Terms of Use for ITVX and ITV Hub

Thursday 17 November at 9:59am

Welcome! Thank you for registering to use the content services offered to you via the ITV media player application known as ITVX or ITV Hub; including the use of the website, the application and associated content and services (the Service).

Who provides the Service?

The Service is provided to you by ITV Consumer Limited (ITV, we, us) which is a company registered in England and Wales under registration number 02937518 with its registered office at ITV White City, 201 Wood Lane, London, United Kingdom, W12 7RU. VAT Registration: 197 0041 67

If you have any questions, queries or complaints or need help using the Service then you can use the form found at www.itv.com/contactform, email us at itvxhelp@itv.com or write to us at ITV Consumer Limited, Viewer Services, Gas Street, Birmingham B1 2JT

Why should you read these Terms of Use?

You agree to be legally bound by these Terms of Use when you register or subscribe to use the Service or where you proceed to use any aspect of the Service. These Terms of Use contain important information about your rights and obligations and the restrictions that may apply when you use the Service. If you do not agree with these Terms of Use then you may not use the Service.

Why does ITV ask you to register?

Registering to receive the Service enables ITV to provide a personalised experience to you, to help you find Content that we think you will love and to serve you more relevant advertising.Once registered you’ll be able to login to your personalised service across multiple devices.

Who can register for and use the Service?

In order to register for and use the Service, you must be:

a natural person (i.e. not a company or other business entity)
in the United Kingdom, Channel Islands or Isle of Man (the Territory)
aged 16 or over

If you are under 16 you must have a parent or guardian’s permission to use the Service, and your parent or guardian must register for the Service and, if applicable, pay for the Premium Service.

If you do not meet the above criteria you should not access or use the Service. You agree that you will provide us with proof of your identity if reasonably requested by us from time to time.

You are responsible for all activity that occurs on or through your account. You must not share your login details with anyone else and you are restricted to watching Content on no more than four (4) devices at the same time using one account.

If you allow others to access the Service using your account then these Terms of Use, and any functionality and data preferences you may have made, will apply to their access, use and disclosure of information.

What information is needed to register for the Service?

In order to register for the Service you will need to:

provide a valid email address. We may ask you to verify your email address before accessing the content on the Service. For information to assist you with the verification process please go to support.itv.com.
provide your name, date of birth and postcode
create a secure password

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: (i) notify us; and (ii) change your password as soon as possible using the functionality provided within the Service. 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.

What does ITV do with your personal information?

For information regarding how we handle your personal information and our use of cookies please see 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).

What is the Service?

Our Service offers 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).

Content may be made available on the Service in the following ways:

without payment, on an ad-supported but free-to-use basis (Standard Service); and/or
on a paid for basis (ITVX Premium or Hub+) where you pay a charge for enhanced or additional services and access to additional Content (Premium Service).

What does the Premium Service give you access to?

Our Premium Service is a paid subscription service which includes enhancements to the Standard Service such as additional content (for example from the BritBox service) and the ability to watch the majority of content from our video on demand library without advertising breaks. For details of the platforms on which the Premium Service is available, go to support.itv.com.

Subject to licensing restrictions we will also offer the ability to temporarily download Content on the mobile versions of the ITVX or ITV Hub (i.e. iOS and Android) so you can watch shows when you have no or poor connection to the internet.

What Content will be available in the Service?

We aim to provide a compelling and entertaining content offering to you through both the Standard Service and the Premium Service.

The Content available in the Standard Service and the Premium Service will differ. Content available in the Standard Service may not be available in the Premium Service due to licensing restrictions.

All Content is subject to change and is variable from time to time. We reserve the right to remove and/or alter the Content available via the Service and/or the functionality of the Service at any time and for any reason whatsoever. In particular, we do not guarantee the availability of any particular piece of Content on the Service.

Certain Content may not be available on particular devices due to licensing restrictions.

The Content on the channels available via the Live TV area on the Service (our linear channels and our themed, ad-supported channels) will always contain ads, even for Premium Service subscribers.

Due to licensing restrictions certain Content in our video on demand library may contain ads for third party brands or promotions for other ITV services or content, even for Premium Service subscribers. BritBox content will not contain ads.

Where available, access services, such as subtitles or audio description, may not be available when Content is downloaded and viewed through the Premium Service.

How can you control what Content can be viewed by your children?

Some of the Content available via the Service 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.

