Terms and Conditions.

Heard Digital Ltd – Terms & Conditions – to be read in conjunction with our Privacy Policy.

Heard Digital and Heard Terms of Use

Heard Digital Ltd provides a subscription service that allows our members to access entertainment content over the internet on apps, and certain internet-connected TVs, computers, and other devices.

These Terms of Use govern your use of our service. As used in these Terms of Use, it means all use of terms with regards to the personalised service provided by Heard Digital Ltd for searching, enjoying, discovering, and accessing our content, including all features and functionalities, recommendations and reviews, our websites, apps and user interfaces, as well as all content and software associated with our subscription services.

Heard Digital Membership

1.1. Your membership will continue until terminated. To use the subscription services, you must have internet access and a Heard Digital ready device, and provide us with a Payment Method via Stripe. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorise us to charge the membership fee for the next billing cycle to your Payment Method (see “Cancellation” below.”

1.2. We may offer several subscription memberships plans and levels. Some membership plans and levels may have differing conditions and limitations, which will be disclosed at your sign-up or in other direct communications made available to you. You can find specific details regarding your membership by visiting our website and clicking on the “Account” link available in your profile membership pages.

Billing and Cancellation

2.1. Billing Cycle. The membership fee for the Heard Digital subscription service will be charged to your Payment Method on the specific payment date indicated on the “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service. In some cases, your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription membership plan or if your paid membership plan began on a day not contained in a given month. Visit the Heard Digital website and click on the “Billing details” link within your “Account” page to see your next payment date.

2.2. Cancellation. You can cancel your Heard Digital subscription membership at any time, and you will continue to have access to the Heard Digital service through to the end of your existing billing period. Payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused membership time. To cancel, go to the “Account” page and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page. 

2.3. Changes to the Price and Subscription Plans. We may change our membership subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

Heard Digital Ltd Service

3.1. You must be at least 18 years of age to become a member of the Heard Digital Ltd service. Minors may only use the service under the supervision of an adult.

3.2. The Heard Digital Ltd membership service and any content accessed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your membership we grant you a limited, non-exclusive, non-transferable right to access the Heard Digital service and Heard Digital content. Except for the foregoing, no right, title, or interest shall be transferred to you. You agree not to use the service for public performances. 

3.3. You may access the Heard Digital Ltd content primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The content that may be available will vary by geographic location and will change from time to time.

3.4. The Heard Digital Ltd subscription service, including the entertainment content library, is regularly updated.

3.5. You agree not to in anyway; archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale or use (except as explicitly authorised in these Terms of Use) content and information contained on or obtained from or through the Heard Digital Ltd service. You also agree not to in anyway; circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Heard Digital Ltd service; use any robot, spider, scraper or other automated means to access the Heard Digital Ltd service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Heard Digital Ltd service; insert any code or product or manipulate the content of the Heard Digital Ltd service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail, or otherwise send or transmit any material designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Heard Digital Ltd service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

3.6. The quality of the Heard Digital Ltd content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. Not all content is available in all formats, and not all subscription plans allow you to receive content in all formats. We recommend a faster connection for improved quality. You are responsible for all internet access charges. Please check your internet provider for information on possible internet data usage charges. The time it takes to begin to enjoy Heard Digital Ltd content will vary based on a number of factors, including your location, available bandwidth at the time, the content you have selected and the configuration of your device.

3.7. Heard Digital Ltd software is developed by, or for, Heard Digital Ltd and may solely be used for authorized streaming and to access Heard Digital Ltd content through Heard Digital Ltd ready devices. This software may vary by device and medium, and functionalities and features may also vary between devices. You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of the Heard Digital software and related third-party software. 

Passwords and Account Access

4.1. The member who created the Heard Digital Ltd account and whose Payment Method is charged (the “Account Owner”) is responsible for any activity that occurs through the Heard Digital Ltd account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the Heard Digital Ltd ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold to protect you, Heard Digital Ltd or our partners from identity theft or other fraudulent activity. 

Miscellaneous

5.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom.

5.2. Unsolicited Materials. Heard Digital Ltd does not accept unsolicited materials or ideas for Heard Digital Ltd content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Heard Digital Ltd.

5.3. Customer Support. To find more information about our service and its features or if you need assistance with your account, please visit the Heard Digital Ltd Help Centre, which is accessible through the Heard Digital Ltd website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means.

5.4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

5.5. Changes to Terms of Use. Heard Digital Ltd may, from time to time, changes these Terms of Use. We will notify you at least 30 days before such changes apply to you. 

5.6. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.