Terms and Conditions
Virgin Media on your mobile (the "Site") is provided to you by Virgin Media Limited, 500 Brook Drive, Reading, RG2 6UU. In this legal stuff, when we say "Virgin Media", "we", "our" and "us" we mean Virgin Media Limited.
Using our Site: (i) By accessing and using the Site you agree to be bound by this legal stuff. If you do not agree to be bound by all the terms contained in this legal stuff, then please do not access, use and/or contribute to the Site. Please note that this legal stuff incorporates the Virgin Media Group privacy policy. You can view this at www.virginmedia.com. The Virgin Media Group privacy policy contains important information about the use of your personal data and other information regarding your privacy. (ii) The Site is only intended to be accessed from the United Kingdom. We do not represent that the content on the Site is appropriate or available for access and/or use from other territories where the content may be illegal or prohibited. If you access the Site outside the United Kingdom you are responsible for ensuring that you comply with local laws. (iii) Whilst we try to ensure that all content on the site is correct at the time of publication, we cannot accept any responsibility for any errors, omissions, inaccuracies, suitability, quality or fitness for purpose. . We will use our reasonable endeavours to keep the Site free from viruses (or anything else which may damage your mobile phone or information) although we do not guarantee this. Your use of the Site is at your own risk. You understand that the Site may include content that you may consider offensive or otherwise objectionable. Although we will attempt to make the nature of such content clear where suppliers of the content provide us with this information.
Charges: When you browse the Site you will be charged by your mobile operator for the data that you use. If you don't know what these charges are, we recommend that you contact your mobile operator for details. You will find content on the Site which you can download, for example music and videos and also SMS alerts you can subscribe to (referred to collectively as Chargeable Content). You will be told how much items cost before you decide to buy. Clause 9 below headed Chargeable Content tells you more.
Availability of the Site: We will use reasonable efforts to make the Site available at all times, however, access to the Site may occasionally be restricted to allow repairs, maintenance or the introduction or removal of services and content. We may also suspend, change, withdraw or cancel the Site and/or any content on the Site for any reason and at any time, without notice.
No stealing: The content on the Site (including the Chargeable Content) constitutes valuable intellectual property and you acknowledge that, to the fullest extent possible, it is protected by copyright, design, trademark and any other applicable intellectual property right. The intellectual property belongs to Virgin Media, its group companies or its licensors. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use content on the Site in anyway except for your own personal, non-commercial use.
Don't damage our property: You must not use the Site to transmit any material which breaches any intellectual property right or which contains viruses; or disrupt or damage the Site, any other service or website; or circumvent the time-out function to help you stay connected when youre using the Site; or circumvent any security or any other safeguards on the Site.
Links to other sites: The Site may provide links to other mobile websites and services either directly or through advertising banners. We do not control the third party websites or services and are not responsible for their contents. By including the links on the Site this does not imply any endorsement of the material contained on the websites or the services or necessarily any association with their operators. You acknowledge that we will not be a party to any transaction or contract that you may enter into from a link from the Site and we will not be liable to you in respect of any loss or damage which you may suffer by using those websites and services. You agree that you will not involve us in any dispute between you and a third party.
Exclusions: We exclude all liability to you in any way for any losses where we are not at fault; or any loss of income, business or profits; or any corruption of data in connection with your use of the Site.
Limited Liability: We are only liable to you as set out in this legal stuff. We will pay for any damage or losses if we are liable to you for something we or anyone working for us does or does not do. However, our obligation to pay damages or losses is limited to £1,000. Nothing in this legal stuff removes or limits our liability for death or personal injury caused by our negligence, or for any fraudulent mis-representations we make.
Chargeable Content: The Site allows you to download and stream Chargeable Content and also subscribe to Chargeable Content.You should not purchase Chargeable Content where you know it is not compatible with your mobile phone. (i) Your use of the Chargeable Content: Chargeable Content is not transferable unless explicitly stated. You may store Chargeable Content on your mobile phone but you must not copy, forward, edit, or modify it unless we say you can. (ii) Your permission: By ordering Chargeable Content, you confirm that you are the owner of the mobile phone or that you have permission for us to send Chargeable Content to it. (iii) No cancellation: For downloads and streamed Chargeable Content, you are not able to cancel your purchase after you have confirmed payment. Chargeable Content may not be returned for any reason unless it is defective. (iv) SMS alerts: (a) Requirements -You must be on the Virgin Media mobile network to receive SMS alerts and be in credit if you Pay As You Go. Your phone must be switched on. If you do not have sufficient credit on your Pay As You Go phone and the alert cannot be delivered for more than 2 months in a row your subscription will be cancelled. (b) How much does it cost? - Each SMS alert will cost 15p per message. You will be told how many messages you are likely to receive depending on the service you take out. Administrative service messages are free. (c) How do I stop the SMS alerts? - You can unsubscribe at any time free of charge at 'My Txt Alerts' on the Site or texting STOP followed by your service keyword to 66044. You can unsubscribe from all services at once by texting STOP to 66044. Every month you will be reminded of the services you are subscribed to via free text. The reminder will contain the average number of messages for a particular service and instructions on how to opt-out. (v) Defective Chargeable Content: We may replace Chargeable Content if it is corrupted or hasn't been delivered. We are not liable to you if for any reason your phone malfunctions as a result of receiving Chargeable Content. If after resending, there is still a problem, we may offer alternative Chargeable Content or a refund. (vi) Prices: Prices are inclusive of any VAT payable unless otherwise stated. (vii) How you pay for Chargeable Content: The cost of the Chargeable Content will either be added to your bill or taken from your airtime credit or, where available, may be paid by credit or debit card.
Severability:
If a clause or condition of this legal stuff is found to not be legally effective, the remainder of the terms of the legal stuff shall still be effective. We can replace any clause that is not legally effective with a clause of similar meaning that is lawful and effective. 11. Enforcement:
Failure by either you or us to enforce any rights under this legal stuff shall not prevent either you or us in taking further action. 12. Changes to this legal stuff:
We reserve the right to amend this legal stuff. Any changes will be posted on the Site. We wont provide you with notice of the changes so you need to look at the legal stuff when you access the Site. By continuing to use the Site after changes are posted you will be deemed to have accepted the amended legal stuff. 13. Your statutory rights:
If you are a consumer, this legal stuff will not affect any rights you have under any statute which cannot be excluded by this legal stuff. For more information on the rights you have under statute contact your Local Authority Trading Standards Department or Citizens Advice Bureau. 14. Law:
This stuff is goverend by and will be construed in accordance with the laws of England and each of us agrees to only bring legal actions about this legal stuff in a UK Court.