• Terms & Conditions

Terms & Conditions


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN SECTION 9 BELOW.

1. Your Relationship With Watch. Networkonair.com

A)  Welcome to watch.networkonair.com. These Terms and Conditions (“Terms”) together with our privacy policy (“Privacy Policy”) available here LINK and our cookie policy ("Cookie Policy")  available here LINK are the terms on which you may use the website located at watch.networkonair.com (“Website”) and networkonair.com other online video services and applications, which include access to feature films and documentaries, short films, clips and other digital content. In these Terms, “you” means the individual using the networkonair.com streaming Services. “watch.networkonair.com” (a trading name of Network Distributing Limited, registered in England & Wales No. 1476436. Registered office: Unit 20, Berghem Mews, Blythe Road, London W14 0HN. VAT No. GB 286309380.). The Website and watch.networkonair.com other services and applications operated by or for watch.networkonair.com are referred together in these Terms as the “WNOA Services”.

B)  It is important that you read these Terms, the Privacy Policy and the Cookie Policy carefully before you use the WNOA Services or access Content (as defined below). These Terms together with the Privacy Policy and Cookie Policy form a legally binding agreement between you and WNOA in relation to your use of the WNOA Services. By using or accessing the WNOA Services you agree to be legally bound by these Terms and the Privacy Policy. If you do not agree to any of these Terms or the Privacy Policy, please do not use or cease to use the WNOA Services. You may not use the WNOA Services and may not accept the Terms if you are a person barred from receiving the WNOA Services under the laws of the United Kingdom or the Republic of Ireland or other applicable laws. Furthermore you may not use the WNOA Services and may not accept the Terms unless you are 18 years of age or over.

C)  When you use the WNOA Services, you may have access to services provided by Network Distributing and companies outside Network Distributing (“Third Party Services”). WNOA is not responsible for Third Party Services and your use of Third Party Services shall be governed by the applicable terms and conditions of such Third Party Services.

D)  WNOA reserves the right to change these Terms at any time without prior notice and such change will be effective from the time of posting the revised terms and conditions of service on the Website. Please look at the bottom of this page to see when these Terms were last updated. Every time you purchase access to Content from WNOA, the Terms in force at the time of your order will apply to the contract between you and WNOA. It is important that you are familiar with the most up-to-date Terms. You must stop using the WNOA Services if you do not agree with any changes to the Terms.

E)  Access to parts or all of the WNOA Services and Website may be restricted from time to time to allow for repairs, maintenance or updating. WNOA reserves the right to withdraw, take down or amend all or any part of the WNOA Services, Website and/or Content at any time. WNOA reserves the right to change, modify, suspend or discontinue the WNOA Services at any time.

2. The WNOA Services

A)  The WNOA Services include a secure cloud based high definition video on demand platform that offers video on demand services by a “per individual buy” basis to customers in the Territory (as defined below). The WNOA Services are available to Internet-connected devices via a web browser. The WNOA Services are provided on a temporary rental basis for a limited period of time and you may not download, stream rip or otherwise copy any of the materials provided through the WNOA Services. The WNOA Services allow you to access and view digitized versions of feature films, television programmes, documentaries and other digital content (collectively “Content”) by streaming a copy to a Device (as defined below).

B)  WNOA may also offer via the Website certain interactive functionality, including user ratings and comments (“Interactive Services”). Interactive Services may allow you to post your own content in connection with your use of the WNOA Services  (“User Content”). By posting such User Content, you agree that it is not and cannot be considered as confidential or private. You are solely responsible and liable for the content, accuracy, completeness and legality of User Content. In particular, you must ensure that you have the legal right under all applicable laws to post any User Content on or through the Interactive Services or the Website or in connection with the use of any WNOA Services, or transmit to or share such User Content with other users. This means you must either be the sole owner of all the intellectual property and other rights in such User Content or have the prior written agreement of any third-party owner of such rights to make use of the User Content in question for the purposes set out in these Terms. You warrant and undertake to us that: (a) you have the absolute unfettered right and title to post any User Content and to grant to WNOA the rights and licences in respect of such User Content specified in the Terms; (b) all User Content shall be lawful and shall comply with our standards (such as acceptable use policies) contained in the Terms or otherwise specified on the Website; (c) no User Content does or will violate or infringe any third-party rights (including copyright, trade marks, rights of privacy or publicity or any other proprietary or personal rights) or contain defamatory or otherwise unlawful material. You grant WNOA the worldwide, payment-free and transferable right and licence (with the right to grant sub-licences) to use, reproduce, publicly display, edit, modify, translate, disclose, communicate, broadcast, distribute and format in any manner we choose all or any part of any User Content via the Website and within the scope of the WNOA Services. This grant of rights is for the full legal term of protection of such rights. To the fullest extent permitted by law, you further irrevocably waive, and agree not to assert against WNOA or its affiliates or sub-licensees, any so-called "moral rights" that you may have in any User Content. You acknowledge that User Content (whether posted by you or others) does not represent WNOA’s views. Any comments, views and opinions made in relation to such curated Content are not the views of WNOA. Inclusion of such curated content and any related materials including without limitation commentaries, views and opinions on the Website and/or WNOA Services does not imply any endorsement of such the material or any of the views, opinions and comments contained therein and WNOA shall not be responsible for such Content. 

