Sure Tv

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SURE TV Service Specific Terms and Conditions These terms and conditions read in conjunction with the general terms and conditions set out the agreement between Sure (Isle of Man) Limited (“Us”, “We”, “Our”) and you, the Customer (“You”, “Your”). In the event of a conflict, the service specific terms and conditions contained in this document shall prevail over the Sure (Isle of Man) Limited general terms and conditions. Your use of the Sure TV service shall be governed by the terms and conditions mentioned above to the exclusion of all other terms or conditions. Please ensure that You read them carefully. 1. DEFINITIONS 1.1. The defined terms contained in the general terms and conditions shall apply to these service specific terms and conditions and in addition the following words have the following meanings: “Acceptable Use Policy” means the acceptable use policy as published on Our Website and as amended from time to time by Us; “Agreement” means the service specific terms and conditions set out in this document in conjunction with the General Terms and Conditions, the Acceptable Use Policy and any schedule, appendix, or Order Form; "Broadband Service Number" means the unique number that is designated to each Direct Exchange Line on which Your Broadband Service resides; “Broadband Service” means a service that enable fast Internet access that is always on; “Content” means any information, graphics, audio, video, text or other computer files accessed through Sure TV; “Customer Support Centre” means Our customer support centre, the contact details of which can be found on Our Website; “Direct Exchange Line” means the telephone line through which a customer accesses voice and data services; “End User Licence Agreement” means a legal contract between a software owner, licensor, developer or vendor and the user of the software; “EPG” means the electronic programme guide accessible through Sure TV and/or the Sure TV App; “General Terms and Conditions” means the Sure (Isle of Man) Limited general terms and conditions as published on Our Website and as amended from time to time by Us; "IPTV" means Internet Protocol television, a system through which television services are delivered via a Broadband Service. “Minimum Period” means the minimum contract period of 12 months from Service Activation; “Order Form” means the order form completed and signed in-store or pre-completed online on Our Website and signed in-store; “Our Website” means www.sure.com; "Premium Content" means Content provided through the Service via a Broadband Service that can only be accessed if You pay an additional fee or if You subscribe to a pricing plan which includes access to Premium Content; "Permitted Territory" means the Isle of Man in which We permit You to use and access the Service; “Price Plan” means Our price plan as published on Our Website and as amended from time to time by Us; Sure – Sure TV – Issue 2 – June 2013 “Privacy Policy” means the privacy policy as published on Our Website and as amended from time to time by Us; "Service" means the television service provided to You by Us under these terms and conditions, including broadcast television, Premium Content and Video on Demand services and any software applications; “Service Activation” means the date on which the Order Form is signed and You receive the Set Top Box whereby the Service is activated for use. “Service Specific Terms and Conditions” means, in relation to Sure TV, the terms and conditions contained herein; “Standard Warranty” means the warranty provided by Us to You that the Set Top Box is free from defects in materials and workmanship under normal use during the Standard Warranty Period, subject to the terms of this Agreement; “Standard Warranty Period” means a period of 12 months starting from the date when Set Top Box is supplied to You during which Our Standard Warranty in respect of the Set Top Box is valid; "Set Top Box" means a set top box device provided by Us to You that enables You to access the Service via Your television and a broadband connection point; "Sure TV" means the Service provided by Us to You; “Sure TV App” means the Sure EPG application for certain mobile telephones; "Telecommunications Equipment" means equipment designed, constructed or adapted for use in connection with the establishment or operation of a Telecommunications Network or the provision of a telecommunications service, including telecommunications apparatus, poles, structures, ducts, man-holes and other tangible property; “Telecommunications Network” means a network comprising telecommunications equipment for the emission, transmission, switching, conveyance or reception of messages through the agency of electric, magnetic, electro-magnetic, electro-chemical, electro-mechanical or electro-optical energy or by opticelectronic means; "TV Licence" means the television licensing system operated by the BBC; “Video on Demand” means a system that allows users to select video content on demand; “Video on Demand Content” means Content available through the Video on Demand system accessible through Sure TV; 1.2. Headings shall not affect the interpretation of this Agreement and words in the singular shall include the plural and vice versa and a reference to a gender shall include the other gender. 