Terms & Conditions

Introduction

The information below tells you how you may use the itv-choice.com website (the “Website”).The primary purpose of the Website is to enable platform operators and viewers of the television channel currently known as ITV Choice (the “Channel”) to learn about the Channel’s programming and scheduling.

Who uses and who provides the Website and its Content?

References to “you” or “your” mean you as a user of the Website. References to “we”, “us”, “our” or “ITV” are to the provider of the Website which is provided by ITV International Channels (Asia) Limited a company registered in England & Wales with registered office at The London Television Centre, Upper Ground, London SE1 9LT. Company No. 0415923.

If you have any questions, queries or complaints about these Terms or the Website please contact us at the email or postal address given in the “Contact Details” section below.

Why should you read these Terms?

Please read these Terms (and any applicable third party terms of use and privacy policies) carefully. By accessing and continuing to use the Website you agree to be legally bound by the version of these Terms in force at that time. If you do not agree with any of our Terms then you should not use the Website.

Will these Terms change?

Please note that we may update and amend these Terms from time to time and the current version of these terms will be posted on the Website. The version of these Terms that is current at the time you use the Website will apply to your use. It is your responsibility to ensure you review these Terms regularly to familiarise yourself with any changes. Your use of the Website following any such changes will constitute your acceptance of the revised Terms. Please note that ITV updates these Terms from time to time so please review them regularly. These terms were last updated on 05 December 2013.

Website Information

Though ITV endeavours to ensure the accuracy of the information placed on the Website it does not guarantee the accuracy of correctness of such information or of any other content, description or material placed on or referred to on this Website. If you are dissatisfied with the Website or any content or materials on it ,your sole exclusive remedy is to discontinue your use of the Website.

Data Protection Terms:

Please read our Privacy Policy and our Cookie Policy posted on our Website, which contain important information about how ITV uses any personal information about you that it receives through your use of the Website. If there is any inconsistency between these Terms and the terms of our Privacy Policy and Cookie Policy, the Privacy Policy and Cookie Policy will prevail to the extent of such inconsistency.

Third Party Terms: Please also see the section below entitled “Third party content and services” regarding certain pages and services that are provided on our Website and which are managed, hosted and/or operated by a third party

RESPONSIBILITY AND OWNERSHIP OF WEBSITE AND CONTENT

Who is responsible for the availability and content of the Website?

The Website and the information contained therein is made available to you by ITV at our sole and absolute discretion. We have absolute editorial control over the Website (including all the material and/or content made available) at all times.

Who owns the intellectual property in the Website?

All copyright, trade marks, design rights, patents and other intellectual property rights (whether registered or unregistered) in the Website and all material or content made available by ITV via the Website are and will remain at all times the property of ITV (or ITV’s licensors or third parties, as applicable).

Who can use the intellectual property in the Website and its content?

The names, images and logos identifying us, companies in the ITV group, our partners or third parties and our/their products and services contained in the Website and its content are proprietary marks and may not be reproduced or otherwise used without our express permission.

Nothing contained in these Terms grants you a licence or a right to use any copyright, trade marks, design rights, patents or other intellectual property right owned or controlled by ITV, its licensors or any third party, except to the limited extent necessary to use the Website.

Can the content of the Website be copied?

You may not copy all or any part of any materials or content made available by ITV via the Website except to the extent permitted expressly by us, or at law.

ITV’S RIGHTS, OBLIGATIONS AND LIMITS ON LIABILITY

What are our rights in relation to your use of the Website?

We reserve the right to suspend, restrict or terminate your access to all or any part of the Website at any time at our sole and absolute discretion.

We may also permanently ban or temporarily suspend you from using the Website if you do not comply with these Terms or any other applicable terms, at our sole and absolute discretion.

What are our obligations and limits on liability?

The Website and its content are provided on an ‘as is’ and ‘as available’ basis. We cannot promise that our Website and the information it contains will be free from errors or omissions nor that the Website will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the Website will be available on all devices. We make no guarantee that all or any features of the Website will work on any particular device. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them.

The Website may be suspended temporarily and without notice for any reason including without limitation in the case of system failure, maintenance or repair or due to events reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Website is unavailable, discontinued, modified or changed in any way.

In addition to other specific exclusions of liability set out in these Terms, we do not accept any liability for:
• any damage or loss caused to you while using our Website in breach of these Terms, including but not limited to where you are using our Website for purposes other than your own personal, non-commercial use;
• any damage to your device or any software;
• any loss of data that results from your use of the Website;
• any loss of income, revenue, business, profits or contracts that results from your use of the Website;
• any failure, suspension and/or termination of access to the Website and/or any content or information in connection with or arising out of an event which is outside our reasonable control (including but not limited to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents);
• any claims brought against you by a third party except as stated in these Terms; and/or
• any damage or loss caused to you where such damage or loss (i) is not reasonably foreseeable to you and us when you use the Website or (ii) is reasonably foreseeable to you and us but is only indirectly related to your use of the Website; in both cases including where the damage or loss results from our breach of these Terms.

