BathTV Website Terms and ConditionsTerms and Conditions.
'BathTV' is a trading name of Bath TV Ltd. Registered in England and Wales Number: 6354143. Registered address: 30 Gay Street, Bath, BA1 2PA, UK
1. Use of this Site
This Site is provided to you free of charge for your personal use subject to these Terms. By using this Site you agree to be bound by these Terms
2. Copyright and Trademarks
This website and all aspects of its design, content and software are copyright of BathTV. The trademarks depicted on this website are the property of Bath TV or their licensors and they retain all rights in such trademarks.
ALL RIGHTS ARE RESERVED AND REPRODUCTION OF PART OR ALL OF THE CONTENTS OF THIS SITE IS PROHIBITED OTHER THAN IN ACCORDANCE WITH THE PERMISSIONS BELOW:
IT IS EXPRESSLY FORBIDDEN TO DOWNLOAD, COPY, REPRODUCE, RETRANSMIT OR IN ANY WAY USE THE VIDEO AND AUDIO ELEMENTS OF BathTV EXCEPT WHERE PERMITTED OR SPECIFICALLY AUTHORISED SUCH AS VIA THE BathTV VIDEO PLAYER WITHIN THE BATHTV WEBSITE.
IT IS EXPRESSLY FORBIDDEN TO COPY, DUPLICATE, DOWNLOAD ALL VIDEO CONTENT ON BathTV FOR UPLOAD AND DISTRIBUTION TO ANY VIDEO SHARING WEBSITE SUCH AS YOU TUBE, MY SPACE, GOOGLE VIDEO AND ANY OTHER KNOWN OF OR YET TO BE CREATED VIDEO SHARING SITE WITHOUT THE FULL WRITTEN PERMISSION OF BathTV.
IT IS EXPRESSLY FORBIDDEN TO INSERT OR PRESENT BathTV OR TO PRETEND TO REPRESENT BathTV OR ANY OF ITS CONTENT AS PART OF ANY THIRD PARTY VIDEO SITE OR ANY AGGREGATED INTERNET TV OR IPTV SERVICE WITHOUT THE FULL WRITTEN PERMISSION AND / OR LEGAL CONTRACT ENTERED INTO WITH BathTV.
3. Provision of Services and Goods
The Contract Between Us - We must receive payment of the whole of the price for the goods or services that you order before your order can be accepted. Once payment has been successfully received by us you will receive an email from PayPal, our secure payment service, at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
3.1 The Services (video streaming only)
The 'Services' shall be the provision to you of access to BathTV's 'payed for' streaming video services as offered in our Pay-To-View service.
You will need to load your PC with Flash Player (version 8 and upwards) which is your responsibility to obtain. You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the Services. You also undertake to provide your own broadband connection to the Internet of suitable quality and speed.
Bath TV will use its reasonable endeavours to ensure that the Services are made available to you at all times. However, this website is provided on an "as is" basis. In particular, the image and sound quality of the Services may vary, whether due to congestion on the internet, or limitations on your local computer or local network. The Website itself may not be uninterrupted, timely, secure or error-free, however Bath TV shall use its best endeavours to ensure the service remains constant and uninterrupted at all times.
From time to time we will need to close the Website to carry out upgrades or maintenance. We will try to keep this to a minimum.
You agree that you will: use the Services for non-commercial private purposes only without making any gain and that you will not permit any other person or persons to use the Services. You will not copy, record or store all or any part of the Services (other than on a purely transitory basis to permit you to view them) or divert, re-transmit or otherwise distribute all or any part of the Services. As well as exercising our right to terminate your account for breaches by you we may suspend the Services (or your access to them) if your use of them is abusive, excessive or against the interests of other subscribers or in breach of these Conditions or our Website Terms and Conditions, or if we are requested to do so by a regulatory authority.
You must keep your user account password secure and never share passwords with anyone or make them accessible to others. You will also notify us of any unauthorised use of such user account you become aware of and /or any other confidential information or any other breach of security regarding the services.
Liability - The maximum liability that BathTV is liable for is limited to the amount paid by you in respect of the services. This does not affect your statutory rights as a consumer.
Force Majeure - Neither BathTV shall have any liability to you for any delay or failure to deliver the Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of BathTV including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Services), Internet connection problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including natural disasters, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement of any event expected to be covered by BathTV.
3.2 The Goods (Physical DVD Products only)
Delivery - We shall user our best endeavours to deliver goods within 7 working days of acceptance by us of your order but shall not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.
If there is a problem with your order in terms of availability of the goods or our ability to deliver, we shall contact you by telephone or email as soon as reasonably practicable.
Please note that we can only deliver products within the UK as covered by Royal Mail UK deliveries. We are prepared to dispatch elsewhere but only where a specific arrangement has been made between us and the customer.
Cancellation by you - You have the right to cancel your order up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. To cancel your order you must notify us in writing to:
BathTV
68 Bristol Road
Radstock, BA3 3EQ.
Fax 01225 462278
If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack our unseal the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card, will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
You will not have the right to cancel if you have taken any video DVD out of it's sealed package in which it was delivered to you.
Cancellation by Us - We reserve the right to cancel the contract between us if: we have insufficient stock to deliver the goods or capacity to provide the services you have ordered; or, we do not deliver to your area.
If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your debit/credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
Liability - If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem with 10 working days of the delivery of the goods in question.
If the goods we provide are not what you ordered we shall have no liability to you unless you notify us in writing at our contact address of the problem with 10 working days of the delivery of the goods in question.
If you do not receive the goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option: to make good any shortage or non-delivery; to correct any typographical errors or minor mistakes caused by us in any material displayed on our website on your behalf; to replace any goods that are damaged or defective; or, to refund to you the amount paid by you for the goods or services in question in whatever way we choose.
4. General Liability
Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods or services in question under clause above.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
5. Applicable Law
These terms of use shall be governed by, and construed exclusively in accordance with, English law. All dispute arising under these terms shall be subject to the non-exclusive jurisdiction of the English courts.