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NOW Customer Trial Terms and Conditions

NOW Customer Trial Terms and Conditions

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0% found this document useful (0 votes)
2K views8 pages

NOW Customer Trial Terms and Conditions

NOW Customer Trial Terms and Conditions

Uploaded by

arianna.mauri95
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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NOW Customer Trial Terms and Conditions

Important Information
This document sets out the terms and conditions on which the trial version of NOW services (the
“Trial”) will be provided to you by NOW (the “Contract”). During the Trial, you (the “User”) will be
able to access all NOW content memberships (Entertainment, Sports, and/or Cinema memberships)
and may receive viewing membership upgrades for Boost or Ultraboost (“Trial Services”) and we will
make the Trial Services available on specified devices owned by you (“Devices”). Your use of the Trial
Services is also governed by the NOW Terms of Use available here, which you will have to agree
before starting the Trial. In the event of any conflict between the NOW Terms of Use and this Contract,
these NOW Customer Trial Terms and Conditions will take precedence in respect of the Trial
Services.

By registering for the Trial you are indicating that you agree to the terms and conditions of this
Contract.
To participate in the Trial and use the Trial Services, you will need to be invited to take part; be
18 or over; live in England, Scotland, Wales or Northern Ireland or the Republic of Ireland;
have access to one or more of the devices specified in Clause 1.1; have access to a computer
or tablet device; and be willing to provide regular feedback to NOW for the full duration of the
Trial.
Your use of the services and any equipment provided via the Trial is limited to the personal
use by you as a consumer only.
Please read the following important information. Further terms and conditions are set out later in this
document.

Confidentiality
You agree that information relating to the Trial and the Trial Services is confidential to NOW and Sky
and you will not use that information, other than for the purposes of the Trial, or disclose or publicly
comment on or make available to a third party any such information (including, without limitation,
on blogs or social media sites). The Trial and Trial Service is highly confidential and commercially
sensitive. You must ensure that anyone who may see or use the Trial Services is aware of the
confidentiality restrictions in this Contract and adheres to them.

Security
You are responsible for the actions and omissions of other members of your household and anyone
else you allow to access your home or use the Trial Services (including any charges they incur). You
must ensure that anyone you allow to see or use the Trial Services is aware of this Contract and in
particular this confidentiality obligation and adheres to it.

Trial duration
The Trial will start from when you place your online order for the Trial Services, and last for 4 calendar
months (or sooner, if agreed and confirmed by the Trial Team in writing in accordance with this
Contract) (“Trial Period”). You should only sign up to the Trial if you are willing to commit to and
participate in it for the full duration of the Trial Period.

Trial status and service standards


You will be asked to use your existing NOW account for the purposes of the Trial. The Trial Services
will be provisioned directly to your Devices through software updates. However, for customers using
specific devices, such as LG or Samsung TVs, additional steps may be required to enable the Trial
Services. In such cases, we will provide clear step-by-step instructions, which may include
downloading specific files, transferring them to a USB drive and installing them on your TV. This
process will only need to be completed once. Any subsequent updates required for the Trial Services
will be managed on the back end and will not require any further manual intervention from you.

By participating in the Trial, you agree to follow the steps outlined in the Trial welcome pack (“Trial
Welcome Pack”) to enable the Trial Services on your device.
During the Trial, we may provide you with non-commercially available content, features or software
updates for technical preview or beta testing. You accept that during the Trial, the Trial Services may
not work at all times or might not work in the way you expect it. Where possible, we will let you know
in advance if the Trial Services will not be available at any time. If the Trial Services are not available
outside of any times that we notify you of, then you will need to report this to us via the process set
out in the Trial Welcome Pack. You also accept that the Trial Services may not work in the same way
as the NOW services we make commercially available now or in the future, and that some features or
functions available with NOW now or in the future may not be available or may be available at
different times. For example, some content you can access via the current NOW service may not be
available via the Trial Service. For further details, please refer to your Trial Welcome Pack.

