Travel Channel Smart Card

Travel Channel Smartcard Conditions of Use
02/02/2010 edition
In these Conditions of Use ‘Travel Channel’ means Travel Channel International Limited (64 Newman St, London
W1T 3EF, England)
Supply & period of use of Smartcard(s)
1. Subject to these Conditions you agree to pay the charge for use of the Smartcard(s) specified on our website at the time of ordering. You confirm that you understand these Conditions of Use may be terminated by Travel Channel and the Smartcard(s) permanently disabled pursuant to this Condition 1, at any time after 31st December 2010 without notice to you, and that in such circumstances you shall have received your full value and entitlement from the charge you have paid.
2. In the event that your use of the Smartcard(s) is terminated by Travel Channel in accordance with these Conditions prior to 1st January 2011, then (unless such termination is due to your default) you shall receive a refund of any unexpired portion of the charges (calculated up to 31st December 2010 on a straight line basis). In the event that your use of the Smartcard(s) is terminated by Travel Channel prior to 30th June 2010 then you shall receive a full refund of all the charge you have paid.
3. In the event that encryption of Travel Channel is temporarily suspended or non-operational for technical reasons this shall not entitle you to any refund of the charge.
Use of Smartcard(s)
4. You hereby represent and warrant that you are a private individual and that you will use the Smartcard(s) for private residential viewing only and not in the course of any business, and that you will not resell or sub-license or attempt to resell or sub-license the Smartcard(s).
5. You agree not to tamper with or attempt to breach the security of any incorporated conditional access code, software or other technology residing on the Smartcard(s), nor to infringe any intellectual property rights subsisting therein.
6. Smartcard(s) remain at all times the property of Travel Channel and you acknowledge that any charge you pay relates to use of the Smartcard only. Nothing in these Conditions or the supply of the Smartcard(s) grants you any right of ownership whatever in the Smartcard(s) or in any code, software or intellectual property within or subsisting within it.
7. You acknowledge that the Smartcard(s) is/are designed and manufactured by a third party supplier and that Travel Channel is not responsible for any failure of Smartcard(s) or loss or damage you may suffer as a result of the operation or non-operation thereof. You also acknowledge and understand that the Smartcard(s) require you to have or to purchase additional equipment in order for you to utilize the decryption capabilities of the Smartcard(s).
8. Travel Channel reserves the right where Travel Channel is encrypted to suspend decryption by means of the Smartcard(s) (without prejudice to any other right or remedy) if there is a material breach of these Conditions by you.
9. You will indemnify Travel Channel against all legal fees, damages and other expenses that may be incurred by Travel Channel as a result of your breach of these Conditions of Use and/or misuse of the Smartcard(s).
Ordering
10. You must provide accurate information in your online registration form (this includes your bona fide email and postal address) and inform us immediately if there are any changes to that information. 11. Smartcard(s) are subject to availability. If the Smartcard(s) you order are unavailable you shall be contacted via your e-mail address or by post. Travel Channel gets authorisation from your credit/debit card at the time we receive your order, once we have checked your card details and stock availability. Your credit/debit card will be debited for Smartcard(s) that are in stock and ready for dispatch. In the event that we are unable to supply the Smartcard(s) ordered, we will inform you of this as soon as possible and a full refund shall be given where you have already paid the charge. A refund shall also be given where the non-availability is temporary, but you have notified Travel Channel that you do not wish to wait.
12. Charges for Smartcard(s) include any EU VAT at the appropriate local rate. Any duties or local taxes are payable by you at the appropriate local rate.
13. Travel Channel aim to dispatch Smartcard(s) in stock as quickly as possible. The maximum period of delivery should be within 14 days. Some goods may only be delivered to certain countries, and this will be specified in the information on this website as applicable. In the event that your order has not arrived within 18 days please contact us at affiliatesales@travelchannel.co.uk . You will need to provide us with your name, email address, and order number or details of your order.
Cancellation Policy
14. Travel Channel complies with The Distance Selling Regulations (DSR) and subject to the provisions of our returns policy outlined below, you have the right to cancel your purchase within 7 working days of receiving the Smartcard(s) by giving notice to affiliatesales@travelchannel.co.uk and returning them unused. However if you use the Smartcard(s) prior to expiry of this cancellation period, you agree that you will then not have the right to cancel under the DSR.
Returns policy: Faulty Smartcard(s)
15. Smartcard(s) can be returned for a full refund if they are faulty within 14 days after receipt. After this period of 14 days, you shall receive the benefit of any valid warranty which may be offered by the supplier of the Smartcard(s) in relation to faulty design or manufacture, but in the absence of any warranty Travel Channel’s only responsibility will be the replacement of any Smartcard(s) at no charge where the Smartcard(s) is reported faulty and returned during the 12 month period following its supply and the fault is not due to your act or negligence. Otherwise Travel Channel shall be entitled to charge at the then governing price for additional or replacement Smartcard(s) which may be required for any reason.
Termination
16. Without prejudice to section 17, Travel Channel may suspend or terminate these Conditions and disable or permanently disable the Smartcard(s), without notice, if you commit a material breach of any of these Conditions of Use and (where such a breach is capable of remedy) fail to remedy the breach within 7 days of a written notice to do so sent by us by letter or email.
17. Travel Channel may also at our sole discretion immediately suspend or terminate these Conditions and disable or permanently disable the Smartcard(s) in the event that:
(i) we are directed by any competent authority to cease the provision of Smartcard(s); or
(ii) we are unable to continue providing the same for any reason (including for the avoidance of doubt economic or commercial reasons, or where our ability to do so is adversely affected as a result of rights or claims of a third party), but in any situation which falls into (i) or (ii) and where termination occurs prior to 1 January 2011, you shall be entitled to a pro rata refund of the charges you have paid; or
(iii) you breach Sections 4 or 5 above.
18. If Travel Channel suspend as above, we may subsequently terminate at any time if the circumstance(s) in Section 17 remain.
19. The provisions of Conditions 4, 5, 6 and 9 shall survive termination of these Conditions of Use.
General
20. If any part, term or provision of these Conditions is held by any legally competent court or regulatory body to be illegal or unenforceable, the validity or enforceability of the remainder of these Conditions of Use will not be affected.
21. All warranties and conditions (save those as to title) implied by statute, regulation, treaty, civil code or common law are hereby excluded to the full extent permitted by the law governing these Conditions.
22. English law governs and applies to these Conditions of Use, and you and Travel Channel submit to the exclusive jurisdiction of the courts of England in all matters relating to these Conditions and/or Smartcard(s) supplied.