C)  You accept that WNOA is entitled (but may not be obliged) to review the Website and, without prior notice to you, to delete or remove from the Website any User Content in WNOA’s reasonable discretion, including User Content that, in WNOA’s reasonable judgement, violates the Site Terms, or might be offensive or illegal, or might violate the rights (or harm or threaten the safety) of Website users or others. While WNOA reserves the right to moderate the use of any WNOA Services, WNOA may not be under any obligation to oversee, monitor or moderate any Interactive Service that WNOA provides on the Website, nor to pre-screen or approve any User Content that may be posted to the Website or on any Interactive Service.

 

3. How to Use the WNOA Services

A)  Registration: 

To use certain features of the WNOA Services you will first have to register for a personal WNOA account via the Website. To do so you will be required to select a password and provide other information that WNOA requests on the registration form, such as full name, date of birth, email address and contact details. All data provided to WNOA will be treated in accordance with the Privacy Policy. Once you have created an account you will have to log in to your account each time before you can view Content on the WNOA Service, except for trailers (which can be viewed anytime on the Website). By registering you are confirming that you are 18 years of age or older. 

You agree: to keep your password and your username secure and confidential and not to allow anyone else to use your user name address or your password to access the Website or the WNOA Services especially anyone under the age of 18 years old; to refrain from doing anything which would assist anyone who is not a registered user to access any secure area of the Website or the WNOA Services; and to refrain from creating additional registration accounts for the purpose of abusing the functionality of the Website and the WNOA Services or to seek to pass yourself off as another user. WNOA cannot check the identities of people using the WNOA Services with your password or user name. WNOA will not be responsible for any losses suffered by you where your login name or password is used by someone else to access the WNOA Service unless due to WNOA’s negligence. You agree to notify WNOA immediately if you become aware of or suspect any unauthorised use of your password or user name. You are solely responsible for any activities that occur in relation to your registered account with WNOA. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR ALL USE OF, AND ALL ACTIVITY CARRIED OUT UNDER YOUR ACCOUNT (WHETHER BY YOURSELF OR BY A THIRD PARTY WHO HAS BECOME AWARE OF YOUR USER NAME AND PASSWORD THROUGH YOUR DELIBERATE ACT OR NEGLIGENCE). 

In order to pay for any content : 

i. Either use your credit or debit payment card or PAYPAL for each single payment. Card details will not be stored by WNOA; WNOA do not store any financial information. All transactions are made on our behalf by Stripe, compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS). For debit card payments, the following cards are accepted: American Express, Maestro, Mastercard and VISA. 

You shall ensure that the information provided by you at registration shall be accurate and current. You can change this information at any time via the Website. 

If you want to terminate your registration and wish to have your data deleted please contact WNOA via the HELP page and make the request. WNOA will delete your registration details and other data within 7 days.. 

Your registration details shall be protected by encrypted software.

B)  Age Restriction: You must be aged 18 or over to use the WNOA Services.

C)  Viewing Period: When you rent Content you are permitted access during the 2 days hour period from the time the contract for the purchase of such Content is formed in accordance with section 3.L (“Viewing Period”).

D) Viewing Period: When you buy Content you are permitted unlimited 'fair use' access during the lifespan and availability of the item on WNOA. 

E)  Territory: The WNOA Service is only available to customers who have an address located in the United Kingdom, The Republic of Ireland, the Channel Islands, the Isle of Man, Gibraltar and St Helena and including all their respective territories (“Territory”) and with a debit or credit card registered at that address. You may not stream or attempt to stream any content from anywhere outside the Territory or to use any technology to obscure or disguise your location. You acknowledge that WNOA may use technologies to verify your location.

