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Terms and Conditions

HAYU TERMS AND CONDITIONS

1 - AGREEMENT

1.1. These terms and conditions (the " Terms") are the terms and conditions which govern your access and use of the website located at http://www.hayu.com (the " Website"), the hayu app (the " hayu Player"), and the subscription service we provide via Website and the hayu Player (together with the Website and the hayu Player, the " hayu Service").

1.2. By accessing and/or using the hayu Service you agree to be bound by these Terms, which form a binding contract between you and us. If you do not agree to any of these Terms, you should not access or use the hayu Service.

1.3. Programmes on the hayu Service are not suitable for children, and may include strong content which is rated 'adult only' or 'restricted access' in the Territory from which you are accessing the hayu Service (this may include high impact scenes which depict violence, nudity, strong language, drug use and scenes of a sexual nature). You must be at least the age of majority in your jurisdiction of residence to register for an account on the hayu Service.

1.4. You should keep a copy of these Terms for your future reference. We will not file a copy of these Terms in respect of our agreement with you.

1.5. These Terms are only available in the English language.

1.6. Please note that in order to subscribe to the hayu Service you must be a resident in a territory where the hayu Service is available (each a " Territory").

2 - GENERAL INFORMATION ABOUT US

2.1. The hayu Service is provided by Universal Pictures Subscription Television Limited a company registered in England and Wales under registration number 05942255 and our registered address is 1 Central St. Giles, St. Giles High Street, London WC2H 8NU (" we"/"us"/"our").

2.2. If you have any feedback, questions, complaints or comments about this Website, the hayu Player or the hayu Service or any requests for technical support regarding your use of the Website, the hayu Player and/or the hayu Service then please email us at support@hayu.com or visit https://support.hayu.com/ for more information.

2.3. Our VAT number is: GB 440 6274 67.

2.4. The hayu Service is regulated by the UK Office of Communications (Ofcom) under the Communications Act 2003 (as amended). You can learn more about the role of Ofcom here.

3 - THE HAYU SERVICE

3.1. In using the hayu Service, you will be entitled, subject to these Terms, to stream TV shows and other content made available by us via the Website and/or hayu Player (the " Programmes") on your PC, laptop, or any other authorised device capable of providing the hayu Player, which may include iPads, mobile devices and web-enabled devices (each a "Device"), provided that such Device meets the minimum system requirements referred to in Section 4 below. You will also be entitled to temporarily download most of the Programmes in your mobile devices.

3.2. You will be able to register up to five (5) Devices on your account and you will be able to stream the Programmes on one (1) Device at a time.

3.3. Provided that a Programme is available via the hayu Service, you will be able to view such Programme as often as you like for the duration of your subscription to the hayu Service.

3.4. We reserve the right to change, suspend, remove or disable access to any Programmes or other materials on the hayu Service, hayu Player and/or Website at any time without notice. This may be because we encounter issues with our legal right to distribute Programmes (for instance if our licence to do so ends) or if there are any regulatory or legal changes or legitimate business reasons to do so. In no event shall we be liable to you for the removal or disabling of such Programmes or other materials on the hayu Service, hayu Player and/or Website.

3.5. To maximise your enjoyment of the hayu Service, the Website and/or the hayu Player from time to time we will need to fix bugs, install updates and do general diagnosis and maintenance. We will try to do scheduled maintenance during periods where we anticipate there will be relatively low levels of online use. We will also need to be able to do emergency maintenance and/or suspend access to the hayu Service where, in our reasonable discretion, we see the need to do that. We will try to have the hayu Service, the Website and/or the hayu Player (as applicable) available again as soon as we believe it is safe to do so.

3.6. We do not guarantee that the Website, the hayu Player and/or the hayu Service, or any of the content on the Website, the hayu Player and/or the hayu Service, is virus free. We strongly recommend that you install virus protection software on your Device.

3.7. Please contact us at support@hayu.com should you have any problems accessing any of the Programmes available on either the Website or hayu Player.

3.8. Please note that the hayu Service is a streaming service although most of the Programmes are available for temporary download and offline viewing on your mobile device. You may not burn any of the Programmes onto a DVD, Blu-Ray disc or any other form of recordable device. Any burning or attempt to burn any of the Programmes shall be a serious breach of these Terms and we shall immediately terminate your subscription in accordance with Section 13.1 and you shall no longer be entitled to use the hayu Service.

