Terms

The information below tells you how you may use the Ketchup TV channel, App and website (our Services) for your own personal, non-commercial use. Please read these terms and conditions (the "Terms") carefully before using Ketchup TV's services.

Who provides the Services?

Ketchup TV is a trading name of Videoondemand365 Limited (company number 07939617), whose registered address is James House, Stonecross Business Park, Yew Tree Way, Warrington, England, WA3 3JD.

Why should you read these Terms?

Please read these Terms carefully before using the Services. By accessing and continuing to use the Services, you agree to be bound by the version of these Terms in force at that time. If you do not agree with any of our Terms, then you should not use our Services.

Will these Terms change?

We may update and amend these Terms from time to time and the current version of these terms will be posted on our Services. The version of these Terms that are current at the time you use the Services will apply to your use of those Services. It is your responsibility to ensure you review these Terms regularly to familiarise yourself with any changes. Your use of the Services following any such changes will constitute your acceptance of the revised Terms.

Will any other Terms and Conditions apply to use of the Services?

In addition to these Terms, please read our Privacy Policy posted on our Services, which contain important information about how Ketchup TV uses any personal information about you that it receives through your use of the Services.

Who is responsible for the availability and content of the Services?

The Services are made available to you by Ketchup TV at our sole and absolute discretion. We may modify or withdraw Services, or the period during which they are available, at any time at our sole and absolute discretion. We may do this without notice to you. We have absolute editorial control over our Services at all times.

Who can use our Services?

Subject to the section below, you must be at least 18 years old to use our Services.

Any user under 18 years old, must have their parent's or guardian's permission before using our Services; and their parent or guardian must agree to these Terms on their behalf before using our Services.

Can I access the Services from anywhere?

Our Services use "geo-blocking" measures to prevent you from accessing them from outside the United Kingdom. This is necessary for us to ensure that we comply with the terms of our broadcast and content licences.

What are your obligations?

By accessing any part of the Services, you agree that you will only use such Services:

• for your own personal, non-commercial use;

• for lawful purposes; and

• in a manner which does not infringe the rights (e.g. copyright) of, or restrict or inhibit the use and enjoyment of these Services by, any third party.

You understand and accept that the hardware you use to access our Services may require certain software in order for the Services to work correctly and it is your sole responsibility to ensure that you have the required software before accessing those Services. In order to use the Services, you may be required to obtain certain updates and/or upgrades to your hardware. You are solely responsible for any costs and/or fees associated with any such updates/upgrades to any hardware or software.

You agree to compensate us in respect of any damages or losses suffered by us as a result of any claim made by a third party relating to i) your use of the Services in breach of these Terms (or any other applicable terms), or ii) your violation of any applicable law or regulation when using the Services.

You promise to us that you are authorised to agree to these Terms and any other terms that apply to the use of our Services (including but not limited to our Privacy Policy.

What are the restrictions on using our Services?

By accessing any part of our Services, you agree that you will not:

• use such Services to reverse engineer, de-compile, disassemble, copy, reproduce, communicate and/or make available to the public, republish, download, post, record, broadcast or transmit or use in any other way the Services (or any part thereof including but not limited to any content or software code) except as permitted by us;

• use such Services in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person;

• use such Services to in any way infringe the privacy or other rights of other users of the Services;

• charge (whether directly or indirectly) others to use all or any part of the Services;

• commercialise or attempt to commercialise all or any part of the Services;

• permit or assist in any way any third party to use the material or content made available by Ketchup TV via the Services in an unlawful manner or in a manner which could infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party;

• utilise ‘plugins’ or any application(s), software or associated tool(s) which change the content of the Services;

• do anything that may cause damage to the Services or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data;

• do anything that subjects our Services to any derogatory treatment or brings (or might bring) our Services into disrepute;

• misuse or do anything that disrupts all or any part of the Services, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful;

• attempt to circumvent any geo-blocking measures to access from anywhere outside the United Kingdom, all or any of our Services (including but not limited to the Website) that use "geo-blocking" measures to prevent you from accessing them from outside the United Kingdom (which are necessary for us to ensure that we comply with the terms of our broadcast and content licences);

• attempt to or actually circumvent any software and/or technical measures we use to regionalise our Services within the United Kingdom in order to access all or any part of our Services that are not available within your region of the United Kingdom;

• penetrate, remove or otherwise alter or interfere with any security measures that we use to protect the material and content made available via our Services, or attempt to do so or assist any other person in doing or attempting to do so;

• state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to any of our Services; or

• block, disable, obscure or impair any advertising on the Website or served or included in the Services.

Do you need to register to use the Services?

You may be required to register your details for certain of our Services and open a user account that you can then use to access and log on to use those Services. You may change or update your user name and password or other details at any time via your account. You promise that all information and details provided are true, accurate and up to date in all respects and at all times.

You are responsible for all activity that occurs under your user name and password. You must keep any password confidential and we will not be responsible where your password is used by someone else. You should notify us immediately of any unauthorised use of your account and any breach of security as soon as you become aware of it.

What are our rights in relation to your use of the Services?

We reserve the right to suspend, restrict or terminate your access to all or any part of the Services at any time at our sole and absolute discretion.

