- About these Terms
This document sets out the terms and conditions (the “Terms”) under which Freesat (UK) Limited, a company incorporated in England (registered number 6250097) whose registered office is at 23-24 Newman Street, London W1T 1PJ (“Freesat”, “we”, “our”) provides the Freesat mobile application (the “Freesat App”) to your iOS (iPhone, iPad or iPod Touch), Android (smartphone or tablet) or Fire (tablet) device (“Device”). We license you to use the Freesat App only as permitted in these Terms. By downloading and using the Freesat App from the Apple App Store, Google Play Store or Amazon App Store you agree to be bound by these Terms.
If you wish to contact Freesat about these Terms, please email us at firstname.lastname@example.org or call us on 0345 313 0051.
- Using the Freesat App
In order to use the Freesat App, you must:
- be at least 16 years old;
- have a Device with an operating system that is compatible with the Freesat App;
- have a Wi-Fi connection or a 3G/4G mobile data connection as a minimum; and
- download the Freesat App from the Apple Store, Google Play Store or Amazon App Store (as applicable).
In order to use the Freesat App, there are minimum operating system requirements. Please visit the Freesat App page on the Apple App Store, Google Play Store or Amazon App Store (as applicable) for more information. Some devices may not be supported; the relevant store will confirm whether your device can support the Freesat App or not.
We may determine in our sole discretion from time to time which Devices and operating systems are supported. We are not responsible for the Devices, and we do not warrant their performance, nor that they will be compatible with the Freesat App.
The ways in which you can use the Freesat App may also be controlled by the Apple App Store, Google Play Store or Amazon App Store rules and policies, and such rules and policies (as applicable) will apply instead of these Terms where there are differences between the two.
By using the Freesat App, you may be downloading and uploading data which contributes towards any data limit you may have as part of your mobile phone or internet contract with your provider. Please ensure you check any such limits with your provider. Freesat is not responsible for any charges you may incur from your mobile phone or internet provider for using the Freesat App.
The Freesat App content is provided for non-commercial use in the UK only. You must not, and must not assist any third party to:
- use the Freesat App otherwise than for personal use or use any technology to disguise your location or circumvent geographical restrictions;
- copy, reproduce, distribute or transmit any content;
- infringe our intellectual property rights or those of any third party;
- circumvent, modify, remove, reverse-engineer, decompile, disassemble, alter or create derivative works from the whole or any part of the Freesat App (except as permitted by relevant laws) or otherwise tamper with any security, encryption or other rights management technology or software that is part of any content or device; or
- use the Freesat App in any unlawful manner or for any unlawful purpose, or act fraudulently or maliciously, for example by hacking into or inserting malicious code, such as viruses, or harmful data, into the Freesat App or any operating system.
The Freesat App is made available to you free of charge. If any charges are to be introduced in the future, Freesat will notify you in accordance with clause 9 below.
The Freesat App is directed to people residing in the United Kingdom, as the Freesat satellite TV service and Freesat-branded products are intended for UK residents only. We do not represent that content available on or through the Freesat App is applicable or appropriate for use in other locations.
If you download the Freesat App onto any Device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the Device.
- Freesat Account
You may use the Freesat App without registering your details with us, but some features or functionality of the Freesat App may only be accessible when you register for a Freesat account (also referred to as a Freesat ID), for example, the remote record feature. The remote record feature requires the Freesat App to be paired with a compatible Freesat set top box (see www.freesat.co.uk/help for details on compatibility). From time to time we may add further functionality to the Freesat App for which a Freesat account is required. Such further functionality may also be subject to Freesat set top box compatibility and use of such features or functionality may also be subject to additional terms.
You must treat your Freesat account password and any other piece of information provided as part of our security procedures, as confidential. We have the right to disable any password or user identification code at any time, if, in our reasonable opinion, you have failed to comply with any of these Terms.
