SPECIFIC TERMS AND CONDITIONS NIVITE – 26 August 2019

These Specific Terms and Conditions and the General Terms and Conditions (referred to jointly as the ‘General and Specific Terms and Conditions’), as well as the privacy policy, apply to all agreements between us, as the Provider (‘the Provider’, ‘we’, ‘us’ or ‘our’ – see our details below) and you, as ‘the Buyer’ of the Services that we supply.

Service(s)’ refers to Nivite, an online portal that allows you online access to streaming movies ('Digital Content') via the (mobile) internet, this website or a wapsite (‘the Sites’) and/or via any other method of delivery of digital content, unless otherwise agreed in writing.

The General and Specific Terms and Conditions, as well as the privacy policy, also apply to the use of the Sites.

USING THE SITES AND/OR REGISTERING FOR (ONE OF) THE SERVICES AND/OR ACCEPTING THE DIGITAL CONTENT AND/OR (ONE OF) THE SERVICES CONSTITUTES ACCEPTANCE OF THE GENERAL AND SPECIFIC TERMS AND CONDITIONS, AS WELL AS THE PRIVACY POLICY, AND YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE READ THESE AND ARE BOUND BY THEM.

For certain Digital Content and Services, additional Terms and Conditions may apply in addition to the General and Specific Terms and Conditions, such as game terms and conditions, disputes regulations and guidelines which will be made known beforehand (hereinafter referred to as ‘the additional  Terms and Conditions’). REGISTERING FOR (ONE OF) THE SERVICES AND/OR ACCEPTING THE DIGITAL CONTENT AND/OR (ONE OF) THE SERVICES, CONSTITUTES ACCEPTANCE OF ANY APPLICABLE ADDITIONAL TERMS AND CONDITIONS AND YOU ACKNOWLEDGE AND CONFIRM THAT YOU HAVE READ THESE AND ARE BOUND BY THEM.

If conflicts arise between the General and Specific Terms and Conditions and the Additional Terms and Conditions, the latter conditions shall prevail.

The Provider has the right at all times to vary or supplement the General and Specific Terms and Conditions. You should therefore check these pages regularly.

 

1. COUNTRY

The Services are provided in the United Kingdom for the sole use of United Kingdom residents.

 

2. PROVIDER

The Services are provided to you by:

Tgitt Limited

6 Langdale Court, OX28 6FG, Witney, United Kingdom

Company number: 11174334

VAT number: GB287975622

 

3. FEES

The applicable fees will be communicated to you through the Services and the Sites.

This is a monthly subscription to the Service. Your monthly subscription will start the moment after you successfully registered for the Service.

Your monthly subscription may start with a free 5day trial. The free trial period will be 5 days. If you do not unsubscribe before the end of the 5day trial, the Services will automatically continue on a monthly basis and you authorize us to charge the monthly fee via your credit card.

The applicable fees for the recurring monthly subscription are:

£49 per month

Separate (mobile) network provider text message/WAP/GPRS/UMTS fees or download charges may apply. You may terminate the Service at any time; termination will stop the recurring monthly fee moving forward. Terminating the Service will not retroactively refund subscription payments and previously charged subscription fees won’t be pro-rated based on termination date.

 

4. SERVICES

1) By subscribing to the Services, you will get access to an online platform, offering online access, to a library of streaming movies on your devices (our Service is optimized for smart phone, tablet, desktop and/or laptop ('Digital Devices'). Please note that the Services make use of the internet browser of your Digital Device and you should always make use of the latest version of your browser and be connected to the internet.  

2) Some Digital Content is only available for a select number of Digital Devices. This is a matter for the producers of Digital Devices and therefore lies beyond our sphere of risk. In order to avoid disappointment, before registering for the Services, you are requested to check the compatibility of your Digital Device (and the internet browser and software installed on such Digital Device), as shown in the List of compatible Digital Devices and Software  , available at the Sites.

3) Some Digital Content is only available in the United Kingdom. As a result; the supply of the Digital Content may differ if you are residing outside the United Kingdom.

4) You can use up to 4 (four) Digital Devices at the same time to make use of the Service.

5) The quality of the Digital Content is subject to a) the technical format in which we provide the Digital Content; b) the kind of Digital Device you are using for the Service and c) the speed of your internet connection via which you are connected to the Service.

6) You agree that you will use the Service only for your own personal non-commercial use in accordance with clause 14 of the General Terms and Conditions.

As long as you are subscribed, you will get unlimited online access to our entire selection of Digital Content.

 

5. ACCESS TO THE SERVICE, AVAILABILITY AND AGE

In order to subscribe to the Service you will have to go through the following subscription steps:

1) You have to create an account by providing your email address and choosing a password.

2) You will be redirected to the 'payment page' on which you have to complete your credit card details.

3) You will be redirected to the 'thank you page' after you have completed your credit card details. Your username and password will also be sent to the previously completed email address. STORE YOUR USER NAME AND PASSWORD IN A SAFE PLACE AND CLICK ON THE 'CONTINUE' BUTTON IN ORDER TO RECEIVE ACCESS TO THE NIVITE SERVICE.

4) Users of the Services must be legal residents of the United Kingdom who (1) are at least 18 years old; and (2) have read and agreed on behalf of him/herself or the accountholder to be bound by these General and Specific Terms and the privacy policy.

We will also send an email to the email address provided by you with a hyperlink to the Site. It is your own responsibility to keep your password secret, and you are responsible at all times for any activities under your account.

 

6. TERMINATION, CUSTOMER SERVICE CONTACT POINT

We offer you information on the Sites, and/or via email. In addition, if you need more information or have specific questions or wish to inform us of a complaint, please e-mail our Customer Care Center on info.uk@nivite.com, or telephone us on +44 2039121204 (standard rate).

The supply of the Service to you will continue until you choose to terminate your subscription.

To terminate the Service, you can contact the Customer Care Center on the telephone number or email address above. You can also go to 'my account' on the Nivite portal and select 'manage my subscription'.

You may terminate the Services at any time; termination will stop the recurring monthly fee moving forward. Terminating the Services will not retroactively refund subscription payments and previously charged subscription fees won’t be pro-rated based on termination date.

 

7. CANCELLATION

You will have a period of 14 days in which to cancel your contract with us unless you have asked us to supply the service to you immediately and have acknowledged that this cancellation period will not apply. To cancel your contract within the 14 days you can use the model cancellation form (please see below) or you can contact us by sending an email to info.uk@nivite.com or telephone us on +44 2039121204 (standard rate).

Note: When you contact us via email or telephone or by filling in and sending us the cancellation form, please mention your email address. This enables us to process your cancellation.

 

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Model cancellation form

 

To:

Tgitt Limited

6 Langdale Court, OX28 6FG, Witney, United Kingdom

Email: info.uk@nivite.com

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/ received on [*]

Name of consumer(s),

Address of consumer(s),

Email address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

 

[*] Delete as appropriate.

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