Overview

Our website terms of use are important as they contain all the information you need to know about using our services, so please take a little time to read them and if you have any questions, please do not hesitate to contact news@fitv.co.fk and we will do our best to answer your questions.

Our services are provided by and maintained by us for your personal entertainment and information. The services offered by us include features, content, and/or other promotions. By using these services either as a visitor or as a subscriber of one of our subscriptions, you may need to agree to additional terms. If you choose to participate in any of our services you will be bound by any applicable and additional terms as well as these website terms of use.

Your agreement with us includes these website terms of use and in addition, any personal data we collect from you, or that you provide to us and information about how your use of our services, is monitored so that we are able to improve your user experience. By using our services, you consent to such processing and you warrant that all data provided by you is accurate.

These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available by Falkland Islands Television Ltd (“FITV”, www.fitv.co.fk, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between FITV and the individual or entity who subscribes to our service (“Subscriber” or “you”).

PLEASE READ THIS AGREEMENT CAREFULLY. FITV may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that FITV believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

FITV may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement on our website. You are responsible for reading this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

Company Registration Number: 14393
Company Registration Address: 45 John Street, Stanley, Falkland Islands FIQQ 1ZZ

Services

FITV offers Subscribers viewing of video content for the duration of the service term purchased from fitv.co.fk. We will always aim to provide you with the best service we can, but our service is provided “as is” and we do not and cannot promise that all of the information provided in our services will always be 100% accurate. The information provided by our services is for information purposes only and does not constitute advice. All our services are provided without any warranties or guarantees.

To benefit fully from our services you will need to become a subscriber as not all aspects of our services are made available to visitors. We may also occasionally require you to download our content. If there are charges associated to any of these services, you will be responsible for any charges incurred from that point on.

The programme ‘Falklands In Focus’ is only accessible to our subscribers and not to visitors. In addition, we may not offer or make available all of our services or content to residents of certain countries.

If you are required to register with us to access some or all of our content, you agree that you will keep your user name and/or password confidential and will not share this information with any third party. You also agree that you will not register multiple email addresses. We may terminate or restrict your use of our service if you violate these website terms of use or are engaged in illegal or fraudulent use of the service.

We may, at our discretion change, remove, suspend or discontinue any aspect of our services at any time including the availability of any content.

FITV reserves the right to modify, change, or discontinue any aspect of the Services or videos at any time.

At its sole discretion, FITV may place advertisements or other commercial content on our website, emails or anywhere it deems fit.

There are two subscription plans to view content generated by FITV. A monthly ticket and an annual ticket. These correspond to; having access to the Falklands In Focus playlist for a month (monthly ticket) and having access to the Falklands In Focus playlist for a year (annual ticket). Once the ticket is purchased, FITV cannot give a refund. The subscriber must refer to the billing terms of 2checkout.com in order to arrange a cancellation of a subscription.

All videos are considered to be delivered in full upon the completion of the streaming of a video to the subscriber’s device. FITV is not obligated to provide reimbursement for any proration or service term adjustment to any subscription taken out.

In the absence of a cancellation request from you, your subscription will be renewed for a successive term, at the regular renewal rate.

Some of the information provided by our services is supplied to us by our third party partners. We have no control over third party content and we are unable to guarantee the accuracy of such third party content. You agree that you access any content at your own risk. Before relying on any information, whether it is from us or from our third party partners, we advise you to verify the accuracy of such information.

Whilst we will do our best to ensure that our service is fully operational at all times, we are not responsible for and shall not be liable to you for any problems or temporary interruptions in using our services arising from factors outside of our control (e.g. technical problems from traffic congestion on the internet) or for any problems arising from participating in or from downloading third party content.

To the extent permissible by law, we are not responsible for any loss or damage resulting from use of our services or from any content posted on or through our services.

You agree, that to the extent permissible by law, your sole and only remedy for any problems, issues or concerns with our service is to stop using our services, whether as a subscriber or as a visitor using one of our services.

Subscription Terms

This is an instant access service. By purchasing this subscription you agree your access will start immediately. Please see Cancellation Terms for your cancellation rights.

You must be 18 or older and have the power to enter into a contract with us and are not prevented from doing so under any local laws.

By registering to become a subscriber, you agree that you have given us accurate registration details, including payment information and will ensure that we always have up to date contact information.

