Liability to You. 1. Neither Virgin Media, Virgin Mobile nor Virgin Media Payments restricts or excludes liability to you for: 1. death or personal injury resulting from our own, Virgin Mobile or Virgin Media Payments’ own (or our agents’ or contractors’) negligent act or failure to act; 2. fraud; or 3. any legal rights and remedies available to you as a consumer in relation to the services. None of these rights and remedies are affected by this agreement. For information on these rights and remedies please visit the Citizens Advice website www. xxxxxxxxxxxxxx.xxx.xx or call 00000 00 00 00. 2. Except as set out in Section S.1, neither we, Virgin Mobile nor Virgin Media Payments will be liable to you for: 1. any loss or damage which is not a reasonably foreseeable consequence of Virgin Media, Virgin Mobile or Virgin Media Payments’ negligence or breach of this agreement. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen (e.g. if you and we discussed it); or 2. any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable. 3. Except as set out in Section S.1 our, Virgin Mobile and Virgin Media Payments’ liability to you is limited to: 1. for direct physical damage to your property (including any of your equipment upon which the television services are enabled), a maximum of £100,000 for any one event or series of connected events; and 2. except for direct physical damage to your property, a maximum of £10,000 for any one event or series of connected events. 4. When we, Virgin Mobile or Virgin Media Payments carry out any obligation under this agreement, the duty of each of us is to exercise the reasonable care and skill of a competent service provider only. 5. We will not be liable to you for the accuracy, fitness for purpose, completeness or legality of any information accessed, received or transmitted using the equipment, SIM or services unless we are the author or creator of this information or material, or for transmitting or receiving, or failure to transmit or receive, any material through the equipment, SIM or services. 6. We will not be liable for any failure of safety, security or other alarm systems or monitors due to: 1. incompatibility with our network; 2. power or network outages that are not our fault; or 3. any other matters beyond our reasonable control or not due to our fault. 7. If you deal with any other individuals or organisations using the equipment or services (for example, by buying or renting goods or services from them or subscribing to or accessing third party services such as TV/movie streaming services or ordering goods or services using Internet access), we will not be involved in these dealings. We will not be liable in any way for any loss, costs or damage you have to pay for. 8. We will not be liable to you for the contents of any material from 9. Sometimes we might have to interrupt, change or temporarily suspend some or all services to repair, upgrade or maintain our network. If this happens, we’ll try to give you notice and get the network back up and running as soon as possible. 10. We aim to provide a continuous, high-quality service using reasonable care and skill. However, due to the nature of the services, we cannot guarantee that the services will be available all the time as the quality and availability of the services could be affected by factors outside of our control, such as faults on the network or any other networks operated by third parties which are used to provide the service to you. Environmental factors such as the weather, the type of building you are in or surrounding trees may also affect availability of the mobile services. If you have a fault or other performance issue with your broadband service please visit https:// xx.xxxxxxxxxxx.xxx/xxxxxx/xxxxxxx-xxxxxx/ to view the network status. There are other pages on our website which may also help you to troubleshoot your service. If you still need help, you should contact us to let us know. You may ask us to fix the fault in which case you agree to follow our reasonable instructions and to provide us with a reasonable opportunity to fix it. 11. If you experience faults with your Virgin Phone or Virgin broadband service, then in certain circumstances, where such faults affect your ability to use your Virgin Phone or Virgin broadband service you may be entitled to compensation as set out in our Virgin Media Automatic Compensation Scheme, available to view at xxxxx://xxx. xxxxxxxxxxx.xxx/xxxx/xxxxxxxxx-xxxxxxxxxxxx If we fail to fix a fault with our broadband service or if we agree with you that the quality of the broadband service you are getting from us is regularly below what is reasonable then after we have carried out an individual assessment of the broadband services you have received from us we may (depending on the circumstances of the case) allow you to cancel the agreement without paying an early disconnection fee. 12. If after 30 days we have been unable to resolve a delayed provision of Virgin Phone or Virgin Broadband or a total loss of service, we may give you notice that we are ending credit payments being made to you under the Virgin Media Automatic Compensation Scheme. If we give you notice, we will offer you the right to end your agreement without needing to pay an early disconnection fee. We will give you no less than 30 days’ notice of our ending such credit payments and if you cancel your services before the end of this notice period you will not be charged an early disconnection fee (even if service is restored or your activation is completed in this notice period). 