These terms and conditions ("Subscription Terms and Conditions") shall apply to Your use of any of the optional Subscription packages.
By subscribing to and using any of the Subscription packages You agree to be bound by the Subscription Terms and Conditions which shall form a legal agreement between Us and You. If You do not agree to be bound by the Subscription Terms and Conditions, You may not subscribe to and use the Subscription packages.
Where these Subscription Terms and Conditions are inconsistent with the Service Terms and Conditions, these Subscription Terms and Conditions shall prevail.
1. These Terms
These Terms and Conditions (referred to as “ Terms”) and the FetchTV Privacy Policy apply to all use of the FetchTV Web Site and provision of
1.Definitions
" Monthly Subscription" means where You are to pay to Us a monthly Subscription Fee in advance or on a monthly basis until such time as You cancel such Subscription Contract or We terminate the same in accordance with clauses 4 or 5.
" Subscribers" means those persons who from time to time subscribe, and continue to subscribe, to the Subscription packages.
" Subscription packages" means the content bundled together to form a package.
" Subscription Contract" means the contract formed between Us and You on the date upon which You subscribe for a Subscription package and as set out in these Subscription Terms and Conditions.
" Subscription Fee" means the fee to be paid by You for the Subscription Package as set out on the Subscription Homepage and as varied from time to time in accordance with clause 3.
" Subscription Homepage" means the homepage accessed when You click to Manage your Subscriptions in your FetchTV account.
" Subscription Packages" means the types of subscription packages which are available to Subscribers as set out on the Subscription Homepage and "Subscription Package" shall be construed accordingly.
" Subscription Terms and Conditions" means these terms and conditions of use of the Subscription Areas.
" Video Content" means the video which may be viewed by You as part of Your Subscription Package.
" FetchTV" means the service containing the video footage
" We/Us" means FetchTV.
" Website" means a site on the Worldwide Web.
" FetchTV Service Terms and Conditions" means the terms and conditions applicable to the whole of the FetchTV service.
2. Acceptable Use of the Subscription Areas
You shall only be authorized to access the Subscription content for which You have paid the appropriate Subscription Fee.
You acknowledge that the Video Content is owned by or licensed to Us and Your rights to such content shall be limited to the viewing for private use in accordance with the Subscription Package You have paid for.
The maximum aggregate liability of Us to You shall be limited to that proportion of the Subscription Package paid for but not received by You.
3. Payment
The Subscription Fee payable by You is set out in the Subscription Packages. You shall pay the Subscription Fee for the Subscription Package You indicated You wish to receive at the time of subscription. The Subscription Fee shall be payable in advance and will be processed by Us against Your FetchTV Account Info provided to Us in Your account set up form.
All payments shall be collected by Us in advance and shall not be repayable save in accordance with clause 5.
Where You have commenced a Monthly Subscription We shall collect the monthly subscription fee automatically against Your FetchTV Account each calendar month until You cancel Your Subscription in accordance with clause 4 below.
We reserve the right to vary the Subscription Fee for each Subscription Package from time to time. Any increases in the Subscription Fee will be notified to You by e-mail and on FetchTV website at least 30 days prior to such price increases taking effect. If You do not cancel Your Subscription Contract prior to the price increase becoming effective We shall continue to collect the increased payments from You commencing with the next payment due under the Subscription Package.
4. Cancellation of Your Subscription Contract
Should You wish to cancel Your Subscription Contract you can do this by selecting Cancel against the Subscription package you wish to cancel in your FetchTV account.
When You cancel Your Monthly Subscription your account will remain active until the next payment is due, at which time your access to the package content will be terminated, any content downloaded after the package cancellation will be charged as an individual item.
5. Suspension and Termination
5.1 We shall be entitled to suspend or terminate Your access to any of the Subscription content at any time without notice should You be in breach of these Subscription Terms and Conditions or the FetchTV Terms and Conditions or should the Subscription Fee remain outstanding.
5.2 We shall be entitled to suspend or terminate Your access to any of the Subscription content at any time without notice should Your FetchTV bill remain outstanding or we are unable to collect money from your account.
5.3 Without prejudice to our rights to suspend or terminate under clause 5.1 We may, at our own discretion, terminate Your Subscription Contract upon giving You one month's notice by e-mail.
Should We terminate Your Subscription pursuant to this clause 5.3 We shall pay to You a proportion of Your Subscription Fee reduced pro-rata to the period of the Subscription Contract paid for but not received.
