The ITV Hub and ITV Hub+ Terms and Conditions

Last updated: 14 August 2020

1. Acceptance of Terms and Conditions

1.1. These Terms and Conditions incorporate our Privacy Notice (which can be accessed at www.itv.com/privacy) and our Cookie Policy (which can be accessed at www.itv.com/cookies).

1.2. These terms and conditions (“Terms and Conditions”) constitute an agreement between you and ITV Consumer Limited (“we” “us”) regarding free and/or paid-for goods or services offered to you (including simulcast and long form video on demand) through the ITV media player application known as the ITV Hub (which shall include the Hub+ Service) (the “Hub”). Your use of the Hub is also subject to the ITV Terms of Use which can be found at www.itv.com/terms. If there is any inconsistency between these Terms and Conditions and the ITV Terms of Use in relation to the Hub, these Terms and Conditions shall prevail.

1.3. You agree to be legally bound by these Terms and Conditions when you register to use, pay for Hub services and/or where you proceed to use the Hub. These Terms and Conditions contain important information about your rights and obligations and the restrictions that may apply when you use the Hub. If you do not agree with any of these Terms and Conditions then you should not register for or use the Hub.

1.4 We may ask you to verify your email address before accessing the Hub or Hub+ Service. For information to assist you with the verification process please go to http://www.itv.com/help/itv-hub.

1.5. Please note that if you are viewing these Terms and Conditions on an ITV Hub application which has not been updated to the latest version then these Terms and Conditions may be out of date, The latest version of these Terms and Conditions is available at www.itv.com/terms/itvhub/itvhubonlineterms.

2. The ITV Hub

2.1. The Hub may offer users the opportunity to view television programmes, movies, clips, graphics, logos, interfaces, layout and/or other audiovisual content ("Content", which term includes any HTML tag or other code or metadata which is contained in, linked to, from and around such content).

2.2. Content may be made available on the Hub in the following ways:

2.2.1. without payment, on a free basis (“Standard Service”), although you may be required to register as a user of the Hub to view certain Content on the Standard Service; and/or

2.2.2. on a paid for basis where you pay a monthly charge for enhanced or additional services and access to Content on a month by month basis (“Hub+ Service”). Please note, the Content available during the period for which you are paying for the Hub+ Service may vary.

2.3. To be eligible to use the Standard Service and Hub+ Service you must be:

2.3.1. 16 years old or over. If you are under 18 you must have a parent or guardian’s permission to use the Hub and your parent or guardian should be the one to register for the Hub and, if applicable, pay for the Hub+ Service; and

2.3.2. a natural person (i.e. not a company or other business entity). If you do not meet the above criteria you should not access or use the Hub. You agree that you will provide us with proof of your identity if reasonably requested by us to do so from time to time; and

2.3.3. in the case of the Standard Service only, you must be located in the United Kingdom, Channel Islands or Isle of Man (the “Territory”); or

2.3.4. in the case of the Hub+ Service only, you must be a resident of the Territory.

2.4. You may not transfer your rights under these Terms and Conditions to any other person.

3. Content available on the ITV Hub

3.1. To be able to view Content using the Hub you must have a compatible device and an active broadband internet connection or mobile network connection. Please see http://www.itv.com/help/itv-hub for further information about using the Hub and the minimum technical requirements. It is your responsibility to ensure that your equipment, systems and connectivity are suitable to enable you to access the Content before you decide to purchase the Hub+ Service. If you are in doubt, we recommend that you attempt to view a piece of Content on the Hub using the Standard Service before you attempt to purchase the Hub+ Service. We are not responsible in any way for your ability to view Content, even if your equipment and systems meets the minimum technical requirements. You will be responsible for any costs and other charges or expenses charged by your Internet Service Provider or network operator in relation to your internet service, your mobile service and any use in relation to the Hub.

3.2. We reserve the right to remove and/or alter the Content available via the Hub and/or the functionality of the Hub at any time and for any reason whatsoever.

3.3. All Content is subject to change and is variable from time to time. In particular, we do not guarantee the availability of any particular piece of Content will be available on the Hub.

3.4. We will make reasonable efforts to keep the Hub operational at all times, however we cannot guarantee that your use of the Hub will be uninterrupted or error-free. From time to time we may temporarily suspend or remove the Hub for technical, maintenance or operational reasons.

3.5. Where available, the ability to watch our channels near-live (our “Simulcast Service”) will be included as part of the Standard Service.

