Terms & Conditions
Note: If you are a ThreeUK Netgem TV member, please refer to the “Netgem TV – Three Subscriber Terms of Service”
Last updated December 2021
You just purchased a Netgem TV device and you are about to create a Netgem TV Account on the netgem.co.uk website and we thank you for that. In order to fully benefit from the Netgem TV’s entertainment services as displayed on your device you will need to create your Netgem TV Account. Please note that the ordered device and any included voucher are strictly personal and cannot be resold in any manner whatsoever.
BEFORE creating your Netgem TV Account and getting access to Netgem TV’s products and services, please read and pay attention to the following Terms of Use. NO ACCOUNT CREATION is possible without agreeing to these Terms of Use.
Once you will have read and agreed to these Terms of Use, please click on “I AGREE” and continue the registration process. If you do not to agree to these Terms of Use, then do not click on “I AGREE” and no Netgem TV Account creation will be done.
ABOUT NETGEM TV
Netgem UK is a private limited company based in London, with its head office at Bank Chambers, 6 Borough Hight Street, London SE1 9QQ. Netgem TV is a Entertainment & TV Service provider. You can find any additional information on our activity and legal structure by clicking on the following link: http://www.netgem.com
YOUR PROFILE
By setting up a Netgem TV Account on Netgem TV’s website you acknowledge and warrant that:
- you are resident in the United Kingdom;
- you are at least 18 years old;
When setting up your Netgem TV Account, you will be requested to provide certain type of information (to the exclusion of any personal financial information such as a credit card number for instance). You warrant that any information you provide to us will be (i) accurate, current, and complete; (ii) updated when there is a change; and (iii) your own information and not that of another individual. If you provide any information that is untrue, inaccurate or incomplete, or we have reasons to suspect that such information is untrue, inaccurate or incomplete, we retain the right to suspend or terminate the Netgem TV Account you have established and/or to refuse any or all current or future use of the Netgem TV Account or any devices linked thereto.
We strongly recommend you not to reveal your Netgem TV Account information to anyone, as you are solely responsible for maintaining the confidentiality of your Netgem TV Account, login ID and password (as provided by you to Amazon), and for all activities that occur on or through your Netgem TV Account. You agree to immediately notify Netgem TV of any unauthorized use of your Netgem TV Account, or any other security breach involving your Netgem TV Account. You agree that Netgem TV will not be responsible for any losses arising out of any unauthorized use of your Netgem TV Account.
ELECTRONIC COMMUNICATIONS
When you use any Netgem TV Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Netgem TV Services. For contractual purposes, you expressly consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
ACCEPTANCE OF NETGEM TV’S TERMS OF USE
By setting up and/or using your Netgem TV Account or using any of our service through our device: you expressly agree to be bound by these Terms of Use.
BY ACTIVATING YOUR “AMAZON PRIME VOUCHER” YOU ARE AGREEING TO EXPRESSLY WITHDRAW YOUR CANCELLATION RIGHT RELATING TO THE ORDERED DEVICE. YOU ACKNOWLEDGE THAT ONCE ACTIVATED YOUR VOUCHER IS NON REFUNDABLE.
RETURNS POLICY
We always hope you will be happy with your new Netgem TV device but just in case you are not, we have set out below when you can return it.
If, within 14 days of receiving your purchase, you elect to return your Netgem TV device, just call us on 020 3657 3639, Monday to Friday between 09:30 and 17:30. Our customer support advisors will be able to help you immediately. Here are some important things to remember though:
You can turn on and use the Netgem TV device to inspect it and to make sure you’ve received what you thought you were buying, but if any damage is caused, or it is used beyond what’s reasonable, we have the right to charge you for any loss in value to the goods as a result of your use or damage. You’re allowed to do what is reasonable to ensure you’ve received what you thought you were buying and that it works as expected.
If you return the Netgem TV device to us, you will need to include not only the device, but any packaging, manuals, and accessories supplied with the device. If anything is damaged or missing, you may be charged for these.
We realise mistakes can happen, so we ask that you take care when returning the Netgem TV device to us. If don’t return the device at all, we will not be able to process your request and you’ll continue to be charged in accordance with your agreed payment schedule with us.
Please note that this policy will not affect your statutory rights, which cannot be excluded. For more information on your statutory rights, please contact your local authority Trading Standards Department or Citizens Advice Bureau.
WHY DO YOU NEED TO SET UP AN ACCOUNT ON NETGEM TV’S WEBSITE?
The creation of this Netgem TV Account is required to activate your device, create your online profile and obtain your “Amazon Prime Voucher code”.
