgin Media”, “VM”, “us”, “we”, “our”) is running a trial of our new Virgin Media App Lab (the “VM App Lab”) (the “Trial”). The purpose of the Trial is to identify and validate mobile app features that drive engagement.

This Agreement governs your participation in the Trial. Only a selected number of Customers will be chosen to participate in the Trial. In consideration of Virgin Media providing you with the VM App Lab on a Trial basis, you agree to the terms of this Agreement. You also agree and warrant the following; that all the information you submitted in the Trial recruitment survey and application process is accurate and complete, that you have disclosed to us any employment or relationships that might affect your eligibility, and that you will inform us immediately if you no longer meet the eligibility requirements set out in clause 2.

For the purpose of the VM App Lab, Customers will only be able to see a limited amount of data regarding their account information. This means that if a Participant has multiple Virgin Media products or services, only some of them will be displayed in the VM App Lab. If Customers wish to view their complete account information, they must access their account through the traditional Virgin Media channels.

If you have any questions about your eligibility, the Trial, or this Agreement, please contact the VM App Lab team at applab@earlybird.virginmedia.com . Any problems with the VM App Lab should be notified to this address for resolution rather than to our normal customer care channels.

1. Duration

The Customer Trial will commence from 19 December 2022. Customers who would like to participate in the Trial will be required to sign up using their Virgin Media email account on the VM App Lab landing page Successful Customers will receive a follow up email confirming selection to join the VM App Lab. This will be a limited trial and not every submission will result in an acceptance as per clause 2.3.

There will be 4 phases to the Trial, customers may sign up during any of the following qualifying Trial periods (each a “Qualifying Period”):

(i) 19 December 2022 until 16 January 2023

(ii) 23 January 2023 until 20 February 2023

(iii) 23 February 2023 until 22 March 2023

(iv) 23 March 2023 until 19 April 2023

Each Qualifying Period for the Trial is expected to last 4 weeks; however, this will depend on operational requirements. Where possible we will give you notice of the exact end date before the Trial ends.

After completion of the 4-week Trial, Customers who participated in the Trial and successfully completed all 4 App Lab Cards will be entered into a prize draw to win one of 10 x £250 Edenred vouchers. The prize draw will take place the day after each Qualifying Period ends. Winners will be selected at random and notified by email.

2. Eligibility criteria for participation in the Trial

2.1. For the duration of the Trial you must:

• have a compatible device (Android 6 / iOS 11 or higher); the App will work on a device (iPhone, iPad, Android phone or tablet) where sign in has been completed using My Virgin Media account details.
• be 18 or older, a current Virgin Media Broadband customer, and the primary account holder
• not be, or live with, a journalist or member of the press, or someone who works for one of our competitors (such as Sky, BT, or another broadband or mobile service provider).
• Customers with overdue bills will not be eligible for this Trial

2.2. You must ask a member of our VM App Lab team if you are in any doubt about whether you meet these criteria or whether a relationship falls into one of the categories outlined (e.g., you are not sure if your or your partner’s employer is a competitor of Virgin Media).

2.3 Signing up to the VM App Lab does not guarantee eligibility for participation in this trial. Customers who do not meet the eligibility criteria will not be able to participate. Of those selected to be part of the VM App Lab, only a limited number will participate in this Trial. The rest may be contacted in the future via email to participate in other trials.

3. Your confidentiality undertaking

3.1. You agree that the existence and details of the Trial and the VM App Lab are Virgin Media’s confidential information and you undertake that you will not mention or disclose them to any person or entity (other than with our VM App Lab team). This includes, without limitation, any member of the press or any person who works for a competitor, or on any social networking platform or messenger application. This undertaking continues after the Trial has ended.

4. Your obligations
4.1. Use the VM App Lab: You agree to use the VM App Lab App during the Trial period and to download any App updates without delay. You agree to rate and leave qualitative feedback for each app feature. You agree that we may contact you regularly about the Trial (contact will be primarily by email but we may occasionally need to call you). Customers may opt-out of the VM App Lab by unsubscribing using the link provided in the footer of the VM App Lab emails that are sent regularly. Customers that are part of the VM App Lab and gave marketing consent, but who were not selected for this initial trial, will still be contacted.