Feedback and tasks


During your participation in the Trial, you also agree to periodically complete surveys sent to you by
the Trial Team from time to time (“Trial Activities”). Full details of all tasks and what you will need to
do in relation to them will be communicated to you at the time the Trial Activities are set.

Feedback will be required to be given and can also be given at any time throughout the Trial, as set
out in the Trial Welcome Pack.

How much will it cost me?


During the Trial Period, the Trial Services will be provisioned to your NOW account by the Trial Team
at no cost to you. Should you subscribe to any other NOW services, such as NOW Broadband,
charges for these services will continue to apply. At the end of your Trial Period, your Trial Services
will be cancelled. Thereafter, your account will revert to your previous chargeable membership status,
and you may continue to use the services and benefits associated with that membership in
accordance with its terms and conditions. Upon cancellation, you may also have the option to
subscribe to a substantially similar chargeable service to the one provided during the Trial Period,
should such a service be made commercially available.

Data protection
You acknowledge that the Trial Services will not include functionality for you to switch off or reject non-
essential cookies and technologies used by the Trial Services for the duration of the Trial Period. This
includes analytics cookies / technologies that are essential for us to understand the performance and
user experience of the Trial Services provided during the Trial and cookies / technologies used to
enable marketing and advertising capabilities that we need to test during the Trial.

The collection and use of personal information is explained in NOW’s privacy notice, which can be
accessed by visiting NOW UK Privacy Notice for the UK or NOW ROI Privacy Notice for the
Republic of Ireland.

How do I contact the Trial Team?


You will not be able to directly contact the Trial Team. However, your feedback can be shared via the
channels outlined in the Trial Welcome Pack. If you would like to remove yourself from the Trial, you
can complete the form available here and the Trial Team will action this on your behalf.

General
For trialists living in the UK, this Contract is between you and Sky UK Ltd (“NOW”/ “Sky”) which will be
responsible for providing you with the Trial Services. Sky is registered in England and Wales under
registered number 02906991 and has its registered office and main trading address at Grant Way,
Isleworth, Middlesex TW7 5QD, England (UK). For trialists living in the Republic of Ireland, this
Contract is between you and Sky Ireland Limited (“NOW”/ “Sky”) (Registration No. 547787), acting as
agent for Sky Subscribers Services Limited (Irish branch) (Registration No. 907557) of Fifth Floor,
One Burlington Plaza, Burlington Road, Dublin 4.
Further details
These are the terms and conditions on which you are invited to participate in the Trial and use the
Trial Services provided to you. As part of the Trial, you may be issued with further terms and
conditions for the Trial Services which supplement these terms and conditions, and which you will
need to accept before receiving the Trial Services. In the event of any conflict between these terms
and conditions and any further terms and conditions, these terms and conditions take precedence for
the Trial Period. If you leave the Trial, your Trial Services will be cancelled.
References below to “we” or “us” are to Sky.

1. Eligibility to Participate in the Trial


1.1. You are eligible to participate in the Trial and use the Trial Services if you:
1.1.1.are 18 or over;
1.1.2.live in England, Scotland, Wales, Northern Ireland, or the Republic of Ireland;
1.1.3.have access to one or more of these specified devices to access the Trial Services;
1.1.3.1. Play Station gaming device;
1.1.3.2. Xbox gaming device;
1.1.3.3. Amazon Fire streaming device;
1.1.3.4. Apple TV streaming device;
1.1.3.5. Google Chromecast streaming device;
1.1.3.6. Chromecast streaming device;
1.1.3.7. Nvidia Shield streaming device;
1.1.3.8. Roku streaming device;
1.1.3.9. Sony Smart TV;
1.1.3.10. HiSense Smart TV;
1.1.3.11. Samsung TV;
1.1.3.12. LG TV;
1.1.3.13. have access to a computer and a USB drive to download the files needed to
provide the Trial Services if you are using a LG or a Samsung TV;
1.1.4.have access to a computer, tablet device or smartphone on which you can provide
feedback on the service;
1.1.5.be willing to provide feedback to Sky and complete any issued Trial Activities for the full
duration of the Trial.
1.2. You must notify us if you are moving home during your participation in the Trial. Your use of
the Trial Services will end if you move home outside England, Wales, Scotland, Northern
Ireland or the Republic of Ireland.

