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These terms and conditions govern your use (“you”, “your”) of QOnAir (defined below) (“Terms”).
1.1 Parties to these Terms. These Terms apply between you and QVC UK (Company number 02807164) (“QVC”, “us” “we” “our”), a limited liability company registered in England and Wales having our registered office at Building 8, Chiswick Park, 566 Chiswick High Road, London W4 5XU. Our registered VAT number is 723095447.
1.2 The following terms apply to your use. The following Terms together with our “Privacy Statement” (available here – https://www.qvcuk.com/content/QOnAir/qonair-privacy-statement.html) govern your use of QOnAir and such Privacy Statement terms shall be deemed incorporated by reference and made a part of these Terms. Please read these Terms and the Privacy Statement carefully before you use QOnAir. You acknowledge and agree that by using our services or by using any part of QOnAir you signify that you agree to be bound by these Terms and acknowledge that you have read the Privacy Statement. If you do not agree to these Terms or the Privacy Statement, you must not use QOnAir.
1.3 What we do. We have prepared “QOnAir” which is a communication channel hosted via WhatsApp that enables you to send messages on WhatsApp relating to your tips, stories and feedback about products made available by QVC so we can show it on our television channel (“QVC TV”). You must ensure your use of QOnAir complies with all laws and regulation applicable to you or the jurisdiction you are located in, or have habitual residence. You must be at least 18 years old to use QOnAir.
1.4 Contact. If we need to contact you, we may do so using QOnAir. You can contact us using the following details: firstname.lastname@example.org or on 0800 51 41 31.
2.1 Your Content. You are solely responsible for your conduct on, and any data, text, information, screen names, graphics, photos, audio and video clips, links and comments uploaded through QOnAir, (together the “User Content”). The standards set out in this clause 2 apply to any and all User Content, (together the “User Content Standards”). We will determine, at our discretion, whether User Content breaches the User Content Standards.
2.2 User Content Standards. Your conduct in QOnAir and any User Content you share on QOnAir must not:
(a) contain nudity, sexually suggestive content or provocative imagery (such as models in blatantly sexual or prurient poses) or depict pornography or sexual acts;
(b) be deceptive, false or misleading or impersonate a person (alive or dead) or brand, including any connection;
(c) divert viewers away from QVC, for example, do not actively encourage business away from QVC;
(d) disclose or require other users of QOnAir to disclose personal or private confidential information;
(e) be emotionally exploitative, controversial, shocking or likely to cause other users of QOnAir or viewers of QVC TV distress;
(f) be socially insensitive, for example, do not use phrases that are discriminatory, sexist, or racist and do not engage in divisive discussions concerning politics or other sensitive topics such as scandals, reproductive rights, firearms etc;
(g) be obscene, foul, vulgar, defamatory, libellous, abusive, harassing, invasive of another’s privacy or otherwise illegal;
(h) endanger your safety or the safety of others;
(i) convey false or misleading claims about vaccination safety, or health-related information that has a serious potential to cause public harm;
(j) threaten, encourage, promote or depict violence or graphic imagery;
(k) not include any minor unless you have obtained the permission and consent of any such and ensured they a willing participant; or
(l) encourage antisocial or nuisance behaviours.
2.3 Opinions. You must ensure that the User Content is relevant to the QVC product selected to review. You may provide your personal opinion on the QVC product being reviewed. Any claim that could reasonably be interpreted as an objective, factual statement must be accurate and supported by evidence.
2.4 We are not responsible for User Content. While QVC prohibits any conduct and content on QOnAir in breach of the User Content Standards, you understand and agree that QVC cannot be responsible for the content posted on QOnAir by other users and you nonetheless may be exposed to such materials and that you use QOnAir at your own risk.
3.1 Your promises to us. You undertake, represent and warrant that that you shall not use QOnAir in any way which: (i) is harmful, unlawful or illegal; (ii) may give rise to civil or criminal liability for us or any of our affiliates, officers, directors, employees, agents, contractors, consultants, vendors, and representatives; (iii) is on behalf of a third party; or (iv) is not expressly authorised by these Terms.
3.2 If you breach these Terms. We are entitled to immediately, temporarily or permanently withdraw your right to use QOnAir and any other QVC services and terminate any or all of these Terms, and revoke the licence and rights granted in clause 4.3, if you fail to comply with any provision of these Terms.
4.1 You grant us a licence to use your User Content. By posting any User Content on or through QOnAir, you hereby grant to us a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such User Content, including without limitation distributing part or all within QOnAir, QVC TV or in any media formats or through any media channels. We do not claim ownership in your User Content and ownership will remain with you (or the relevant third party owner).
4.2 Quality of your User Content. You represent and warrant that: (i) you own the User Content posted by you on or through QOnAir or otherwise have the right to grant the license set forth in clause 4.1, (ii) the posting and use of your User Content on or through QOnAir does not violate the privacy rights, publicity rights, copyrights, contract rights, Intellectual Property Rights or any other rights of any person, and (iii) such posting of your User Content will not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing to any person arising by reason of User Content you post on or through QOnAir.
4.3 Licence to use QOnAir. As long as you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence for the duration of these Terms to access and use QOnAir for your personal use only.
4.4 Do not hack or misuse QOnAir. You must not misuse QOnAir by knowingly introducing viruses or other material which is malicious or technologically harmful.
4.5 Ownership of WhatsApp. You acknowledge that all right, title and interest in WhatsApp and any software to enable its use including all Intellectual Property Rights, belong to and are retained solely by our third-party suppliers. These Terms do not provide you with title or ownership of any Intellectual Property Rights or other rights other than the rights specified in these Terms. For the purpose of these Terms “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software including both source and object code, database right, topography rights, moral rights, know-how, trade secrets and any other Intellectual Property Rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
5.1 These terms are not intended to benefit third parties. These Terms are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party.
5.2 No waiver. If QVC does not insist immediately that you do something you are required to do under these Terms, or if QVC delays in taking steps against you in respect of you breaching these Terms, that does not mean that you do not have to do those things, and it does not prevent QVC from taking steps against you at a later date.
5.3 Assignment. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing (including via email) if this happens. You must not transfer your rights or your obligations under these Terms to another person or entity unless we give you prior written consent.
5.4 Severance. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
5.5 Governing law and jurisdiction. These Terms (and any non-contractual obligations arising out of or in connection with these Terms and any claim or dispute in relation to their formation) shall be governed by and construed in accordance with the laws of England and the parties hereby irrevocably submit to the exclusive jurisdiction of the courts of England. Notwithstanding the foregoing, if you are acting as a consumer (as defined under applicable laws) when entering into these Terms, you shall have the right to bring and defend claims in the courts located in your home jurisdiction.
These Terms were last updated on [10th June 2021]. We may update these Terms from time to time and will use our reasonable endeavours to provide you with one month’s prior notice of material updates. You should check this page from time to time to review the current version of the Terms.