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  BEN-SET SUBSCRIPTIONS- TERMS & CONDITION  
     
 

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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