2. The Trial and Service Standards


2.1. We will provide the Trial Services with the care and skill that would reasonably be expected
in the circumstances.
2.2. The Trial Services will be provisioned directly to your Devices through software updates, in
accordance with this Contract. However, for customers using certain Devices, such as LG or
Samsung TVs, additional steps may be necessary to enable the Trial Services. In such
cases, we will provide clear and detailed instructions, which may involve downloading
specific files, transferring them to a USB drive, and completing the installation process on
your TV. Any subsequent updates required for the Trial Services will be managed on the
back end and will not require any further manual intervention from you.
2.3. You will be asked to use your existing NOW account for the purposes of the Trial.
2.4. You acknowledge the purpose of the Trial is to enable us to test the build, development,
operation and usability of the Trial Services, including testing those services over a
broadband network.
2.5. We make no warranty regarding the performance or quality of the Trial Services. You
acknowledge that the Trial Services, and some features or functions you might normally
expect of TV services may not be available or fully operational at all times and that the
quality and availability of the Trial Services may be inconsistent and intermittent. During the
Trial, any terms implied into this Contract about the quality and performance of the Trial
Services should be interpreted in this context.
2.6. You acknowledge that we may modify, restrict, suspend or temporarily cease your Trial
Services at any time in order to test the operation of the Trial Services for the purposes of the
Trial or to carry out maintenance, technical repair, enhancement or emergency work, and you
consent to us doing so. If we restrict, suspend, or temporarily cease your Trial Services for
these reasons we will notify you in advance, where reasonably possible, via email.

3. Your Responsibilities
3.1. Where applicable before the Trial Period and throughout the provision of the Trial Services,
you will:
3.1.1.provide us with your names and contact details, but we may also accept instructions
from a person who we reasonably believe is acting with your authority;
3.1.2.use the Trial Services as your primary source of TV viewing during the Trial Period. If
the Trial Team determines you are not using the Trial Services as your primary source,
your participation in the Trial may be terminated and your access to the Trial Services
revoked, in accordance with Clause 5 below;
3.1.3.use the Trial Services personally as a consumer only and not for commercial purposes.
3.1.4.not allow the Trial Services to be used by more than one individual user, unless we have
agreed otherwise, in which case you will ensure they are aware of and adhere to this
Contract;
3.1.5.not use the Trial Service for the benefit of any third party (including timesharing and
service bureau use), nor permit any person to do so;
3.1.6.not disclose the results of any benchmark tests or performance tests of the Trial Service
to any third party without our prior written consent;
3.1.7.not perform or disclose any information in relation to the security testing of the Trial
Service or associated infrastructure including network discovery, port and service
identification, vulnerability scanning, password cracking, remote access testing, or
penetration testing;
3.1.8.be responsible for the security and proper use of the Trial Services. If you know,
suspect, or become aware that any breach of security of the Trial Services has
occurred, you must tell us immediately via this form;
3.1.9.provide us with information and feedback relating to your participation in the Trial in
accordance with Clause 4; and
3.1.10. pay any charges you incurred for accessing third party services via the Trial Services
(with the exception of any chargeable services you have specifically been asked, in
writing, to access by the Trial Team).
3.2. We may require you to reimburse us for any reasonable and foreseeable losses, costs and
expenses that we incur as a direct result of the misuse of the Trial Services by you or anyone
you have allowed to see or use the Trial Services.
3.3. You must ensure that the Trial Services are not used for any unlawful or improper purpose
such as:
3.3.1.Fraudulently or in connection with a criminal offence;
3.3.2.In a way that harms or could cause harm to NOW and/or Sky;
3.3.3.Otherwise in a manner which is in breach of any applicable legislation or regulations or
the rights of any other party (including proprietary or intellectual property rights,
copyrights, or trademarks. For example, by copying, storing, altering, transmitting,
distributing, broadcasting, or publishing any part of the content other than in a way
allowed under law. More detail on this is set out in the additional terms and conditions
for the Trial Service which you will agree upon accessing those services.

