DEMAND FIVE is the video-on-demand service owned controlled and operated by Channel 5 Broadcasting Limited of 22 Long Acre, London WC2E 9LY ("Five")
Use of this website is subject to Five's website terms and conditions, available
here.
The following terms and conditions apply to the use of content made available by Five on the DEMAND FIVE section of the Five website www.five.tv ("Content"). By viewing Content you agree to these terms and conditions of use.
1. Five at its discretion may make Content available for time to time to be viewed either without charge or for a cost specified from time to time. Content may be restricted to a certain number of viewings and/or a certain time period("the Licence Period"). Five may withdraw any Content or change pricing without notice.
2. This service may only be used by UK residents over the age of 18, upon computers located within the UK. Users are responsible for ensuring that they have the correct equipment with the correct technical specifications to access the service; and shall be responsible for their own costs of accessing the internet and the services provided by Five. Where Content is available for a charge, payment must be received by Five in full before it may be accessed.
3. Content purchases are final once payment is received from Five whether or not you exercise your rights to view Content. Refunds are entirely at the discretion of Five.
4. All prices will be inclusive of VAT unless otherwise stated.. You may pay by Switch or by any Mastercard or Visa credit card. Your card details will be encrypted in order to minimise the possibility of unauthorised access or disclosure. Authority for payment in full of the price of the Content selected must be provided at the time you place your order and your card account will be charged at that point in time.
5. Five shall be entitled to discontinue, suspend or vary the DEMAND FIVE video-on-demand service or any part of it at any time without notice and without liability to you or any third party.
6. The Five website the DEMAND FIVE service and Content are provided on an "AS IS" and "AS AVAILABLE" basis and Five gives no guarantees that that they will be available at all times or without error or delay or that the Five website the Content or the server that makes it available will be free of defects.
7. Five's liability to you in connection with any order placed by you shall be limited to the total price paid by you for the Content in question and in no event shall Five or its shareholders directors officers employees or third party affiliates be liable for any indirect consequential special or incidental damages of any kind howsoever arising out of or in connection with the use of the Content.
8. These provisions shall not affect your statutory rights or apply to death or personal injury caused by Five's negligence.
9. All Content made available on the DEMAND FIVE service is owned by Five and/or its licensors and is protected under copyright law. You agree and acknowledge that you shall not acquire any rights of ownership by downloading any Content and that you will only use Content for your own personal non-commercial purposes during the Licence Period. You may not copy reproduce lend hire public perform broadcast or otherwise distribute or exploit the Content except as specifically authorised hereunder and during the Licence Period. The use of RSS feeds from the DEMAND FIVE service must be for non-commercial purposes only.
10. The Content contains security technology and carries an individual digital watermark which cannot be removed and you hereby agree that you will not attempt to or to assist any other person to remove or otherwise alter or interfere with such security technology and watermark and authorise the disclosure by Five to third parties of any information Five considers appropriate for the purpose of detecting and taking action against copyright infringements including any information concerning the use by you of the DEMAND FIVE service.
11. Any personal information collected from this website will be used by Five in accordance with our
Privacy Statement, the Data Protection Act 1998 and any other relevant legislation.
12. If you have agreed to receive emails containing newsletters and information about our products and services, your personal details will be included in a database compiled for these purposes. From time to time, you may receive marketing information from us. If you have agreed to receive emails from selected third parties, your personal details will be included on a database compiled for these purposes. From time to time, you may receive marketing information from these third parties.
13. If you no longer wish to be contacted for marketing purposes, please
log into your account, click on "My Five", click on "Account Settings", and then uncheck the "Stay in touch" box. As soon after this as is reasonably practicable, we will remove your details from the relevant database.
The DEMAND FIVE service is operated by Five in conjunction with Worldpay. You should contact the
DEMAND FIVE Customer Support Team if you have any queries or if you experience any difficulties with accessing the DEMAND FIVE service. If you are unable to download Content you have paid in full for or if any such Content proves to be defective on or after download then when this is attributable to the negligence or default of Five then Five will at its election either provide a replacement copy of the Content or a full refund of the payment made by you for such Content.
These terms and conditions shall be governed by and construed and enforced in accordance with the laws of England and Wales and any disputes arising from your use of the Five website and/or the DEMAND FIVE service shall be subject to the exclusive jurisdiction of the English Courts.
Nothing in these terms and conditions confers on any third party any benefits under the Contracts (Rights of Third Parties) Act 1999