F)  Usage Rules: 

i. You may access the WNOA Services and the Website only via authorised devices, which may include a computer entertainment system, a personal computer, a mobile tablet, an internet enabled television, home video equipment or another authorised device capable of receiving the WNOA Services (each a “Device”). Content providers may stipulate restrictions relating to the number and type of Devices which may access particular content. WNOA will use its reasonable endeavours to inform you of any such restrictions. WNOA Services are presently only available on select Android Devices due to security issues.

ii. The WNOA Services are currently available on a number of platforms such as Chromecast and Apple TV. Therefore your access to the WNOA Services may require you to use another service, electronic guide, platform, portal or network gateway integrated with or used by your Device, which may be operated by a third party. Where this is the case, access to such services will be subject to terms and conditions imposed by the third party. You should read and understand the terms and conditions of such third party before you access those services, which are not the responsibility of WNOA. If you encounter any difficulties using those services or have any complaints then you should contact the third party provider.

iii. It is your responsibility to ensure that you are able to comply with the minimum system requirements set out at section 3.G below. To the extent permitted by law, WNOA accepts no responsibility for any lack of functionality and/or failure to provide any of the WNOA Services that is due to your equipment not complying with the minimum system requirements.

iv. WNOA does not guarantee that the WNOA Services, the Website or any of the Content is virus free. WNOA recommends that you install virus protection or similar protective software on your Devices.

v. You are responsible for making all arrangements necessary for you to have access to the WNOA Service or the Website and for all connection and other charges incurred in visiting and accessing the WNOA Services or the Website.

vi. Subject to your payment of any applicable fees (including relevant taxes) for access to Content and your compliance with these Terms, WNOA grants you a non-exclusive, non-transferable, non-sub-licensable, limited license during the applicable Viewing Period to access and view the Content for Personal, Non-Commercial Use only (“Limited License”) by streaming the Content to the Devices as set out in section 4.F below. As used in these Terms, “Personal, Non-Commercial Use” means the viewing of such Content where no fee or other payment or consideration of any kind (other than the initial payment you make to access the Content) is charged or received, which takes place in your private home or, if outside your private home (for example in an office, hotel, airplane, airport) is limited to private viewing by yourself and specifically excludes any public presentation even if no payment is charged. Except for the Limited License described above you may not, without limitation, copy, reproduce, republish, transmit, retransmit, post, edit, modify, record, commercially exploit, broadcast, download, communicate to the public or distribute in any manner the WNOA Services, the Content, the Website or its webpages or materials or the computer codes of elements comprising the WNOA Services.

vii. You understand and agree that any and all content on the WNOA Services, including without limitation the Content, text, photos, scripts, artwork, images, sounds, music, trailers, data and metadata, interactive features and other copyrightable materials and the like and the trademarks, service marks and logos contained therein (“Protected Content”) are owned or controlled by WNOA or licensed to WNOA by content providers who own such Protected Content and are protected by the laws of England and Wales and of other applicable jurisdictions. Nothing in these Terms or your usage of the WNOA Services entitles you to any rights in any of the Protected Content on the WNOA Services.

viii. Any use other than that allowed under section 3.E. (vi) is strictly prohibited and no other use by you may be undertaken without WNOA’s prior written authorisation.

G)  Number of Devices: You may access Content on up to 5 different Devices owned by yourself. WNOA reserves the right to change the number of Devices you can access the Content on at its sole discretion.

H)  Minimum system requirements: In order to access Content, your Device will need to comply with the following minimum system requirements:

  • Browsers

  • Internet Explorer 11 and Windows 8.1

  • Edge and Internet Explorer 11 on Windows 10

  • Safari (from version 10 onwards) on Mac OS X 10.12 and above (Sierra)

  • Mozilla Firefox (version 75 onwards)

  • Google Chrome (version 81 onwards)

  • Platforms

  • Windows Vista and above

  • OS X 10.5.7 and above

  • Apple iOS 10 and above

  • Apple TV - tvOS 10 or above

  • Google Chromecast compatible

 

I)  Suspending/Deleting your account: WNOA reserves the right to suspend, restrict or terminate your access to the WNOA Services and/or Content anytime without notice if WNOA has reasonable grounds to believe that you have breached any of these Terms. This shall not limit WNOA’s right to take any other actions against you that WNOA considers appropriate to defend its rights or those of other persons. 

WNOA may terminate your registration and account at its sole discretion. WNOA will notify you at the email address you gave upon registration if it does so.