Once your Netgem TV Account is created, you will have the opportunity to:
- link your device to your Netgem TV Account and have access to various set of services, content and potential offers as provided by Netgem TV to its end-users. Please note that some of those services, content and potential offers may be ruled by specific terms and conditions to be agreed upon on a case-by-case basis;
- obtain your “Amazon Prime Voucher code” for activation on the Amazon Prime website. Please note that your Amazon Prime Voucheris strictly personal and will be strictly ruled by Amazon Prime Voucher Policy .
DESCRIPTION OF NETGEM TV SERVICES
Netgem TV services provide access to free and paid-for Entertainment services through the following means:
- Freeview TV and radio channels through the Digital Terrestrial TV signal (requiring a TV aerial)
- Catch-up TV services from Freeview Play accredited Content providers (typically the British Public Service Providers – requiring an Internet connection)
- Free and paid-for On-Demand Music and TV services (requiring an Internet connection)
- Additional services requiring an Internet connection (Alexa voice control of the Netgem TV device).
When accessing and using these services, some specific fees might be requested on a case by case basis. Before using these services you might be requested to approve specific terms and conditions. For more details please refer to our website on http://www.netgem.co.uk
Please note that the provided Services may be modified from time to time at Netgem TV’s sole discretion and exclude any Internet connection subscription for which we recommend you to contact your Internet Service provider. Depending on your contract with your Internet Service provider, you may incur additional data charges from your provider when you access the Netgem TV Services.
ACCESS AND AVAILABILITY OF OUR SERVICES AND CONTENTS
INTELLECTUAL PROPERTY RIGHTS
The services, contents, softwares, patents, trademarks, applications and potential offers that are accessed and displayed on the Netgem TV device (hereinafter called the Service or Services) are for the sole purpose of your personal and non-commercial private use in the United-Kingdom territory. Those Services are protected by copyright or other intellectual property laws and treaties, and are subject to the terms of use of third-parties’ providers. These Terms of Use do not grant you the right to copy, distribute, prepare derivative works or publicly display such Services. Any rights in the Services not expressly granted to you are reserved by the relevant third-party content providers. You may not engage in or facilitate unauthorised access to or use of the Services.
You only have access to Services that have been authorised for the country with respect to which you have established your Netgem TV Account.
CLAIMS
If you believe that your rights are being infringed, you may submit a written Notice to us by registered post mail. We will respond as soon as possible to rights owners and their agents who gently inform us by and submitting such notice to communicate concerns about any alleged infringement.
Upon receipt of a Notice Form we may take certain actions without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice, you grant to Netgem TV the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Netgem TV for all claims brought by a third party against Netgem TV arising out of or in connection with the submission of a Notice.
Warning: giving false, misleading or inaccurate information in the Notice to Netgem TV may result in civil and/or criminal liability. You should seek legal advice should you have any question.
SERVICE AVAILABILITY AND LEVEL
Your own equipment such as: your Internet connection, your television set or mobile device may have some impact on the display quality of our Services. Please be aware that Netgem TV may be compelled from time to time to suspend part or the whole range of its Services for maintenance purpose.
Netgem TV may, from time to time, in its sole discretion or upon third-parties providers express request, vary its Services range and may add or remove Services without notice to you.
Netgem TV reserves the right to remove or restrict, from your device, access to any Service if Netgem TV has reason to believe that the device linked to your Netgem TV Account is stolen, hacked or compromised, or that the Services are not properly authorised or licensed, violates any law, or has been offered by a third-party provider in violation of any agreement. Netgem TV may also terminate, suspend or place any Netgem TV Account on hold in order to protect itself and its partners from what it believes to be fraudulent or illegal activity.
You are responsible for ensuring that any age-restricted Service is not accessed, used and/or viewed by any person not meeting the applicable age limits, as specified by law, regulation or the relevant content provider.
CORRECTIVE AND EVOLUTIVE MAINTENANCE OF THE SERVICES
Netgem TV reserves the right to automatically update the Services, including corrective maintenance (bugs fixes, updates, changes to the user interface….) that may add, alter or remove functionalities and features. You acknowledge that these updates may happen automatically in the background at any time (and that they cannot be disabled by you). You understand that these updates are necessary to maintain compatibility with other updates to our device or services and may be required for security reasons. By using the Netgem TV’s Services, you hereby AGREE to receive such updates.
