Note: If you are a ThreeUK Netgem TV member, please refer to the “Netgem TV – Three Subscriber Terms of Service”
Last updated APRIL 2020
You just purchased a Netgem TV device and you are about to create a Netgem TV Account on the netgem.co.uk website and we thank you for that. In order to fully benefit from the Netgem TV’s entertainment services as displayed on your device you will need to create your Netgem TV Account. Please note that the ordered device and any included voucher are strictly personal and cannot be resold in any manner whatsoever.
ABOUT NETGEM TV
Netgem UK is a private limited company based in London, with its head office at Kingsway House, 103 Kingsway, London, WC2B 6QX. Netgem TV is a Entertainment & TV Service provider. You can find any additional information on our activity and legal structure by clicking on the following link: http://www.netgem.com
By setting up a Netgem TV Account on Netgem TV’s website you acknowledge and warrant that:
you are resident in the United Kingdom;
you are at least 18 years old;
When setting up your Netgem TV Account, you will be requested to provide certain type of information (to the exclusion of any personal financial information such as a credit card number for instance). You warrant that any information you provide to us will be (i) accurate, current, and complete; (ii) updated when there is a change; and (iii) your own information and not that of another individual. If you provide any information that is untrue, inaccurate or incomplete, or we have reasons to suspect that such information is untrue, inaccurate or incomplete, we retain the right to suspend or terminate the Netgem TV Account you have established and/or to refuse any or all current or future use of the Netgem TV Account or any devices linked thereto.
We strongly recommend you not to reveal your Netgem TV Account information to anyone, as you are solely responsible for maintaining the confidentiality of your Netgem TV Account, login ID and password (as provided by you to Amazon), and for all activities that occur on or through your Netgem TV Account. You agree to immediately notify Netgem TV of any unauthorized use of your Netgem TV Account, or any other security breach involving your Netgem TV Account. You agree that Netgem TV will not be responsible for any losses arising out of any unauthorized use of your Netgem TV Account.
When you use any Netgem TV Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Netgem TV Services. For contractual purposes, you expressly consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
BY ACTIVATING YOUR “AMAZON PRIME VOUCHER” YOU ARE AGREEING TO EXPRESSLY WITHDRAW YOUR CANCELLATION RIGHT RELATING TO THE ORDERED DEVICE. YOU ACKNOWLEDGE THAT ONCE ACTIVATED YOUR VOUCHER IS NON REFUNDABLE.
We always hope you will be happy with your new Netgem TV device but just in case you are not, we have set out below when you can return it.
If, within 14 days of receiving your purchase, you elect to return your Netgem TV device, just call us on 0207 242 0163, Monday to Friday between 09:00 and 17:30. Our customer support advisors will be able to help you immediately. Here are some important things to remember though:
You can turn on and use the Netgem TV 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 return the Netgem TV device to us, you will need to include not only the device, but any packaging, manuals, and accessories supplied with the device. If anything is damaged or missing, you may be charged for these.
We realise mistakes can happen, so we ask that you take care when returning the Netgem TV device to us. If 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.
Please note that this policy will not affect your statutory rights, which cannot be excluded. For more information on your statutory rights, please contact your local authority Trading Standards Department or Citizens Advice Bureau.
WHY DO YOU NEED TO SET UP AN ACCOUNT ON NETGEM TV’S WEBSITE?
The creation of this Netgem TV Account is required to activate your device, create your online profile and obtain your “Amazon Prime Voucher code”.
Once your Netgem TV Account is created, you will have the opportunity to:
link your device to your Netgem TV Account and have access to various set of services, content and potential offers as provided by Netgem TV to its end-users. Please note that some of those services, content and potential offers may be ruled by specific terms and conditions to be agreed upon on a case-by-case basis;
obtain your “Amazon Prime Voucher code” for activation on the Amazon Prime website. Please note that your Amazon Prime Voucheris strictly personal and will be strictly ruled by Amazon Prime Voucher Policy .
DESCRIPTION OF NETGEM TV SERVICES
Netgem TV services provide access to free and paid-for Entertainment services through the following means:
Freeview TV and radio channels through the Digital Terrestrial TV signal (requiring a TV aerial)
Catch-up TV services from Freeview Play accredited Content providers (typically the British Public Service Providers – requiring an Internet connection)
Free and paid-for On-Demand Music and TV services (requiring an Internet connection)
Additional services requiring an Internet connection (Alexa voice control of the Netgem TV 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 website on http://www.netgem.co.uk.
Please note that the provided Services may be modified from time to time at Netgem TV’s sole discretion and exclude 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 Netgem TV Services.
ACCESS AND AVAILABILITY OF OUR SERVICES AND CONTENTS
INTELLECTUAL PROPERTY RIGHTS
You only have access to Services that have been authorised for the country with respect to which you have established your Netgem TV Account.
If you believe that your rights are being infringed, you may submit a written Notice to us by registered post mail. We will respond as soon as possible to rights owners and their agents who gently inform us by and submitting such notice to communicate concerns about any alleged infringement.
