ZEE DIGITAL SUBSCRIPTION CONTRACT TERMS AND CONDITIONS FOR UK
These terms apply to your ZEE Digital Subscription Contract. It explains the conditions you must keep to if you want to take ZEE's digital television services. We are Asia TV Limited ("ATVL") trading as "ZEE TV". Reference to "ZEE TV" or "we" or "us" in these terms and conditions shall be read as references to ATVL.
In these Conditions:
Address: your address in the United Kingdom as provided to us when applying for your subscription.
Call Centre: The Customer management centre (our agents) which is the first point of contact for you and may be contacted at 0844 855 8888 or Asia TV Limited, P.O. Box 1160, Hygeia Building, 66-68 College Road, Harrow, HA1 9LT (*Calls cost 5p per minute. Call charges from mobiles may vary).
Any changes in the Call Centre contact details will be informed to you through the Zee digital channels or written communication.
Channels: any one or all the television channels we may include in the ZEE Digital Package, we may offer.
Conditions: the conditions in this Contract and any changes we may make to them.
Contract: your request for subscription to any/all of the Channels, any welcome letter sent by us to you , any promotional offer you may be entitled to and your subscription payment to us and these terms and conditions form part of the contract between you and us authorizing you to receive the Service for private viewing at your Address.
Digibox: an authorized satellite decoder using Sky's digital conditional access encryption) system.
Annual Subscription: Completion of 12 months from the date on which you first subscribed to receive Zee's digital services/services were activated.
Monthly Subscription: Completion of 1 month from the date on which you first subscribed to receive Zee's digital services/services were activated.
Option: any of the channels we offer whether offered singly or in packages (including changes to the same) we may offer you from time to time.
Promotional Offer: Any offer advertised for a limited period on terms specified therein.
Service: the Option chosen by you in your Contract. If during this Contract you want to change your Option and we allow this, the Service is the new Option you choose.
Subscription Payment: the payments you must pay us to provide the Service.
United Kingdom: the United Kingdom of Great Britain and Northern Ireland, the Isle of Man and Channel Islands.
Viewing Card: the card you need which will allow you to receive the Service when used with a Digibox. You are only entitled to one Viewing Card under this Contract. The viewing card shall be provided by Sky Satellite Services Limited SSSL) who shall be our agents for this purpose only.
2. SUBSCRIPTION PAYMENTS
You must pay us Subscription Payments every month or annually in advance in the way you have chosen and intimated to us on being added on as subscriber. For both Direct Debit and Credit Card options we will collect the amount due automatically from your account each month after we have set up your subscription. Annual payment by cheque should reach us 5 days in advance of the due date. Facility for payment by cheque is available only for annual payment.
We can charge a reasonable administration fee if you want to change your chosen Option and we allow this, unless we cause the change. If you change your Option, you must remain with and pay for that Option for at least one month (subject to the Minimum Term). You can only choose from the Options offered by us from time to time; downgrading however shall be only allowed after the Minimum Term.
We may change your Subscription Payment at any time by giving you at least one month's notice. We may increase your Subscription Payment to the normal rate on expiry of any promotional offer Your Subscription Payment will also change if you change your Option (only upgrading allowed during the Minimum Term) and you will immediately pay the then current price for that new Option. We may increase your Subscription Payment based on any retail price change or business decision. We may also change your Subscription Payment if we replace a channel from the Zee digital package or add new channels to the package you are receiving.
We may change your subscription payment if required by law or if any regulatory authority requests or requires a change to any aspect of our pricing which affects your Subscription Payment directly or our pricing structure generally.
We may refuse your application for monthly payment subscription based on the results of an assessment of your credit standing using credit scoring. We may from time to time also use credit scoring to assess your credit standing during your subscription; we will apply reasonable practices for administering your account based on the result of that scoring, including, if we believe it is reasonable, applying different payment terms to your account. We may use information from, and supply information to, outside agencies for this credit scoring.