1.3. A reference to a statute or statutory provision shall include any amendment, extension, or reenactment and includes any subordinate legislation for the time being in force made under it. 1.4. Where the words ‘include(s)’, ‘including’ or ‘in particular’ are used in this Agreement, they are deemed to have the words ‘without limitation’ following them. Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them. 2. STARTING THE SERVICE 2.1. In order to access digital terrestrial television through Sure TV, You must have a working TV aerial and television set. 2.2. In order to access online features (including but not limited to IPTV channels), You must have a working Broadband Service with at least 2Mbps of bandwidth available per Set Top Box. Please note Sure – Sure TV – Issue 2 – June 2013 that in order to access the all of the features available You may need to be a subscriber to Our Broadband Service; 2.3. You must: 2.3.1. purchase the Service; 2.3.2. register to use the Service; 2.3.3. install the Set Top Box obtained from Us; 2.3.4. connect the Set Top Box to a working TV aerial, television set and a Broadband Service; 2.3.5. only use the Set Top Box provided by Us to access and use the Service; and 2.3.6. only access the Service from within the Permitted Territory. 2.4. Upon purchase, We will provide You with a Set Top Box for use with the Service. The Set Top Box will include all standard cable and power leads which You would need to use the Service, comprising of an HDMI cable and a scart cable, but depending on Your home configuration, You may need other equipment to use the Service which is not provided by Us. 2.5. We will begin the Service at the date of Service Activation and the Minimum Period for which You must subscribe to the Service is 12 months from that date. 2.6. To use certain additional services such as Premium Content and Video on Demand, You may need to subscribe to a third party provider and agree to applicable End User Licence Agreements. You will also need an active broadband connection in order to access these additional services and certain additional services may only be accessible to Our broadband subscribers. 2.7. You must ensure that You have obtained any necessary or desirable permissions or consents in relation to the installation and supply of the Service to Your home until its removal. 3. ABOUT THE SERVICE – WHAT WE PROVIDE TO YOU 3.1. We will provide You with the Service which shall include: 3.1.1. a range of programme content including but not limited to on-demand content (both free and payable on a pay per view or subscription basis), access to the digital terrestrial television channels available in the Permitted Territory and other broadcast television channels; and 3.1.2. interactive content and services including the ability to view, record, playback and pause applicable television and radio programmes made available through Sure TV. 3.2. Sure TV permits You to make recordings of programme content via the Set Top Box but You must not: 3.2.1. make unauthorised or unlawful copies of any Content or any part of it; 3.2.2. reproduce any recording made through Sure TV or any part of it; 3.2.3. distribute, transmit, re-transmit, re-distribute or re-broadcast any Content or any part of it; 3.2.4. record or use any recordings other than for personal use only and for the purposes of time shifting. 3.3. The Content provided through the Service may change from time to time. Access to all programmes and channels is subject to availability and We are not responsible for the continuation of the broadcast of any programmes or channels. We cannot guarantee the availability of any particular programme, channel, Premium Content, Video on Demand or similar Content. We cannot guarantee that all features and services will be available on Set Top Box or the Sure TV App and We reserve the right to decide if any feature or service is available to You either on Set Top Box or the Sure TV App or on both devices. 3.4. Content may be removed or withdrawn by a supplier of such Content or may become unavailable, in such case We will try to find an equivalent or similar Content as a replacement but this may not be possible and in such case, We will have no liability. We will continue to provide the remaining Content which forms part of the Service and You must continue to pay for such Service. Sure – Sure TV – Issue 2 – June 2013 3.5. We may change the Content available through Premium Content and Video on Demand or any additional service provided through the Service and/or Set Top Box at any time without prior notification. We may also include additional Content at no extra charge to You or optional Content that We may request an additional charge for. We may also reduce the fees for a limited period as part of a promotion for new or existing subscribers. We reserve the right to remove any Content, if We reasonably believe that there may be a breach of this Agreement, any applicable law or regulation or any third party rights. 