4.2. Give us feedback: You agree to participate to the best of your ability in providing feedback for the purposes of assessing the day-to-day usage of the VM App Lab. This includes, without limitation, providing general feedback on performance and interoperability of the VM App Lab; identifying and logging any issues and bugs; completing and returning any questionnaires we provide; and carrying out any additional tests we request.

4.3. We may use your feedback: So that we may freely use all feedback you provide as part of the Trial, including for product development and improvement and in our public marketing and advertising (suitably anonymised), you hereby assign to us all rights (including copyright and performers’ rights) in the feedback you provide during the Trial and waive all moral rights that may arise in it under the Copyright, Designs and Patents Act 1988 and any similar laws worldwide.

5. Use of the VM App Lab and intellectual property

5.1. You agree that you will only use the VM App Lab for the purposes of the Trial and for no other purpose.

5.2 You agree not to copy, share, alter or tamper with any part of the VM App Lab, noraccess its source code, reverse engineer it nor create derivative works based on it or any part of it. If you do not agree to these terms you may not use the VM App Lab nor participate in the Trial.

5.3. We retain all intellectual property rights in the VM App Lab, whether arising before or after the date of this Agreement. To the extent that intellectual property rights are created in connection with the Trial or use of the VM App Lab, such rights shall belong to Virgin Media and to the extent that any vest in you, you hereby assign such rights to Virgin Media and waive all moral and other rights therein.

5.4. We may make the VM App Lab available to you for downloading online through HockeyApp, Test Flight or a similar third-party beta testing service, and/or via such other method as we see fit. Such third party services may have separate terms and conditions and/or licence agreement with the provider, which you must comply with in addition to this Agreement. If you do not agree to the terms on which such third-party services are offered, you may not participate in the Trial.

6. Warranty and liability

6.1. You understand and agree that the VM App Lab is a work in progress and is provided to you “as is” for the purposes of the Trial, without warranty of any kind as to its suitability, quality, fitness for purpose, or any other characteristic.

6.2. To the extent permitted by law, we exclude liability for any direct or indirect loss, damage or injury arising as a result of or in connection with the Trial or your participation in it. Nothing in this Agreement shall exclude or in any way limit our liability for:

i. death or personal injury caused by our negligence;

ii. fraud or fraudulent misrepresentation; or

iii. any other liability which cannot be excluded by law.

7. Termination

7.1. We may terminate the Trial, or your participation in it, at any time, for any reason, and without notice (in particular, if you do not use the VM App Lab, provide feedback and complete tasks as outlined above). You may withdraw at any time by providing written notice to our Trial team at applab@earlybird.virginmedia.com. If you are eligible to receive the credit and withdraw before the Trial period ends, you will no longer be eligible for the £50 bill credit. You agree and acknowledge that your confidentiality undertaking as described in clause 3 above will survive termination of the Trial and this Agreement as an ongoing obligation.

7.2. You agree that when the Trial or your participation in it ceases, you will delete all material that was provided to you in connection with the Trial if reasonably requested by Virgin Media.  Notwithstanding this, on termination or expiry of the Trial, you will continue to receive VM App Lab updates unless you unsubscribe from the VM APP Lab.

8. General

8.1. We will need some basic information from you so that you can register for the Trial. This includes your name, email address, phone number, age range, gender, postcode, and details of your current Virgin Media products. This is to ensure that we send you the right instructions for installing the VM App Lab that you have agreed to trial. We will also ask for your experience through a short survey after the Trial. As part of the Trial, this Agreement and Virgin Media’s Privacy Policy (which you can view on our website) will apply that you must read and agree. We will not use your personal data for any other purposes than the above and for the purpose of administering the Trial. Please note that you are free to continue to use the App after the Trial has ended, and after that date, your App usage may then be analysed.

8.2. This Agreement may not be assigned or transferred by you without our written consent.

8.3. No third party shall have the right to enforce any term of this Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

8.4. This Agreement constitutes the entire agreement between us regarding the Trial, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral, relating to the Trial.

8.5. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

8.6. This Agreement will be governed by the law of England and Wales and the English courts will have exclusive jurisdiction in respect of all disputes connection with it