J)  Security: The Content is protected by Digital Rights Management security. You agree not to attempt to circumvent any such security measures implemented by WNOA in respect of the Content.

K)  Advertising: WNOA may include such advertising, promotions, promotional bannering on the Website and as part of the WNOA Services as it shall determine in its sole discretion.

L)  Placing an order: To purchase certain Content on the WNOA Services, you must place an order by hitting the “Stream Film” icon, there are two options to choose from, Rent/Streaming and Buy/Streaming. These will take you to the order confirmation screen. When you select the debit/credit card, Paypal option you will be required to input the payment details. It is your responsibility to ensure that you have checked the details of your order carefully before confirming your order. Your order constitutes an offer to us to purchase access to Content, and we may or may not accept your order at our discretion. Where we accept your order, we shall notify you of our acceptance by transferring you to our order acceptance screen ("Order Confirmation"). The order will only be accepted (and the resulting contract between you and us will only be formed) when we transfer you to the Order Confirmation Screen. A summary of the information contained in the Order Confirmation Screen will also be emailed to you at the email address you gave upon registration. Contracts may only be concluded in English.

M)  Technical Issues: If you experience any technical problems in using the WNOA Services please contact our customer service team via: Contact us link at the homepage’s Help link.

4. Customer Restrictions

You agree that you will not assist any third party to or attempt to: 

A)  Copy, sell, rent, lease, re-distribute, broadcast, sublicense, transfer, reproduce, transmit, modify, alter, emulate or assign any right to the Content or the Website in any way edit, modify translate or create derivative works or adaptations of the Content;

B)  Remove any proprietary notices or labels on the Content or Website:

C)  Disable, bypass, remove, change, modify, deactivate, impair or otherwise circumvent any safeguards, encryption, security measures, copy protection technology or other digital rights management system in which any of the Content is protected or which is otherwise incorporated on the Website, in the WNOA Services, Devices or Content;

D)  use the Content, the WNOA Services and/or Website for any illegal or commercial purposes;

E)  Duplicate or otherwise reproduce any content (including without limitation the Content) contained on the WNOA Services or Website in any physical form or medium or memory or device now known or hereafter devised;

F)  Damage, hack, crack, copy, reverse-engineer reproduce, decompile, disassemble or otherwise interfere with the Website, WNOA Services or Content.

If you in any way fail to comply with the above restrictions, you agree to pay all damages incurred by WNOA. WNOA will cooperate with the authorities in prosecuting you if you breach these restrictions or otherwise attempt to defraud WNOA or any other parties through your use of the Website, WNOA Services or the Content. WNOA reserves the right to take any action WNOA may deem appropriate in its sole discretion with respect to violations or enforcement of the Terms and WNOA expressly reserves all rights and remedies available to WNOA at law or in equity. 

5. Content Availability

A)  WNOA reserves the right to change the WNOA Services, the Website and the content of the Website including without limitation the Content from time to time as it shall determine. WNOA makes no guarantees that any particular item of Content will be available for any period of time.

B)  From time-to-time there will be curated content as part of the WNOA Services. Any comments, views and opinions made in relation to such curated Content are not necessarily the views of WNOA. Inclusion of such curated content and any related materials including without limitation commentaries, views and opinions on the Website and/or WNOA Services does not imply any endorsement of such the material or any of the views, opinions and comments contained therein and WNOA shall in no way be responsible for such Content.

6. Payment

A)  General: All prices are inclusive of any applicable taxes (including VAT). Payments in relation to the WNOA Services must be made via debit and credit card or Paypal payments 

B)  Voucher / Discount to purchase price: WNOA, in its sole discretion, may from time to time offer vouchers for reductions in the price of accessing Content on the WNOA Services or the opportunity to watch a specific film for no charge. Details of and conditions on how to redeem such vouchers will be provided at the relevant time (e.g. may be time limited, quantity limited etc).

C)  Cancellation and Refunds: You may cancel your purchase of the WNOA Services if made in error at any time up to the expiry of 48 hours after the day on which the contract was formed in accordance with section 3.K above. To cancel a purchase, you just need to let WNOA know that you have made a purchase in error. By writing an e-mail to WNOA via our Help page. Your cancellation is effective from the date you send WNOA the e-mail to WNOA. For example, you will have given WNOA notice in time as long as you e-mail WNOA before midnight on that day. Where you have exercised your right to cancel in accordance with this section 6.C, If you used vouchers to pay for the WNOA Services we may refund you in vouchers. Please note that your right to cancel shall not apply in the event that you have already commenced streaming of the applicable Content.

