1.1 These terms and conditions (the “TV Terms”) apply where you order the TV Service (as defined in paragraph 2.1(f) below) from us.
1.2 These TV Terms supplement our General Terms (that is the Zzoomm – Residential Customers Terms and Conditions and the documents referred to in them) (the “General Terms”) pursuant to which you receive broadband and other services from us. Subject as varied in these TV Terms, the General Terms also apply to the TV Service as if they were set out in full in these TV Terms but with each reference to the “Terms” or “Our Agreement” deemed to include reference to these TV Terms.
1.3 Pursuant to clause 1.3 of the General Terms, these TV Terms form part of Our Agreement between you and us (as defined in clause 1.1 of the General Terms). Accordingly, in relation to the provision of the TV Service, Our Agreement comprises the following documents (as amended from time to time and which are available on our website or can be sent to you by e-mail upon request):
1.4 Notwithstanding any provision of the General Terms and unless otherwise agreed in writing by the Parties, in the event of any inconsistency or conflict between these TV Terms, the General Terms and any other document referred to in paragraph 1.3 above, then with respect to the TV Service (but not otherwise), those documents shall apply in the order of priority set out in paragraph 1.3 above. The prices contained in our Price Guide (as varied from time to time) take precedence over any prices or rates which appear in any marketing or advertising material.
1.5 In applying for the TV Service and by agreeing to Our Agreement (including these TV Terms) as required below, you acknowledge and confirm that:
2.1 For the purposes of, and/or in, these TV Terms (unless the context otherwise provides):
2.2 Subject as provided in paragraph 1 and this paragraph 2, terms defined in the General Terms shall have the same meanings when used in these TV Terms.
3.1 The TV Service provides access to on-demand television and radio services and catch-up television content via Freely, on-demand music and television content, and related applications.
3.2 Without limitation to clause 10 of the General Terms, we shall use our reasonable endeavours to provide a continuous, high-quality TV Service and to fix, as soon as reasonably practicable, any errors or faults that may affect the TV Service. However, you acknowledge and agree that:
provided that you must contact our customer services team at https://zzoomm.com/contact to claim any such reimbursement or credit within thirty (30) days of the date when you first tried to access, use or view the relevant content of the TV Service but were unable to do so on account of such error or fault.
3.3 During the term of Our Agreement, our Helpdesk shall provide you with such support and assistance as you may reasonably request in order to ensure that all the components and services necessary for providing the TV Service to you are active and performing in accordance with their specifications, service levels and availability targets. For this purpose, you may contact the Helpdesk at 0333 311 9933 to raise any issues you may have with the TV Service, to report any faults with the TV Service or the Set-Top Box, and to obtain any necessary advice, and we shall endeavour to provide you with the assistance and support you have requested, and to resolve any faults, as soon as reasonably practicable. In dealing with your issue, it may be necessary for us to elicit the support of our third-party providers.
3.4 The content of the TV Service may be subject to viewing restrictions (such as only being available in certain parts of the United Kingdom).
3.5 We (or any relevant third-party provider) may improve, change, modify or otherwise alter any part of the TV Service, any part of its content, and the times when that content is available, for such purposes and on such occasions as we (or they) think fit without notice (including, without limitation, if the content or programmes provided to us by any such third-party provider is altered or withdrawn, or in order to improve the quality of service or otherwise to benefit our customers, or for technical or regulatory reasons, or because of a lack of available capacity to provide certain services).
3.6 Following any improvements, changes, modifications or alterations to the TV Service, its content or the times when that content is available which may be permitted pursuant to paragraph 3.5 and although we shall make reasonable efforts to ensure them, we cannot guarantee the accuracy or completeness of the electronic or other programme guide, publication or information or other interactive content provided to you and shall not be liable for any failure to transmit any programme advertised in any such guide, publication, information or content. If the content of the TV Service changes, we will use our reasonable endeavours to replace it with similar content.
3.7 We shall not be responsible for the loss of any content of the TV Service which you may have recorded (or proposed to record) at any time (including, without limitation, where you have your Set-Top Box repaired or replaced at any time, or we require you to return your Set-Top Box to us for any reason, or we upgrade the software on the Set-Top Box at any time).
3.8 It is your responsibility to ensure that you obtain any television licence (or other permit or consent) required or otherwise discharge the television licence (or other permit or consent) requirements, for viewing or recording live television in the United Kingdom or accessing and using the BBC iPlayer. We are not responsible or liable to you or any third party for your compliance in this regard.
4.1 In order for you to be able to access, use and view the TV Service, you must have and maintain, throughout the term of Our Agreement, each of the following:
4.2 You agree and acknowledge that your own equipment may have some effect and impact on the quality of the TV Service.
5.1 We will provide you with one Set-Top Box at your property, and with information and instructions, in order for you to be able to access, use and view the TV Service. When you place your order, we will tell you whether there is any applicable charge for the Set-Top Box and/or its installation (if you have requested that we carry out that installation for you).
5.2 During the term of Our Agreement, we will rent the Set-Top Box to you for the purposes of receiving the TV Service. The rental charge for the Set-Top Box is included in the Service Fee. Without limitation to clause 6.5 of the General Terms, we (or our third-party providers) are and shall remain the owner of the Set-Top Box and (without limitation to clause 9.5 of the General Terms) of all intellectual property rights in the TV Service.
5.3 In accordance with clause 6.5 of the General Terms, you are responsible for the safe use and safe-keeping of the Set-Top Box and for maintaining it in good order whilst it is in your possession at your property. In particular but without limitation, you shall ensure that the Set-Top Box is stored in accordance with the manufacturer’s recommendations. You shall also retain and keep the original box and packaging for the Set-Top Box in good condition.
