Terms & Conditions of Service
Thank you for your interest in using the GINX online service operated by Ginx TV Ltd, registered office Unit 8, Acorn Production Centre, r/o 107 Blundell Street, London, N7 9BN. Registered company number 07106615. Your use of the GINX website (the “Website”) and any products, services, including the GINX Everywhere video player and subscription service (the “GINX Player”) provided to you on the website (together “the Services”) is subject to the terms of a legal agreement between you and Ginx TV Ltd. By using the Services, you are stating that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you may not use the Services. The Services may be accessed from certain third-party websites, apps and platforms. Your use of such third-party websites, apps and platforms may also be subject to applicable terms and conditions that are different from these Terms.
All competitions or offers running on the Website are subject to these rules. You accept these terms when entering the competitions. All GINX competitions are closed to Ginx TV Ltd. staff, its contractors, partners, and their families. Ginx TV Ltd. has the final say in all matters relating to competitions. A cash alternative will not be offered for a competition prize. If registration is required for the competition, you must also agree to any further terms and conditions. You may need to register to a third party service and agree to their terms and conditions in order to enter (e.g. Facebook). You agree to the passing of your entry information to the competition’s advertising partners. Ginx TV Ltd. reserves the right to change any details relating to a competition and remove entries at any point without warning. Advertising partners will be notified of winner’s details after the competition closing date. Ginx TV Ltd. will deliver the prize to the winner no later than 30 days after the competition closing date. If supplied by an external partner delivery of the prize(s) is to be handled by the winner and the partner themselves. Ginx TV Ltd. takes no responsibility for this.
In order to use some Services on the Website including the GINX Player, you will need to create an account. When creating an account you must provide accurate and complete data. If such data is found to be untrue or inaccurate, Ginx TV Ltd. has the right to suspend and terminate your account. You are required to create a username and password when creating an account, unless using a social connect option, and are fully responsible for maintaining the confidentiality of these details. You are fully responsible for all activities that occur under this account. You agree to immediately notify Ginx TV Ltd. of any unauthorised use on your account.
You agree that Ginx TV Ltd. may access, store and disclose your account information if required to do so by law if it is believed is necessary to (i) comply with legal process; (ii) enforce the TOS; (iii) respond to your requests for customer service; (iv) protect the rights, property, or personal safety of Ginx TV Ltd., its Services and its users.
The Services are provided to you via the internet (including via a Mobile Network and/or broadband internet connection). You are responsible for any costs charged by your Mobile Network or internet service provider in relation to the provision of the mobile network coverage or broadband internet connection required to use the Services.
You are given permission to use the Services given you adhere to the following conditions:
- You will not upload, post, email or otherwise transfer any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, vulgar, obscene, invasive of another person’s privacy, hateful, or racially objectionable;
- You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity;
- You will not upload, post, email or otherwise transfer content that infringes any patent, trademark, trade secret or copyright;
- You will provide true, accurate, current, and complete information when prompted;
- You will not violate any local, state, national or international law or regulation;
- You will not launch any automated system that access the Services in a manner that sends more request messages to the Services’ servers in a given period than a human can produce in the same period using a conventional web browser;
- You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters”, “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;
- You will not upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You will not extract, collect, process, combine or store personal data about other users nor use it to contact such users of the Services for commercial purposes;
- You will not alter or modify any part of the Services;
- You will not access user submitted data or content through any means other than the GINX Player, video pages, article pages, presenter profiles, and staff information pages;
- You will not include any part of the Services within a third party site without consent.
Ginx TV Ltd. allows operators of public search engines to use spiders to index materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ginx TV Ltd. reserves the right to revoke these exceptions either generally or in specific cases.
Public content submitted to Ginx TV Ltd.
You acknowledge that all information, data, text, photographs, graphics, messages and other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all the Content that you upload, post, email or otherwise transmit via the Services. You acknowledge that any personal data or information (or any other Content) posted to publicly accessible areas may remain publicly accessible indefinitely. Furthermore, you grant Ginx TV Ltd. the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Ginx TV Ltd. and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Services that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Notwithstanding the rights granted to Ginx TV Ltd., the ownership of any materials uploaded remains with the user.
Passwords and security
You as the registered user of the Services are responsible for maintaining the confidentiality of your username and password, and you must take all reasonable precautions to prevent them from being used by someone else. You are solely responsible for all activities that occur under your username and password. If you know or suspect that your username and password has been compromised, or you become aware of any other breach of security related to the Services, you agree to immediately notify Ginx TV Ltd.
You can contact us during normal UK business hours (9.30am – 5pm) at email@example.com or +44 (0) 208 576 6660.
Ginx TV Ltd. reserves the right to require you to alter your username and/or password if Ginx TV Ltd. believes that your password is no longer secure. GINX TV LTD. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR USERNAME AND/OR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR USERNAME AND/OR PASSWORD.
Paying for the service
All payments are made through the creation of a payment agreement with Stripe or Paypal and you will also be subject to their terms and conditions.
When completing the subscription process you are entering a rolling contract with the minimum term of one or twelve months depending on your selection. You will be free to cancel this contract at any point, after which the contract will terminate at the end of your current subscription period. All subscriptions must be paid in advance. All Direct Debit and Credit Card payments will be collected automatically. We reserve the right to change your subscription payment at any time with at least one months notice. We may alter your Direct Debit or Credit Card instructions if you payment changes for any reason. We reserve the right to refuse your subscription application based on results of assessing your credit standing using credit services. If you have missed any payments owed to us, we will suspend access to the Services. We will attempt to collect the payment three more time after the first failed attempt. After this period your subscription will be cancelled.