3.6. We are not responsible for the quality of any programme content or for the quality of the broadcast as this is dependent on factors beyond Our control such as the quality of the wiring in Your house and the availability of free to air television channels in Your area. We are not responsible or liable for interruptions, reception, picture degradation or any other problems with the Service beyond Our reasonable control. 3.7. We cannot guarantee the accuracy of the information provided through the EPG and it is Your responsibility to ensure that the content of any viewing is suitable for all persons viewing it in Your home. Parental controls are available through Sure TV for certain on demand Content but it is Your responsibility to set up any such controls made available by Us. We are not responsible for the Content and You view it at Your own risk. 3.8. We may prevent the copying of any part of the Service. 4. USING THE SERVICE 4.1. You must keep the Set Top Box connected to a Broadband Service to activate and use the full Service. Failure to connect the Set Top Box to an active broadband connection will result in the loss of Service features and only the digital terrestrial television channels in the Permitted Territory will be available to You. 4.2. You must only access the Service from the Broadband Service Number and Direct Exchange Line registered for Your use of the Service. 4.3. You must ensure that You have sufficient bandwidth to access and use the Service and We are not responsible for the lack of bandwidth available in Your home or issues created by simultaneous data usage on Your broadband connection. 4.4. The Service is for home use only. The Service and any Content or recordings provided under it shall be viewed in the private home to which it is registered only. The Service must not be used or displayed in any retail, business or commercial premises or for any retail, business or commercial purposes. In the event that the Service is used as set out in this paragraph, We reserve the right to disable any Set Top Box being used in retail, business or commercial premises or used for any retail, business or commercial purposes. 4.5. We may ask You to do certain things or take certain actions in order to safeguard the security or quality of the Service. 4.6. We aim to provide You with a high quality Service but We do not guarantee either the quality of the Service or its availability at all times. Faults may occur but We will try to repair any faults as soon as reasonably practicable. 4.7. We may need to make changes to the Service or interrupt the Service but We will try to restore the Service as quickly as We can. 4.8. The Set Top Box permits You to record Content but We are not liable or responsible for any loss of any recorded Content or future set up recordings in any circumstances including as a result of software upgrades, reset procedures, repairs or faults. Sure – Sure TV – Issue 2 – June 2013 4.9. Any changes to a third party service are subject to the terms and conditions applicable to such third party services. Please see the relevant terms and conditions provided by the supplier of such service. 4.10. If You intend to use the Sure TV App You shall be responsible for providing suitable equipment, as necessary to enable You to access the EPG. We are not responsible for the use, suitability or compatibility of any such equipment. 5. WHAT WE NEED YOU TO DO 5.1. You must enter into and at all times comply with any applicable End User Licence Agreement required in order to access or use the Service, the EPG, the Sure TV App, Premium Content and/or Video on Demand either via the Set Top Box or any mobile device. 5.2. You shall only use the Service in accordance with this Agreement, the End User Licence Agreements, the Acceptable Use Policy and any applicable laws or regulations. Additional terms and conditions may be displayed online or elsewhere relating to particular Content (or any application provided to You as part of the Service). If You choose to access such Content and/or application You will need to comply with the terms and conditions that are applicable. 5.3. You shall comply with all applicable laws or regulations, instructions or guidelines issued by Us or regulatory authorities, relevant licences and codes of practice in relation to the Service. 5.4. You shall not use the Service or permit any other person to use the Service: 5.4.1. if no TV Licence has been obtained for the home in which it is used; 5.4.2. fraudulently or in connection with a criminal offence; or 5.4.3. in an unlawful manner, in contravention of any applicable legislation or licence or in contravention of this Agreement or Our Acceptable Use Policy. 5.5. You must not permit any other person to view Content via the Service if they are not of suitable age to view such Content. 