Your subscription will start immediately upon payment. You can purchase a monthly subscription or an annual subscription.

A Monthly Ticket allows you access to the ‘Falklands In Focus’ playlist for one calendar month.

An Annual Ticket allows you access to the ‘Falklands In Focus’ playlist for one year.

The cost of your subscription will be made clear to you on the sign-up pages. You agree to pay the fees at the rates notified to you at the time you purchase one of our subscriptions.

Payment is made using 2Checkout. Where relevant, currency conversion values may fluctuate and conversion fees may be charged by your bank. By submitting payment details to us, you promise that you are entitled to purchase a subscription using those payment details.

We reserve the right to change your subscription price with 30 days’ notice and affected subscribers may terminate their subscription within this notice period.

We may amend these terms at any time to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your subscription experience. If we make any important changes to the subscription terms we will notify you.

To benefit fully from our subscriptions, you will need one or more of the following:

• Android supported smartphones and/or tablet devices
• Apple iOS10 (or above) supported smartphones and/or tablet devices

and/or

for our UK subscriptions only, Kindle (although not all digital content will be supported) and second generation or above Kindle Fire devices.

If you would like to get in touch with us to make a complaint, please email stationmanager@fitv.co.fk

We may change our subscription entitlements at any time with 30 days’ notice and you may cancel your subscription within this notice period. We may also at any time and at our sole discretion, terminate your subscription with us where we believe that we have serious grounds to terminate (for example, for non-payment or breach of these terms).

We may screen your name and address against credit reference and fraud prevention databases when we decide whether or not to accept your application for subscription. By providing us with your details, you confirm that we may carry out these checks. If we do not accept your application for subscription, we will terminate your subscription.

Our subscriptions are subject to Falkland Islands law and to the exclusive jurisdiction of the Falkland Islands courts. Your subscription is with Falkland Islands Television Limited (FITV) whose registered office is 45 John Street, Stanley, Falkland Islands.

Copyright

FITV maintains the ownership of the videos and their content. You may not use any part of any content generated by FITV.

Our content, trademarks, copyright, patents, logos, domain names and other related intellectual property rights or other features of our brand belong to us (FITV). Your use of our services does not grant you any rights in our intellectual property whether for commercial or non-commercial use.

We grant our users a licence to access and use our services and intellectual property rights (subject to your ability to access our services as set out above) and to the following usage restrictions:

• you may use our services for personal, private and non-commercial purposes; and
• you must not commercially exploit, or sell any content appearing on our services

Termination / Plan Change / Refund Policy

FITV reserves the right to terminate your Subscription for any reason.

You will be responsible for cancelling your subscription and for any service fees that arise from your failure to cancel your account.

Refunds will only be given in exceptional circumstances.

Subscriber Responsibility

In no event is FITV liable for the unauthorised use or misuse of your subscriber ID or password.

Notices

You agree that, unless other instructions are posted on FITV’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by posting on our website. All posted notices shall be effective upon transmission.

Privacy

The FITV Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Subscribers’ personal information. The FITV Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy.

Subscriber information will not be disclosed or sold to any third parties.

Reservation of Rights

FITV reserves the right and sole discretion to:

1. Censor any subscriber that is deemed inappropriate.
2. Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
3. Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.

You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain the website.

Limitation of Liability

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. FITV makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service.

FITV, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

Indemnification

You agree to indemnify and hold FITV, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse FITV with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.

Force Majeure

FITV will not be liable for any delay, interruption or failure in the provisioning of services if caused by Acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay service provisioning.

Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

Governing Law

The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of The Falkland Islands.

You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of The Falkland Islands for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.

Agreement

This Agreement, as may be updated from time to time, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.

We may amend these website terms of use at any time to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience in using our services, so please ensure that you check our website terms of use frequently. By continuing to use our services after any changes are made, you accept those changes and will be bound by them.

These website terms of use and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of The Falkland Islands and will be subject to the exclusive jurisdiction of the Falkland Islands courts.

Cancellation Terms

You cancel your subscription by following the instructions on your confirmation email.

We advise that you watch a single episode of ‘Falklands In Focus’ before signing up for a monthly or annual subscription. No refunds will be given for subscriptions taken out unless in exceptional circumstances.