13. Where we have provided credit payments under the Virgin Media Automatic Compensation Scheme and we later discover that you are not eligible to such credits under the Virgin Media Automatic Compensation Scheme (for example, your report of a total loss ofservice is fraudulent, frivolous or vexatious, or if you have breached your agreement with us in a serious way, such as a breach of paragraph H.2), we may be entitled to reclaim from you the credit you have been provided under the Virgin Media Automatic Compensation Scheme. 14. As a consumer you also have other legal rights and remedies that apply in addition to any provided to you under this agreement or common law. Some of the key rights you have as a consumer are contained in the Consumer Rights Act 2015, which provides legal remedies to you where we have, for example, not exercised reasonable care and skill in providing the services to you, or where goods or digital content we provide to you are faulty or not as described. These remedies may include the right to ask us to fix the problem or to a price reduction. Consumer law also gives you rights if we provide you with misleading information that leads you to enter into an agreement with us. For information on your legal rights and remedies available to you as a consumer, please visit the Citizens Advice website at xxx.xxxxxxxxxxxxxx.xxx.xx
Appears in 1 contract
Samples: Terms and Conditions
Liability to You. 1. Neither Virgin Media, Virgin Mobile nor Virgin Media Payments restricts or excludes liability to you for:
1. death or personal injury resulting from our own, Virgin Mobile or Virgin Media Payments’ own (or our agents’ or contractors’) negligent act or failure to act;
2. fraud; or
3. any legal rights and remedies available to you as a consumer in relation to the services. None of these rights and remedies are affected by this agreement. For information on these rights and remedies please visit the Citizens Advice website www. xxxxxxxxxxxxxx.xxx.xx or call 00000 00 00 00.00.
2. Except as set out in Section S.1, neither we, Virgin Mobile nor Virgin Media Payments will be liable to you for:
1. any loss or damage which is not a reasonably foreseeable consequence of Virgin Media, Virgin Mobile or Virgin Media Payments’ negligence or breach of this agreement. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen (e.g. if you and we discussed it); orforeseeable
2. any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable.
3. Except as set out in Section S.1 our, Virgin Mobile and Virgin Media Payments’ liability to you is limited to:
1. for direct physical damage to your property (including any of your equipment upon which the television services are enabled), a maximum of £100,000 for any one event or series of connected events; and
2. except for direct physical damage to your property, a maximum of £10,000 for any one event or series of connected events.of
4. When we, Virgin Mobile or Virgin Media Payments carry out any obligation under this agreement, the duty of each of us is to exercise the reasonable care and skill of a competent service provider only.
5. We will not be liable to you for the accuracy, fitness for purpose, completeness or legality of any information accessed, received or transmitted using the equipment, SIM or services unless we are the author or creator of this information or material, or for transmitting or receiving, or failure to transmit or receive, any material through the equipment, SIM or services.
6. We will not be liable for any failure of safety, security or other alarm systems or monitors due to:
1. incompatibility with our network;
2. power or network outages that are not our fault; or
3. any other matters beyond our reasonable control or not due to our fault.
7. If you deal with any other individuals or organisations using the equipment or services (for example, by buying or renting goods or services from them or subscribing to or accessing third party services such as TV/movie streaming services or ordering goods or services using Internet access), we will not be involved in these dealings. We will not be liable in any way for any loss, costs or damage you have to pay for.
8. We will not be liable to you for the contents of any material fromfrom other individuals or organisations which may be accessed through the equipment, SIM or services. We also reserve the right to block access to any such material.