In respect of our Freesat 4K Recordable TV Boxes, a maximum of five Freesat accounts may be linked to any one Freesat set top box. You must not use the Freesat App to connect to, control or manage the contents of a Freesat set top box unless you have the permission of the Freesat set top box owner.
- Using your Device as a remote control
The Freesat App may allow you to use your Device as a remote control for your Freesat set top box. The remote control feature will only work with a compatible Freesat set top box (see www.freesat.co.uk/help for details on compatibility).
In order to use the remote control feature (where available), you will need to connect your Device to the same Wi-Fi network as your Freesat set top box.
- Intellectual Property
All intellectual property rights (registered and unregistered) including copyright, trade marks, design rights and database rights in the Freesat App and its content remains the property of Freesat, its licensors or, where applicable, the content providers (for example the BBC). Freesat grants you a limited licence to use Freesat’s rights for your personal use of the Freesat App on your Device only.
- Third party services
- Suspension or Restriction of use of the Freesat App
Freesat reserves the right to suspend, change, interrupt or restrict the use of the Freesat App for technical updates and other maintenance or operational services. We may also withdraw the Freesat App entirely, withdraw support for any version of the Freesat App, or limit, condition, or otherwise change your use of, or the features made available through the Freesat App, at any time without notice.
Freesat reserves the right to suspend or terminate your use of the Freesat App if (i) you have breached these Terms, or (ii) we suspect that you have committed or may be committing fraudulent activity against us, another organisation or another user of the Freesat App. If we end your right to use the Freesat App, you must (i) stop your use of the Freesat App and (ii) delete or remove the Freesat App from all Devices in your possession.
- Our Liability
While Freesat makes reasonable efforts to ensure the functionality of the Freesat App features and accuracy of the content on the Freesat App, we do not accept any liability and make no representations or warranties in relation to functionality of the Freesat App or the accuracy or completeness of any content made available by Freesat on the Freesat App.
Freesat shall not be liable for: (i) any incompatibility between the Freesat App and your Device’s hardware, software or any Wi-Fi or mobile data connection; (ii) any failure by the Freesat App to perform or function in a particular way; (iii) any content on the Freesat App provided by content providers or other third parties; or (iv) any financial losses (howsoever caused and whether direct or indirect losses) or loss or corruption of data in connection with the download or use of the Freesat App.
While Freesat makes reasonable efforts to ensure the Freesat App is free from errors, bugs or viruses, we do not accept any liability and make no representations or warranties in relation to any errors, bugs or viruses that may arise as a result of using the Freesat App.
Nothing in these Terms limits or excludes Freesat's liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or in respect of any liability which cannot be excluded or limited under applicable law. The disclaimers contained in this section 8 do not affect your statutory rights as a consumer in the UK.
Freesat will send any notices to you via email using the email address entered when registering for your Freesat account. It is your responsibility to ensure this email address is up to date otherwise you will not receive notices from us. You accept that if you choose not to register an account with us, we will not be able to send notices to you.
- Amendments to these Terms
Freesat may change these Terms from time to time, including, for example, to accommodate our business or users’ needs, and so you should review these Terms regularly. Your continued use of the Freesat App shall constitute acceptance of any such update.
- Use of personal information
As part of your use of the Freesat App and through registering a Freesat account, we may collect personal information about you, your Device and your Freesat Box. For more information about how we collect and use your personal information, please see our Privacy Notice.
If any provision in these Terms is determined to be invalid or otherwise unenforceable, such provision shall be severed and deleted from the Terms and the remainder of the terms shall continue to have full force and effect.
The failure or delay of Freesat to exercise or enforce any right in these Terms does not waive Freesat's right to enforce that right.
These Terms, their subject matter and their formation, are governed by English law. The courts of England and Wales will have exclusive jurisdiction except that if you are a consumer resident in Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a consumer resident in Scotland, you may also bring proceedings in Scotland.
Version [2.0] Last updated February 2020. Freesat (UK) Limited © 2020