We may also permanently ban or temporarily suspend you from using the Services if you do not comply with these Terms or any other applicable terms, at our sole and absolute discretion.

What are our obligations and limits on liability?

All of our Services are provided on an 'as is' and 'as available' basis. We cannot promise that our Services will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the Services will be available on all devices. We make no guarantee that all or any features of the Services will work on any particular device.

The Services may be suspended temporarily and without notice for any reason including without limitation in the case of system failure, maintenance or repair or due to events reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Services is unavailable, discontinued, modified or changed in any way.

Where you are required to obtain certain updates and/or upgrades to your hardware or software in order to use the Services, you are solely responsible for any costs and/or fees associated with any such updates/upgrades and we make no guarantees in respect of the compatibility of your hardware or software with the Services and/or any updates/upgrades.

In addition to other specific exclusions of liability set out in these Terms, we do not accept any liability for:

• any damage or loss caused to you while using our Services in breach of these Terms, including but not limited to where you are using our Services for purposes other than your own personal, non-commercial use;

• any loss of data that results from your use of the Services;

• any loss of income, revenue, business, profits or contracts that results from your use of the Services;

• any failure, suspension and/or termination of access to the Services and/or any content in connection with or arising out of an event which is outside our reasonable control (including but not limited to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents);

• any claims brought against you by a third party except as stated in these Terms; and/or

• any damage or loss caused to you where such damage or loss (i) is not reasonably foreseeable to you and us when you use the Services or (ii) is reasonably foreseeable to you and us but is only indirectly related to your use of the Services; in both cases including where the damage or loss results from our breach of these Terms.

Any content or other materials included in the Services do not, and are not intended to, amount to advice on which you should rely. Consequently we do not accept any responsibility or liability for any actions or omissions that you may take in reliance on such content or materials.

Nothing in these Terms will:

• restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen's Advice Bureau); or

• limit our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or other liability which cannot be excluded or limited under applicable law.

Who owns the intellectual property in the Services?

All copyright, trademarks, design rights, patents and other intellectual property rights (whether registered or unregistered) in our Services and all material or content made available by Ketchup TV via our Services (excluding any User Generated Content (see below)) are and will remain at all times the property of Ketchup TV (or Ketchup TV’s licensors or third parties, as applicable).

Who can use the intellectual property in the Services?

The names, images and logos identifying us, our partners or third parties and our/their products and services contained in the Services are proprietary marks and may not be reproduced or otherwise used without our express permission.

Nothing contained in these Terms grants you a licence or a right to use any copyright, trade marks, design rights, patents or other intellectual property right owned or controlled by Ketchup TV, its licensors or any third party, except to the limited extent necessary to receive the Services.

Can the content of the Services be copied?

You may not copy all or any part of any materials or content made available by via our Services except to the extent permitted in these Terms, or expressly by us, or at law.

If the Services are accessed by an authorised person for or on behalf of an educational establishment for the non-commercial educational purposes of that educational establishment then, provided that the educational establishment:

• holds a current licence with the Educational Recording Agency (ERA); and

• complies with these Terms,

• the non-commercial access to our Services permitted by these Terms will also apply to non-commercial educational use within the scope of the ERA licence held by that educational establishment.

Is payment required to use the Services?

Our Services are funded by advertisements and we do not charge you, the User to use our Services.

Who is responsible for third party content and services?

These third parties are companies wholly independent of us and are solely responsible for all aspects of any transaction you may make using such services. These third parties may have their own privacy policies and/or terms and conditions of use. Your use of such third party websites and services will be governed by their terms and conditions and privacy policies, we therefore recommend you read such terms and conditions and privacy policies and you agree to comply with them. For the contact details of the applicable third party see that third party's terms and conditions available or referred to on the applicable Platform.

You are free to choose whether or not to make use of such third party services. Consequently, we do not accept any responsibility or liability for content incorporated in our Services in this way or any actions or omissions that you may take in reliance on it. We are not responsible for the contents (including the Distributed Content) or availability of such third party websites or services (including the failure of any links to them). We do not endorse the material contained in their websites or services. Any links to third party services are provided for your convenience only.

If you use a third party service, you agree that: (i) we won't be party to any transaction or contract with a third party that you may enter into (which may include, but is not limited to, a transaction or contract where the third party sells or otherwise provides Distributed Content, or access to Distributed Content, to you pursuant to that transaction or contract); (ii) we will not be supplying those services (including, where applicable, any Distributed Content) to you; and (iii) we won't be liable to you for any loss or damage which you may suffer by using those third party websites and/or services (including any use by you of Distributed Content). You agree that you will not involve Ketchup TV in any dispute you may have with such third party websites and services

These Terms are available in English only and are governed by and construed in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.

Ketchup TV updates these Terms from time to time so please review them regularly.

These terms were last updated on 14th August 2020.

Contact Details

If you have any questions, queries or complaints then you can email us at support@ketchuptv.co.uk or call us on 01223750038 or write to us at Videoondemand365 Limited, James House, Stonecross Business Park, Yew Tree Way, Warrington, England, WA3 3JD.