9. Sometimes we might have to interrupt, change or temporarily suspend some or all services to repair, upgrade or maintain our network. If this happens, we’ll try to give you notice and get the network back up and running as soon as possible.
10. We aim to provide a continuous, high-quality service using reasonable care and skill. However, due to the nature of the services, we cannot guarantee that the services will be available all the time as the quality and availability of the services could be affected by factors outside of our control, such as faults on the network or any other networks operated by third parties which are used to provide the service to you. Environmental factors such as the weather, the type of building you are in or surrounding trees may also affect availability of the mobile services. If you have a fault or other performance issue with your broadband service please visit https:// xx.xxxxxxxxxxx.xxx/xxxxxx/xxxxxxx-xxxxxx/ to view the network status. There are other pages on our website which may also help you to troubleshoot your service. If you still need help, you should contact us to let us know. You may ask us to fix the fault in which case you agree to follow our reasonable instructions and to provide us with a reasonable opportunity to fix it.
11. If you experience faults with your Virgin Phone or Virgin broadband service, then in certain circumstances, where such faults affect your ability to use your Virgin Phone or Virgin broadband service you may be entitled to compensation as set out in our Virgin Media Automatic Compensation Scheme, available to view at xxxxx://xxx. xxxxxxxxxxx.xxx/xxxx/xxxxxxxxx-xxxxxxxxxxxx If we fail to fix a fault with our broadband service or if we agree with you that the quality of the broadband service you are getting from us is regularly below what is reasonable then after we have carried out an individual assessment of the broadband services you have received from us we may (depending on the circumstances of the case) allow you to cancel the agreement without paying an early disconnection fee.
12. If after 30 days we have been unable to resolve a delayed provision of Virgin Phone or Virgin Broadband or a total loss of service, we may give you notice that we are ending credit payments being made to you under the Virgin Media Automatic Compensation Scheme. If we give you notice, we will offer you the right to end your agreement without needing to pay an early disconnection fee. We will give you no less than 30 days’ notice of our ending such credit payments and if you cancel your services before the end of this notice period you will not be charged an early disconnection fee (even if service is restored or your activation is completed in this notice period).
13. Where we have provided credit payments under the Virgin Media Automatic Compensation Scheme and we later discover that you are not eligible to such credits under the Virgin Media Automatic Compensation Scheme (for example, your report of a total loss ofservice of service is fraudulent, frivolous or vexatious, or if you have breached your agreement with us in a serious way, such as a breach of paragraph H.2), we may be entitled to reclaim from you the credit you have been provided under the Virgin Media Automatic Compensation Scheme.
14. As a consumer you also have other legal rights and remedies that apply in addition to any provided to you under this agreement or common law. Some of the key rights you have as a consumer are contained in the Consumer Rights Act 2015, which provides legal remedies to you where we have, for example, not exercised reasonable care and skill in providing the services to you, or where goods or digital content we provide to you are faulty or not as as described. These remedies may include the right to ask us to fix the problem or to a price reduction. Consumer law also gives you rights if we provide you with misleading information that leads you to enter into an agreement with us. For information on your legal rights and remedies available to you as a consumer, please visit the Citizens Advice website at xxx.xxxxxxxxxxxxxx.xxx.xx
Appears in 1 contract
Liability to You. 1. Neither Virgin Media, Virgin Mobile nor Virgin Media Payments restricts or excludes liability to you for:
1. death or personal injury resulting from our own, Virgin Mobile or Virgin Media Payments’ own (or our agents’ or contractors’) negligent act or failure to act;
2. fraud; or
3. any legal rights and remedies available to you as a consumer in relation to the services. None of these rights and remedies are affected by this agreement. For information on these rights and remedies please visit the Citizens Advice website www. xxxxxxxxxxxxxx.xxx.xx or call 00000 00 00 00.