4 - TECHNICAL REQUIREMENTS

4.1. To be able to use the hayu Service you will require an internet connection speed of at least 1Mb with a recommended speed of at least 3Mb.

4.2. It is your responsibility to ensure that you are able to comply with any technical requirements that must be met for you to be able successfully to access the Website and/or the hayu Player and/or to use the hayu Service. We accept no responsibility for any lack of functionality of the Website, the hayu Player and/or for any failure to provide the hayu Service that is due to your equipment (including, but not limited to, your computer, internet connection, operating system or settings and software).

4.3. We may, in our sole discretion, from time to time amend the technical requirements required to receive the hayu Service. It is your responsibility to ensure that your Device (as defined above) fulfils any minimum technical requirements set out on the Website or in these Terms.

4.4. Please note that we may make upgrades to the hayu Player from time to time. These upgrades may be needed to access Programmes or to take advantage of any new features of the hayu Service which we may make available. It is your responsibility to ensure that you have the latest version of the hayu Player installed on your Device.

4.5. You acknowledge that the availability of the Website, the hayu Player and/or the hayu Service may be affected by internet traffic congestion or by other network, ISP, electronic or other communication problems or failures and that we are not responsible for the failure of any Programme to stream or to continue streaming due to any such congestion, problem or failure.

4.6. It is your responsibility to pay for all costs and expenses (including, but not limited to, all telephone call or line charges, mobile, data, subscription, or other charges or internet service provider access or subscription charges) that you may incur connecting to the internet in order to use the Website, the hayu Player and/or the hayu Service.

5 - REGISTRATION, PASSWORDS AND SECURITY

5.1 Please note that in order to register an account you must have reached the age of majority in your jurisdiction of residence and are fully able and competent to enter into these Terms and abide by and comply with these Terms.

5.2 In order to use the hayu Service via the Website you will first need to register a personal account via the Website. You may register up to five (5) Devices on which you will be entitled to receive Programmes.

5.3 To register your account you will be required to provide your email address and a password and to enter other information that we may ask for on our registration form such as (but not limited to) your first and last name and billing information (" Registration"). You should ensure that the password you choose is unique to your use of the hayu Service and not the same password that you use for other services. Your personal information will be treated in accordance with our Privacy Policy.

5.4 We reserve the right to refuse to allow any user to register for the hayu Service for any reason.

5.5 We may offer different subscription types at our discretion and these will be offered and disclosed during your registration to the hayu Service on the hayu Website and or the hayu Player ("Subscription Type(s)"). All Subscription Types will be subject to these Terms, and the additional terms provided on the Website, hayu Player and/or any other communications. In the event of a conflict between these Terms and the terms containing the Subscription Type details, the Subscription Type terms will to that extent take precedence.

5.6 When we receive your Registration details and we accept your application to use the hayu Service, we will send you an email confirming your Registration details and the details of the Subscription Type you have chosen to subscribe to. Your use of the hayu Service will be deemed to have started when we send this confirmatory email.

5.6 You shall ensure that the details you provide at Registration are accurate and kept up to date. You can change the details you provide at Registration at any time via the Website or the hayu Player however you will not be able to change the details of any Promotional Code and such Promotional Code may only be used once. If you would like us to cancel your Registration with our hayu Service (which you may do so at any time) please see Section 12 below.

5.7 You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website, the hayu Player or the hayu Service and will not be responsible for losses suffered by you where your password or user name is used by someone else to access the Website, the hayu Player and/or the hayu Service unless this is due to our negligence. You agree to notify us immediately by email to support@hayu.com if you become aware of or suspect any unauthorised use of your password or user name.

5.8 You can access your account at any time on the Website. You can update your account should you wish to add or remove Devices or to update any of your personal details.

6 - YOUR PROMISES TO US

6.1 You confirm that:

(a) you are age of majority or over in your jurisdiction of residence and are fully able and competent to enter into these Terms, and abide by and comply with these Terms;

(b) all information and details provided by you to us (including on Registration) are true, accurate and up to date in all respects and at all times. You can update or correct your personal details at any time by amending your account details on the Website); and

(c) you will comply with the restrictions on your use of the Website, the hayu Player and the hayu Service as set out in these Terms.

