Terms of Service
Definitions:
"You" means you the "User".
"We" or "Our" means When Away (whenaway.co.uk), its owners, employees, agents, and any others involved with When Away.
1. Entry into this agreement
1.1 You must be a minimum of 18 years old to use When Away services.
2. Our Obligations
2.1 We are obliged to take all reasonable measures to provide services to you with minimum downtime.
2.2 The information you provide when you purchase, connect and use the service is only accessible to employees of When Away. Any financial information you give to Stripe will not be shared with us and as such we have no involvement in your financial information whatsoever. Your personal information may only be used by us to provide our services to you. We respect your privacy and will not share your details with any third parties, except in the following situations:
2.3 At the request of law enforcement agencies in compliance with all procedures established by the law.
2.4 The user has violated the rules for the use of the service.
3. Marketing Communications
3.1 From time to time we may send you newsletters and/or details of our promotions to the email address you used to sign up to the service via Stripe. You can unsubscribe at anytime.
4. How The Service Is Provided
4.1 You will be responsible for all the activities involving your account. You must respect the laws of your country. You agree not to share your account with others. You can use your account on as many devices as you like, but you can have only one connection at a time for your account. Simultaneous connections for the same account from different devices are not allowed.
4.2 You agree that you will not run any resource intensive programs that will interfere in the usage of our services by our users. You agree that you will not over use the bandwidth of our servers.
4.3 You agree that our services offered to you are provided on an "as is" basis, with no warranties whatsoever. We are not liable for any direct, indirect, consequential, inconveniences, or damages whatsoever, or loss of profit (realised or unrealised) that may arise from the use of our services.
4.4 We cannot and do not guarantee the speed of our services. We also cannot and do not guarantee that you will have uninterrupted services. We have no control and cannot guarantee how the internet will perform in your area.
4.5 Log files stored on our servers are only used for monitoring server performance, identifying software bugs, identifying any potential security breaches, and for the purpose of identifying abusive users. The log files are not used for monitoring or censoring your internet activities. We respect your privacy.
5. Your Obligations
5.1 You will not pay for the service using a stolen credit/debit card.
5.2 You will not use our services to hack or attack other computers, servers, or networks on the internet nor will you hack our servers and resources.
5.3 You will not use our services to scan (e.g. port scanning, running proxy hunters) or break into other computers, servers, or networks on the internet.
5.4 You will not use our services to transmit viruses/trojans/worms, etc. to other computers on the internet.
5.5 You will not use our services to access, participate or download files from torrent or P2P file sharing sites.
5.6 You will not use our services for receiving and the distribution of pirated copyright materials, such as, but not limited to Pirated DVDs, Pirated CDs, and Pirated Software. This includes, but not limited to the following: The trading, selling, bartering, sharing, transmitting or receiving, of such materials.
5.7 You will not use our services to send out unsolicited or fraudulent materials. This includes, but not limited to the following: Sending unsolicited emails (i.e. SPAM mail), mass-marketing mails (even they are for an opt-in list), hate mail, unsolicited instant messages, unsolicited SMS, or identity theft or scam related materials, etc.
5.8 You will not use our services to engage in child pornography activities of any sort. This includes, but not limited to trading, bartering, selling, transmitting child pornography to others, or receiving the materials from others, etc.
5.9 You will not promote or encourage criminal or terrorist activities of any sort.
5.10 You will not use our services to threaten or harass others.
5.11 You will not use our services for any type of criminal activities.
6. Cancellation, Refunds and Money back Guarantee
6.1 We reserve the right terminate your account without refund or prior notice if we receive any complaints about your activities from other users, servers, companies or internet service providers.
6.2 You may cancel your subscription at any time. Your account will deactivated on the day your next subscription fee would have been due.
6.3 Refunds are strictly limited to one subscription fee prior to contacting us for such a refund and will be reviewed on a case by case bases.
6.4 We are unable to grant any refunds in event of unforeseen technical changes by content providers and/or supported devices that inhibit or block access when using the When Away service.
6.5 To qualify for a refund under our money back guarantee you must contact us within 72 hours from signing up to notify us of your request and you must also have given our support team a chance to resolve any issues prior to us granting the refund. If the issue/s cannot be resolved by our support team you will then be refunded.
6.6 If you violate any of our terms that involve criminal activities, you will forfeit all the privacy and confidentiality privileges that our service provides.
7. Misc.
7.1 You acknowledge that in order to watch BBC channels online a TV license is still required.
8. Amendments
8.1 We reserve the right to make amendments or modifications to our Terms of Service from time to time. This will become binding and it will be your responsibility to periodically check for updates on the When Away website.
9. Contacting Us
9.1 You can contact When Away by contacting us from our website or from your my.whenaway
10. Governing Law
10.1 This agreement and the terms shall be governed by and subject to the laws of England and Wales and all disputes which may arise out of or in connection with this agreement or the terms shall be subject to the exclusive jurisdiction of the courts of England.