4. Hub+ Service

4.1. Our Hub+ Service is a paid for service which, for certain platforms, enables you to watch catch up Content without advertising breaks and allows temporary downloads to certain compatible devices for offline viewing. For details of the platforms on which the Hub+ Service is available, go to http://www.itv.com/help/itv-hub.

4.2. The Content available in the Standard Service and the Hub+ Service may differ. This may be due to differences in the rights available to us which may also differ between devices on which we make the Hub available. The Hub+ Service enhancements are not available in relation to our Simulcast Service which will continue to contain advertising breaks, and is only available in the Territory.

4.3. Due to licensing restrictions some programmes will continue to contain ads and the Hub+ Service may include promotions for other ITV services (including Britbox).

4.4. If Content is available as free Content on the Standard Service but not on the Hub+ Service, you will normally still be able to watch it when logged into Hub+ but it may not be subject to the enhanced services, so for example it may contain advertising breaks and be unavailable for download.

4.5. Access services, such as subtitles or audio description, may not be available for downloaded Content on the Hub+ Service.

4.6. Your password is confidential to you and you are responsible for keeping it secure. If you know or suspect your password has been compromised you must change your password as soon as possible using the functionality provided within the Hub. We will never ask you for your password in an email or when calling you by telephone. We will never invite you to log in to your account through a link in any email communication you receive from us. If we believe there has been, or there may be, a breach of security we may suspend accounts and/or require that passwords be changed.

4.7. You will have access to the Hub+ Service once you have verified your email address. For information to assist you with the verification process please go to http://www.itv.com/help/itv-hub.

4.8. You will continue to have monthly access to the Hub+ Service until you cancel your payments or if we terminate your access to the service.

5. Hub+ Service where purchased from the itv.com website

Right to cancel within the 14 day cancellation period

5.1. When purchased from the itv.com website ("Website") all prices shall include VAT where applicable.

5.2. Where you have purchased a Hub+ Service via the Website you have the right to cancel within 14 days without giving any reason. The cancellation period will expire 14 days from the later of: the conclusion of the contract; and your receipt of this information regarding cancellation.

5.3. To exercise this right to cancel, you must inform us of your decision to cancel this contract by a clear statement. You may use the model cancellation form set out in the Appendix to these Terms and Conditions but it is not obligatory. For cancellation purposes you may contact us at:

ITV Consumer Limited

Viewer ServicesGas StreetBirminghamB1 2JT

Tel: 0344 88 14150

5.4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation within the 14 day cancellation period

5.5. If you cancel this contract within the 14 day cancellation period, we will reimburse to you all payments received from you in relation to the applicable purchase of the Hub+ Service. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, we will not charge you any fees as a result of the reimbursement.

Cancellation after the 14 day cancellation period

5.6. After the 14 day cancellation period the easiest way to cancel the Hub+ Services is by going to “Manage payment details” in “Manage account”, or you can contact our viewer services team via the details at clause 17.

You will continue to have access to the Hub+ Service for the remainder of the month or year for which you have paid but your access to the Hub+ Service will not renew at the end of that month/year. If you cancel part way through a billing month or year (as described in clause 5.7) you will not receive a refund in respect of the remainder of that month/year.

5.7. Your repeat monthly/annual charge will, where possible, be charged on the same date each month/year and will be the date set out in your Hub+ welcome email. If that date does not occur in a particular month then the payment will be charged on the last date of that month. Your next billing month or year will start on the date of your next charge.

5.8 Your subscription will automatically renew unless you cancel.

6. Purchasing the Hub+ service as an in-app purchase on a third party service

6.1. Where you purchase the Hub+ Service via a third party service (e.g. as an in-app purchase using your Apple ID or your Amazon account) then this clause 6 will apply, and clause 5 will not apply. For the avoidance of doubt, this clause 6 does not apply if you have purchased the Hub+ Service via our Website.

6.2. The billing arrangements for the Hub+ Service will be subject to the applicable terms and conditions of the third party service (e.g. the Apple or Amazon terms and conditions), including regarding payment, auto-renewal and cancellation.

6.3. Your subscription will automatically renew unless you cancel. You can cancel and manage your Hub+ Service payments via the settings available within that third party service.

7. Parental controls

7.1. Some of the Content available via the Hub will have a G symbol with Guidance information. We provide this information to allow you to make an informed choice about whether you wish to view the Content or allow your children to view the Content.

7.2. Content with the G symbol and accompanying Guidance may have been first shown on our television channels after the 9pm watershed, and/or it may contain some language, violence, sexual scenes, nudity, adult humour or other material that you may not wish your child to watch, and/or it may include flashing images or lights that can be a concern for people with photosensitive epilepsy.