All prices relating to the Services are in Great British Pounds. Such pricing may change for time to time. Our prices include VAT and any equivalent sales tax that is applicable to the relevant territory. If we discover an error in the pricing of your subscription we will inform you as soon as possible.
Cancellation, Restriction, Modifications and Disruptions to service
You may cancel your subscription to the Services at any time from the My Account section of the website (login required). From here you must select the ‘Cancel’ option under ‘My Memberships’. This will take you to a page where you may confirm the cancellation of your subscription. You will be able to access the Services at your previous level until the end of your current subscription period.
We do not provide refunds or credits if you cancel your subscription part way through a Payment Period. As set out above, no refunds will be given for Content that you have not fully viewed before the expiry of the Access Period.
You further agree that Ginx TV Ltd. and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback or content or User Comments posted in response to, as a supplement to, or in association with any other content (including without limitation, User Comments) available on or in connection with the Services (“Feedback”), whether oral, written or video/multimedia, that you may send to Ginx TV Ltd. or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Ginx TV Ltd. has no duties to you, with respect to such Feedback.
Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom and the country in which you reside (if different from the aforementioned).
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. To the fullest extent permitted by applicable law, you agree that Ginx Tv Ltd. shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
Changes to Service
Ginx TV Ltd. reserves the right from time to time to change or discontinue, temporarily or permanently, any of it’s services without notice. You agree that Ginx TV Ltd. shall not be liable to you or any third party for any change, modification, suspension or discontinuation of any service.
Your right to use the Services automatically terminates if you violate these TOS or any rules or guidelines published in connection to the Services. You agree that Ginx TV Ltd. may terminate your password, account or any use of the service, and remove or discard any content within the service related to your account. In addition we are entitled to suspend or limit access to the Services, fully or partially, immediately in the following cases:
- if you fail to make a payment to us for the use of the Services for any reason;
- if you commit any fraudulent activity through the Services;
- if you act towards our staff in any way we deem to be inappropriate or unacceptable;
- if due to any technical or operational limitation of the Services is necessary.
You agree that any termination or suspension of your access to the Services under any provision of this TOS may be affected without notice and acknowledge and agree that Ginx TV Ltd. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Ginx TV Ltd. shall not be liable to you or any third-party for any termination of your access to the Services.
Ginx TV Ltd. may provide or contain links to third party web sites and internet sources that are not owned or controlled by it. You agree that Ginx TV Ltd. is not responsible for availability of such sources nor does it endorse or is liable for any content, advertising, products, software, materials, advertised or offered. You further agree that Ginx TV Ltd. is not responsible or liable for any damage or loss caused or alleged to be caused by use or reliance on such content, services available on these sources.
You agree to indemnify, defend, and hold harmless Ginx TV Ltd., its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal fees and costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your User Comments, Feedback, or any other content) you (or anyone using your account) submit, post, or transmit on or through the Services; (b) your (or anyone using your account’s) breach of these Terms; or (c) your (or anyone using your account’s) violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Ginx TV Ltd. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Ginx TV Ltd. in asserting any available defenses.
You expressly agree agree that the use of the Website is at your own risk and is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Ginx TV Ltd. expressly disclaims all warranties, conditions and other terms of any kind,, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
Ginx TV Ltd. and its affiliates make no warranties or representations about the accuracy or completeness of content available on or through the Website or the content of any websites linked to the Services and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website (subject to the Exclusions and Limitations); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Website; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available on or through the Website.
Limitation of Liability
You expressly acknowledge and agree that Ginx TV Ltd. will not be liable under these terms for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
- any use of the Services that is not authorised by us;
- the use or inability to use the service;
- the act of ending, suspending or restricting these Terms in accordance with Cancellation, Restriction, Modifications and Disruptions to service.
- any failure to deliver or delay of us to provide the Services caused by events outside of our reasonable control.
- unauthorised access to or alteration of your transmission of data;
- statements or conduct of any third party service;
- any loss or damage caused by us or any of our respective officers, employees or agents where there is no breach of a contractual obligation or legal duty of care owed to you by us or by any of our employees or agents; or such loss or damage is not a reasonably foreseeable result of any such breach;
- any loss or damage caused by us or any of our respective employees or agents to the extent that such loss or damage results from your negligence, your failure to follow our reasonable instructions or any other breach by you of these Terms;
- any loss or damage caused by any:
- errors, viruses or bugs present in or arising from your use of the Services that are not directly caused by or attributable to us; or
- incompatibility of the Services with any other software, hardware or material on your Device.
Any claim or cause of action arising out of related to the use of the service of these TOS must be filed within one year after such a claim or cause of action arose or be forever barred.
Exclusions and Limitations
Nothing in these terms limits limits Ginx TV Ltd. liability for death or personal injury caused by our negligence or fraud, or affect the rights of any statutory consumer.
Notices to you about any changes of TOS or any other matters will be made to you via email containing the notices themselves or links to the notices.
GinxTV, GINX, its logo, products and services are trademarks of Ginx TV Ltd. You agree not to use or display these in any form without prior permission by Ginx TV Ltd.
These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and Ginx TV Ltd. and govern your use of the Services, superseding any prior agreements between you and Ginx TV Ltd. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Any failure by Ginx TV Ltd. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. Neither you nor Ginx TV Ltd. may assign or transfer any rights or obligations under these TOS without the prior written consent of the other party, except that Ginx TV Ltd. shall be entitled to assign or transfer any or all of its rights and obligations (without your prior consent) to any of its affiliated companies. The section titles in the TOS are for convenience only and have no legal or contractual effect. No Right of Survivorship and Non-Transferability. You agree that your Ginx TV Ltd. account is non-transferable and any rights to your GINX username or contents within your account terminate upon your death.