4. Feedback and Trial Activities


4.1. You agree to provide us with information and feedback relating to your participation in the
Trial by answering surveys sent to you during the Trial and/or at the end of the Trial. We will
require you to participate in Trial Activities we set throughout the Trial Period to remain on the
Trial. In addition, we may contact you to ask you to provide further information on your
responses to our surveys and you agree to assist us with this.
4.2. We reserve the right to end your participation in the Trial if you fail to provide us with
information in accordance with this clause.
4.3. Your responses may be included in our market research and be used to improve our
services.

5. How Long this Contract Lasts


5.1. The Trial will start from when you place your online order for the Trial Services, and last for
four (4) calendar months. At the end of the Trial Period, your account will either revert to your
previous membership status (which you will be charged for) or you will have the option of
resubscribing to a substantially similar chargeable service, and you may continue to use the
services and benefits associated with that membership in accordance with its terms and
conditions. Upon cancellation of the Trial Period, you may also have the option to subscribe
to a substantially similar service to the one provided during the Trial Period, should such a
service be made commercially available.
5.2. By registering for the Trial you are accepting the terms and conditions of this Contract. This
Contract shall continue until either (a) the Trial ends, or (b) either you or the Trial Team ends
your participation in the Trial in a way set out in this Contract (whichever is the earlier). We
make no commitment to make the Trial Services commercially available in the future after
the Trial Period ends.
5.3. You or we may end your participation in the Trial at any time by giving at least 10 working
days’ notice in writing, unless a shorter period is mutually agreed.
5.4. We may, at our discretion, immediately suspend the provision of the Trial Services and/or
end your participation in the Trial, at any time if you breach any term or condition of this
Contract. For non-serious breaches we will first give you an opportunity to put things right
which you will need to do within 7 days.
5.5. You may immediately end your participation in the Trial at any time by giving us notice via
this form if we breach any term or condition of this Contract.
5.6. At the end of the Trial, you may also have the option to either continue with your previous
membership (which you will be charged for) or subscribe to any substantially similar
chargeable service to the one provided during the Trial Period, should such a service be
made commercially available.
5.7. We can restrict and/or block the Trial Services if:
5.7.1.we reasonably believe you, or those people you allow to use Trial Services, are using
them in an unauthorised way (although for minor breaches we will first give you an
opportunity to put things right which you will need to do within 7 days);
5.7.2.it is necessary to protect the security or operation of NOW’s TV network or we
reasonably consider it is otherwise reasonable to do so (such as fraud).
5.8. For the avoidance of doubt, if your participation in the Trial ceases for any reason, and in any
event at the end of the Trial, your contracts for your other NOW services will not be affected
and you will remain responsible for payments for such services in accordance with your
relevant contract terms. Your Trial Service may be cancelled down when the Trial ends.
However, if the service continues then you will remain responsible for payments for such
services too.

6. Billing and Payments


6.1. The Trial Services will be provisioned to you by NOW at no cost to you for the duration of the
Trial Period.
6.2. You are responsible for all activity on your NOW account by anyone who uses the Trial
Services, including all charges incurred for accessing third party services via the Trial
Services (with the exception of any chargeable services you have specifically been asked, in
writing, to access by the Trial Team).
6.3. If you have any existing NOW services not included as part of the Trial Services (such as
Broadband) you will continue to be charged for those services and such charges will not be
reimbursed as part of this Trial.
6.4. Before the end of the Trial we will let you know what charges will apply for any replacement
of the Trial Services (for example, if we make similar services commercially available in the
future) so you can decide whether you wish to subscribe to them).
6.5. At the end of the Trial, if you choose to continue with any replacement of the Trial Services
then you will be responsible for any ongoing or future charges.