3. CHANNELS AND PROGRAMMING
We can replace or withdraw advertised programmes. We can change or reduce the number of hours of any Channel's broadcast. We may encrypt or unencrypt any Channel.
We can withdraw any Channel from the Options offered or replace any Channel with another channel without a change in the Subscription Payment. If we have promoted any Channels in a package as bonus channels and subsequently withdraw or replace the same, you shall not be entitled to a Subscription Payment reduction or to terminate your contract on this basis during the Minimum Term.
If Channels that we provide are supplied by other broadcasters and their availability is outside our control we shall not be liable for changes.
This Contract does not authorize you to receive any pay-per-view or analogue television programmes or services of any kind. If you do choose to purchase any pay-per-view programmes or events from ATVL, if offered, each purchase will be on the relevant services standard terms (which are supplied separately) and you authorize us to charge any payment for these pay-per-view services under the direct debit or credit card instruction that you provide us with this Contract.
4. EXTRA CHANNELS
We may offer you extra Channels. If we offer you these extra channels under these Conditions and you decide to take them, they will be included in the Service. We will confirm to you what charges apply to these channels and how your Subscription Payment will change.
5. YOUR VIEWING CARD
Your Viewing Card acts as a key so that you can unlock (unencrypt) the Service. Having the Viewing Card does not mean you have a right to receive the Service. You shall have only one active viewing card/joint request card per contract.
We continue to own the Viewing Card after it is sent to you and if we ask you to, you must return it after this Contract comes to an end or if we send you a replacement.
Only you may use the Viewing Card. You can only use the Viewing Card at your Address with the Digibox in which it is first used to receive the Service and you must only use it for private viewing purposes. You must not use it in a hotel, motel, pub or other licensed premises or in any club or similar place which would be defined as a commercial premises (See also Condition 9). You may only receive the Service via one Digibox under this Contract.
If you give your Viewing Card to anyone else at another premises, we shall make it invalid.
You must not tamper with the Viewing Card or use it for anypurpose we do not authorize.
In order to continue to receive the Service without interruption, your Viewing Card must be kept in your Digibox at all times and you will need to keep the Digibox connected to a mains supply and suitable satellite dish and in standby mode while not in use. You must allow us to update the software in your Digibox by sending additional signals via satellite to your Digibox. The software in your Digibox remains our property.
Weshall be entitled to disclose your name, address and the services you receive via the Viewing Card to relevant third parties as part of the proper administration of the digital satellite system.
If your Digibox is connected to a telephone line, information may be passed from it to us and vice versa by telephone.
6. VIEWING CARD VALIDITY
For security reasons your Viewing Card will be replaced from time to time. We will try to send you a new Viewing Card before the old one becomes invalid. We will inform you (either on air or in writing) when Viewing Cards are to be replaced.
We may authorize our agents to make the Viewing Card invalid if it is necessary to protect the security of Sky's conditional access system or if we believe you are using the Viewing Card in ways which we have not authorized or fraudulently or where it is otherwise reasonable for us to do so.
If you have missed any payments you owe to us we can suspend the Service without giving you notice by making your Viewing Card invalid. This does not affect our right to end this Contract under Condition 11 shown below and claim amounts due to us including late payment and penalty charges.
7. LOST, STOLEN OR MALFUNCTIONING VIEWING CARDS
If your Viewing Card is lost, stolen or damaged by you, you must inform us immediately either by phoning or by writing to us within 48 hours. We can charge you the cost of replacing your Viewing Card if it is lost, stolen or damaged.
If your Viewing Card does not work, you must also tell us. If you return it, we will replace it free of charge if it had a defect when it was supplied to you. If the card is faulty or damaged in any other way, or you do not return the faulty Viewing Card, we can charge you the cost of replacing it. We will make invalid any Viewing Card that you tell us does not work and is replaced.
