Last Updated 22nd October 2019
dplay sites and mobile application Terms and Conditions
The Service is operated and provided to you by DPlay Entertainment Limited, registered in England with company number 09615785 whose registered office is at Chiswick Park Building 2, 566 Chiswick High Road, London, England, W4 5YB (“DEL”, "we", "us, "our").
By accessing, installing or using the Service, you confirm that you are 18 years old (or, if higher than 18 years old, the age of majority in your territory of residence) or over.
1. Access to the Service
1.2 You must be aged 18 years (or the age of majority in your territory of residence if more than 18 years old) or more to access, use or install the Service.
1.3 Some features may only be available to you if you register an account or have an existing account (“dplay Account”), and use your account details to sign into the Service. Please visit the Frequently Asked Questions to see which features require you to have a dplay account.
2. Your dplay Account
2.1 When creating your dplay Account, you must provide accurate and complete information.
2.2 You are responsible for your dplay account username and password, for keeping them confidential, and for all activities that are carried out under them. We recommend that you do not reveal your username and password to any other person. You agree to notify us immediately if you become aware of or suspect any breach of security or unauthorised use of your password or username.
3. Supported devices and updates
3.1 Availability of the Service, your dplay Account and Content depends on the quality of your internet connection and device capabilities.
3.2 Some features may not be available on all devices. Please visit the Frequently Asked Questions to see the full list of supported devices and operating system requirements and any other device restrictions that may apply.
3.3 To get the best experience, we recommend that you accept any updates to the Service as and when they become available. This may also require you to update your device operating system.
4. Your data usage
You are responsible for all internet access, mobile data or other charges incurred when using the Service. Remember that streaming and downloading audio-visual content such as videos and games can use up a lot of data.
5. Changes to the Service
We may make changes to or discontinue the Service at any time without prior notice to you. For example, there may be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the Service. We may also update or upgrade the Service from time to time.
6. Changes to the Content
You acknowledge and agree that the Content is variable and will change from time to time without notice. In particular, the availability of Content may change from time to time (for various reasons, such as where relevant third party rights-holders withdraw or restrict our right to use that Content on the Service). We therefore have the right to add or withdraw Content at any time, with or without notice.
8. Ownership of Content
8.1 All Content on the Service is either owned by or licensed to DEL and/or its group companies, and is subject to copyright, trade mark rights, and other intellectual property rights of DEL or DEL's licensors and/or its group companies.
8.2 Any third party trade or service marks present on Content are trade or service marks of their respective owners.
8.3 DEL and its licensors reserve all rights not expressly granted in and to their Content.
9. Your use of the Service
9.2 You must use the Service in accordance with all applicable laws, rules and regulations, and any other restrictions on your use of the Service or the Content.
9.4 For use outside your home country of residence, see the Frequently Asked Questions for more information about access to the Service outside your home country.
11. Ending your right to use the Service
11.2 We may decide to discontinue any part of the Service or (if applicable) any dplay account at any time.
11.3 We will terminate or suspend your access to the Service and/or (if applicable) to your dplay Account if we have notified you more than twice that you are carrying out an infringing activity.
12. Our liability to you
12.1 We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation, wilful misconduct or gross negligence by us or our employees or agents.
12.3 We are not responsible for:
(a) any indirect or consequential losses which may be incurred by you. This shall include; (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered by you;
(b) any use of the Service or Content which isn’t authorised by us;
(c) any malfunction or interruption to the Service or Content due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;
(d) errors, viruses or bugs present in or arising from your use of the Service or Content;
(e) incompatibility of the Service or Content with any other software or hardware (including any of your devices);
(f) the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Service; and
(g) any act or default of any third-party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.
12.5 Apart from liability arising in respect of the circumstances set out in section 14.1 (which is unlimited), to the fullest extent permitted under local law, in no event shall our total liability to you for all damages arising from your use of the Service or the Content exceed £50.00.
12.6 We can't guarantee that the Service or the Content will be free from bugs or errors or that your access will be free from interruptions (for example there may be downtime for maintenance or updates or any power or server outages or other reasons outside our control), however where we are made aware of technical issues we will always try to fix them.
12.7 Please note that we are not responsible for any lack of functionality or failure to provide any part of the Service or the Content, or any loss of content or data that is due to: your equipment, devices, operating system or internet connection, your failure to download the most recent published version of the Service or meet the compatibility requirements or the consequences of you changing your equipment, device, operating system or internet connection.
13. Advertising and third-party websites
13.1 The Service and Content may contain advertisements. We are not liable to you for any reliance placed by you on the completeness, accuracy or existence of any advertising on the Service and Content.
13.2 The Service may include hyperlinks to other web sites that are not owned or controlled by DEL. DEL has no control over and assumes no responsibility for, the availability of or content, privacy policies, or practices of any third party websites.
13.3 You acknowledge and agree that DEL is not liable for any loss or damage which may be incurred by you as a result of the availability of external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
If you have registered a dplay Account, we will send you information relating to your use of the Service (and if applicable your dplay Account) (e.g. changes in password, confirmation messages, content and feature updates and other service or transactional messages) by in-Service message or email to the email address provided during sign up. If you signed up via a third party, for example via one of our partners or using your account details with a platform, then we may obtain your email from that third party or platform so that we can keep you up to date with service-related messages.
15. Transfer of rights
To the extent we fail to or decide not to exercise any right of claim against you to which we are entitled, this will not constitute a waiver of that right unless otherwise indicated to you in writing.
18. Governing law
If you have any complaint please speak to us first, by contacting us using the details below. In addition, where required by applicable law, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution ("ODR") platform available at https://ec.europa.eu/consumers/odr. We do not currently use alternative dispute resolution ("ADR"), including through the ODR platform, as a means of settling consumer complaints.
20. Contacting us
20.1 You can contact us using the details in our Frequently Asked Questions.