7. Confidentiality
7.1. This is a highly confidential Trial for a commercially sensitive service. It is very
important that you ensure that anyone who you allow to use the Trial Services is
aware of the confidentiality restrictions in this Contract and adheres to them. There
may be certain aspects of the Trial Services that you must not disclose or make
available to a third party under any circumstances. We will let you know where this is
the case.
7.2. You agree that all information relating to the Trial including, without limitation, the
performance of the Trial Services and the features, functions and ‘look and feel’ of the Trial
Services (including NOW software applications made available during the Trial) is
confidential to NOW and Sky. You will not use that information other than for the purposes of
the Trial or disclose or make available to a third party any such information including, without
limitation, on blogs, forums or social media sites other than the Trial Platform provided
exclusively for use as a feedback tool for Users, as notified by the Trial Team. This obligation
does not apply to information (a) which you are required to disclose by law, or (b) that we
give you express written permission to disclose.
7.3. You agree that you and anyone you allow to use the Trial Services will not share, publish or
otherwise make available any images or photographs or other visual representations of the
look and feel of the Trial Services.
7.4. If your participation in the Trial ends, the duty of confidentiality in this clause continues to
apply until such time as a service substantially similar to the Trial Services is made available
to the public.

8. Data Protection
8.1. We will monitor your use of the Trial Services and Trial Equipment to assist us with
improvements to the operation and provision of the Trial Services and development of NOW
and/or Sky’s products and services. We will store this data on an aggregated and
anonymised basis.
8.2. In order to provide the Trial Services to you, you acknowledge that we may require you to
provide Sky (or our agents or sub-contractors) with technical information, including (where
applicable) about your existing NOW service, equipment you have and broadband provider.
8.3. You acknowledge that the Trial Services will not include functionality for you to switch off or
reject non-essential cookies and technologies used by the Trial Services for the duration of
the Trial Period. This includes analytics cookies / technologies that are essential for us to
understand the performance and user experience of the Trial Services provided during the
Trial and cookies / technologies used to enable marketing and advertising capabilities that
we need to test during the Trial.
8.4. You consent to us processing your personal data for all legitimate purposes related to the
Trial. Any personal data provided to the Trial Team will be processed in accordance with Data
Protection Legislation. Personal data will be processed in the following ways:
8.4.1.To assess your eligibility to participate in the Trial;
8.4.2.Within Sky (or our agents or sub-contractors) to run and validate Trial tests and
scenarios;
8.4.3.To manage your account for the duration of the Trial;
8.4.4.Stored securely on systems with role-restricted access managed by Sky; and
8.4.5.Retained for up to six months after the Trial ends.
8.5. GDPR subject rights requests can be made to the Trial Team via this form. We will process
these within 28 calendar days of receiving any requests.
8.6. Further detail about information we hold about you and the way it is used is set out in NOW’s
privacy notice, which can be accessed by visiting
https://www.nowtv.com/ie/widget/eng/privacy.

