netgem.tv – Three Subscriber Terms of Service
These are the terms of supply for our services ordered through Three's app, website or other marketing channels (Three Platforms). The netgem.tv service is operated by Netgem UK LTD (we, us and our). We are a limited company, registered in England. Our registered company number is 04719079, and our registered office is at Kingsway House, Kingsway, London, United Kingdom, WC2B 6QX. Our VAT registration number is GB204077736.
Your purchase of the netgem.tv service offered on the Three Platforms (Service) is subject to these terms and by placing an order for the Service you agree to be bound by them. You should print a copy of these terms for future reference.
These terms were last updated in May 2019.
In order to subscribe to the Service you must be an eligible Three customer.
If eligible, you may subscribe to the Service through a Three Platform following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Confirm the charge to your mobile” button on the checkout page.
After placing an order, you will receive an acknowledgment from us that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to purchase the ordered Service. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order for any reason. You do, however, acknowledge that by clicking on the “Confirm the charge to your mobile”, you enter into an obligation to pay for the Service. Where we accept your order, we will confirm such acceptance by sending you a confirmation of your membership (Membership Confirmation). The contract between you and us in relation to the Service ordered (Contract) will only be formed when we send you the Membership Confirmation.
After we send you the Membership Confirmation, we will send a netgem.tv device (Device) to the delivery address you provide which we loan to you in order to provide you with access to the Service and which, once linked to your netgem.tv account and activated, will provide you with access to various services, content and potential offers as provided by netgem.tv to its end-users. The netgem.tv box usually arrives within 3-5 working days after the Membership Confirmation.
Please also note that we loan, not sell, the Device to you to access the Service for the duration of your subscription and that ownership of the Device remains with us at all times. If you cancel your subscription for any reason you will be required to return the netgem.tv Box to us and if you fail to do so within the required timeframe you may incur further charges (see Subscription cancellation).
Our Service and subscriptions
The Service provides access to free and paid-for entertainment services through the following means:
- Freeview TV and radio channels through the Digital Terrestrial TV signal (requires a roof aerial).
- Catch-up TV services from Freeview Play accredited content providers (such as the British Public Service Providers – requiries an Internet connection).
- Free and paid-for On-Demand Music and TV services (requires an Internet connection)
- USB recording.
- Additional services requiring an Internet connection (such as Alexa voice control of the Device).
When accessing and using these services, some specific fees might be requested on a case by case basis. Before using these services you might be requested to approve specific terms and conditions. For more details please refer to our Site (http://www.netgem.co.uk).
Please note that the provided Service excludes any Internet connection subscription for which we recommend you to contact your Internet Service provider. Depending on your contract with your Internet Service provider, you may incur additional data charges from your provider when you access the Service.
The Service involves a subscription. The subscription gives you access to the Service for a period of one month. It is important to note that, at the end of this subscription period, your subscription will automatically renew (unless we are no longer offering the Service, in which case we will notify you) for another month (and continue to do so), unless you have already cancelled your subscription (see Subscription cancellation).
You acknowledge and agree that you are solely responsible for all use you make of the Service.
Charges and payment
The charges for Service are as quoted on the Three Platform from time to time. Charges include VAT.
Charges are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Membership Confirmation.
Payment for all orders will be made through your existing Three bill or Three account balance.
You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
If your subscription to a Service renews (see Our Service and subscriptions), charges for each renewal period (at the same level as the preceding subscription period, unless the charges have increased, in which case we will notify you beforehand) will automatically be charged to your account, in advance, on the renewal date (or shortly before or after), unless you have already cancelled your subscription (see Subscription cancellation).
You are responsible for all charges to your account. If you have questions regarding charges to your account, you should contact us (see Contacting us).
If you do not pay the charges you owe on time (including if any correct charge to your credit or debit card is not authorised), we may suspend or terminate your access to the Service (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until the account is closed. You will be required to return the Device in accordance with the Returns and Service suspension and termination sections below. Failure to do so may incur a Device Purchase Fee of up to £50.
Changes to the Service, charges and terms
As it is our policy continually to review and update our Service offerings, we reserve the right to make changes to the Service, charges and/or to these terms from time to time, provided that we will not, unless you agree, make any changes in respect of the Service you have already already paid for that would significantly reduce the type or level of service you receive (except if we need to do so for security, legal or regulatory reasons) and/or increase the charges you are obliged to pay.
We will always give you as much notice as we reasonably can of such significant changes on the understanding that you have the option of accepting them or cancelling your Service subscription without penalty, in which case, you should notify us that you wish to cancel your subscription (see Subscription cancellation). If you do not cancel your subscription before the date on which the changes come into effect (which we will notify to you), this will mean that you have accepted them.
Consumer cancellation rights
You normally have the right to cancel a Contract within 14 days after the date we send you the Membership Confirmation. However, you acknowledge that we provide the Service from the time you receive the Membership Confirmation (which, by placing your order, you request us to do) and that, if you activate the Device provided within the 14-day period, you will have no right to change your mind and cancel under the Consumer Contracts Regulations once the Service has been fully carried out. If you cancel before the Service has been fully carried out (and within the 14-day period) then the charge you pay us (and which we will deduct from any refund otherwise due to you) will be proportionate to the Service that has been carried out by the time you cancel, and will not exceed our reasonable costs of providing the Service up until that point.
You can turn on and use the Device to inspect it and to make sure you’ve received what you thought you were buying, but if any damage is caused, or it is used beyond what’s reasonable, we have the right to charge you for any loss in value to the goods as a result of your use or damage. You’re allowed to do what is reasonable to ensure you’ve received what you thought you were buying and that it works as expected.
