NOW TERMS OF USE FOR NOW on BT TV (the “Terms of Use”)

References below to “we”, “us” or “Sky” means Sky UK Limited registered at Grant Way, Isleworth, Middlesex TW7 5QD under registration number 2906991.

1. These Terms of Use set out the terms on which we provide NOW services to you via your BT TV platform and other approved NOW devices.

2. BT’s terms and conditions and the NOW standard terms also apply to your use of the Services. You can find BT’s terms at www.bt.com/legalstuff (The “BT Agreements”) and the NOW standard terms at www.nowtv.com/terms (the “NOW Terms”). You should take some time to read these Terms of Use, the BT Agreements and the NOW Terms. In the event of any inconsistency between these Terms of Use and the NOW Terms, these Terms of Use take precedence. If you cancel your BT Agreement, then these Terms of Use and any Service provided under them will also cancel.

3. "Service(s)" means the services provided by NOW to its users which shall also include programme recommendations and newsletters.

4. "Content" means the selection of NOW on-demand content and linear channels that will be made available on the NOW app on the BT set top box and where available, linear channels via BT TV on the BT set top box, and

5. "Device(s)" means compatible, registered device(s).

6. NOW Subscription Services:

6.1 Month Membership Subscriptions:
I. NOW CINEMA MEMBERSHIP: gives you access to a great range of on-demand content and movies channels.
II. NOW ENTERTAINMENT MONTH MEMBERSHIP: This gives you access to a selection of pay TV channels, a great range of on-demand content and box sets.
III. NOW KIDS MONTH MEMBERSHIP: This gives you access to a selection of pay TV channels, a great range of on-demand content and box sets for kids.
IV. NOW SPORTS MONTH MEMBERSHIP: This gives you access to live streamed Sky Sports channels plus extra sports content via Bonus Streams on compatible devices. Bonus Streams are not available with the Sports Mobile Month Membership.
V. NOW SPORTS MOBILE MEMBERSHIP: This gives you access to live streams of Sky Sports Premier League, Sky Sports Action, Sky Sports Arena and Sky Sports News on your compatible smartphone only.
VI. hayu MONTH MEMBERSHIP: This gives you access to a selection a great range of reality TV shows both on-demand content and box sets, as shown on the hayu service.
VII. NOW BOOST – As long as you have the relevant standard monthly membership, and a registered compatible device this gives you access to a selection of channels in HD format, as well as allowing you to use three of the compatible devices registered on your account at once, instead of the usual two.

6.2 NOW Day and Week Memberships:
I. I. NOW SPORTS DAY AND WEEK MEMBERSHIPS: The NOW Sports Day and Week Memberships give you access to live streamed Sky Sports channels via a compatible registered device for either a consecutive 24 hour or 7 day period depending on the membership purchased. We no longer sell NOW Sports Week Memberships but you may still be able to activate your viewing if you have purchased a membership not already done so.

7. All fees payable by you for use of the Service are payable in accordance with your BT Agreements, even if you make a purchase of a NOW membership from nowtv.com or via your NOW My Account area.. All payments for the Services are collected by BT through your BT bill

7.1 7.1 Cancellation of your NOW memberships is subject to your Agreements with BT.

8. From time to time we might make changes to the Service.

8.1 If we change the NOW Sports Day Membership service, we will give you notice on the NOW website.

WHAT NETWORK CONNECTION DO I NEED TO WATCH NOW?
10. On the Now app

10.1 You need broadband or a 3G mobile network to stream content from NOW. You'll need a fast enough line and an adequate broadband data allowance. To stream via broadband, we recommend a minimum 2.5Mbps connection for streaming in 720p or a minimum connection speed of 12Mbps to stream selected content in 1080p HD if you have NOW Boost. Your streaming rates depend on network load in the home and could be affected by other users using the broadband connection at the same time. If you're using a 3G mobile network, you'll need a connection speed of at least 450Kbps (or higher - depending on what you want to watch and the device you're using).

10.2. Obviously, you'll be responsible for all costs charged by your mobile network and broadband providers and your internet service provider. Remember that streaming audio-visual content can use up a lot of data, so if your broadband package doesn't give you unlimited downloads you need to check that you have an adequate monthly data allowance.

11. On BT TV

11.1 You will need a minimum speed of 2.6Mbps to receive the Video On Demand service and 5.25Mbps for the full TV service. To stream selected content in HD with NOW Boost you will need a minimum speed of 12.5Mbps.

WHICH DEVICES CAN I WATCH NOW ON?

12. There's a full list of compatible devices on the NOW website. Certain services or content may not be available on all devices and we continually review device support and as new operating systems appear we may stop supporting older versions. This means that to continue using the service you may need to update the software on your device from time to time. As detailed further in these Terms of Use you should ensure that any device you use to access the service is compatible with the service.