7.3. If you wish to restrict access to such Content you may do so by making use of our PIN access control facility although we do not guarantee that the PIN access control facility will always be available across all platforms. If you enable access to our Content via a voice assistant or smart speaker (for example Google Assistant or Amazon Alexa) then accompanying Guidance will not be flagged and the PIN access control facility will not function. If you are under 18 you should ensure you have permission from your parent or guardian who has registered to use the Hub before viewing Content using a voice assistant or smart speaker.

8. Security Technology

We use security and digital rights management technology for the Hub to protect the material and content made available on the Hub. You must not penetrate, remove or otherwise alter or interfere with any security measures used in connection with the Hub, or attempt to do any of those things or assist any other person in doing or attempting to do any of those things.

9. Geoblocking

9.1. The Hub uses “geo-blocking” measures to prevent you from accessing the services from outside the Territory. This is necessary for us to comply with the terms of our broadcast and content licences. You agree not to attempt to access, and not to attempt to circumvent the geo-blocking measures to access, the Hub from outside the Territory. Please also note that some of our services or certain Content may not be available in certain regions within the Territory, for example viewers in some parts of Scotland will not be able to watch Content from the main channel using the ITV Hub. Where this applies, it will be made clear on the Hub. If you are located within such a region, you agree not to attempt to access the applicable services, and not to attempt to circumvent any software or technical measures we use to regionalise our services within the Territory.

9.2 We may make the Hub+ Service available outside of the Territory pursuant to Regulation (EU) 2017/1128 of the European Parliament and of the council on cross-border portability of online content services in the internal market. If we make the Hub+ Service available outside of the Territory, we cannot guarantee that your use of the Hub+ Service will be uninterrupted or error-free. Whilst we will not purposefully degrade the Hub+ Service when used outside of the Territory, we cannot guarantee the same quality of service as would be available within the Territory. Please note that if you pay for Hub+ using a non-UK payment card you may be unable to watch Content on Hub+ outside of the Territory.

9.3 Your internet service provider and/or network operator may apply additional data charges outside of the Territory.

10. General restrictions

10.1. You agree that you will comply with our reasonable instructions regarding your use of the Hub. You agree that you will not \(and you will not allow any other person to\) use the Hub for any purpose which is commercial, unlawful or otherwise improper. In particular, except as expressly permitted by these Terms and Conditions or otherwise by us, you will not by any means as a result of or in connection with your use of the Hub:

10.1.1. share your login with anyone else;

10.1.2. remove, alter, bypass, avoid, interfere with or circumvent the digital rights management software or geo-blocking software;

10.1.3. copy, download, lend, hire, broadcast, stream, capture, reproduce, archive, share, distribute, modify, translate, display, transmit or make the Content available to the public;

10.1.4. remove or alter any copyright or other proprietary notice from the Hub or from any Content;

10.1.5. extract any data or metadata from the Hub or any Content nor create any index or database incorporating any Content or any part of it;

10.1.6. block, disable, obscure or impair any advertising on the Hub or associated with any Content;

10.1.7. capture or store any personal information relating to other users of the Hub;

10.1.8. incorporate the Hub into another service or website or make it available via frames;

10.1.9. reverse engineer, de-compile, disassemble, alter, duplicate, modify, rent, lease, loan, sub-license, make copies, create derivative works from, distribute or provide others with the Hub or any Content;

10.1.10. create any works or materials derived from or based on any Content or the Hub;

10.1.11. use the Hub in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person; or

10.1.12. do anything that may cause damage to the Hub or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data or to penetrate or attempt to penetrate any applicable security measures.

10.2. You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your use of the Hub in breach of these Terms and Conditions or from your violation of any applicable law or regulation.

10.3. You agree not to give any indication that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make.

10.4. We reserve the right to suspend, restrict or terminate your access to the Hub at any time at our sole discretion. We may also ban or suspend you as a user of the Hub if you do not comply with these Terms and Conditions.

11. Trademarks and copyright

All intellectual property rights in the Hub and all content made available via the Hub shall remain at all times the property of us or our licensors. The names, images and logos identifying us, companies in the ITV group, our partners or third parties and our/their products and services contained within the Hub are proprietary marks and may not be reproduced or otherwise used without our express permission. Nothing in these Terms and Conditions shall be construed as conferring by implication any licence or right to use any trade mark, patent, design right or copyright of us, any member of the ITV group or of any third party. You do not acquire any ownership right in any Content by accessing the Content on the Hub.