PROTECTION OF PRIVACY AND DATA
When creating Netgem TV Account, Netgem TV will collect some of your personal data such as your name, email address, telephone number, device purchase information and demographics to the exclusion of any billing or payment information. For any further details concerning your data protection, please refer to our Data Protection and Privacy Policy on our website at http://www.netgem.co.uk
By agreeing to be bound by these Terms of Use, you agree that you have read and understood the collection, use, transmission and disclosure of your information or data as described in the Data Protection and Privacy Policy. You should review the Data Protection and Privacy Policy before establishing a Netgem TV Account and before linking any device to it. Our Data Protection and Privacy Policy and other content of the Netgem TV website may be changed by Netgem TV in its sole discretion, without notice to you.
AMENDMENTS TO NETGEM TV’S ACCOUNT TERMS OF USE
Netgem TV is entitled to change at its sole discretion any term of the present document “Netgem TV ACCOUNT CREATION TERMS OF USE”. Any modification shall become effective as soon as it will be published on the Netgem TV website and/or in case of Netgem TV would send you a notification of such amendments to your latest email address provided by you to Netgem TV.
Following the posting or notice by any of the methods described above, continued use of any device linked to your Netgem TV’s Account means you accept and agree to the amended Terms of Use. If you do not agree to the amended Terms of Use, Netgem TV may not be able to provide updates, upgrades or enhancements to your devices, and you may not be able to continue using your devices or Netgem TV’s Account.
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) THE NETGEM TV SERVICE AND YOUR NETGEM TV ACCOUNT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NETGEM TV DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE NETGEM TV SERVICE OR THE USE OF NETGEM TV ACCOUNT WILL BE: (I) UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, OR (II) FREE FROM ATTACK OR SECURITY INTRUSION;
(B) IN NO EVENT SHALL NETGEM TV, ITS AFFILIATES COMPANIES, ITS SUBCONTRACTORS, ITS DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE TO YOU FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE NETGEM TV SERVICE OR NETGEM TV ACCOUNT; AND
(C) YOU AGREE THAT THE TOTAL CUMULATIVE LIABILITY OF NETGEM TV, ITS AFFILIATES COMPANIES, ITS SUBCONTRACTORS, ITS DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE ACCOUNT TERMS, INCLUDING LIABILITY RELATING TO THE NETGEM TV SERVICE, YOUR NETGEM TV ACCOUNT, YOUR INFORMATION AND ALL DEVICES LINKED TO YOUR NETGEM TV ACCOUNT, SHALL NOT EXCEED THE TOTAL PURCHASE PRICE YOU PAID FOR ALL OF THE DEVICES LINKED TO YOUR NETGEM TV ACCOUNT. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE REMEDY PROVIDED HEREIN FAILS ITS ESSENTIAL PURPOSE AND EVEN IF NETGEM TV, ITS AFFILIATES COMPANIES, ITS SUBCONTRACTORS, ITS DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
Some jurisdictions do not allow exclusions OF CERTAIN warranties OR LIMITATIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, so SOME OF the ABOVE LIMITATIONS IN THIS SECTION MAY NOT apply to You. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU, AND You may also have other rights that vary from jurisdiction to jurisdiction.
Amazon Prime’s Disclaimer:
Amazon.co.uk is not a sponsor of this promotion. Amazon Prime Membership Codes must be redeemed on http://www.amazon.co.uk/redeemprime by accepting the Amazon Prime Terms and providing a valid payment method. Your Amazon Prime membership automatically renews for the fee in effect at the time of renewal. You may cancel at any time by visiting Your Amazon Account and adjusting your membership settings. Amazon Prime Membership Codes cannot be transferred or resold and are not refundable. For more information about Amazon Prime, visit http://amazon.co.uk/prime. All Amazon ®, ™ & © are IP of Amazon.com, Inc. or its affiliates.
Netgem TV and/or third-party providers may display advertising and promotional messages to you via the Netgem TV Service, and to include such advertising and promotional messages in or with any user interface, notice, or content that is displayed on your device. Any interaction, transaction or agreement you have with third parties as a result of the advertising and promotional messages displayed to you are entirely between you and such third parties. Netgem TV is not responsible or liable for any claims, damages, losses or injuries arising from your interactions with such third parties.
If you choose to connect your device to a voice search system (such as Alexa application for instance) allowing you to use your voice to search for content on your device, you agree that Netgem TV will not be responsible to record, process, store and use your voice inputs in relation with Netgem TV device and that this whole voice search process will be governed by the relevant third-party’s process and liability.
