FILMBOX+ TERMS AND CONDITIONS
This document sets out the terms and conditions on which we provide the FilmBox+ application (App) and access to and use of any content and services within the App as further described within the App or on the Service Website (Service(s)) to you (the user of the App/Service) (Terms).
Please read these terms and conditions carefully before you download or use the App.
By downloading the App and accessing or using the Services you agree to be bound by these Terms. If you do not wish to be bound by these Terms, you should (1) not download the App/delete the App from your device(s); and/or (2) not access or use the Services.
The Service is only available on supported devices. List of currently supported devices can be found on https://www.filmbox.com. We continually review device support and as new devices and operation systems develop, we may stop supporting some older versions. This means that to continue to use the App or Service you may need to update the software on your device from time to time.
If you are under the age of 18, you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand them.
This contract is between you and Mediabox Broadcasting International Limited (Mediabox) a private company with limited liability, having its registered office in Chiswick Park Building 3/566 Chiswick High Street, Chiswick, London, W4 5YA, the United Kingdom, with company number 8353015. References to "we" or "us" in this contract will be read as references to Mediabox.
References to the "Service Website" means the App page describing the App within the iTunes Store, Google Play Store or other relevant application store.
Please refer to the FilmBox+ Privacy and Cookies Notice (available at https://www.filmbox.com/ app/page/privacy) for information about the use of your personal information by Mediabox or any other group company.
How to get in touch with FilmBox+
(a) You can contact us by using our feedback form available at https://www.filmbox.com/app/feedback.
(b) We are committed to providing you with the best possible products and services, but we understand that sometimes things may go wrong. If you have a complaint, please get in touch with us straight away using the details above.
(c) You can use alternative dispute resolution services provided by Ombudsman Services Communications, whose website is ombudsman-services.org/communications.html or you can refer your dispute to the European Commission online dispute resolution platform at ec.europa.eu/odr.
(d) If you are accessing this App via the iTunes Store, provided by iTunes S.a.r.l. and Apple Inc, the relevant terms and conditions which govern your use of the iTunes Store shall apply. To the extent that the provisions of the iTunes Store terms and conditions conflict with the provisions of these Terms, the provisions of the iTunes Store terms and conditions shall prevail. If you are accessing the App via the Google Play Store by Google, the relevant terms and conditions which govern your use of the Google Play Store will apply and to the extent that these Terms conflict with Google Play Store terms and conditions the Google Play Store terms and conditions shall prevail.
1. Information collected via the App/Service and/or stored on your device
1.1. The information you provide to the iTunes Store or Google Play Store upon downloading the App will be collated and used by the iTunes Store and Google Play Store in accordance with their respective privacy policies. We do not collect or use any personal information supplied by you to the iTunes Store or Google Store in relation to your download and installation of the App.
1.2. When you visit a third-party website via a link or banner ad from within the App, information will be automatically collected by us through the App to track the number of visitors to the relevant website. By using the App/Service you agree that we may supply these statistics to our third-party advertising business partners.
2. Connectivity requirements
2.1. The Service is only available on supported devices. We continually review device support and as new devices and operating systems develop, we may stop supporting some older versions. This means that to continue to use the App or Service you may need to update the software on your device from time to time.
2.2. If you change your handset or the software running on your handset, your new/updated handset may not be compatible with the Service and you may be unable to download the App or continue using the Service or parts of it.
2.3. You must ensure that your supported device meets (and continues to meet) the hardware, systems and software requirements for the App/Service as described:
(a) at the time you download the App or any updates to the App; and/or
(b) on the Service Website (which you should check regularly for updates).
2.4 The Service is provided to you via your mobile network and/or wireless internet connection (as applicable). Some features are only available via a wireless internet connection and are dependent on the device being connected to the same local network as the set top box at the time you use the Service. See the Service Website and the FAQs for more information.
2.5 If the Service is suspended, interrupted or not available to you due to mobile network and/or wireless internet connection interruptions, we will not be responsible (unless you have separate rights against us for the provision of a mobile network and/or wireless internet connections).
2.6 You will be responsible for ensuring that you have paid any and all costs payable to third parties necessary to use the Service or any part of it.
2.7 Some or all of the content or functions available on the Service, will only be accessible if you have the corresponding TV subscription with your TV service provider (as further described on the Service Website or within the App). If you do not subscribe to the necessary TV package with your TV provider, you will not be able to access the corresponding content via the App.
3. Your use of the App/Service
3.1. In order to use the App, you will need to download and install the App on your compatible device via the iTunes or Google Play Store.
3.2. You agree to use the Service for your household’s own private enjoyment in your country and not for any commercial business purpose.
3.3. You agree to follow our reasonable instructions concerning your use of the App or Service.
3.4. The Service may feature content or comment feeds (e.g. from social networking sites) or user posts. Any content within these feeds that does not originate from Mediabox is not endorsed by us and we cannot we be held responsible for it. We reserve the right to moderate these feeds or posts and we may edit or remove any material in our absolute discretion, though any failure to remove particular material does constitute an endorsement or acceptance of it by Mediabox.
4. Intellectual Property
4.1. All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the App or Service shall remain at all times vested in us or our licensors. You are permitted to use this material or content only within the App and as expressly authorised by us or our licensors.
4.2. If you become aware of any unauthorised distribution or commercial exploitation of the App or Service, you agree to notify us immediately.
