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BEN-SET:
These are the terms and conditions applicable to the BEN-SET
Subscription Contract. It explains the conditions you must
keep when you subscribe to either or both of the channels
known as "SET Asia" and "B4U Movies". Reference to "BEN-SET"
or "we" or "us" in this Contract shall be read as references
to BEN-SET Limited.
CONTACT DETAILS:
All correspondence including enquiries, complaints and suggestions
etc may be addressed to the following :
Postal address :
SonyB4U,
P.O. BOX 670,
Kirkcaldy KY2 6WL,
United Kingdom.
Telephone : 08700 7669 248
1. DEFINITIONS:
The following definitions shall apply:
Acceptance of Contract: Your acceptance of the terms
and conditions governing this Contract.
Address: your address in the United Kingdom registered
with us.
Channels: SET Asia and B4U Movies.
Call Centre: The telephone customer management centre
of "SET Asia" and "B4U Movies", currently available at telephone
number 08700 7669 248. This telephone number may change from
time to time.
Commencement of Contract: The date of the commencement
of the Contract.
Conditions: The terms and conditions in the Contract
and any changes we may make to them.
Contract: BEN-SET Subscription Contract between you
and us authorising you to receive our Services for private
viewing at your Address.
Digibox: an authorised satellite decoder using a digital
conditional access (encryption) system.
Minimum Term: the first 12 months from the date on
which you first subscribed to receive the Service.
Pre-Requisites: Items you would ensure you have before
subscribing to our Services. You will need a properly installed
Digibox and satellite dish to receive our broadcast signals.
You will not be able to use our services if you do not have
these items.
Prices: The price of the Service rendered to you under
the Contract. The prices may change from time to time. Please
refer to Clause No 4.
Service: the option chosen by you in your Contract
to receive either " SET-Asia" or "B4U Movies" or a package
containing both. If during the Contract you want to change
your option and we allow this, the Service is the new option
chosen by you.
Subscription Payment: the payments you must pay us
to provide the Service under the Contract.
United Kingdom: the United Kingdom of Great Britain
and Northern Ireland, the Isle of Man and the 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 the Contract.
2.
ACCEPTANCE OF CONTRACT :You are deemed to have accepted
the terms and conditions of the Contract on Commencement of
Contract.
3.COMMENCEMENT OF CONTRACT :The Contract shall commence
on the day you have passed your credit card details or direct
debit details to the Call Centre towards the payment of the
Service you have selected.
4. PRICES: The price of the Service quoted to you at
the Commencement of Contract is valid for two months. Thereafter,
we may change the price of the Service at any time by giving
you at least one months notice when any or all of the following
occur:
(a) if we add extra channels to your chosen Service
(b) if required by law or if any regulatory authority requests
or requires a change to any aspect of our pricing which affects
your chosen Service directly and our pricing structure generally
(c) or after the 12 months minimum period we may increase
our retail prices.
5. PAYMENTS:
a) Subscription Payment towards the Service must be made in
advance every month either by direct debit or by credit card.
Once you have chosen your payment method we will deduct monthly
payments for your chosen Service in advance from the date
we have sent you your first Viewing Card. We may from time
to time assess your credit worthiness using credit scoring
and we may use information from and supply information to
outside agencies for this. We will apply reasonable practices
for administering your account based on the result of that
scoring.
(b) We will allow you to change your chosen Service option
but will charge a reasonable administration fee. If you change
your option, you must remain with and pay for that option
for at least one month (but subject to the Minimum Term).
c) You must allow us to alter your direct debit or credit
card instruction if the Price of your chosen Service changes
for any reason. We may also change any other payment under
the Contract under your direct debit or credit card instruction
by giving seven days notice in writing.
d) If at any time during your subscription, you cancel your
direct debit, charge back the payment you had made on your
credit card or withhold payment in any manner, your account
will automatically be suspended on the first day of such cancellation
or charge backs and your viewing cancelled. Within five days
of your account being so suspended whichever is earlier we
may without prejudice to our legal remedies in the matter
terminate your account and either Clause No 13 or Clause No
16 or both shall apply.
6. CHANNELS AND PROGRAMMING
(a) We can replace or withdraw advertised programmes.
We can change or reduce the number of hours of any Channels
broadcast. We may encrypt or unencrypt any Channel.
(b) We can withdraw any Channel. If we vary your chosen Service
or withdraw it or any channels in it, you may terminate the
Contract having regard to Clause No 13 and 16 or change your
option and pay the current Subscription Payment for such new
option.
(c) We may add any channel as a bonus channel without making
any changes to the Prices or to the Service.
(d) Condition 6 (b) will not apply to the withdrawal of a
bonus channel.
7. YOUR VIEWING CARD
(a) Your Viewing Card acts as a key so that you can unlock
(unencrypt) the Service. However possession of the Viewing
Card does not mean that you have a right to receive the Service.
(b) BEN-SET or its nominee continues to own the Viewing Card
after it sends it to you and if we ask you to, you must return
it after the Contract comes to an end or if the conditional
access provider requires you to return it when he sends you
a replacement.
(c) Only you may use the Viewing Card which is sent to you.
You can only use it at your Address with the Digibox in which
it is first used to receive the Services 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. (See Clause No 11).
d) If you give your Viewing Card to anyone else, BEN-SET or
the conditional access provider can invalidate it.
(e) You must not tamper with the Viewing Card or use it for
anything else, we do not authorise.
