These Terms and Conditions shall apply to all relationships between the Client (“You”, “Your”, “The User”) and White Villa Films Limited (“We”, “Us”, “Our”) related to the Client’s use of the VOD Platform.

By ticking the relevant box on the VOD Platform upon paying for the Content, You agree to the application and content of these Terms and Conditions and to the processing of Your personal data in accordance with the Privacy Policy.

By accepting these Terms and Conditions You warrant that You are at least 18 years of age and that no restrictions or limitations apply to You for concluding legally binding Sales Contracts on the VOD Platform.

These Terms and Conditions are subject to change from time to time, without prior written notice, taking effect upon making the changes available on the VOD Platform.

Please read these Terms and Conditions carefully before placing each Order to understand Your rights, obligations and legal remedies available to You. Should You not agree to these Terms and Conditions, do not place any Orders.

1. DEFINITIONS

In this Agreement the following expressions have the following meanings:

“Content” means any films, live events and/or other content made available on the VOD Platform;

“Fee” means the fee payable by You to White Villa Films Limited under the Sales Contract (if applicable);

“Order” means the declaration of intent by You to purchase the right to view the selected Content on the VOD Platform in accordance with these Terms and Conditions;

“Order Confirmation” means the confirmation of an Order by Us either in the form of (i) an e-mail sent to Your disclosed e-mail address, or (ii) a successful Order message displayed on the screen;

“Sales Contract” means the contract concluded between the You and Us in accordance with these Terms and Conditions for receiving the right to review the Content on the VOD Platform by way of TVOD;

“TVOD” means transactional video on demand, referring to the paid exploitation of content for temporary use by You by way of streaming;

“VOD Platform” means the video on demand platform operated by Us, which enables to make the Content available to You by way of providing TVOD services;

2. LEGAL FRAMEWORK

2.1 We, acting as the distributor of the Content, offer You the possibility to select, order, pay for and view from your personal devices different Content as may be made available on the VOD Platform. The Content is made available as a TVOD service, i.e. streaming of the selected Content on the VOD Platform for a limited period of time against payment of the Fee or (if applicable) free of charge.

2.2 A Sales Contract for obtaining the limited right to stream the selected Content on the VOD Platform shall be deemed concluded between Us and You from the moment You receive the Order Confirmation on the terms and conditions set out in these Terms and Conditions.

  • We may use services of third parties for operating the VOD Platform and collecting payments from You.

3. PLACEMENT OF ORDERS

3.1 On the VOD Platform You may place an Order for the limited right to stream the selected Content on the VOD Platform. Upon placement of the Order You will be prompted with the request to pay the Fee for the Content. After payment of the applicable Fee, We shall send or display an Order Confirmation to You along with a link to watch the purchased Content. The Content shall be made available to You for a limited period of 1 year from receiving the Order Confirmation. The purchased Content can be accessed as often as desired from any suitable device(s) of Yours. After expiry of either of the deadlines, the Content will no longer be available to You on the VOD Platform.

3.2 All Orders are non-refundable and non-returnable as access to the Content is provided instantly on payment of the Fee. If You are unsure of what You are purchasing or how the VOD Platform works then get in touch with Us for support at hello@whitevillaweddings.co.uk

4. USE OF THE VOD PLATFORM

4.1 You can use the Content solely for personal and non-commercial use and only for the purpose of immediate perception via the VOD Platform, i.e. without intermediate storage of the Content on the end device of Yours.

4.2 You may not use the VOD Platform for any other purpose than provided in Section 4.1, nor for any other purpose contrary to the applicable law. You may not misuse the VOD Platform or the Content, which includes inter alia that You may not:

4.2.1 download, copy or otherwise save the Content for offline viewing;

4.2.2 rent, resell, distribute or otherwise offer the Content provided through the VOD Platform to third parties or make it publicly accessible (either by live broadcast or by reproducing it);

4.2.3 attempt to impersonate another user or use the account of another user without such user’s prior consent;

4.2.4 manipulate the digital key transmitted to decrypt and play the Content; 4.2.5 decompile, reverse engineer or disassemble any software or other items or processes accessible through the VOD Platform;

4.2.6 use any data mining, data gathering or extraction method on the VOD Platform;

4.2.7 circumvent the territorial limitation of use (in particular by geo-blocking) of the content made available (e.g. circumvention by means of VPN client or tunnel);

4.2.8 change any copyright and property right notices;

4.2.9 violate any laws, third party rights (including copyright or other intellectual property rights), or the policies of Ours (including these Terms and Conditions); 4.2.10 make available to persons below a certain age such Content that is restricted for persons below such age, and shall not make available to persons below the age of 18 years Content that is marked as “Not Rated” or “Unrated”.