If you do cancel a Contract during this 14-day cooling-off period, you must return the Device provided in accordance with the Returns section below within 14 days of notifying us of your decision to cancel. If you fail to return the Device during this period, we may charge you a Device Purchase Fee of up to £50.
We realise mistakes can happen, so we ask that you take care when returning the netgem.tv Box to us. If you don’t return the Device at all, we will not be able to process your request and you’ll continue to be charged in accordance with your agreed payment schedule with us.
To cancel a Contract, you must clearly inform us, preferably:
- by calling our customer support advisors on 0207 242 0163, Monday to Friday between 09:00 and 17:30; or
- by texting “STOP” to 78660.
Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Membership Confirmation. Nothing in this section affects your legal rights.
If you cancel a Contract within the 14-day cooling-off period (see above), we will process any refund due to you as soon as possible upon receipt of the Device in accordance with the Returns section below.
If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
Refunds will be issued by cheque to the address you provided during the ordering process.
If the Service you order is defective (in other words, it does not comply with the requirements of the Contract), you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe a Service is defective, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference. Nothing in this section affects your legal rights.
Subject to your Consumer cancellation rights, if you do not wish your subscription to the Service to renew automatically at the end of the then-current subscription period you must notify us by:
- calling our customer support advisors on 0207 242 0163, Monday to Friday between 09:00 and 17:30; or
- texting “STOP” to 78660.
You will receive a text message and email confirming your cancelation of the Service.
You will continue to have access to the Service until the end of the then-current monthly subscription period (Stop Date), at which point your access to the Service may be limited.
You must return the Device within 14 days after the Stop Date. We will get in touch with you to arrange the free return as set out in the next section.
If you fail to return the Device within 14 days after the Stop Date we may charge you a Device Purchase Fee of up to £50.
You cannot otherwise cancel your subscription before the end of the then-current subscription period, unless:
- the Service to which you are subscribed ceases to be available or becomes degraded so as to materially and adversely affect that Service and it is not restored within 7 days; or
- we make changes, in the circumstances described under Changes to the Service, charges and terms, to which you do not agree.
In any of these cases, you should notify us (see Contacting us) that you wish to cancel your subscription in which case we will give you a pro-rated refund of the advance charges already paid by you, based on the unexpired portion of the then-current subscription period.
Following receipt and confirmation of your cancellation, we will contact you via email detailing our return process.
Our return process involves the collection of the Device via a courier service.
When you return the Device to us, you will need to include not only the Device, but also the original packaging, leads and connections and any manuals and accessories supplied with the Device.
The returned Device must be in good, resalable condition. Once the Device has been collected by the courier, we will conduct a final assessment to confirm this. If anything is damaged or missing, you may be charged for this up to the total value of the damaged Device.
You will receive details and a tracking number of the scheduled collection of the Device. If you are unavailable at the scheduled time, you will be able to reschedule with the courier.
If the courier is unable to retrieve the Device from you after several failed attempts, we may charge you for the total cost of the Device.
Service suspension and termination
We may cancel your subscription at any time for any or no reason on 30 days’ prior written notice to you. You will of course be entitled to continue using the Services until the end of the period for which you’ve paid before your subscription terminates. This does not affect any right to cancel you may have under the Consumer cancellation rights section above.
We may, with or without prior notice, terminate any Contract or suspend and/or terminate the Service and/or your use of your account in the event that:
- you cease to be an eligible Three customer;
- you have breached any of these terms;
- you fail to pay any correctly billed charges when due; or
- you become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.
If you have breached these terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
- issue of a warning to you;
- immediate, temporary or permanent withdrawal of your right to use the Service;
- legal proceedings against you for reimbursement of all recoverable loss and damage resulting from the breach; and/or
- disclosure of all relevant information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited, and we may take any other action we deem appropriate.
Upon termination of any Contract or Service or your account, for any reason (including where, in accordance with these terms, you cancel or do not renew your Service subscription):
- all rights granted to you under these terms will immediately cease;
- you must promptly discontinue all use of the relevant Service and return the Device to us within 14 days in accordance with the Returns section above; and
- you must pay us all outstanding amounts that you owe us.
If you fail to return the Device within 14 days we may charge you a Device Purchase Fee of up to £50.
We may transfer our rights and obligations under these terms of service to another organisation and/or affiliate company. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
These terms of service are between you and us. No other person shall have any rights to enforce these terms.
Each of the paragraphs of these terms of service operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these of service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you, or that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, but that will not mean that we will automatically waive any later default by you.
These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.
These terms shall be governed by English law, except if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law.
You agree that any dispute between you and us regarding these terms or any Contract will only be dealt with by the English courts, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
If you wish to contact us, please send your correspondence by mail to NETGEM UK, Kingsway House, 103 Kingsway, London, WC2B 6QX or by e-mail to firstname.lastname@example.org
If we have to contact you, we will do so by e-mail to the e-mail address you provide.
Model Cancellation Form
To Netgem UK LTD Kingsway House, 103 Kingsway, London, WC2B 6QX or by e-mail to email@example.com:
I/We* hereby give notice that I/we* cancel my/our* contract for the supply of the following service:
Ordered on*: …………………………………………………
Names of consumer(s): …………………………………….
Address of consumer(s): …………………………………..
Signature of consumer(s) (only if this form is notified on paper): …………………………………
*Delete as appropriate