Any content, information or other materials included in the Website do not, and are not intended to, amount to advice on which you should rely. Consequently we do not accept any responsibility or liability for any actions or omissions that you may take in reliance on such content or materials.

We make no representation that any of the content on our Website is appropriate or available for use in your country. You are responsible for ensuring that your use of our Website is in compliance with all applicable local laws and regulations.

Nothing in these Terms will:
• restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service, more details about which can be obtained from your local Trading Standards Office or Citizen’s Advice Bureau); or
• limit our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or other liability which cannot be excluded or limited under applicable law.

Are my details kept safe?

We use security measures to keep details you have provided to us safe but we advise that you never reveal to others via the Website any personal information about yourself or anyone else (for example: telephone number, home address or email address). You are entirely responsible for maintaining the confidentiality of your details when using our Website.

Can you link to our Website?

You may link your website to the home page of our Website, provided that you own that website and that you do so in a way that is fair, legal and does not take advantage of or damage our reputation and any such link is for non-commercial purposes. Any such link must not, suggest or in any way give the impression that you have any commercial relationship with us, or that we have approved or endorsed such link. You may not create a link to any part of our Website other than the home page. We reserve the right to withdraw permission to link to the home page of our Website at any time without notice at our sole and absolute discretion. You may not “deep-link” to pages beyond the home page without our express permission.

Can you frame our Website?

You may not frame our Website on other websites without our express permission.

THIRD PARTY CONTENT AND SERVICES

Do third parties provide content and services on our Platforms?

Please note that certain pages and services provided as part of the Website may be hosted, managed and operated by a third party. Where this is the case it will be indicated on the page. Some pages may contain links to other third party websites, platforms and services through advertising or otherwise, and in certain circumstances our content may also be made available on third party services and platforms (“Distributed Content”).

Who is responsible for third party content and services?

These third parties are companies wholly independent of us and are solely responsible for all aspects of any transaction you may make using such services. These third parties may have their own privacy policies and/or terms and conditions of use. Your use of such third party websites and services will be governed by their terms and conditions and privacy policies, we therefore recommend you read such terms and conditions and privacy policies and you agree to comply with them. For the contact details of the applicable third party see that third party’s terms and conditions available or referred to on the applicable Platform.

You are free to choose whether or not to make use of such third party services. Consequently we do not accept any responsibility or liability for content incorporated in our Website in this way or any actions or omissions that you may take in reliance on it. We are not responsible for the contents (including the Distributed Content) or availability of such third party websites or services (including the failure of any links to them). We do not endorse the material contained in their websites or services. Any links to third party services are provided for your convenience only.

If you use a third party service, you agree that: (i) we won’t be party to any transaction or contract with a third party that you may enter into (which may include, but is not limited to, a transaction or contract where the third party sells or otherwise provides Distributed Content, or access to Distributed Content, to you pursuant to that transaction or contract); (ii) we will not be supplying those services (including, where applicable, any Distributed Content) to you; and (iii) we won’t be liable to you for any loss or damage which you may suffer by using those third party websites and/or services (including any use by you of Distributed Content). You agree that you will not involve ITV in any dispute you may have with such third party websites and services.

OTHER GENERAL TERMS THAT APPLY

Where are these Terms available?

These Terms are available on the Website. We will not file or store a copy of these Terms for each interaction or transaction by you via the Website. We therefore recommend that you print and store or save a copy of these Terms for future reference.

Can you transfer your rights under these Terms?

You may not assign, sub-license or otherwise transfer any or your rights or obligations set out in these Terms to any other person.

Can a third party enforce these Terms?

These terms do not create any rights that are enforceable by any person who is not a party to these Terms.

What happens if we do not enforce a right under these Terms against you?

If we decide not to exercise or enforce a right that we have against you (e.g. as a result of you breaching these Terms), this does not prevent us from doing so at a later date.

What happens if part of these Terms is not enforceable?

If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms and they will remain in full force and effect.

What happens if there is a dispute about these Terms?

These Terms are available in English only and are governed by and construed in accordance with the laws of England . Disputes arising in connection with these Terms are subject to the exclusive jurisdiction of the courts of England and Wales.

DETAILS OF WHO TO CONTACT

You can email us with any questions, queries or complaints at international.channels@itv.com
Alternatively, our postal address is: ITV International Channels (Asia) Limited, The London Television Centre, Upper Ground, London SE1 9LT.