(f) 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 main
power supply and suitable satellite dish and in a 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 or the property of our agent.
(g) We shall be entitled to disclose your name, address and
the services you receive via the Viewing Card as part of the
proper administration of the digital satellite system.
(h) If your Digibox is connected to a telephone line, information
may be passed from it to us and vice versa by telephone.
8. HOW LONG IS THE CARD VALID FOR
(a) 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 advertise when
the Viewing Cards are to be replaced.
(b) We may invalidate the Viewing Card if it is necessary
to protect the security of the conditional access system or
if we believe you are using the Viewing Card in ways which
we have not authorised or where it is otherwise reasonable
for us to do so.
(c) If you have missed any payment you owe to us, we can suspend
the Service without giving you notice by invalidating your
Viewing Card. This does not affect our rights to end the Contract
under Clause No 16 shown below.
9.LOST, STOLEN OR MALFUNCTIONING VIEWING CARDS
(a) If your Viewing Card is lost, stolen or damaged, you must
tell us immediately, either by phoning 08700 7669 248 or by
writing to: SonyB4U, P.O. BOX 670, Kirkcaldy KY2 6WL, United
Kingdom. We may charge you the cost of replacing your Viewing
Card if it is lost, stolen or damaged.
(b) If your Viewing Card does not work, you must inform us
either by phoning 08700 7669 248 or by writing to: SonyB4U,
P.O. BOX 670, Kirkcaldy KY2 6WL, United Kingdom. If you return
it, we will replace it free of charge provided it had a defect
when it was supplied to you. If the Viewing Card is faulty
or damaged in any other way or you do not return the faulty
Viewing Card, we can charge you for the cost of replacing
it. We will make invalid any Viewing Card that you tell us
does not work and is replaced.
10. LIABILITY Except in relation to our liability
for death or personal injury we will not be liable for:
(a) Any fault in a Digibox or other receiving equipment you
use.
b) Any fault in your Viewing Card caused by you tampering
with it, your negligence or failure to follow our instructions
or the instructions of the conditional access provider.
(c) Use of a Viewing Card with any decoding apparatus we do
not authorise.
(d) The ending by you or us of this Contract according to
Clause No 13;
(e) Our failure to provide the Service caused by the events
outside our reasonable control;
(f) Any loss or damage caused by us or our employees or agents
in circumstances where:
(i) there is no breach of a legal duty of care owed by us
or by any of our employees or agents;
(ii) such loss or damage is not a reasonably foreseeable result
of any such breach;
(iii) any increase in loss or damage results from breach by
you of any term of this Contract.
11. COPYING AND COPYRIGHT
(a) You must not do any of the following:
(i) copy except as allowed under section 35 (showing in schools)
and section 70 (timeshifting for private and domestic use)
of the Copyright and Designs and Patents Act 1988, redistribute
or relay any of the Channels. The exceptions in these sections
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.
(b) 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 from receiving the Service if your
Digibox allows copying of any Channels which we are contractually
obliged to prevent.
12. CHANGING THE CONDITIONS
(a) We may change or add to Conditions for security, legal
or regulatory reasons.
(b) We may change or add any other Conditions if it is reasonable
to do so.
(c) We will give you at least one months notice of any changes
or additions to the Conditions. We will not use this right
to vary the terms of any special offer, which applies to you.
13. MINIMUM TERM
The Minimum Term of the Contract is 12 months. Should you
wish to terminate the Contract before the expiry of the Minimum
Term you shall be liable to pay in full for the remaining
period of the Minimum Term except under the following:
(a) You may end the Contract at any time during the Minimum
Term by giving us one month's notice if we withdraw a Channel,
which is a part of your Service.
b) You may also end the Contract by giving us one months notice
if at any time during the Minimum Term we change the Conditions
herein without giving you one months notice.
However in the event of either (a) or (b) we will not refund
to you any monies you had paid towards your Subscription Payment
prior to the date of termination.
(c) If you violate any of the Conditions herein we may terminate
the Contract during the Minimum Term by giving you seven days
written notice. In such cases you shall be liable for the
payment of the remaining period of the Minimum Term and we
will not refund to you any monies you had paid towards your
Subscription Payment prior to the date of termination.
Once the Contract is terminated we will make your Viewing
Card invalid and you will no longer be entitled to receive
the Service.
14. RIGHT TO TRANSFER THE CONTRACT
We may transfer our rights or obligations under the Contract
to any company, firm, or person. However we may only do this
if it does not affect your rights under the Contract. You
have no authority to transfer your rights or obligations under
the Contract to anyone else.
15. NOTICES
If you or we give us a notice that is required under the Contract,
it must be in writing and must be sent by pre-paid post.
16. TERMINATION
(a) Clause No 13 shall apply in all cases of termination
during the Minimum Term.
(b) After the Minimum Term you may terminate the Contract
giving one months notice. We will not refund to you any monies
you had paid towards your Subscription Payment prior to the
date of termination.
Once the Contract is terminated we will make your Viewing
Card invalid and you will no longer be entitled to receive
the Service
17. LAW AND GEOGRAPHICAL LIMITS
(a) This Contract is governed by English Law. Any disputes
can be dealt with by courts in England and Wales or any other
United Kingdom court that can lawfully deal with the case
under Civil Jurisdiction and Judgments Act 1982.
(b) This Contract only applies if you live in the United Kingdom.
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