6.2 You agree to compensate us against the reasonable costs we incur in defending claims or legal proceedings brought against us by any other person as a result of your breach of these Terms (and that may include money we pay to them to settle claims).

6.3 If we take legal action against you for any breach of these Terms and a court makes an award in our favour, you will be responsible for all costs allowable by the courts.

7 - YOUR CONDUCT

7.1. You agree that in using the Website, the hayu Player and/or the hayu Service you will not:

(a) use the Website, the hayu Player and/or the hayu Service in any way that may lead to the encouragement, procurement or carrying out of any criminal activity or for any other unlawful purpose;

(b) use the Website, the hayu Player and/or the hayu Service in any way that interrupts, damages, impairs or renders the Website, the hayu Player or the hayu Service less effective;

(c) use the Website, the hayu Player and/or the hayu Service for any purpose other than your personal use;

(d) transmit or otherwise disseminate any content which is defamatory, obscene, in breach of copyright, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability:

(e) advertise or promote third party or your own products or services, including (but not limited to) by way of the distribution of 'spam' email;

(f) transfer files that contain viruses, trojans or other harmful programs;

(g) share access with others, access or attempt to access the accounts of other users or to penetrate or tamper with or attempt to penetrate or tamper with the Website, the hayu Player and/or hayu Service security measures including digital rights management (DRM) technology protecting the Programmes or the hayu Service;

(h) reverse engineer, decompile (apart from where necessary for the purposes of interoperability), modify, copy any of the software used in the provision of the Website, hayu Player and/or the hayu Service, or attempt to do any of the foregoing; or

(i) other than with our express permission, in particular in relation to sharing content via social media as permitted via the hayu Service, copy, scrape, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, perform, communicate to the public or distribute in any way, all or any portion of: (i) the hayu Service or (ii) web pages or materials on or made available via the Website, or (iii) any material on or made available via the hayu Player in each case other than for your own personal use or otherwise than in accordance with these Terms.

7.2. We reserve the right to suspend, restrict or cancel your access to the Website, the hayu Player and/or the hayu Service at any time without notice if we have reasonable grounds to believe that you have breached any of the restrictions contained in these Terms. This suspension or cancellation (as applicable) shall be in accordance with Section 13.1 below. This shall not limit our right to take any other actions against you that we consider appropriate to defend our rights or those of any other person.

8 - RIGHTS GRANTED AND RIGHTS RESERVED

8.1. These Terms apply to all users of and visitors to the Website, the hayu Player and the hayu Service. We reserve the right to discontinue any aspect of the Website, hayu Player and/or the hayu Service at any time. If we discontinue the hayu Service as a whole the provisions of Section 13.2 shall apply.

8.2. The content on the Website and the hayu Player, including without limitation, the Programmes, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein are owned by or licensed to us.

8.3. Your use of the Website, the hayu Player and/or the hayu Service and their contents grants no rights to you in relation to our intellectual property rights including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties on the Website, the hayu Player and/or the hayu Service and their contents.

8.4. Any use other than that permitted under this Section 8 may only be undertaken with our prior express authorisation.

9 - LINKS TO AND FROM OTHER WEBSITES

9.1. We permit you to link to materials on the Website for personal, non-commercial purposes only and provided that you immediately stop providing such links if notified by us.

9.2. We may provide links to other websites from time to time (via advertising or otherwise). You acknowledge that these links are provided for your ease of reference and convenience only. We do not control such third party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via such websites and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve us in any dispute between you and the third party.

10 - PROMOTIONS

10.1. We may offer free promotional periods for the hayu Service from time to time, enabling new subscribers to subscribe to the hayu Service without paying a subscription fee during the free promotional period (" Free Period"). Any Free Period which we may offer you shall be subject to these Terms. Any such offer of a Free Period shall be entirely at our discretion. Please note that unless otherwise stated, Free Period offers are only available to new subscribers and cannot be used in conjunction with any other promotion or offer (including any Promotional Code). If you have previously received a Free Period or other promotion, you may not be entitled to receive a further free promotional offer. Please contact us if you are not sure if you are entitled to a promotional offer or not. You may cancel your subscription during your Free Period in accordance with clause 12.2 of these Terms.