12.1 You will be able to watch NOW channels through your BT TV set-top-box if you have a BT Fibre Broadband product and have taken the Service from BT. To watch Video On Demand content you will need to watch through the NOW app on your BT set-top-box.

DO YOU PROVIDE PIN CONTROLS TO PROTECT AND HELP MANAGE MY ACCOUNT?

13. For all Devices there are various features (like PIN protection) which can help you control your account. Most of these features can be controlled within the service but in some cases you will need to do so using the settings on your device – there's more information on the NOW website.

14. If you watch NOW via the BT YouView Box or NOW app on the Box, BT parental pins will apply.

WHO DO I CONTACT IF SOMETHING GOES WRONG?

15. If you are having problems with your NOW on the BT TV platform, you should contact BT on 0800 800 150

YOUR PERMISSION TO ACCESS THE SERVICES AND CONTENT

16.You may only access the content and some services in the UK (including the Channel Islands and Isle of Man).

17. You may only use the services and content in the ways expressly permitted in these Terms of Use (as updated from time to time). You can only access the services and content for your personal, non-commercial use. You must follow our reasonable instructions and requirements in relation to how you use the service and content.

SOME EXAMPLES OF THINGS YOU MUSTN'T DO:
I. Copy, rent, sell, reproduce, publish, republish, post, broadcast, frame, transmit the services or content (or any part of them), or make them available to the public, or authorise or assist anyone else to do so, except as permitted under the Copyright Designs and Patents Act 1988, as amended from time to time ("Act"). The exceptions in the Act are limited and you must make sure you are legally entitled to rely on one of them;
II. Make any direct or indirect charge for watching or using any part of the services or content;
III. Show any of the content or any part of the service in public to an audience, even if no direct or indirect charge is made;
IV. Access or use the services or content for any improper or unlawful purpose or allow anyone else to do so.

ACCESS PERIODS
18. The time frames in which you may watch some parts of the content or access some parts of the services may be limited to certain ‘access periods’. For example, the NOW Sports Day Membership service lasts for a period of 24 consecutive hours from the time you activate your membership or start watching any content included in the NOW Sports Day Membership. Stopping, pausing or re-starting content won’t extend the access period for watching it. Once the relevant access period has expired, the content will no longer be available to you. If an access period is applicable, it will be stated on the NOW website at the time you purchase content.

CHANGES TO THE SERVICE AND CONTENT

19. The content will change regularly – that means on any given day, week or month, fresh and exciting movies, entertainment, channels etc. may become available (and other movies, entertainment shows, channels etc. will stop being available).

20. We may vary, replace or withdraw any service, feature or functionality or channel or content provided as part of a service at any time. We provide the services on an ongoing basis and we cannot foresee what may change in the future. This means we may make changes other than those set out in these Terms of Use.

21. Some of the content we provide is supplied by third parties. The availability of such content is outside our control and we may be unable to make certain programmes available via the service (including live channels) or we may be unable to show certain content on certain devices. We'll use our reasonable efforts to notify you in advance (via the NOW website, within the electronic planner guide within the service or otherwise) about device restrictions and the unavailability of certain content. In addition, some features of the channels available via the NOW service may differ from the channels broadcast on other platforms. For example, features via the red button may be unavailable.

DEVICES

22. Unless you have purchased NOW Boost, you can only register up to six compatible devices on your account. Of the six you register, only two devices can be used at any one time, unless you have purchased NOW Boost in which you will be able to use three devices at once. You'll be able to swap your registered devices a limited number of times (normally three times a month). See the NOW or BT website for further details.

23 The services and content available via each device may differ. Please see the NOW website for further details about which devices are compatible with NOW.

24 You must ensure that your devices meet the minimum hardware, systems and software requirements, as set out on the NOW website and updated by us from time to time. It's important to note that you mustn't transfer content to any unauthorised devices, or attempt to access the services or content via any media or device other than your compatible registered devices in the ways expressly permitted by these Terms of Use.

25. From time to time device manufacturers or the provider of the device operating system may impose changes that limit or restrict your use of NOW on that device.

26. For security reasons and to protect the rights of our content partners NOW may not be supported on a device where limitations included within the device operating system have been removed or tampered with (this is sometimes called 'jailbreaking').

SECURITY

27. You're responsible for the security and proper use of your log-in details (NOW email and password). If you know or suspect that your NOW email or password has been compromised, or you suspect or become aware of any other breach of security, you must tell NOW immediately, and you must also ensure that any such NOW email and password is changed as soon as possible. If NOW believe that there's been, or is likely to be, a breach of security NOW may suspend NOW email or passwords and require that they're changed, NOW may also restrict your use of all or any part of the service.