9. Our Liability
9.1. We will not be liable under this Contract to you, or to any other person who you allow to use
the Trial Services for:
9.1.1.any use made of the Trial Services nor for any content which is accessed, sent or
received using the service or equipment, nor for any charges incurred with any third
party or for any transactions entered into during the Trial, unless caused by us;
9.1.2.the act of suspending or ending the Trial or the Trial Services;
9.1.3.any delay or failure by us to provide the Trial Services caused by events outside our
reasonable control. Matters outside our reasonable control include (but are not limited
to) severe weather conditions, epidemic, civil disorder, terrorist activity, war and
government action;
9.1.4.any delay or failure by us to provide the Trial Services caused by a change made by an
equipment manufacturer or provider of an operating system that is outside our
reasonable control;
9.1.5.any damage to separate devices or content that belong to you caused by digital content
we have supplied where such damage would not have been caused if you had followed
our reasonable instructions;
9.1.6.any loss or damage caused by your use of the Trial Services caused by us, or any of
our officers, employees, sub-contractors or agents in circumstances where:
9.1.6.1. there is no breach of a contractual obligation or legal duty of care by us or
any of our officers, employees, sub-contractors or agents; or
9.1.6.2. such loss or damage was not contemplated by both you and us at the time
we entered into this Contract.
9.1.7.any loss or damage caused by us, or any of our respective officers, employees, sub-
contractors or agents or the Trial Services to the extent that such loss or damage results
from any breach by you of this Contract, unless we or our officers, employees, sub-
contractors or agents were also in breach of a legal obligation or duty of care owed by
them and that breach was the most significant cause of the loss or damage;
9.1.8.any loss or damage caused by viruses or unauthorised use of the Trial Services that are
not directly caused by or attributable to us or the Trial Services;
9.1.9.any loss of or damage to any content transmitted or accessed via the Trial Services;
9.1.10. any loss or corruption of data, or any loss of business, contracts, profits, anticipated
savings, reputation, or revenue; and
9.1.11. any losses that were not foreseeable by us when we entered into this Contract.
9.2. This clause shall not affect any liability we may have to you for death or personal injury as a
result of our negligence or that of our (or their) agents, employees or sub-contractors, or for
our or their fraud or fraudulent misrepresentation, or for any other matter for which it would
be illegal or unlawful for us to exclude or attempt to exclude our liability.
9.3. We are not permitted to exclude our liability for certain matters, for example we cannot
exclude our liability to you for supplying digital content that are not of satisfactory quality, fit
for purpose or do not match their description, or performing any service (such as the Trial
Services) without reasonable care and skill. This condition shall not affect any such liability
that we have to you. However, when considering these standards please remember that this
is a Trial and you have agreed to the potential limitations of the service in Clause 2.6 above.

10. How we can Change the Terms and Conditions


10.1. We may change or supplement these terms and conditions at any time to ensure the
effective operation of the Trial or where necessary to allow us to achieve the purposes of the
Trial specified in Clause 2 above.
10.2. You will receive at least one month’s notice in writing of any changes or additions to
these terms and conditions, unless a change needs to be made sooner for valid legal or
regulatory reasons in which case we will notify you as soon as reasonably possible.
11. Notices
11.1.Where we are required under this Contract to give you any notice in writing, we will give you
this notice by email to the email address you provide to us when registering for the Trial. We
will send notices using the contact details you have given us for this purpose. Please make
sure you notify the Trial Team of any changes to your contact details. You must keep this
information up-to-date and check the primary email account that we hold for you regularly.
11.2.If you give us any notice under this Contract, you can do so by contacting the Trial Team via
this form.

12. General
12.1. This Contract is governed by English Law, unless you live in Scotland, Northern
Ireland or the Republic of Ireland, in which case it will be governed by Scots Law, Northern
Ireland Law or Irish Law (as applicable). Any disputes under this Contract shall be dealt with
by the courts of the country whose law governs your contract, unless you live in Scotland or
Northern Ireland in which case you can choose to bring a dispute before the courts in your
country or the English courts.
12.2. If any provision of this Contract is found to be invalid or unenforceable, the remaining
clauses will continue to apply.
12.3. Your use of the Trial Services is also governed by the NOW Terms of Use available
here, which you will have to agree before starting the Trial. In the event of any conflict
between the NOW Terms of Use and this Contract, this NOW Customer Trial Terms and
Conditions will take precedence in respect of the Trial Services.
12.4. We can transfer our rights and/or obligations under this Contract to any member of
the Sky group of companies or any other company, firm or person either as a variation to this
Contract or as a new contract provided in either case this does not affect your rights under
this Contract in a negative way.
12.5. This Contract is personal to you. You may not transfer your rights or obligations under
this Contract to anyone else unless we agree otherwise, and no third party is entitled to
benefit under this contract.

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