5.6. You must use the Service for Your personal use only. 5.7. You are responsible for the use of the Service in Your home and in the event that anyone other than You, with or without Your consent or knowledge, breaches the terms of this Agreement, We will treat such breach as a breach by You. 5.8. You must provide Us with any information or documentation at any time which We reasonably require for the purposes of verifying Your identity, performing credit checks and providing You with the Service. 5.9. You must tell Us immediately if any third party makes or threatens to make any claim or issue legal proceedings against You relating to Your use of the Service and You will, at Our request, immediately stop the act or acts complained of. If We ask You to, You must confirm the details of the claim(s) in writing. 5.10. You are responsible for maintaining any equipment relevant to the Service including Your television set. You are also responsible for any Telecommunications Equipment and/or the Set Top Box which We provide at Your Premises and for its safe and proper use. You must not interfere with any Telecommunications Equipment and/or the Set Top Box, nor let anybody else do so, unless authorised by Us. If any part of Our Telecommunications Equipment is lost, destroyed or damaged, apart from fair wear and tear, You will be charged for its repair or replacement. 5.11. Where a firmware update is issued for the Set Top Box You will need to accept and install the automatic update in order to continue to use the Service. Certain upgrades may occur automatically and others may require You to accept them via Your Sure TV remote control Sure – Sure TV – Issue 2 – June 2013 5.12. You shall let Us or Our representatives enter Your home for the purpose of installing, maintaining or removing the Service, as applicable, as long as We show You an identity badge. We will meet Your reasonable requirements for the safety of people on Your home 5.13. You agree that: 5.13.1. all Content, software or other material protected by intellectual property rights are supplied to You for Your own private use only and You shall not supply the Content, software or other material to any other person or use it for any other purpose 5.13.2. all copyright, trademarks and all other intellectual property rights in all Content, software or other material supplied as part of the Service will remain Ours or, where applicable, Our Content partners. We hereby grant You a licence to use such rights for Your personal use of the Service only, in accordance with this Agreement; 5.13.3. You shall not copy, publish, rent, reproduce, republish, post, broadcast, transmit, retransmit, distribute, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit any the Content, the Set Top Box, the EPG, the Sure TV App, software or other material or exhibit it in any way other than for personal viewing or change any such materials; 5.13.4. You shall not make any Content from the Service available to the public, or any other person, persons or third parties or authorise or assist anyone else to do so, either via Set Top Box, Telecommunications Equipment, Customer Premises Equipment or any other device or means and You shall not show any part of the Service in public to an audience, even if no charge is made; and 5.13.5. You must not re-sell, hire or make any charge (or attempt to do so) in respect of the Service or any part of it including the Content, software or other material to any other party. 5.13.6. You must not use or reproduce any name, logo or trade mark of Ours, or any of Our third party suppliers, without prior consent in writing. 6. KEEPING THE SERVICE SECURE 6.1. You are responsible for the security and proper use of any required user IDs, PIN codes and passwords used in connection with the Service and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people. 6.2. You must immediately inform Us if there is any reason to believe that a user ID, PIN code or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way. 6.3. We reserve the right (at Our sole discretion) to require You to change any or all of the passwords used in connection with the Service. 6.4. You confirm and warrant that all the information supplied by You when You register for the Service is true, complete and accurate in all respects. 7. PROBLEMS WITH THE EQUIPMENT OR SERVICE 7.1. We shall provide You with support in accordance with the terms of this Agreement and shall provide You with Our Standard Warranty. If You are unable to receive the Service due to a manufacturing fault in the Set Top Box during the Standard Warranty Period, You must contact Us as soon as possible. 7.2. We shall be responsible for any repairs to the Set Top Box during the Standard Warranty Period and reserve the right to replace it with a new Set Top Box, at Our sole discretion, however: 7.2.1. Our Standard Warranty excludes damage caused by lightning or any other events of force majeure; normal wear and tear; improper and negligent use; third party interference (including hacking or any form of toll fraud, rogue dialling or other forms of fraud that causes Your equipment (including the Set Top Box) to incur charges that You are not aware of); use with products not specified to work with Your equipment (including the Set Top Box); Sure – Sure TV – Issue 2 – June 2013 7.2.2. We do not give any warranty that the Set Top Box provided as part of the Service is fit for any particular purpose or will interface with any other equipment of Yours nor support any particular software. 