7. SATISFACTORY QUALITY / Technical Issues / Complaints

A)  As a consumer, you have legal rights in relation to the provision of Content which is (a) not of satisfactory quality, not fit for the purpose of watching or not as described. However, by purchasing from WNOA you understand and agree that the archive nature of the Content means that quality will vary substantially depending on the Content’s year of production and the material from which it was sourced. These variations in quality are not grounds for a replacement of the Content or a reduction in the price you paid. If you experience any of the above when using the WNOA Services, please contact our customer service team via the Help link on our website.  Our email support team will ask you to provide certain of your details to verify the information on your account and identify the issue.  You may be entitled to a replacement of the Content or a reduction of the full amount of the price you paid.  WNOA will pay all price reduction within fourteen (14) days of agreeing to do so, via the same payment method unless otherwise agreed. 

B)These legal rights are not affected by your right of return and refund in section 6.C above or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

C) If it can be ascertained that the Content caused damage to other digital content or your device, WNOA will repair the damage at its cost within reasonable time and without significant inconvenience or compensate with an appropriate payment. 

D)  If you have any complaints, please contact us via the Help link on the website, we will respond to a complaint within ten (10) working days and give a substantive response within twenty (20) working days.  

8. Links To networkonair.com online store and Other Websites

The Website or WNOA Services display and/or may provide links to other websites from time to time. You agree that these links are only being provided for your convenience only. WNOA has no control over any third party websites and is not responsible for the content of such websites. Inclusion of links on the Website does not imply any endorsement of such website or the material contained therein or any association with their operators and WNOA shall in no way be responsible for the content of such websites. WNOA is not responsible for the availability of such websites. You agree that WNOA will not be liable to you in respect of any aspect of your accessing such websites and/or any loss or damage which you may suffer by using those websites. If you decide to access linked websites, you do so at your own risk. Without limitation WNOA will not be liable in respect of any information on any such websites or any purchases, transactions or agreements you may enter into on such websites. You agree that you will not involve WNOA in any complaint or dispute between the third party responsible for the relevant website and yourself. 

9. General

Limitation of Liability. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract. You agree not to use the Content for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Nothing in these Terms shall operate to limit or exclude liability for death or personal injury caused by negligence of WNOA, or WNOA’s fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law. 

Indemnity. You agree to indemnify WNOA for any loss or damage that may be incurred by WNOA, including without limitation legal fees, arising from your use of the Content, Website or WNOA Services or your use of any information obtained through the Website otherwise than as permitted by these Terms. 

Events beyond WNOA’s control. WNOA will not be liable or responsible for any failure to perform, or delay in performance of, any of WNOA’s obligations under any contract with you that is caused by any event, act, omission or circumstance beyond WNOA’s reasonable control ("Force Majeure Event"). A Force Majeure Event includes any strike, lock-out or other industrial action (other than by WNOA staff), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks (including the world wide web) and the acts, decrees, legislation, regulations or restrictions of any government). WNOA’s performance of any contract with you is deemed to be suspended for the period that the Force Majeure Event continues, and WNOA shall have an extension of time for performance for the duration of that period. WNOA shall use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which WNOA’s obligations under the contract may be performed despite the Force Majeure Event. If WNOA is prevented from, or delayed in, performance of any contract with you by any Force Majeure Event for a continuous period of more than 30 days, either party may terminate such contract with immediate effect on written notice, in which case neither party shall have any liability to the other party (but without affecting any rights and remedies that arose before such termination). 

 

Severability. If any part, term, or provision of these Terms shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect. 

Assignability. You may not assign, sub-license or otherwise dispose of any of your rights under these Terms. Without limiting the foregoing, any contract formed in accordance with section 3.K is binding on you and WNOA and on WNOA’s respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of any contract with WNOA (or any of your rights or obligations under it) without WNOA’s prior written consent. 

Third-party rights. These Terms are not intended to confer, and do not confer, any rights or remedies on any person other than the parties to these Terms, except that any Curzon group company may enforce any right or remedy expressly conferred on such Curzon group company under these Terms. 

Law and Jurisdiction. These Terms shall be governed by and will be construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English Courts. 

 

Contacting WNOA: If you believe that you are the owner of the copyright or other rights in any material(s) appearing on the Website or part of WNOA Services, or if you have any other problem or complaint about WNOA Services or posted materials, please contact us via the Help link on our website.

 

These Terms were last updated on 13th October 2020.

 

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