Your agreement with us is made up of:
- these terms and conditions;
- the acceptable use policy, charges and any service requirements shown at www.bt.com/downloadstore
What we provide
1. This agreement applies to the BT Vision Download Store service we agree to give you, which includes
- access via the BT Vision Download Store website to video and audio content which can be purchased and downloaded to your personal computer and where shown on the website, to a portable media device;
- where shown on the website, a physical copy of the downloaded content on a DVD which will be sent to you by post;
- software known as the BT Download Player which manages the download of the content from the website to your personal computer and enables playback of the content; and
- online support for the service as set out on the website.
2. The service we provide to you under this agreement is not for business use and is only available to internet users within the UK.
When does our agreement with you start?
3. Our agreement with you begins on the day we accept your registration for the service on the website.
What you need
4. To receive the service you will need :
- a personal computer and, if you choose, a portable media device, that meet the requirements set out on the website;
- an active broadband line from any UK broadband service provider;
- to download and install the BT Download Player on your personal computer;
- to connect your personal computer to the website via the internet for the duration of the download; and
- to follow any other requirements that we may specify on line.
Quality of the Service
5. We aim to provide a continuous, high-quality service but we do not guarantee that the service will be available at all times. From time to time faults in the service may occur. We will repair these faults as soon as we can. Download speeds may vary.
Other things that we may need to do
6. Occasionally we may:
- for operational reasons, change the technical specification of the service, as long as the change does not in our reasonable opinion affect the provision of the service;
- add to or remove items from the library of content that you can access through the service;
- give you instructions which we may believe are necessary to safeguard the security or quality of the service;
- temporarily suspend the service in case of an emergency or for operational and/or maintenance improvements, in which case we will restore the service as soon as we can.
7. It may be necessary for us to share your personal information for the purposes of making credit decisions, fraud prevention, to pursue debts and to perform our obligations under this agreement.
Using the Service
8. When we make software or content available to you, you agree
- to accept any third party terms and conditions which apply to software or content provided;
- that it is for your use only, and not to transfer it to anyone else, or to try to do so;
- not to copy, give away, make available or modify it (unless you are allowed by law to do so); and
- to use it only as we instruct.
9. You must not use or allow the service to be used:
- in any way which is unlawful or breaks the terms of any licence or third party rights; and
- in any way which we reasonably think may harm the provision of the service to you or any of our customers.
10. You are responsible for the security and proper use of any user IDs and passwords and must ensure that they are kept confidential, secure, used properly and not disclosed to anyone else.
11. You accept that this agreement is personal to you. You agree not to transfer it to anyone else, or to try to do so.
Content Rights
12. We grant you a non-exclusive, non-transferable licence to receive, store, display and view the content on your personal computer and where available, on a single portable media device, for your home use only. You agree:
- the content that you download to your personal computer, is not transferable to or to be used on any other personal computer;
- any content that you transfer from your personal computer to a portable media device is not transferable to any other portable media device either from your personal computer or from your portable media device; and
- unless we tell you otherwise, any DVD copy of the content will not be the version which is available on the high street.
13. You must not (or allow anyone else to) receive, copy, supply or show in public, or use any of the content for any commercial purpose including any business use. For further details on your rights and restrictions on your use of the content go to:
www.mcps-prs-alliance.co.uk/about_us/aboutcopyright/Pages/aboutmusiccopyright.aspx.
14. You agree to comply with any instructions we give you which relate to the content.
15. You will indemnify us in full from and against all claims, actions, damages, proceedings, demands, losses, liabilities, costs and expenses incurred by us arising out of your use of any of the content in breach of this agreement.
16. Although we take precautions, we cannot guarantee the accuracy or completeness of the content that we provide to you. The content may not be suitable for viewing by persons of all ages. For this reason, it is your responsibility to ensure that the content viewed or used is suitable for those viewing it (including children). We are not responsible for this.
Payment
17. You agree to pay the applicable charges for each item of content that you download as set out on the website.
18. You will pay by the method you agree with us at registration for the service.
19. You agree to pay the relevant charges whether you use the service or someone else does.
20. You must immediately inform us of any changes to the information you have supplied when registering for the service.
Our responsibility to you
21. We accept responsibility if you are injured or die as a result of our negligence. We will not limit this responsibility.
22. We also accept responsibility for loss or damage to your physical property arising from our negligence. We will pay up to £25,000 in any 12 month period for this loss or damage.
23. We have no obligation to compensate you for financial loss, for data being lost or corrupted, or for any loss that could not have been reasonably foreseen (expected) in light of paragraph 2.
24. Except as described in paragraphs 21, and 22, our only obligation to compensate you (even if we have been negligent) is to refund you the charge for the affected item of content purchased. You will need to contact us to claim a refund which will be credited to the credit or debit card that you registered when you applied for the service.
25. You will not be entitled to a refund under this agreement, if the incident you are claiming for is due to equipment or a service you have purchased from another supplier or is as a result of your failure to comply with this agreement.
26. Nothing in paragraphs 21, 22, 23, 24 or 25 affects your statutory rights.
Matters beyond BT's reasonable control
27. Sometimes we may be unable to do what we have agreed because of something beyond our reasonable control. For example, this could include very severe weather. In these cases, we do not accept responsibility for what has happened.
Resolving disputes
28. We will try to work through any disputes that you may have with us. However, if we cannot do this, you may refer the matter to any relevant dispute resolution service. Details of these, and of how to refer a dispute, are set out in our Code of Practice for Consumers and Small Businesses.
Ending provision of the service
29. We can end the provision of the service by giving you 28 days’ written notice.
If you break the agreement
30. Other than in the case of any breach by you of your obligations under paragraphs 8, 9, 12, 13, 14, 15 and 16, we will normally give you an opportunity to put matters right within a reasonable time if you break the agreement.
31. However, if you do not do so, we may suspend or end the agreement for the service. We may also suspend the service or end the agreement for the service if you break any other agreement you have with us and do not put matters right within a reasonable time. If we suspend the service or end the agreement for the service, we will tell you what needs to be done before we reinstate it.
Changing these terms and conditions
32. Sometimes, we will need to change the terms and conditions of the service. We will publish details of all changes online.
33. We will also let you know about a change to the terms and conditions that we believe is likely to be your significant disadvantage at least one month before it happens.
34. For changes we need to make to meet legal and regulatory requirements, we may be unable to meet this timescale. We will let you know about these changes as soon as we can.