APPLICABLE LAW
These Terms of Use are governed by and construed in accordance with the laws of England, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the relevant court of London (UK), which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms of Use in London or in the United-Kingdom country in which you live. If you would like to bring a matter to our attention, please contact us at support@netgem.co.uk
MISCELLANEOUS
Netgem TV may transfer its rights and obligations under these Terms of Use to another organisation and/or affiliate company. You may only transfer your rights or your obligations under these Account Terms to another person if Netgem TV agrees in writing. These Account Terms are between you and Netgem TV. No other person shall have any rights to enforce these terms. Each of the paragraphs of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. If Netgem TV fails to insist that you perform any of your obligations under these Terms of Use, or if Netgem TV does not enforce its rights against you, or if Netgem TV delays in doing so, that will not mean that Netgem TV has waived its rights against you, or that you do not have to comply with those obligations. If Netgem TV does waive a default by you, Netgem TV will only do so in writing, but that will not mean that Netgem TV will automatically waive any later default by you.
CONTACT INFORMATION
If you wish to contact Netgem TV, please send your correspondence by mail to NETGEM UK, Bank Chambers, 6 Borough High Street, London SE1 9QQ or by e-mail to enquiries@netgem.co.uk
If Netgem TV has to contact You, Netgem TV will do so by e-mail to the e-mail address you provide under your Netgem TV Account.
Netgem Super WiFi Terms and Conditions
March 2022
Thank you for purchasing Netgem Super WiFi. In order to fully benefit from the Netgem Super WiFi you will need to create a Netgem Super WiFi Account. Please note that the Super WiFi pods are strictly for your personal use and cannot be re-sold in any manner whatsoever.
Once you have read and agreed to these Terms and Conditions, please click on “I AGREE” and continue the registration process.
SUPER WIFI TERMS OF USE
The contract length is for 12 months.
A £20 activation fee is payable.
Billing is set up on a debit/credit card as a recurring payment (not direct debit) and payment taken monthly on the same date as original sign up. This date can be changed at customers request after the first payment is made.
You will receive 2 SuperWiFi pods
The pods connect with your existing broadband connection.
SUPER WIFI RETURNS POLICY
We always hope you will be happy with your new Netgem Super WiFi device but just in case you are not, we have set out below when you can return it.
If, within 14 days of receiving your purchase, you elect to return your Netgem Super WiFi devices, just call us on 020 3657 3639, Monday to Friday between 09:00 and 17:30. Our customer support advisors will be able to help you immediately. Here are some important things to remember:
You can turn on and use the Netgem Super WiFi device to inspect it and to make sure you’ve received what you thought you were buying, but if any damage is caused, or it is used beyond what’s reasonable, we have the right to charge you for any loss in value to the goods as a result of your use or damage. You’re allowed to do what is reasonable to ensure you’ve received what you thought you were buying and that it works as expected.
If you return the Netgem Super WiFi pods to us, you will need to include not only the pods, but any packaging, manuals, and accessories supplied with the device. If anything is damaged or missing, you may be charged for these.
We realise mistakes can happen, so we ask that you take care when returning the Netgem Super WiFi device to us.
If you don’t return the device at all, you will be charged a one off device recovery fee of £50.
YOUR PROFILE
By setting up a Netgem Super WiFi Account on Netgem’s website you acknowledge and warrant that:
- you are resident in the United Kingdom;
- you are at least 18 years old;
When setting up your Account, you will be requested to provide certain type of information (to the exclusion of any personal financial information such as a credit card number for instance). You warrant that any information you provide to us will be (i) accurate, current, and complete; (ii) updated when there is a change; and (iii) your own information and not that of another individual. If you provide any information that is untrue, inaccurate or incomplete, or we have reasons to suspect that such information is untrue, inaccurate or incomplete, we retain the right to suspend or terminate your Netgem Account you have established and/or to refuse any or all current or future use of the Netgem Super WiFi Account or any devices linked thereto.
We strongly recommend you keep your Netgem Account information private and confidential. You are solely responsible for maintaining the confidentiality of your Netgem Super WiFi Account, login ID and password, and for all activities that occur on or through your Netgem Super WiFi Account. You agree to immediately notify Netgem Super WiFi of any unauthorized use of your Netgem Super WiFi Account, or any other security breach involving your Netgem Super WiFi Account. You agree that Netgem Super WiFi will not be responsible for any losses arising out of any unauthorized use of your Netgem Super WiFi Account.
Please note that this policy will not affect your statutory rights, which cannot be excluded. For more information on your statutory rights, please contact your local authority Trading Standards Department or Citizens Advice Bureau.