7.3. Your sole remedy under Our Standard Warranty shall be repair or replacement, at Our sole discretion, as provided in this Agreement. This does not affect Your statutory rights. 7.4. You must return any equipment to Us which You report as being faulty or which We inform You is faulty or in need of replacement for technical reasons. Faulty equipment must be returned to Our Sure store at Your cost. 7.5. We reserve the right to test any equipment reported by You to be faulty and if it is found to be in working order, We may either return it or provide You with a replacement. We may charge You for the cost of testing any such equipment and providing any replacement in the event that it is found to be in working order. 7.6. We may provide You with a replacement before You return the equipment to Us but You must still return the equipment to Us in accordance with paragraph 7.4 above. 7.7. If within one month of receiving replacement equipment, You have not returned the faulty equipment We may either interrupt, suspend or restrict access to the Service until You return the relevant equipment to Us or charge You for that equipment at the full rate. 7.8. Our Customer Support Centre will provide certain technical assistance to You and We do not guarantee that the advice provided by Our Customer Support Centre will necessarily resolve Your query. Depending on the support required, We may need to provide Your contact details to one of Our authorised third party suppliers who may be required to provide You assistance. We are not liable whether in contract, tort (including liability for negligence) or otherwise for any failures of any networks, equipment, software or applications which may be affected as a result of implementing recommendations advised by Our Customer Support Centre or any authorised third party acting on Our behalf. 7.9. Our Standard Warranty shall be invalidated, in Our sole discretion, by the Set Top Box having been subjected to misuse, abuse, neglect, accident, acts of God, external electrical fault, power surges or failure, damage occurred in shipment, acts outside of Our reasonable control or Our distributors, or from improper service or modification by anyone other than Us. The Standard Warranty shall also be invalid if Set Top Box’s serial number has been removed, defaced or altered in any way. The Standard Warranty does not cover other manufacturers’ computer hardware, components, accessories or expansion items unless authorised in writing by Us. 7.10. The Standard Warranty does not cover any damage or fault arising from wear, tear, misuse, accidental or deliberate damage, damage arising from use of equipment that is not supplied by Us with the Set Top Box, cosmetic damage which does not affect the functionality of the Set Top Box or damage caused by events outside of Our reasonable control. 7.11. The Standard Warranty is provided to You by Us and only applies to equipment provided by Us and does not apply outside of the Territory. 7.12. The Standard Warranty does not include software that may be included with the Set Top Box or embedded in it, however We will use reasonable endeavours to resolve any major faults identified in software included with or embedded in the Set Top Box. 8. MOVING HOME You need to tell Us in advance if You are moving home. Please contact Our Customer Support Centre to let them know Your new address and the applicable dates. Sure – Sure TV – Issue 2 – June 2013 9. CHARGES AND PAYMENT 9.1. You shall pay to Us on demand all applicable charges for the relevant Service at rates specified in Our Price Plan and/or Your Order Form. 9.2. We may make changes to the charges from time to time but We will inform You of any such changes by letter, email or public notice and in respect of changes to Our Price Plan, these will be published online on Our Website. 9.3. Subject to the terms of this Agreement, from the date of order all risk in the Set Top Box shall pass to You. In the case of Your first subscription, We will discount the price of the Set Top Box but if You end the Service within the Minimum Period, You will be liable to pay the balance of the price of the Set Top Box as set out in the Price Plan, less any amount which You have already paid for the Service. In the case of a multi room subscription, You must pay the price for the Set Top Box as set out in the Price Plan but if You end the Service within the Minimum Period, You will be liable to pay all monthly fees as set out in the Price Plan for the balance of the Minimum Period. 9.4. The Service comprises of two charges, firstly a non-recurring charge in respect of the Set Top Box and secondly a monthly recurring charge. These two charges will be applied to You as follows; 9.4.1. the non-recurring charge in respect of the Set Top Box will be discounted at point of sale; and 9.4.2. the monthly recurring charge will be discounted if Your account with Us has other services that qualify for a discount against the Service. The services that qualify for a discount are shown on the Price Plan and on Our Website. 