Upon receipt of a Notice Form we may take certain actions without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice, you grant to Netgem TV the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Netgem TV for all claims brought by a third party against Netgem TV arising out of or in connection with the submission of a Notice.
Warning: giving false, misleading or inaccurate information in the Notice to Netgem TV may result in civil and/or criminal liability. You should seek legal advice should you have any question.
SERVICE AVAILABILITY AND LEVEL
Your own equipment such as: your Internet connection, your television set or mobile device may have some impact on the display quality of our Services. Please be aware that Netgem TV may be compelled from time to time to suspend part or the whole range of its Services for maintenance purpose.
Netgem TV may, from time to time, in its sole discretion or upon third-parties providers express request, vary its Services range and may add or remove Services without notice to you.
Netgem TV reserves the right to remove or restrict, from your device, access to any Service if Netgem TV has reason to believe that the device linked to your Netgem TV Account is stolen, hacked or compromised, or that the Services are not properly authorised or licensed, violates any law, or has been offered by a third-party provider in violation of any agreement. Netgem TV may also terminate, suspend or place any Netgem TV Account on hold in order to protect itself and its partners from what it believes to be fraudulent or illegal activity.
You are responsible for ensuring that any age-restricted Service is not accessed, used and/or viewed by any person not meeting the applicable age limits, as specified by law, regulation or the relevant content provider.
CORRECTIVE AND EVOLUTIVE MAINTENANCE OF THE SERVICES
Netgem TV reserves the right to automatically update the Services, including corrective maintenance (bugs fixes, updates, changes to the user interface….) that may add, alter or remove functionalities and features. You acknowledge that these updates may happen automatically in the background at any time (and that they cannot be disabled by you). You understand that these updates are necessary to maintain compatibility with other updates to our device or services and may be required for security reasons. By using the Netgem TV’s Services, you hereby AGREE to receive such updates.
PROTECTION OF PRIVACY AND DATA
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) THE NETGEM TV SERVICE AND YOUR NETGEM TV ACCOUNT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NETGEM TV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE NETGEM TV SERVICE OR THE USE OF NETGEM TV ACCOUNT WILL BE: (I) UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, OR (II) FREE FROM ATTACK OR SECURITY INTRUSION;
(B) IN NO EVENT SHALL NETGEM TV, ITS AFFILIATES COMPANIES, ITS SUBCONTRACTORS, ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE NETGEM TV SERVICE OR NETGEM TV ACCOUNT; AND
(C) YOU AGREE THAT THE TOTAL CUMULATIVE LIABILITY OF NETGEM TV, ITS AFFILIATES COMPANIES, ITS SUBCONTRACTORS, ITS DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE ACCOUNT TERMS, INCLUDING LIABILITY RELATING TO THE NETGEM TV SERVICE, YOUR NETGEM TV ACCOUNT, YOUR INFORMATION AND ALL DEVICES LINKED TO YOUR NETGEM TV ACCOUNT, SHALL NOT EXCEED THE TOTAL PURCHASE PRICE YOU PAID FOR ALL OF THE DEVICES LINKED TO YOUR NETGEM TV ACCOUNT. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY PROVIDED HEREIN FAILS ITS ESSENTIAL PURPOSE AND EVEN IF NETGEM TV, ITS AFFILIATES COMPANIES, ITS SUBCONTRACTORS, ITS DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
Amazon Prime’s Disclaimer:
Amazon.co.ukis not a sponsor of this promotion. Amazon Prime Membership Codes must be redeemed on www.amazon.co.uk/redeemprime by accepting the Amazon Prime Terms and providing a valid payment method. Your Amazon Prime membership automatically renews for the fee in effect at the time of renewal. You may cancel at any time by visiting Your Amazon Account and adjusting your membership settings. Amazon Prime Membership Codes cannot be transferred or resold and are not refundable. For more information about Amazon Prime, visit amazon.co.uk/prime. All Amazon ®, ™ & © are IP of Amazon.com, Inc. or its affiliates.
Netgem TV and/or third-party providers may display advertising and promotional messages to you via the Netgem TV Service, and to include such advertising and promotional messages in or with any user interface, notice, or content that is displayed on your device. Any interaction, transaction or agreement you have with third parties as a result of the advertising and promotional messages displayed to you are entirely between you and such third parties. Netgem TV is not responsible or liable for any claims, damages, losses or injuries arising from your interactions with such third parties.
If you choose to connect your device to a voice search system (such as Alexa application for instance) allowing you to use your voice to search for content on your device, you agree that Netgem TV will not be responsible to record, process, store and use your voice inputs in relation with Netgem TV device and that this whole voice search process will be governed by the relevant third-party’s process and liability.
If you wish to contact Netgem TV, please send your correspondence by mail to NETGEM UK, Kingsway House, 103 Kingsway, London, WC2B 6QX or by e-mail to email@example.com
If Netgem TV has to contact You, Netgem TV will do so by e-mail to the e-mail address you provide under your Netgem TV Account.