4.3 To use the VOD Platform, Your require an internet connection and an internet-capable end device (e.g. PC, Mac, smartphone, tablet). You are responsible for the procurement, use and compatibility of the required hardware and software of such device with the VOD Platform.

4.4 You shall ensure that the device fulfils the technical system requirements, in particular for high-resolution display and for streaming the Content. The display quality of the Content may differ from device to device and depend on various hardware and software factors such as the up-to-dateness of the operating system and the browser, the location, the available bandwidth and/or the speed of Your internet connection.

4.5 The use of the VOD Platform may lead to further costs for You, especially with time or volume tariffs. For the reception of standard definition (SD) content, a broadband internet connection with an (actual) download speed of at least 2 Mbits/s is recommended. For the reception of high-definition (HD) content, an (actual) download speed of at least 5.0 Mbits/s is recommended. Bandwidths below this recommendation only allow limited use of the VOD Platform with considerable loss of quality.

4.6 If access data (in particular passwords) are available, You shall not pass them on to third parties and shall keep them protected from access by third parties. If there is reason to suspect that third parties have gained knowledge of access data or have otherwise gained access to Your account or payment card, You shall inform Us immediately and change the access data without delay and/or block Your payment card.

5. PAYMENT

5.1 You undertake to pay the applicable Fee for the Content in the amount indicated on the VOD Platform. The amount of the Fee is inclusive of the applicable value added tax, sales tax or similar tax.

5.2 All payments are processed from Your payment card or other payment method made available to You on the VOD Platform. Payments are collected by a third party appointed by Us and processed through third-party payment processors. Upon confirming the Order, You authorise the payment with Your payment card or other eligible payment method in the amount of the Fee, and the respective amount will be reserved or debited from Your payment card. If payment of the Fee is declined, due to expiration, insufficient funds, or otherwise, no Sales Contract will be concluded, and You will not be granted the right to view the selected Content. If any errors should occur with collecting the Fee from Your payment card at any later point in time, You remain responsible for any uncollected amounts of the Fee.

5.3 The payment obligation by You is deemed completed, if the full amount of the Fee is deducted or irrevocably made available to Us or an authorized third party introduced by Us, who may be acting as a payment agent for Us. If the Fee cannot be deducted from Your payment card, the Order will not be completed.

5.4 We have the right to unilaterally amend the Fee applicable to the Content at any time in its sole and absolute discretion, by making the updated Fees available on the VOD Platform.

5.5 No refunds can be given once the Fee has been paid.

6. PROMOTIONS AND ADVERTISING

6.1 We may, in Our sole discretion, offer from time-to-time voucher codes for reductions in the amount of Fee or the opportunity to watch certain Content for no or reduced charge. Details of how to redeem such vouchers and the terms and conditions for using them will be provided at the relevant time (e.g. time limit, quantity limit etc). Unless explicitly stated otherwise, any promotion code or offer provided on the VOD Platform cannot be combined or used in conjunction with any other promotion code or offer, past or present.

6.2 We reserve the right to display advertising, promotional banners, offers or links to third party content or services on any part of the VOD Platform at its sole discretion. If applicable, Your eligibility to make use of certain advertising or promotional offers shall be determined by Us in Our sole discretion. We may offer promotions in conjunction with third parties, which may require, if You would like to participate, that We share Your personal information with such third parties. Please note that such third parties are responsible for their own privacy practices.

7. TERRITORIAL LIMITATIONS

7.1 The preservation of the territorial limitation of the use of the provided Content is technically guaranteed by geo-blocking in compliance with the legal requirements (in particular also in compliance with the Regulation (EU) 2017/1128 on cross-border portability of online content services in the internal market). We are entitled to obtain the information required to determine the Member State of residence of the respective User in accordance with the Regulation (EU) 2017/1128 or to carry out the measures required for this purpose, if applicable.

7.2 If the User does not provide the information required and requested to establish the Member State of residence in accordance with the Regulation (EU) 2017/1128, or does not provide it completely or truthfully, or fails to provide any other cooperation required in this context, with the result that the User’s Member State of residence cannot be established, the User shall not be entitled to use the content on a cross-border basis within the meaning of that Regulation (EU) 2017/1128.

7.3 The right of use granted to the end-user shall be geographically limited to the respective current location of the User, while ensuring the cross-border portability of online content services in the European internal market in the event of temporary stays of the User in another Member State of the European Union.