2. Except as set out in Section S.1, neither we, Virgin Mobile nor Virgin Media Payments will be liable to you for:
1. any loss or damage which is not a reasonably foreseeable consequence of Virgin Media, Virgin Mobile or Virgin Media Payments’ negligence or breach of this agreement. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen (e.g. for example, if you and we discussed it); or
2. any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable.
3. Except as set out in Section S.1 our, Virgin Mobile and Virgin Media Payments’ liability to you is limited to:
1. for direct physical damage to your property (including any of your equipment upon which the television services are enabled), a maximum of £100,000 for any one event or series of connected events; and
2. except for direct physical damage to your property, a maximum of £10,000 for any one event or series of connected events.
4. When we, Virgin Mobile or Virgin Media Payments carry out any obligation under this agreement, the duty of each of us is to exercise the reasonable care and skill of a competent service provider only.
5. We will not be liable to you for the accuracy, fitness for purpose, completeness or legality of any information accessed, received or transmitted using the equipment, SIM or services unless we are the author or creator of this information or material, or for transmitting or receiving, or failure to transmit or receive, any material through the equipment, SIM or services.
6. We will not be liable for any failure of safety, security or other alarm systems or monitors due to:
1. incompatibility with our network;
2. power or network outages that are not our fault; or
3. any other matters beyond our reasonable control or not due to our fault.
7. If you deal with any other individuals or organisations using the equipment or services (for example, by buying or renting goods or services from them or subscribing to or accessing third party services such as TV/movie streaming services or ordering goods or services using Internet access), we will not be involved in these dealings. We will not be liable in any way for any loss, costs or damage you have to pay for.
8. We will not be liable to you for the contents of any material fromfrom other individuals or organisations which may be accessed through the equipment, SIM or services. We also reserve the right to block access to any such material.
9. Sometimes we might have to interrupt, change or temporarily suspend some or all services to repair, upgrade or maintain our network. If this happens, we’ll try to give you notice and get the network back up and running as soon as possible.
10. We aim to provide a continuous, high-quality service using reasonable care and skill. However, due to the nature of the services, we cannot guarantee that the services will be available all the time as the quality and availability of the services could be affected by factors outside of our control, such as faults on the network or any other networks operated by third parties which are used to provide the service to you. Environmental factors such as the weather, the type of building you are in or surrounding trees may also affect availability of the mobile services. If you have a fault or other performance issue with your broadband service please visit https:// xx.xxxxxxxxxxx.xxx/xxxxxx/xxxxxxx-xxxxxx/ to view the network status. There are other pages on our website which may also help you to troubleshoot your service. If you still need help, you should contact us to let us know. You may ask us to fix the fault in which case you agree to follow our reasonable instructions and to provide us with a reasonable opportunity to fix it.
11. If you experience faults with your Virgin Phone or Virgin broadband service, then in certain circumstances, where such faults affect your ability to use your Virgin Phone or Virgin broadband service you may be entitled to compensation as set out in our Virgin Media Automatic Compensation Scheme, available to view at xxxxx://xxx. xxxxxxxxxxx.xxx/xxxx/xxxxxxxxx-xxxxxxxxxxxx If we fail to fix a fault with our broadband service or if we agree with you that the quality of the broadband service you are getting from us is regularly below what is reasonable then after we have carried out an individual assessment of the broadband services you have received from us we may (depending on the circumstances of the case) allow you to cancel the agreement without paying an early disconnection fee.Media
12. If after 30 days we have been unable to resolve a delayed provision of Virgin Phone or Virgin Broadband or a total loss of service, we may give you notice that we are ending credit payments being made to you under the Virgin Media Automatic Compensation Scheme. If we give you notice, we will offer you the right to end your agreement without needing to pay an early disconnection fee. We will give you no less than 30 days’ notice of our ending such credit payments and if you cancel your services before the end of this notice period you will not be charged an early disconnection fee (even if service is restored or your activation is completed in this notice period).