5.4 If you exercise your right to cancel your order or Our Agreement for the TV Service:
you must promptly return the Set-Top Box (and/or any related cables, ancillary equipment, software and other technology or equipment supplied with it) to us undamaged, in its original packaging, in accordance with such instructions as we (or our third-party providers) may issue from time to time, and otherwise in accordance with clauses 3.4 and 3.5, or clause 3.6, or clause 13.8 (as applicable) of the General Terms, subject as provided in paragraph 5.6.
5.5 If the Set-Top Box is or becomes faulty, damaged or otherwise fails to function properly or at all, please contact us at 0333 311 9933. We will ask you to return to us as soon as possible the Set-Top Box (and/or any related cables, ancillary equipment, software and other technology or equipment supplied with it) in accordance with clause 6.4(c) of the General Terms. We will then either repair or replace the Set-Top Box.
5.6 If you fail to return to us the Set-Top Box (and/or any related cables, ancillary equipment, software and other technology or equipment supplied with it) in accordance with paragraph 5.4 or 5.5 (as applicable) within thirty (30) days of the termination of Our Agreement or within thirty (30) days of our request (as the case may be), or if, upon its return, we discover that the fault, damage or other defect in the Set-Top Box was caused by your abuse or negligence or any other default on your part (including, without limitation, where you have failed to take reasonable care of the Set-Top Box while it was in your possession, you have failed to follow the manufacturer’s instructions or you have mis-used or altered the Set-Top Box without our prior approval), we reserve the right to charge you:
We shall make such charges by debiting your account (using the details that you provided to us with your order). If you fail to pay such charges, you will no longer be entitled or able to access, use or view the TV Service.
6.1 Without limitation to clause 9 of the General Terms, when using the TV Service, you must not (nor authorise or permit any other person using your TV Service to) do any of the following:
6.2 You acknowledge and agree that we are entitled to prevent the recording or copying of any content of the TV Service from channels to which you do not, or no longer, subscribe, and to delete or disable playback from your Set-Top Box of any recordings from such channels or which may have been made by you lawfully but which were made more than six (6) months previously.
Some content of the TV Service may not be safe or suitable for access, use or viewing by persons who are under 18 years of age. We make available to you via the TV Service parental controls and/or other similar features which can be used to ensure that the content accessed, used or viewed is safe and suitable for those accessing, using or viewing it (including children). It is your responsibility to set up, use and maintain these controls as necessary or appropriate; we are not responsible for the use of such tools. However, when and while such controls are employed, we will limit access to websites and content we (or our third-party providers) consider should be blocked as being unsafe or unsuitable for you to access, use or view based on the choices you have notified to us.
8.1 The charges for the TV Service that are applicable to you from time to time will form part of the Service Fee and are set out in our Price Guide (which can be found here or can be sent to you by e-mail upon request).
8.2 We may amend or vary the charges for the TV Service from time to time in accordance with clause 8.1 of the General Terms or otherwise as necessary to cover any increase in the fees we are charged by our third-party providers.
8.3 You are responsible for checking the current charges of the TV Service from time to time, as set out in the Price Guide.
8.4 The Service Fee (including the charges for the TV Service) will be invoiced monthly in advance throughout the term of Our Agreement.
9.1 Our Agreement will terminate automatically (and will be deemed to have been terminated by you) in the event that Our Agreement with you for broadband services is terminated for any reason.
9.2 We may terminate Our Agreement with you at any time by giving you not less than one month’s prior notice in the event that any services provided by our third-party providers which are necessary for us to be able to provide the TV Service are suspended or terminated.
9.3 In accordance with clause 8.2 of the General Terms, we may change the TV Service and these TV Terms in ways which are exclusively for your benefit, or which reflect changes in relevant laws and regulatory requirements, or to implement purely administrative changes or minor technical adjustments and improvements (for example, to address security threats, to update the TV Service, or to add or change functionalities and features) which have no negative effect on you. You agree and acknowledge that any such updates, changes and adjustments may happen automatically in the background at any time, that they are necessary to maintain compatibility with other updates or services, that they cannot be disabled by you, and that they will take effect when implemented. We will give you notice of any such change on our website or by e-mail to the most recent e-mail address you have notified to us.
9.4 If, in accordance with clause 8.3 of the General Terms, we provide you at any time with at least one month’s prior notice of any change we propose to make to the TV Service or these TV Terms which is outside the scope of paragraph 9.3 above, which is potentially to your detriment and to which you do not agree, you may terminate Our Agreement by notice to us given within one month of receiving our notice of that change. If you choose to terminate Our Agreement pursuant to clause 8.3 of the General Terms, you will not be liable for any Early Termination Charge or other additional charges which might otherwise apply under the General Terms except for the charges for the TV Service for the period of time we delivered the TV Service to you prior to the actual termination of Our Agreement. We will, if applicable, refund to you any charges you have paid in advance for TV Service which has not been provided. Your continued use of the TV Service after the expiry of our notice of the changes will constitute your acceptance of them.
9.5 Except as provided in paragraph 9.4 above and clause 13.2 of the General Terms, if Our Agreement terminates within the Minimum Period (as specified in our General Terms), you may be required to pay an Early Termination Charge in accordance with clause 13.2 of the General Terms.
9.6 Upon termination of Our Agreement or the TV Service and unless you have already made suitable alternative arrangements with another provider, you will lose (automatically, immediately and irrevocably) access to, use of, and will not be able to view or recover, your TV Service. We are not liable for any losses, liabilities, costs or expenses resulting from this.
Zzoomm Plc
Registered Number – 11738914
Registered Office – C/o DMH Stallard LLP, Fetter Yard, Barnards Inn, 86 Fetter Lane, London, EC4A 1EN, United Kingdom
Website: https://zzoomm.com
Phone number: 0333 311 9911