4.3. You must not do (or allow to be done) any of the following:
4.3.1. copy (except for limited permissions to copy under the Copyright Designs and Patents Act 1988, as amended from time to time (the “Act”) or in accordance with any applicable copyright law), redistribute or relay the whole or any part of the Service or otherwise deal with the Service in a way which is not permitted under the Act;
4.3.2. sell or make any charge for watching or using any part of the App or Service;
4.3.3. show or re-transmit any part of the App or Service to the public, even if no charge is made;
4.3.4. use the App or Service for any improper or unlawful purpose;
4.3.5 tamper with or modify the signal of any Service made available via the App;
4.3.6. access the Service or stream any content available via the Service from any device which is located outside the Territory;
4.3.7. alter, cover, modify or remove any graphics, logos or other on screen text or images appearing on any stream, download or other transmission of the Service.
4.4 Mediabox employs technologies such as digital rights management and copy protection to control the play back and copying of digital content available via the App or the Service. We may disable or alter remotely certain functions of the App so as to prevent you from copying content and we may prevent you receiving the Service if your device allows copying of any content which we are bound by contract to prevent.
4.5 We reserve the right to block your access to the Service and/or streaming of the content outside your country of residence.
5. Third Party Websites
5.1. You acknowledge and agree that we are not responsible for the availability of any third party websites or material you access through the Service.
5.2. We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or material.
5.3. Any dealings between you and any third party advertisers or merchants found on or via the Service, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant. Therefore, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.
6. Liability limitation
6.1. Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any matter that we cannot exclude or limit as a matter of law.
6.2 Other than as described in clause 6.1, we shall not be liable for any financial loss, loss of information, damage to (or corruption of) data or any indirect loss or damage of any kind, whether caused by tort (including negligence), breach of contract or otherwise for:
(a) any use of the App or Service that we do not authorise;
(b) suspension, restriction or termination to your use of the App or Service in accordance with clause 7 or any failure, interruption or delays to your use of the App or Service caused by events outside our reasonable control;
(c) any errors, viruses or bugs present in or arising from your use of the App or Service that are not directly caused by or attributable to the App or Service;
(d) your negligence or your failure to follow our reasonable instructions or these Terms;
(e) any circumstances where: (i) there is no breach of a contractual obligation or legal duty of care owed to you by us or our employees or agents; (ii) such loss or damage was not contemplated by both you and us at the time you agreed to these Terms; (iii) such loss or damage results from any breach by you of these Terms; (iv) any incompatibility of the App or Service with any hardware and/or software on your device; (v) any damage to separate devices or digital content that belong to you where such damage would not have been caused if you had followed our reasonable instructions;
(f) any other matter that is outside our reasonable control, including without limitation, any act or default of any third party supplier, device manufacturer or provider of a device operating system;
(g) any content provided by or originating from third parties as part of the App or Service or for any product or service advertised, promoted, offered or sold by third party service providers via the App or Service. While we will make reasonable efforts to ensure that the information contained in or on the App or Service provided by us is accurate, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of such information.
6.3. We are not permitted to exclude our liability for certain matters, for example we cannot exclude our liability to you for supplying digital content via the App or Service that is not of satisfactory quality or fit for purpose, supplying digital content, the App or Service that does not match the description, or performing any service without reasonable care and skill. This condition 6.3 shall not affect any such liability that we have to you. If you require any advice on your legal right, you can refer to adviceguide.org.uk or consumerconnect.ie.
7. Suspension / Termination
7.1. The Service is variable and therefore may change from time to time or end without notice. We make no commitment to continue supporting the Service on an ongoing basis as we cannot foresee what may change in the future.
7.2. We may immediately suspend or restrict your use of all or part of the App or Service where reasonably necessary to update the App or Service or for technical or operational reasons.
7.3. We reserve the right to suspend, restrict or cancel your use of the App or Service immediately, if:
(a) you are in breach of these Terms, although for non-serious breaches we will first give you an opportunity to put things right which you will need to do within 7 days. For serious breaches (e.g. commercial use of the App/Service or IP infringement) we will exercise this right immediately;
(b) we reasonably consider that you have committed, may be committing any fraudulent activity against us or against any other person or organisation through your use of the App or Service or we reasonably believe that your device or Service has been used in a way which is not allowed under these Terms (although for minor breaches we will first give you an opportunity to put things right which you will need to do within 7 days);
(c) if you or anyone you authorise to deal with us on your behalf acts in a way towards our staff or agents which we reasonably consider to be inappropriate and sufficiently serious to justify restricting or ending your use of the App or Service.
7.4. Upon suspension/termination, we may require you to reimburse us for any reasonable and foreseeable losses, costs and expenses which we incur as a direct result of the misuse of the App or Service by you or any one you have allowed to use the App or Service.
8. Revisions and Notices
8.1. If we amend these Terms, we and/or your TV provider will notify you. Your first use of the App or Service after you have been notified of the new terms will constitute acceptance of such changes.
8.2. If we give you any notice that is required under these Terms, we shall give it to you by electronic means (including via the Service Website, via an App update page within the iTunes or Google Play Store, via a notification within the App, via a "push" notification to your device where this is enabled, or via email if you are a Mediabox customer and you have provided us with your email address).
9.1. We can transfer our rights and delegate our obligations under these Terms to any company, firm or person. We can only do this if it does not affect your rights under these Terms in a negative way.
9.2. If any court or regulator decides that any provision of these Terms is invalid or otherwise unenforceable, such provisions shall be severed and deleted from these Terms and the remainder of these Terms shall continue to have full force and effect.
9.3. These Terms are personal to you. You may not transfer your rights or delegate your obligations under these Terms to anyone else and no third party is entitled to benefit under these Terms.
9.4. These Terms are governed by English law, unless you live in another country where such disputes will be governed by your local laws. Any disputes under these Terms shall be dealt with by the courts of England or the country whose law governs your Terms.
Last updated 8 March 2021