12. Advertising and third party sites

The Hub may contain links (whether by way of an advertisement or otherwise) to other third party sites and services. Such links are provided for your ease of reference and convenience only. We have no control over those third party sites or services and are not responsible for their contents. We do not endorse the material contained in any third party’s sites or services and have no association with their operators. You agree that we will not be a party to any transaction or contract with a third party that you may enter into and we will not be liable to you for any loss or damage which you may suffer by using those third party sites and services. You agree that you will not involve us in any dispute you may have with such third party sites and services.

13. Limitation of Liability

13.1. All services are provided on an ‘as is’ and ‘as available’ basis. We cannot promise that the Hub will be free from errors or omissions nor that it 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 Hub will work on all devices. We make no guarantee that all or any features of the Hub will work on any particular device. Whilst we do take reasonable precautions to prevent the occurrence of computer viruses and/or other malicious programmes, we do not guarantee that they will not be present.

13.2. We will not be responsible for any damage or loss caused to you where such damage or loss is not reasonably foreseeable to you and us when you use the Hub, including where the damage or loss results from our breach of these Terms and Conditions.

13.3. The Hub may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control. Except as set out elsewhere in these Terms and Conditions we will not be liable to you or to any other person in the event that all or part of the Hub is unavailable, discontinued, modified or changed in any way.

13.4. The views expressed in any content or material which is uploaded by you or other users of the Hub do not reflect our views.

13.5. We do not accept any liability for:

13.5.1. any damage or loss caused to you where you are not entering into these Terms and Conditions as a consumer;

13.5.2. any failure, any suspension and/or any termination of access to the Hub or any content in connection with or arising out of a force majeure event. In these Terms and Conditions, a "force majeure" event shall include, without limitation, 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; and/or

13.5.3. any claims brought against you by a third party except as stated in these Terms and Conditions.

13.6. Nothing in these Terms and Conditions will:

13.6.1. 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

13.6.2. limit our liability for death or personal injury resulting from our negligence or for fraud.

14. Third party platform operators

14.1. These Terms and Condition do not govern your relationship with third parties (including Apple and Amazon). You should check the third party’s website for details of the terms and conditions governing your relationship with them. Your use of the Hub and the Hub+ Service using such third party services may also be subject to the third party’s usage rules.

14.2. You acknowledge and agree that to the extent permitted by applicable law Amazon has no responsibility or liability with respect to your use of the Hub or any content or functionality in the Hub.

15. Other important terms

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

15.2. These Terms and Conditions are available in English only and shall be governed by and construed in accordance with the laws of England (or the laws of Scotland or Northern Ireland if you are domiciled there). Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland. Apple and its subsidiaries may also enforce any of these Terms and Conditions against you.

15.3. Please note that we may update and amend these Terms and Conditions from time to time. By proceeding to use the Hub you agree to be bound by any changes to these Terms and Conditions. However, it is your responsibility to ensure you review these Terms and Conditions regularly at http://www.itv.com/terms/itvhub to familiarise yourself with any changes.

16. Regulation

Ofcom regulates the editorial content of on-demand programme services. You can find further information about Ofcom at https://www.ofcom.org.uk/tv-radio-and-on-demand. You can write to Ofcom at Riverside House, 2a Southwark Bridge Road, London SE1 9HA or you can telephone them on 0300 123 3333 or 020 7981 3040.

Advertising within our services is regulated by the Advertising Standards Authority (ASA). You can find further information about the ASA at https://www.asa.org.uk/Consumers.aspx. You can write to the ASA at Mid City Place, 71 High Holborn, London WC1V 6QT or you can telephone the ASA on 020 7492 2222.

17. Contact Us

If you have any questions, queries or complaints or need help using the Hub then you can email us at itvhubhelp@itv.com or call us on 0344 881 4150 or write to us at:

ITV Consumer LimitedViewer ServicesGas StreetBirminghamB1 2JT

ITV Consumer Limited is a company registered in England & Wales with its registered office at 2 Waterhouse Square, 140 Holborn, London EC1N 2AE. Company No. 2937518. VAT Registration: 197 0041 67

APPENDIX

Model Cancellation Form

(Complete and return this form only if you wish to withdraw from the contract)

To:ITV Consumer LimitedViewer ServicesGas StreetBirminghamB1 2JT

Tel: 0344 88 14150

I hereby give notice that I cancel my contract of sale for the supply of the ITV Hub+ Service, ordered on[*]/received on[*]:

Name of consumer:

Address of consumer:

Signature of Consumer: (only if this form is notified on paper)

Date:

[*]Delete as appropriate