Terms & Conditions
By ordering and/or receiving the Service offered by us, you acknowledge that you agree and accept these terms and conditions (the "Terms and Conditions"). References to "PBL", "we" or "us" in these Terms and Conditions refer to Portland Broadcasting Limited, whose registered office is 1st Floor La Chasse Chambers, Ten La Chasse, St Helier, Jersey JE2 4UE and whose principal place of business is Cotswold House, 219 Marsh Wall, London E14 9FJ.
- Subscription Payments
- Accessing the Service
- Availability of the Site
- Data Protection
- Providing information when you Register for the Service
- Variation in the Conditions
- Transfer of rights and obligations
In these Terms and Conditions:
"Data Protection Legislation" means (1) unless and until the General Data Protection Regulation (GDPR) is no longer directly applicable in the United Kingdom, the GDPR ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time in the UK, and then (2) any successive legislation to the GDPR or the Data Protection Act 1998.
"Service" means access to VOD on a subscription basis subject to these Terms and Conditions.
"PBL" means Portland Broadcasting Limited (registered in Jersey under Company No: 77485) whose registered office is 1st Floor La Chasse Chambers, Ten La Chasse, St Helier, Jersey JE2 4UE and whose principal place of business is Cotswold House, 219 Marsh Wall, London E14 9FJ.
"Subscriber", "you" or "your" means you.
"Subscription Payment" means the fee paid by the Subscriber monthly (elected upon registration) for access to the Service. "Terms and Conditions" or "Conditions" means the standard terms and conditions set out in this document and any variation which will be notified to you and made available online via www.zaucey.com/terms.
"VOD" means the video on demand content distributed by PBL (or under licence from PBL) over the internet via streaming and/or progressive downloading in accordance with PBL's Terms and Conditions.
- By registering on the Site and creating a Membership you agree to pay us the amount specified in our pricing schedule shown on the Site.
- PBL may increase the subscription payment at any time by giving you one month's notice. PBL may increase the Subscription Payment only once in the minimum period this increase will not be more than the greater of (a) 12.2% or (b) the increase in the Retail Price Index over the twelve months before PBL implements the price increase. No such price increase will be made during the first 60 days from your registration.
- The Subscriber hereby gives PBL authority to alter the Subscriber's direct debit instruction according to the Subscription Payments from time to time applicable to the Service.
Accessing the Service
You will be able to register for, access and/or view the Service in accordance with our instructions from time to time. Such instructions may be provided to you by us or our customer services representatives. We reserve the right to change the way in which you register for, access and/or view the Service at any time.
Availability of the Site
This Site and the services are provided on an "as is" and "as available" basis. We make no promise that you will be able to access the Site or that it, or the services available through it, will meet your requirements. We also make no promise that the Site or the services you receive through the Site will be fault free, uninterrupted, timely, secure or available when you want it or them.
We may occasionally restrict your access to the Site, or particular services, to make repairs, to maintain the Site or to introduce new facilities or services to the Site.
Providing information when you Register for the Service
- By registering on the Site you will be confirming that the details you provide are correct and complete. You will also be confirming that either you are the registered owner of the credit or debit card, the details of which you provide, or that you have the permission of its registered owner to provide those details in registering on the Site. We reserve the right to cancel your Membership if this confirmation is untrue.
- You must inform us of any change to any details you provide immediately by emailing us at firstname.lastname@example.org.
PBL shall be under no liability under this Agreement in respect of:-
- any defect in the receiving equipment used by you;
- any failure or delay in its performance of this Agreement (including but not limited to the provision or suspension of the Service or any part thereof) attributable to any cause outside its reasonable control;
- any loss or damage caused by PBL or any of PBL's officers, employees, or agents, where: (a) There is no breach of a legal duty of care owed to you by PBL or any of PBL's officers, employees, or agents, or (b) such loss or damage is not a reasonably foreseeable result of any such breach (which includes but is not limited to loss of profits);
- termination of this Agreement in accordance with Condition 10.
You are prohibited from:-
- copying, redistributing or relaying the Service or any part thereof other than in your domestic home and for personal domestic use only;
- selling or making any charge for viewing the Service or any part thereof.
Variation in the Conditions
- PBL may not change or add to Condition 2 and 10 except for legal, security or regulatory reasons.
- PBL may not change or add to any other Condition unless it is reasonable for it to do so.
- PBL will give the Subscriber at least one month's notice of any changes or additions.
- PBL may terminate this Agreement at any time by giving seven day's written notice in the event that you breach any of the Conditions of this Agreement.
- PBL may terminate this Agreement by giving at least one month's written notice. For the avoidance of doubt, the term of this Agreement will automatically continue beyond the minimum period unless so terminated.
- No refund of subscription payments will be made to you where PBL terminates this Agreement according to Condition 11
- Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the "Regulations") the Subscriber has the right to cancel this Agreement within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which the Subscribers access to the Service starts. To exercise the right to cancel, the Subscriber must inform PBL of their decision to cancel this Agreement by a clear statement (e.g. a letter sent by post or email using the contact details provided above). To meet the cancellation deadline, it is sufficient for the Subscriber to send their communication concerning their exercise of the right to cancel before the cancellation period has expired.
- If the Subscriber cancels this Agreement during the cancellation period pursuant to the Regulations, PBL will reimburse them with all payments received from the Subscriber without undue delay, and not later than 14 days after the day on which PBL is informed about the Subscriber's decision to cancel their Membership. However, PBL shall retain an amount which is in proportion to the services that have been performed until the Subscriber has communicated to PBL their cancellation from this Agreement, in comparison with the full coverage of the Agreement. PBL will make the reimbursement using the same means of payment as the Subscriber used for the initial transaction, unless the Subscriber has expressly agreed otherwise; in any event, the Subscriber will not incur any fees as a result of the reimbursement.
Transfer of rights and obligations
This Agreement is personal to you and you may not assign or transfer to any other person any of your rights or obligations under the Agreement. We may be required to transfer some or all or our rights or obligations under this Agreement to a third party ("the transfer") in connection with a reorganization of our business. You now give your consent in advance to any such transfer. In consideration of your consent, we shall ensure that you are notified of any proposed transfer as soon as practicable before or promptly after the transfer has taken place; and the transferee shall be able to provide the same quality and type of service that you currently receive from us under this Agreement. The effect of any transfer will be to ensure that the relevant rights and obligations under this Agreement are enforceable against or by the transferee, in place of PBL
Any notice to be given in writing under this Agreement by either party shall be deemed to have been duly served;
- if delivered personally, at the time of delivery;
- if sent by pre-paid first or second class post, on the second clear day after the date of posting;
- if sent by fax or email, at the time of transmission by the sender, to the postal address, fax number or email address of the other party, stated overleaf, or to such other address, fax number or email address which such other party may supply in writing to the Sender.
These Conditions and this Agreement are governed by English Law and the English courts shall have exclusive jurisdiction.