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.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.

You have the option to create one or more kids profiles within your account. This will restrict the viewing of certain Content from within that profile. Please visit support.itv.com for more information about kids profiles.

How can you subscribe to the Premium Service?

Once you have registered for the Standard Service you will be able to upgrade and subscribe to the Premium Service.

Your subscription to the Premium Service may start with a free trial. Free trials are available to new subscribers only (one per subscriber) unless we tell you otherwise. The length of any free trial will be specified at the point of subscription but note that you will not receive separate notification that your free trial is about to end or has ended or that your paid subscription has begun. You can cancel your subscription at any time before the end of your free trial.

The subscription to the Premium Service includes enrollment onto a recurring payment plan which automatically renews at the end of every monthly or annual subscription period (as applicable) unless cancelled. Following confirmation of your subscription and any applicable free trial, payment will be charged to your chosen payment method and will recur at the start of every new subscription period unless cancelled.

If you subscribe to the Premium Service via a third party (for example Apple’s App Store, Google’s Play Store, etc) then your subscription relationship will be with that third party and subject to its terms. All the provisions in these Terms of Use relating to subscription purchase, auto-renewal, billing, withdrawal cancellation, refunds and promotional offers will not apply and you should refer to the applicable third party’s terms.

What is the price of the Premium Service?

If you subscribe to the Premium Service details of the price will be provided to you before you complete your purchase.

We or our third party partners, may make available voucher codes, discounts or other promotional offers which may offer you discounted access to the Service (Promotional Offers). Promotional Offers may take a variety of forms and may be made available on a standalone basis or provided as part of a bundle with other products or services sold by us or other third party partners. You may only use and redeem Promotional Offers in accordance with the specific terms and conditions which apply to them. Please check the relevant terms and conditions of the Promotional Offer for full details, including the restrictions that apply.

Wherever we publish the Premium Service subscription price, it will include VAT where applicable.

We may change our subscription plans and the price of the Premium Service from time to time. However, we will notify you at least 30 days in advance of the change by sending an email to the email address you used to register for the Service. If you do not want to continue the Subscription at the new price you can cancel your subscription before the start of the new subscription period.

Can I withdraw from the Premium Service if I change my mind after subscribing?

You have a legal right to withdraw from your Premium subscription within 14 days of sign-up. However, you will lose this right to withdraw where, at sign-up, you have acknowledged that you will lose the right should you start watching Content. If you have not watched any Content within 14 days of sign-up and you wish to withdraw you may do so using the form found at www.itv.com/contactform. Alternatively, you may use the model withdrawal form set out in the Appendix to these Terms of Use.

How can you cancel your subscription to the Premium Service?

You can cancel your subscription at any time before the end of the current subscription period or free trial. Cancellation will only take effect at the end of your current subscription and you will be able to access the Premium Service until then. You will not be offered a refund for the current subscription period.

The easiest way to cancel your Premium Service subscription is by going to “Manage payment details” in “Manage account”, or you can contact our customer and viewer services team using the form found at www.itv.com/contactform.How does ITV deal with payment and billing?

If you have given us your card details for the recurring subscription payments, our payment processor will store and use these details in order to take your payment for the following subscription period. For more details as to how we process your payment information, please see our Privacy Notice (which can be accessed at www.itv.com/privacy).

Your recurring subscription payment will, where possible, be charged on the same date each month or year (as applicable) and will be the date set out in your Premium Service welcome email. If that date does not occur in a particular month then the payment will instead be charged on the last date of that month. Your next subscription period will start on the date of your next charge.

If a payment fails, because your payment details have expired, insufficient funds or otherwise, we may suspend or terminate your subscription by giving notice to your registered email address.

Why are you restricted to using the Service in the Territory or in certain parts of the Territory?

The Service uses “geo-blocking” measures to prevent you from accessing the Service 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 Service 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 Service. Where this applies, it will be made clear on the Service. 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.

Licence and intellectual property rights in the Service

The Service, including the Content, is licensed to you for your personal and non-commercial use only. When you are using the Service we grant you a limited, non-exclusive, non-transferable, licence to access the Service and the Content. Except for the limited licence granted to you in these Terms of Use, no right, title or interest in the Service or the Content shall be transferred to you. All intellectual property rights in the Service and all Content 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 Service are proprietary marks and may not be reproduced or otherwise used without our express permission. Nothing in these Terms of Use 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.