NOW'S RIGHT TO CANCEL OUR AGREEMENT

28. We can cancel our agreement with you (or any part of it) at any time.

29. We may immediately suspend or restrict your use of all or any part of the services and/or content without refunding or compensating you if:

I. You breach these Terms of Use, 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;
II. We suspect or believe that you've committed or may be committing any fraudulent activity against us or against any other person or organisation through your or their use of the service or content;
III. You have acted towards our staff or agents in a way which we reasonably consider to be inappropriate or unacceptable and sufficiently serious to justify restricting or ending your use of our service; or
IV. It's not reasonably avoidable due to technical or operational reasons which are beyond our reasonable control.

30. The Service is made available via BT TV under an agreement between us and BT. If our agreement with BT ends and the Service can no longer be provided to you, we or BT will give you written notice of this fact and tell you the date that your Service will end.

31. If you no longer have the right to access the Service under these Terms of Use or BT Terms and Conditions or any of your BT Agreements are terminated or suspended, we reserve the right to automatically end or suspend your access to the Services at that point.

32. We will not refund any payments made to BT for the Service if we or BT end the Agreement because you have broken a term in it.

33. For clarity, if you or BT end your BT Agreement, then these Terms of Use and any Service provided under them will also cancel and the NOW Terms (or any updated version of them) will apply to any later use of the NOW service.

NOW'S RIGHT TO CHANGE THESE TERMS OF USE
34. We can change or add to these Terms of Use at any time for any of the following reasons:
I. We change, alter, improve or add to any of our services;
II. We intend to change the way we structure our services;
III. We change the way we provide our services (for example, we develop new technology to provide you with a better experience);
IV. To help improve the security and operation of our technical infrastructure (for example, to prevent misuse of our digital content platform);
V. We reorganise the way we structure or run our business;
VI. To introduce new charges where the cost of running our service increases;
VII. For valid legal or regulatory reasons or
VIII. To make our Terms of Use clearer or easier to understand or to have all our customers on the same Terms of Use.

35. In addition, we provide the services on an ongoing basis and we cannot foresee what may change in the future. This means we may make changes or additions to these Terms of Use for reasons other than those set out above. BT will notify you about these changes.

LIABILITY

36. By signing up to use NOW, and using any part of the services and content, you agree that you'll be responsible for your actions and omissions.

37. To the full extent permitted by law, we and our associated companies and agents exclude responsibility and all liabilities arising from:

I. Any use of NOW which isn't authorised by us,
II. Ending, suspending or restricting the services or content or any part of the services or content in accordance with these Terms of Use,
III. Any delay, failure, act or default in relation to the provision of the services and the content,
IV. Errors, viruses or bugs present in or arising from your use of the service
V. Incompatibility of the service or content with any other software or hardware (including compatible registered devices), and
VI. Any act or default of any third party supplier, device manufacturer or provider of a device operating system, which are beyond the reasonable control of Sky UK Limited (Registration No. 2906991).
VII. The services provided by BT, including but not limited to the network and data services necessary to access the relevant Services or collecting any payments from you other than as specified within these Terms of Use. The BT Agreements cover these aspects.
VIII. Any product or service advertised, promoted, offered or sold by third party service providers on the Service. 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 able liability and make no representations or warranties in relation to the accuracy or completeness of such information. Some of the content on the Services is provided by Third Parties. The availability of such content is outside of our control and we will not be responsible for the suspension or loss of such content.

38. Save that nothing in these Terms of Use will in any way limit or exclude any party's liability for (i) death or personal injury arising from negligence, or (ii) fraud, our total liability to you won't exceed the amount you've paid to access the NOW services in the 12 months preceding your bringing a claim relating to the NOW services or content.

39. We are not permitted to exclude our liability for certain matters, for example we cannot exclude our liability to you for providing digital content that is not of satisfactory quality or fit for purpose or that does not match its description. This clause shall not affect any such liability that we have to you.

40. If you require any advice on your legal rights, you can refer to www.adviceguide.org.uk.

LAST FEW LEGAL BITS

41. Any part of these Terms of Use found to be unenforceable will be treated as deleted and the remainder of the Terms of Use will continue to govern the relationship between us and you.

42. English law governs your use of NOW, these Terms of Use and any dispute arising out of them, unless you live in Scotland in which case Scots law will govern these matters. Any dispute under these Terms of Use can be dealt with by any UK court that can lawfully deal with the case, unless you live in Scotland in which case you can choose to bring a dispute before the courts in your country or in the English courts instead.

43. The agreement between us and you is personal to you and no third party is entitled to benefit under it, can use the services in accordance with the permissions granted to them. We can transfer our rights and obligations under these Terms of Use to any company, firm or person. You may not transfer your right or obligations under these Terms of Use to anyone else.