IMPORTANT: If you do not cancel before the end of the Free Period following the end of the Free Period you will be charged the subscription fee for the following subscription period, and each subsequent period you remain a subscriber (depending on your Subscription Type) in accordance with clause 11. You can cancel your subscription at any time as described in Section 12 below.

10.2. We may from time to time issue (directly or through a third party) hayu promotional codes (each a " Promotional Code") meaning a promotional code, unique activation link or voucher number for use on the hayu Service.

10.3. When redeeming a Promotional Code, you need to make sure that you enter it accurately when prompted by the hayu Service during registration.

10.4. Any other promotion or offer we provide (whether directly or through a third party) in relation to the hayu Service may not be used in conjunction with any other current or past promotion or offer provided by us in relation to the hayu Service.

10.5. Any use of a Promotional Code will be subject to these Terms and also the terms of the voucher/communication containing the Promotional Code. In the event of a conflict between these Terms and the terms of the voucher/communication containing the Promotional Code, Free Period or other offer (" Offer Terms"), the Offer Terms will apply.

11 - CHARGES AND PAYMENT

11.1. The charges payable for the hayu Service are as set out on the Website and the hayu Player at the time you subscribe for the hayu Service depending on the Subscription Type you select. Subscription fees may be varied by us from time to time, but any variation affecting your subscription will be notified to you at least 30 days in advance and you can cancel your subscription if you do not agree to the new subscription fees.

11.2. The subscription fees for the hayu Service will be payable by you to us depending on the Subscription Type you have chosen (i.e., yearly, monthly, one-off, recurring advanced payment etc.). Except in respect of any Free Period if applicable, your first payment shall be debited on the date of your Registration (unless we allow you to select a different payment date during registration) from your bank account or charged to your credit card using the account details you supplied until such time as your subscription is cancelled in accordance with these Terms or your subscription to the hayu Service ends, depending on your Subscription Type.

11.3. Subscription fees include VAT or other sales taxes, if applicable. Your credit card processor or company may impose handling charges (as provided for in their terms of use).

11.4. We will make every effort to ensure that our charges for the hayu Service appears correctly on the Website and/or hayu Player, however we will not be obliged to honour prices that are the result of obvious errors.

12 - CANCELLATION BY YOU

12.1. You may cancel your subscription to the hayu Service at any time by logging into "My Account" and cancelling your subscription following the off-boarding process.

12.2 If you cancel your subscription during your Free Period, your subscription will continue until the end of such Free Period. There will be no refunds available or any reimbursement for any unused time period remaining from use of a Promotional Code or from your Free Period following cancellation by you of your subscription, except in accordance with your statutory rights.

12.3. Unless clause 12.2 applies, if you cancel your subscription to the hayu Service, you will continue to receive the hayu Service until the end of your current subscription period (depending on the Subscription Type you have selected) and will not be charged the subscription fee for the following subscription period or any subsequent period until you re-subscribe). To the extent permitted by the applicable law, payments are non-refundable and you will not be entitled to a refund for any partially-completed subscription period.

12.4 EU ONLY:** Statutory cancellation right: For most products and services bought online you have a legal right to change your mind within 14 days (the "Statutory **Cancellation** Period**") and receive a refund. However, subscriptions to the hayu Service either (a) start with a Free Period which is longer than the Statutory Cancellation Period and such Free Period can be cancelled before any payment is due (as described above in this Section 12), or (b) begin to be supplied on a paid basis during the Statutory Cancellation Period (e.g. after a 7-day Free Period) but only following your express request for such supply to begin and your acknowledgement that – once that supply begins – the statutory cancellation right is lost (though your general right to cancel your subscription will still apply, as described in Section 12.1).

13 - SUSPENSION OR CANCELLATION BY US

13.1. If you breach any of the Terms we may immediately suspend your account and your access to the hayu Service. If we reasonably believe that you have flagrantly or persistently breached any of these Terms we may cancel your subscription. If we cancel your use of the hayu Service under this Section 13.1 such cancellation shall be immediate and without notice or refund.

