By using the Service you agree to be bound by the terms and conditions set out below and any terms and conditions applicable to any offer that you have selected.
This is a contract between you and British Sky Broadcasting Limited, Grant Way, Isleworth, Middlesex TW7 5QD (“Sky”). References below to "we" or "us" will be read as references Sky. You can contact us by telephoning Sky Anytime on Mobile Customer Service on +44 (0)8442 411 531
You must be aged 18 or over to subscribe to the Service and resident in the UK, Channel Islands, Isle of Man or Republic of Ireland. We reserve the right to seek confirmation of age if necessary.
The Service is made available via your mobile phone and the mobile network provided by your mobile network provider. Sky is not responsible for these elements, or any data services necessary to access the Service which are provided by your mobile network provider under your separate contracts with them.
By using this Service, you agree that we may use and share information we hold about you in accordance with Clause 12 below.
Definitions
"Additional User" means a user of the Service who has been approved to do so by the Primary User in their household;
"Compatible Mobile Phone" means:
"MMS Messaging" means transmitting graphics and short text messages over mobile phone networks using WAP;
"Primary User" means a Sky digital account holder who has registered to use the Service;
"Relevant Mobile Network Provider" means those mobile network providers which provide access to Sky Mobile TV as listed on the Sky Anytime on Mobile Website from time to time;
"Restricted Services" means the betting services which are available via Skybet as part of the Service (subject to the Skybet Rules available on www.skybet.com);
"Service" means our mobile content service which provides content to your mobile phone and which may include sports, weather, news and entertainment alerts, stories and video clips and other related services, including (but not limited to) the Restricted Services and if you are eligible, Sky Mobile TV;
"Sky Anytime on Mobile Application" means a Java/Symbian application which enables you to access the Service;
"Sky Anytime on Mobile Website" means the website accessed at www.sky.com/skyanytimeonmobile
"Sky Digital Package" means the digital television viewing package that you or the Primary user in your household subscribe to as part of your Sky digital subscription from time to time;
"Sky Mobile TV" means the Sky branded content packs containing certain mobile channels that have been created, adapted or made available for viewing on a mobile phone; and
"WAP" means wireless application protocol or a method of delivering internet pages to mobile phones, pagers and other handheld devices.
Access to the Service
2.1
In order to use the Service, you must have a Compatible Mobile Phone. You will be responsible for confirming that your mobile phone is a Compatible Mobile Phone before registering for the Service. To access the Service, you will also need to download and install the Sky Anytime on Mobile Application to your Compatible Mobile Phone.
2.2
Subject to Clauses 2.3 and 3.5, your right to access the Service is dependent on:
2.3
You will only be eligible to access Sky Mobile TV if you are a customer of a Relevant Mobile Network Provider. If you are eligible for and subscribe to Sky Mobile TV, you must comply with the Sky Mobile TV terms and conditions. You will get these terms and conditions when you agree to receive Sky Mobile TV via your Relevant Mobile Network Provider or via the Service.
2.4
You will be responsible for downloading and installing any software applications (other than the Sky Anytime on Mobile Application) necessary for you to use the Service. We will not be responsible for the downloading or operation of any such software application.
2.5
Sky may change or terminate your use of the Service if you change or terminate your Sky Digital Package or if you cease to be a registered Skybet customer.
2.6
If you are a Primary User, you may register two Additional Users to access and use the Service, provided that the Additional Users live in the same household as you. Any Additional User you approve must nominate a username and password in accordance with Clauses 2.8, 2.9 and 2.10.
2.7
If you are an Additional User, your right to access the Service is dependent on the Sky Digital Package to which the Primary User in your household subscribes from time to time. The Primary User may also change or terminate your access to the Service at any time. Sky will not be responsible for any change or termination to your access to the Service for these reasons.
2.8
Your access to the Service is by username and password. Your username and password are secret and personal to you and must not be disclosed to any third party in any circumstances. You are responsible for keeping your username and password secure and confidential. You must take all precautions to prevent them being used by anyone else.
2.9
If we reasonably believe that a username and password are being used in any way which is not permitted by us, we may cancel your access to the Service immediately without notice, and to block access to all your Additional Users.
2.10
You may change your password or other personal details that you notified to us during your registration process via your sky.com account, which is accessible from www.sky.com and from the footer of the Sky Anytime on Mobile Website. Should you become aware that another person knows your password you should change it immediately. You must not store your username and password on your mobile phone.
2.11
If you have access to Sky Mobile TV, you must not send content from the Sky Mobile TV channels to other people. You may send certain content from other parts of the Service to other people via an MMS Message, however, your right to do so is limited to viewing and sending files for personal non-commercial use only. You are responsible for any loss or damage suffered by a third party as a result of you sending such third party content from the Service.
The Service
3.1
Apart from any subscription you pay for Sky Mobile TV, there is currently no fee for the Service. If we decide to introduce a subscription fee at any time we will give you at least one month's notice in writing and if you wish to continue to use the Service, you will have to enter into a new subscription contract. Full details will be provided on the Sky Anytime on Mobile Website.
3.2
We will use reasonable efforts to make the Services available to you at all times. However, you acknowledge that the Service is provided by radio transmission and therefore the quality and availability of the Service are affected by factors which cause radio interference, such as physical obstructions, atmospheric conditions and by technical faults in your telecommunication providers' service/network. We accept no liability whatsoever for suspension, interruption or non-availability of the Service for any of the reasons set out in this Clause 3.2.