9.5. In order to continue to benefit from any discounts applicable to this Service, You must: 9.5.1. take this Service for at least the Minimum Perm; and 9.5.2. continue to be a subscriber of any other services upon which the discount for this Service is based. 9.6. The price You pay for the Service is dependent on the other services provided to You by Us. You acknowledge that if You reduce other services provided by Us to You, You may no longer receive discounts against this Service, any discount provided will be pro-rated in any month of change. 9.7. Your ability to change Your current services provided by Us may be restricted. 9.8. Any additional services taken are subject to the terms of this Agreement and any other agreement in relation to those services. 9.9. If You ask Us to provide any extra services to You, You agree to accept those additional services for at least the Minimum Period that applies to such services. 9.10. You acknowledge that in the event that You cancel or terminate all services received from Us, You will be liable for the full monthly fee as set out in the Price Plan for the remainder of the Minimum Period and the Service will continue at such price until the expiry of the Minimum Period. 9.11. It is only possible to have one standard Service at discounted rates per household but You can subscribe to Our multi-room Service and have more than one Set Top Box but only if You have subscribed to and maintain a primary Sure TV Service in Your home. If You decide to terminate the Your primary Sure TV Service or it is terminated by Us in accordance with this Agreement, the price charged to You for the multi-room Service will change to the price applicable to sole primary Sure TV Service, as set out in Our Price Plan. 9.12. Premium Content may be available to You under Your pricing plan and/or You may be required to pay additional charges. 9.13. You shall be responsible for: Sure – Sure TV – Issue 2 – June 2013 9.13.1. any charges of any nature incurred by You from any third party as a result of any authorised or unauthorised use of Your login credentials, password, or PIN as applicable , and/or the Service; 9.13.2. any charges of any nature that may be incurred by Us as a result of any authorised or unauthorised use of Your login credentials, password, or PIN as applicable , and/or the Service; 9.13.3. any direct or indirect charges of any nature incurred as a result of any authorised, or unauthorised use of the Helpdesk regarding Your account for whatever reason; and 9.13.4. any charges of any kind incurred as a result of using the Service. 10. YOUR PERSONAL DATA 10.1. We will use and safeguard the personal data provided by You in accordance with Our Privacy Policy. 10.2. You acknowledge that any information provided directly by You to Our third party suppliers to enable You to receive Video on Demand Content and/or Premium Content is beyond the scope of this Agreement and such data is not within Our control. We accept no liability in respect of any data provided by You to a third party supplier. 10.3. We reserve the right to complete credit checks against You at any time by completing searches with credit reference agencies who supply credit reference information. Such agencies may record the details of each search, even if the application does not go ahead. We may use the information obtained through a credit check in relation to Your application for Service, debt tracing and the management of Your account with Us. 10.4. In the event that the Service is suspended or terminated You agree that We may supply Your name, address and contact details to the owner of any Video on Demand Content and/or Premium Content that is subject to unauthorised use, subject to all applicable data protection laws. 11. SUSPENDING THE SERVICE 11.1. Without prejudice to Our rights to terminate this Agreement or any other rights of suspension, We may immediately, without notice, suspend Your access to the Service if: 11.1.1. maintenance, repairs or improvements to the Service, or any part of it, are required; 11.1.2. We are required to do so by law; 11.1.3. You fail to pay for the Service, or other services from Us, by any method other than that agreed between Us; 11.1.4. You fail to meet any credit conditions; 11.1.5. We believe that You have breached the terms of this Agreement or have used or are using the Service in a manner which does not comply with the terms of this Agreement; 11.1.6. if, following routine system administration of the Service (including without limitation server, network and security monitoring, and monitoring for unattended logins), We detect that Your use of the Service impairs the integrity of the system and/or the Telecommunications Network used to provide the Service or causes detrimental performance of the Service to You or any other customer. 11.2. We may, in Our sole discretion, reconnect the Service upon receipt of appropriate assurances from You that You will not use the Service in such manner as has given rise to the suspension. 