13.2. In addition, we reserve the right to cancel our provision of the hayu Service to you if we no longer provide the hayu Service. If this cancellation occurs part-way through a subscription period, you will be entitled to a pro-rata refund of the subscription fees that you've pre-paid for the remaining part of that subscription period.

14 - AGE RESTRICTIONS AND UNSUITABLE CONTENT

14.1. If we discover that you have registered for an account and you have not reached the age of majority in your jurisdiction of residence, then we reserve the right to suspend or terminate your access to the Service immediately. We accept no responsibility if you allow any Programmes to be viewed by third parties who are below the relevant age restriction.

14.2. You understand that the Programmes may contain adult material and/or other content you may consider offensive or otherwise objectionable. We accept no liability to you for the content of Programmes which you find offensive or objectionable.

14.3. It is your responsibility as a subscriber to the hayu Service to ensure that the Programmes you choose to view are suitable for you and all people watching the Programmes with you.

15 - OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY

15.1. We accept liability for death or personal injury caused by our negligence or that of our employees or agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents.

15.2. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, which means that they could be contemplated by you and us.

15.3. We cannot guarantee that the Website, hayu Player or the hayu Service will be provided uninterrupted.

15.4. We do not accept any liability for loss or damage incurred by you or loss of data from your computer system that results from:

(a) your negligence;

(b) your breach of these Terms; or

(c) anything which is beyond our reasonable control which prevents us from fulfilling our obligations under these Terms and includes, but is not limited to, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

15.5. Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on the Website or hayu Player itself will be free from errors or omissions.

15.6. Access to the Website, hayu Player and/or the hayu Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control (as described in paragraph 15.4. (c)).

15.7. You have certain statutory rights. Nothing in these Terms is intended to affect your statutory rights. For more information about your statutory rights contact your local Citizens Advice Bureau, Trading Standards Office or Consumer Protection Office.

15.8. Our total liability to you for any loss or damage arising out of or in connection with these Terms shall be limited to the total payment from you in any one month period.

16 - PRIVACY

16.1. For more information on how we process your personal data and who we share it with, please read our Privacy Policy.

16.2. We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Website, hayu Player and/or the hayu Service.

17 - CHANGES TO THESE TERMS

17.1. We may change these Terms at any time to ensure that we remain compliant with applicable laws and regulations and/or to reflect any changes or improvements we may make to the hayu Service or our business practices. We recommend that you review these Terms regularly so that you are aware of any changes. However, if we make any material changes to these Terms, in addition to posting the revised Terms on the Website and the hayu Player, we will give you advance notice directly via the email address you have supplied to us when you set up your account. If any changes to these Terms are unacceptable to you, you will be entitled to cancel your subscription in accordance with Section 12.1 above. Your use of the hayu Service and/or subsequent visitation of either the Website or hayu Player following any amendment of these Terms will signify your agreement to and acceptance of its revised terms.

18 - SEVERANCE

If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions of these Terms will continue to apply.

19 - TRANSFER

19.1. These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.

19.2. We may transfer our rights or obligations or sub-contract our obligations under these Terms to another legal entity. You agree that we may do so provided that the Website, hayu Player and the hayu Service will be made available to you on the same terms or terms that are no less advantageous to you.

20 - THIRD PARTY RIGHTS

These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer our right or obligations or sub-contract our obligations under these Terms to another legal entity under Section 19.2.

21- NO WAIVER

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. Also, if we take certain steps against you, this will not limit our right to take any other steps against you that we consider appropriate to defend our rights or those of any other person.

21- DISPUTES

We will do our best to resolve any disputes in relation to these Terms. By using the hayu Service you agree that the laws of England and Wales shall apply in relation to any disputes between us, subject to applicable conflict-of-law rules and any applicable mandatory rules related to consumer law.

The parties have agreed that this contract and all related documents be drafted in English.

These Terms and Conditions were last updated on 5 January 2022.

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Copyright © Universal Pictures Subscription Television Limited 2019. Universal Pictures Subscription Television Limited / 05942255 / 1 Central St Giles, St Giles High Street, London WC2H 8NU hayu content is not suitable for children. Shows may contain scenes of a sexual nature, mild violence, drugs references and strong language - please see content ratings.
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