We will not be liable under this Contract for:
supply of, getting installation done for or any fault in a Digibox or other receiving equipment you use;
Any fault in your Viewing Card caused by you tampering with it, your negligence or failure to follow our instructions;
Use of a Viewing Card with any decoding apparatus not compatible with Sky's conditional access system.
The ending by you or us of this Contract according to Condition 11;
Our failure to provide the Service caused by events outside our reasonable control;
Any loss or damage or inconvenience caused by us or our employees or agents in circumstances where:
(i) There is no breach of a legal duty of care owed to you by us or by any of our employees or agents but merely an unintentional manual, billing or provider error or a viewing card problem which will be corrected for which you agree to cooperate if required ;
(ii) Such loss or damage as is not a reasonably foreseeable result of any breach;
(iii) Any increase in loss or damage results from breach by you of any term of this Contract. Agents for us are not liable to you.
9. COPYING AND COPYRIGHT
You must not do any of the following:
(i) Copy (except as allowed under section 35 (showing in schools) and section 70 (time shifting for private and domestic use) of the Copyright Designs and Patents Act 1988and any amendments thereof, redistribute or relay any of the Channels. The exceptions in this section are limited and you must make sure that you are legally entitled to rely on one of them; or
(ii) Sell or make any charge for watching any Channel or programme; or
(iii) Show any Channel in public to an audience, even if no charge is made.
We may disable or alter remotely certain functions of your Digibox so as to prevent you from copying the Channels and we may prevent you receiving the Service if your Digibox allows copying of any Channels which we are bound by contract to prevent.
10. CHANGING THE CONDITIONS
We may not change or add to Conditions 2(c) or (d), Condition 3(d), Condition 8 or this Condition 10 except for security, legal or regulatory reasons.
We may not change or add to any other conditions unless it is reasonable to do so.
We will give you notice of any changes or additions.
11. ENDING THE CONTRACT
Unless we breach the terms of the contract (excluding reasons listed in the liability clause) , this contract will remain in force for at least the Minimum Term .The contract will continue after this time unless ended according to the condition below.
You may cancel this contract after the Minimum Term for any reason by giving us one month's written notice.
In the event of unilateral cancellation by you during the Minimum Term, you shall be liable to pay us and we shall be entitled to claim from you, the balance due for the Minimum Term, a cancellation charge of £12 and refund of the amounts subsidized by way of any promotional offer for your subscription. You shall be liable to pay the above amounts to us within 14 days of your cancellation and we shall be entitled to claim or debit the same from your account.
If you break any of the Conditions of this Contract, we can terminate the contract by giving you seven days' written notice at any time (including during the minimum term). In this event again you shall be liable to pay us and we shall be entitled to claim from you, the balance due for the Minimum Term, a cancellation charge of £12 and refund of the amounts subsidized by way of any promotional offer for your subscription. You shall be liable to pay the above amounts to us within 14 days of your cancellation and we shall be entitled to claim or debit the same from your account.
Except where you break the Conditions of this Contract, we will not terminate this contract during the Minimum Term. We may during that period and later vary this Contract and the service in the ways described in this Contract. We may terminate this Contract for any other reason after the Minimum Term and refund any advance subscription amounts paid by you.
If you or we end this Contract, we will make your Viewing Card invalid and you will not be entitled to receive the service anymore.
12. RIGHT TO TRANSFER THE CONTRACT
We can transfer our rights or obligations under this Contract to any company, firm or person. We can only do this if it does not affect your rights under this Contract. You may not transfer your rights or obligations under this Contract to anyone else.
If you or we give a notice that is required under this Contract, it must be in writing. It must be sent by pre-paid post.
14. LAW AND GEOGRAPHICAL LIMITS
English Law governs this Contract. Any disputes can be dealt with by the courts in England and Wales or any other United Kingdom court that could lawfully deal with the case under the Civil Jurisdiction and Judgements Act 1982.
This Contract only applies if you live in the United Kingdom.