8. INTELLECTUAL PROPERTY RIGHTS, DATA PROCESSING

8.1 Upon conclusion of the Sales Contract You are only granted a non-exclusive, non-transferable, non-sublicensable right, limited in time to the periods listed under Section 3.3, to stream the Content in the User’s device for private purposes. No further rights of use, title or interest are granted to the User. In particular, the User is not entitled to permanently store the Content in whole or in part, to reproduce it beyond the aforementioned scope, to edit it or to use it for Your own commercial purposes. If the User has purchased a Digital Download option then the User is granted a non-exclusive, non-transferable, non-sublicensable right to use the Content for private purposes only and may store the Content on their personal devices.

8.2 All intellectual property rights regarding the software, documentation or information used or developed by or on behalf of Us during the performance of the Sales Contract belong to Us (or to a third party service provider of Us). The User shall not copy, modify, adapt, reverse-engineer, decompile or otherwise discover the source code of the VOD Platform or any other software used by Us or extract or use any data on the VOD Platform for commercial purposes or any other purpose than allowed under these Terms and Conditions.

8.3 The principles of processing Your personal data are set out in the Privacy Policy available on the VOD Platform.

8.4 Cookie policies of third parties may apply, if the User reaches the VOD Platform through a third party operated website, and We shall not bear any liability for the existence or content of such third party cookie policies.

9. LIABILITY

9.1 We endeavour to ensure the permanent and continuous availability and fault-free functionality of the VOD Platform. Nevertheless, the VOD Platform is provided to You on an “as is” basis. We will not be liable for any interruptions, connection errors, unavailability of or faults in the VOD Platform, whether or not caused by any act, omission or circumstance beyond Our control (Force Majeure), the failure to perform an obligation by any service provider or cooperation partner of Ours, or by any other reason.

9.2 We shall not bear any liability if Content, which is subject to age restrictions, is made available to persons below the said age, or if “Not Rated” or “Unrated” Content is made available to persons below the age of 18 years.

9.3 Notwithstanding anything to the contrary contained in this Section 9, Our liability to You will at all times be limited to the amount paid by You when placing the Order, except in the event of death or personal injury or a breach caused by Our gross negligence or intent, or any other liability that cannot be excluded or limited by applicable law.

10. TERMINATION AND SUSPENSION OF USE

10.1 We may restrict the accessibility and operation of the VOD Platform for technical reasons, if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions of the network, the software or stored data, the interoperability of the services or data protection so require. Maintenance work will be carried out on the VOD Platform where appropriate, and (if possible) such maintenance work will be carried out at times of low usage.

10.2 If You breach any obligations set out in these Terms and Conditions, You shall be liable (in addition to other legal remedies available to Us under these Terms and Conditions or applicable law) for all damages, costs and other expenses (including legal costs) and shall indemnify Us against any claims arising as a result thereof.

10.3 In the event of a breach of duty by You as well as in the event of justified suspicions of a breach of duty, we are entitled to withhold the respective service or the availability of the Content or functionality to which the breach relates within the scope of the statutory provisions and without any obligation of compensation to You. In the aforementioned cases, as well as in the event of suspicion of untrue or false information by the User or in the event of unauthorised disclosure of the access data, We or any third person appointed by Us is furthermore entitled to temporarily block access to the VOD Platform and/or to certain Content by the User.

10.4 Access to the VOD Platform and/or the User’s account will be immediately restored, if it turns out that the suspicions were unfounded and/or there is no or no longer a significant breach of duty by the User. In doing so, the User will be granted full right to use the VOD Platform in accordance with the Sales Contract. The right of Ours to terminate the Sales Contract for good cause remains unaffected.

11. FINAL PROVISIONS

11.1 We use reasonable efforts to include accurate and up-to-date information on the VOD Platform; however, We do not represent, warrant or promise (whether express or implied) that any information on the VOD Platform is or remains accurate, complete and up to date, or fit or suitable for any purpose. The Content and information on the VOD Platform is provided for Your general information purposes only. It does not constitute technical, financial, legal advice or any other type of advice and should not be relied on for any purposes. Any reliance You place on any of such information is at Your own risk, subject to any mandatory statutory requirement or Your statutory rights.

11.2 We may amend the Terms and Conditions from time to time without prior written notice to the Users, and such changes will apply to any Orders placed through the VOD Platform after the amended Terms and Conditions were posted thereto.

11.3 If the respective dispute resulting from these Terms and Conditions cannot be settled by negotiations, then the dispute will be resolved via ADR.

11.4 The use of the VOD Platform and all legal relations formed thereunder will be governed by the substantive law of England, unless the mandatory provisions applicable to consumers provide for a different governing law.

11.5 Should You need any assistance or more information on using the VOD Platform, please contact us at hello@whitevillaweddings.co.uk