3.3
The Service is variable. Sky may vary, replace or withdraw programmes, channels, content, and/or any facilities available on the Service without notice.
3.4
We may offer you additional services as part of the Service e.g. Remote Record. If we do so, you must comply with any additional terms and conditions that apply to those services.
3.5
You may only use the Restricted Services if you have a registered Sky Bet account.
Your use of the Service
4.1
You will not use the Service or any part of it other than for personal non-commercial purposes in the UK.
4.2
You agree that you will:
4.3
You must not or authorise or assist any third party to:
4.4
You agree to follow our reasonable instructions concerning your use of the Service.
Liability
5.1
If you are a Primary User, you will be responsible for all actions and omissions of all your Additional Users in relation to their use of the Service.
5.2
We will endeavour to provide the Service and the Sky Anytime on Mobile Application using all reasonable care. Except as required by law, we will not be responsible or liable for the fitness for a particular purpose of the Service or the Sky Anytime on Mobile Application, or for any loss or damage caused by:
5.3
We do not accept any liability for any content provided by third parties as part of the Service or for any product or service advertised, promoted, offered or sold by third party service providers for use on the Service or otherwise. While all reasonable efforts will be made to ensure that the information contained in the Service provided by us is as accurate as possible, we do not accept any liability and make no representations or warranties in relation to the accuracy or completeness of the information contained in the Service.
End User License for Sky Anytime on Mobile Application
6.1
We grant you a limited, non-exclusive license to use one copy of the Sky Anytime on Mobile Application on a single mobile phone as an end user.
6.2
The Sky Anytime on Mobile Application contains our (and/or our licensors') copyright material, trade secrets and or other intellectual property rights. All title and ownership in these rights remain with us and/or our Licensors, where applicable.
6.3
You will not and you will not assist any third party to:
6.4
You further agree that you will not tamper with the Sky Anytime on Mobile Application or undertake any activity intended to bypass, modify, defeat or otherwise circumvent (or having the effect of facilitating, modifying, or assisting the bypassing, defeating or circumventing of) proper and/or secure operation of the Sky Anytime on Mobile Application and/or any mechanisms operatively linked to the Sky Anytime on Mobile Application.
6.5
The supply of the Sky Anytime on Mobile Application does not convey a licence nor imply any right to commercially distribute content created or accessed with this Sky Anytime on Mobile Application in revenue-generating broadcast systems (terrestrial, satellite, cable, mobile and/or other distribution channels), streaming applications (via Internet, intranets and/or other networks), other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like).
Copyright, Trademark and Intellectual Property
All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Service will remain ours or, where applicable, our content partners. We hereby grant you a licence to use such rights for your personal use of the Service only, in accordance with these terms and conditions.
Sky Anytime on Mobile Application Updates
From time to time, we will provide you with software updates for the Sky Anytime on Mobile Application. If you do not accept these software updates, we cannot guarantee that you will be able to continue using the Service and/or use any new features available on the Service from time to time.
Promotions and Advertising
We and/or our business partners may present advertisements or promotional materials on or through the Service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
Links to Third Party sites
The Service may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.
Termination
11.1
You can terminate your registration to the Service at any time by giving us notice by telephoning Sky Anytime on Mobile Customer Service on +44 (0)8442 411 531.
11.2
We will be entitled to suspend or terminate your access to any part of the Service at any time should you breach these terms and conditions, or the terms and conditions of any offer you may have selected.
11.3
We may, at our own discretion suspend or terminate your registration at any time. We may do this, for example, to update the Service for technical reasons.
Privacy and Personal Information
12.1
You confirm that any member of the British Sky Broadcasting group may use and share information we hold about you with other companies in the group for market research and the marketing of Sky's products and services. This may include sending you marketing by email or SMS about Sky Anytime on Mobile or other similar products and services unless you advise us of your preference not to receive such forms of marketing.
12.2
Information held by the British Sky Broadcasting group about you may also be shared with other companies outside the group, including for sales and marketing purposes and for market research on products and services, unless you advise us of your preference not to share such information with such third party companies.
12.3
If you have not already told us that you do not want to receive marketing by email or SMS, or us to share information about you with companies outside the British Sky Broadcasting group, then please call Sky Anytime on Mobile Customer Service on +44 (0)8442 411 531.
Changes to these Terms and Conditions
If we amend these terms and conditions, you will be notified on the Sky Anytime on Mobile Website. Your first use of the Service after you have been notified of the new terms will constitute acceptance of such changes. If we amend these terms and conditions and such change has a material effect on you to your detriment we will give you one months’ notice of such change in writing.
Right To Transfer and Third Parties
14.1
We can transfer our rights and obligations under these terms and conditions to any company, firm or person. We can only do this if it does not affect your rights under these terms and conditions. You may not transfer your right or obligations under these terms and conditions to anyone else.
14.2
These terms and conditions are personal to you and no third party is entitled to benefit under them except pursuant to Clause 14.1.
Law
These terms and conditions are governed by English Law. If you are resident in the UK, Channel Islands, or Isle of Man any disputes can be dealt with by the courts in England and Wales or any other United Kingdom court that could lawfully deal with the case.