13. Where we have provided credit payments under the Virgin Media Automatic Compensation Scheme and we later discover that you are not eligible to such credits under the Virgin Media Automatic Compensation Scheme (for example, your report of a total loss ofservice of service is fraudulent, frivolous or vexatious, or if you have breached your agreement with us in a serious way, such as a breach of paragraph H.2), we may be entitled to reclaim from you the credit you have been provided under the Virgin Media Automatic Compensation Scheme.breached
14. As a consumer you also have other legal rights and remedies that apply in addition to any provided to you under this agreement or common law. Some of the key rights you have as a consumer are contained in the Consumer Rights Act 2015Xxx 0000, which provides legal remedies to you where we have, for example, not exercised reasonable care and skill in providing the services to you, or where goods or digital content we provide to you are faulty or not as described. These remedies may include the right to ask us to fix the problem or to a price reduction. Consumer law also gives you rights if we provide you with misleading information that leads you to enter into an agreement with us. For information on your legal rights and remedies available to you as a consumer, please visit the Citizens Advice website at xxx.xxxxxxxxxxxxxx.xxx.xx
Appears in 1 contract
Liability to You. 1. Neither Virgin Media, Virgin Mobile Media nor Virgin Media Payments restricts or excludes liability to you for:
1. death or personal injury resulting from our own, Virgin Mobile own or Virgin Media Payments’ own (or our agents’ or contractors’) negligent act or failure to act;; or
2. fraud; or
3. any legal rights and remedies available to you as a consumer in relation to the services. None of these rights and remedies are affected by this agreement. For information on these rights and remedies please visit the Citizens Advice website www. xxxxxxxxxxxxxx.xxx.xx xxx.xxxxxxxxxxxxxx.xxx.xx or call 00000 00 00 00. Additional information about your rights is set out at paragraphs R15.
2. Except as set out in Section S.1paragraph R1, neither we, Virgin Mobile we nor Virgin Media Payments will be liable to you for:
1. any loss or damage which is not a reasonably foreseeable consequence of Virgin Media, Virgin Mobile Media or Virgin Media Payments’ negligence or breach of this agreement. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time the agreement was made, both we and you knew it might happen (e.g. if you and we discussed it); or
2. any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable.
3. Except as set out in Section S.1 our, Virgin Mobile paragraph R1 our and Virgin Media Payments’ liability to you is limited to:
1. for direct physical damage to your property (including any of your equipment upon which the television services are enabled), a maximum of £100,000 for any one event or series of connected events; and
2. except for direct physical damage to your property, a maximum of £10,000 for any one event or series of connected events.
4. When we, Virgin Mobile we or Virgin Media Payments carry out any obligation under this agreement, the duty of each of us is to exercise the reasonable care and skill of a competent service provider only.
5. We will not be liable to you for the accuracy, fitness for purpose, completeness or legality of any information accessed, received or transmitted using the equipment, SIM equipment or services unless we are the author or creator of this information or material, or for transmitting or receiving, or failure to transmit or receive, any material through the equipment, SIM equipment or services.
6. We will not be liable for any failure of safety, security or other alarm systems or monitors due to:
1. incompatibility with our network;; or
2. power or network outages that are not our fault; or
3. any other matters beyond our reasonable control or not due to our fault.
7. If you deal with any other individuals or organisations using the equipment or services (for example, e.g. by buying or renting goods or services from them or subscribing to or accessing third party services such as TV/TV/ movie streaming services or ordering goods or services using the Internet access), we will not be involved in these dealings. We will not be liable in any way for any loss, costs or damage you have to pay for.
8. We will not be liable to you for the contents of any material fromfrom other individuals or organisations which may be accessed through the equipment or services. We also reserve the right to block access to any such material.
9. Sometimes we might have to interrupt, change or temporarily suspend some or all services to repair, upgrade or maintain our network. If this happens, we’ll try to give you notice and get the network back up and running as soon as possible.