What can and can’t you do with the Service?

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

remove, alter, bypass, avoid, interfere with or circumvent the digital rights management software or geo-blocking software or attempt to do any of those things or assist any other person in doing or attempting to do any of those things;
copy, download, lend, hire, broadcast, stream, capture, reproduce, archive, share, distribute, modify, translate, display, transmit or make the Content available to the public;
remove or alter any copyright or other proprietary notice from the Service or from any Content;
extract any data or metadata from the Service or any Content (including without limitation by "scraping") nor create any index or database incorporating any Content or any part of it;
block, disable, obscure or impair any advertising on the Service or associated with any Content;
capture or store any personal information relating to other users of the Service;
incorporate the Service into another service or website;
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 Service or any Content;
create any works or materials derived from or based on any Content or the Service;
use the Service 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;
do anything that may cause damage to the Service 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; or
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.

How is the Service affected by your devices, equipment and internet connection?

To be able to view Content using the Service and benefit from the latest functionality you must have a compatible device and/or browser and an active high speed internet connection or mobile network connection. Please see support.itv.com for further information about compatible devices and the minimum technical requirements. Please note that while we try to have the Service available on as many platforms and devices as is reasonably possible, the compatible devices and minimum technical requirements may change from time to time. It is your responsibility to ensure that your equipment, systems and connectivity are suitable to enable you to access the Service and the Content. In particular, we recommend that you attempt to view a piece of Content on the Service using the Standard Service before you attempt to purchase the Premium Service.

Playback quality of Content, including resolution, and the speed of the Service may be affected by many factors including: (i) the format of the Content, (ii) your location, (iii) the speed, bandwidth and setup of your particular internet service; and (iv) functioning of the device being used. As such we cannot be responsible for your ability to view Content or the availability of all features and functionality, even if your equipment and system 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 of the Service.

What rights does ITV have against you?

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 Service in breach of these Terms of Use or from your violation of any applicable law or regulation.

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

What is ITV’s liability to you?

You have certain legal rights as a consumer in relation to our provision of the Service and nothing in these Terms of Use will restrict those rights nor limit our liability for death or personal injury resulting from our negligence or for fraud.

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 Service, including where the damage or loss results from our breach of these Terms of Use.

All services are provided on an ‘as is’ and ‘as available’ basis. We cannot promise that the Service will be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition. Whilst we do take reasonable precautions to prevent the occurrence of computer viruses and/or other malicious programmes, we do not guarantee that the Service will be free from viruses.

The Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control. We will not be responsible to you or to any other person in the event that all or part of the Service is unavailable or altered.

We will not be responsible for:

any damage or loss caused to you where you are not entering into these Terms of Use as a consumer;
any use by you of the Service or content that isn’t authorised by us under these Terms of Use; and/or
any failure, any suspension and/or any termination of access to the Service or any Content in connection with or arising out of a force majeure event. In these Terms of Use, a "force majeure" event means any event, circumstance or cause beyond our reasonable control and 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, epidemic or pandemic, or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents.

Is ITV liable for third party sites and services?

The Service 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.

What laws apply to these Terms of Use?

These Terms of Use 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 of Use 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.

If any provision of these Terms of Use 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 of Use which shall remain in full force and effect.

Which regulatory bodies regulate the Service?

Ofcom regulates the editorial content of the Service. You can find further information about Ofcom at https://www.ofcom.org.uk/tv-radio-and-on-demand. You can write to Ofcom at PO Box 1285, Warrington WA1 9GL 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.

Changes to these Terms of Use

We may amend these Terms of Use from time to time. By proceeding to use the Service you agree to be bound by any changes to these Terms of Use. It is your responsibility to ensure you review these Terms of Use regularly at https://www.itv.com/terms/articles/itvxtermsofuse to familiarise yourself with any changes.

Where changes impact your legal rights or obligations then we will notify you and give you time to read the new terms before the changes take effect (this may include posting details of the changes on the Service). We will try to give you at least 30 days’ notice unless there are security, legal or regulatory reasons we need to give less notice. If you do not agree to any change to these terms and then you must stop using the Service.

APPENDIX - Model Withdrawal Form

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

To: ITV Consumer Limited Viewer Services,

Gas Street,

Birmingham,

B1 2JT

I hereby give notice that I cancel my contract of sale for the supply of the ITV Premium 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