11.3. In the event that the Service is suspended as a result of Your actions, You shall remain liable to pay for all Charges in respect of the Service during the period of suspension and shall be liable for any additional costs or fees incurred by Us in suspending and/or reconnecting the Service. 12. ENDING THE SERVICE AND THIS AGREEMENT 12.1. If You have requested the Service but wish to cancel it, You can only do so before Service Activation. Sure – Sure TV – Issue 2 – June 2013 12.2. After the Service Activation, if You terminate during the Minimum Period, You will be liable for all charges in respect of any outstanding term of Your Minimum Period at the full undiscounted rate and may be liable for the balance of the price of the Set Top Box as set out in the Price Plan, less any amount which You have already paid for the Service. 12.3. After the expiry of the Minimum Period, You may terminate this Agreement at any time upon giving Us one months’ prior notice in writing. 12.4. If We terminate this Agreement, We will refund to You any monies owing by Us to You. We reserve the right to deduct any monies owing to Us from any such refund due to You. If We have terminated the Service as a result of Your actions, You will be liable for all charges in respect of any outstanding term of Your Minimum Period and may be liable for the balance of the price of the Set Top Box as set out in the Price Plan, less any amount which You have already paid for the Service. 12.5. If We terminate this Agreement, You are responsible for terminating any contract between You and the supplier of any Video on Demand and/or Premium Content. 12.6. If We cancel, suspend, or terminate Your Sure Broadband Service, You will no longer be able to access or use Sure TV other than to view the free to air channels and/or services. 13. OUR LIABILITY TO YOU 13.1. Without prejudice to any other terms of this Agreement, We exclude all liability in respect of: 13.1.1. the Content and the availability of the Content and the Service including in connection with or arising from any interruption or other failure to the transmission, reception or distribution of the Service; 13.1.2. Your use of the Service and any other person, persons or third parties who access the Service through Your account; and 13.1.3. any disruption, loss and or damage to Your data or equipment that may occur while You are using: (i) the installation application that We supply to You, (ii) the Service or (iii) the Set Top Box or any other equipment supplied by Us. 13.2. You shall indemnify Us against all claims, liabilities, costs, losses and expenses which may be made or asserted by any person, persons or third parties that use the Service through Your account. 13.3. You agree that We shall have no liability whatsoever for Your use of the Service provided. You shall indemnify and hold Us harmless from any claims, damages, liabilities, costs and fees (including, reasonable legal fees) arising from Your use of the Service (including, any use which infringes the rights of any other person or entity) as well as from Your failure to comply with these Service Specific Terms and Conditions and any other term or condition of this Agreement. 13.4. Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between You and such third party. You agree that We shall not be responsible or liable for any loss or damage of any kind incurred by You as the result of any such dealings or as the result of the presence of such third parties on the Service. 13.5. We are not responsible for any Content or links to other websites and resources provided by third parties, any such links are provided for Your information only. The existence of a link to another website does not imply or express endorsement of its provider, product or services by Us. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them or Your reliance on content contained in them. 13.6. You accept that We and Our third party suppliers do not guarantee the accuracy or completeness of any data and/or information contained in any broadcast. We and Our third party suppliers shall not be liable, directly or indirectly, in any way to You for any inaccuracies or errors in or omission of any information or data in any broadcast, or for any delays or errors in the transmission of such Sure – Sure TV – Issue 2 – June 2013 information or any loss or damage arising out of such information or the interruption in any such information or data transmitted for any reason. 14. TRANSFER OF AGREEMENT BY YOU You shall have no right to transfer this Agreement, the Service or Your account to any other person. This Agreement is personal to You. 15. FURTHER TERMS AND CONDITIONS You acknowledge that further terms and conditions applicable to the provision and use of the Service are contained in the General Terms and Conditions and in particular relating to default, suspension, termination, confidentiality, assignment, indemnity, liability, matters beyond reasonable control, notice, use of information, severability, variation, waiver and law. Sure – Sure TV – Issue 2 – June 2013