10. We aim to provide a continuous, high-quality service using reasonable care and skill. However, due to the nature of the services, we cannot guarantee that the services will be available all the time as the quality and availability of the services could be affected by factors outside of our control, such as faults on the network or any other networks operated by third parties which are used to provide the service to you. Environmental factors such as the weather, the type of building you are in or surrounding trees may also affect availability of the mobile servicestime. If you have a fault or other performance issue with your broadband service please visit https:// xx.xxxxxxxxxxx.xxx/xxxxxx/xxxxxxx-xxxxxx/ xxxxx://xx.xxxxxxxxxxx.xxx/faults/service-status/ to view the network status. There are other pages on our website which may also help you to troubleshoot your service. If you still need help, you should contact us to let us know. You may ask us to fix the fault in which case you agree to follow our reasonable instructions and to provide us with a reasonable opportunity to fix it.
11. If you experience faults with your Virgin Phone or Virgin broadband serviceservices, then in certain circumstances, where such faults affect your ability to use your Virgin Phone or Virgin broadband Broadband service you may be entitled to compensation as set out in our Virgin Media Automatic Compensation Scheme, available click here to view at xxxxx://xxxview. xxxxxxxxxxx.xxx/xxxx/xxxxxxxxx-xxxxxxxxxxxx If we fail to fix a fault with our broadband service or if we agree with you that the quality of the broadband service you are getting from us is regularly below what is reasonable then after we have carried out an individual assessment of the broadband services you have received from us we may (depending on the circumstances of the case) allow you to cancel the agreement without paying an early disconnection fee.the
12. If after 30 days we have been unable to resolve a delayed provision of Virgin Phone or Virgin Broadband or a total loss of service, we may give you notice that we are ending credit payments being made to you under the Virgin Media Automatic Compensation SchemeScheme (click here to view the policy). If we give you notice, we will offer you the right to end your agreement without needing to pay an early disconnection fee. We will give you no less than 30 days’ notice of our ending such credit payments and if you cancel your services before the end of this notice period you will not be charged an early disconnection fee (even if service is restored or your activation is completed in this notice period).
13. Where we have provided credit payments under the Virgin Media Automatic Compensation Scheme and we later discover that you are not eligible to such credits under the Virgin Media Automatic Compensation Scheme (for example, e.g. your report of a total loss ofservice of service is fraudulent, frivolous or vexatious, or if you have breached your agreement with us in a serious way, such as a breach of paragraph H.2G2), we may be entitled to reclaim from you the credit you have been provided under the Virgin Media Automatic Compensation Scheme.
14. As a consumer you also have other legal rights and remedies that apply in addition to any provided to you under this agreement or common law. Some of the key rights you have as a consumer are contained in the Consumer Rights Act 2015, which provides legal remedies to you where we have, for example, e.g. not exercised reasonable care and skill in providing the services to you, or where goods or digital content we provide to you are faulty or not as described. These remedies may include the right to ask us to fix the problem or to a price reduction. Consumer law also gives you rights if we provide you with misleading information that leads you to enter into an agreement with us. For information on your legal rights and remedies available to you as a consumer, please visit the Citizens Advice website at xxx.xxxxxxxxxxxxxx.xxx.xx. As a communications provider, we are also regulated by Ofcom and are required to comply with the General Conditions of Entitlement, Part C of which contains a number of consumer protection obligations. For more information on your rights under these General Conditions, please see Ofcom's website: xxxxx://xxx.xxxxx.xxx.xx/phones-telecoms-and- internet/information-for-industry/telecoms-competition- regulation/general-conditions-of-entitlement.
15. As a communications provider, we are also regulated by Ofcom and are required to comply with the General Conditions of Entitlement, Part C of which contains a number of consumer protection obligations, including rights to compensation for certain delays or failures that arise when you switch provider or port your number to a new provider. For more information on your rights under these General Conditions, please see Ofcom's website: xxxxx://xxx.xxxxx.xxx.xx/phones-telecoms-and- internet/information-for-industry/telecoms-competition- regulation/general-conditions-of-entitlement
Appears in 1 contract
Samples: Terms and Conditions
