Terms and Conditions

Terms and Conditions

Sainsbury’s Entertainment Video On Demand & Music Download (MP3) Terms and Conditions

Terms and Conditions for the purchase of a licence to allow the playing of video on demand and MP3 music content on certain authorised devices.

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the video on demand and MP3 music content (Content) and if available their related cover art listed on our website www.sainsburysentertainment.co.uk (our site) and in the case of video on demand Content our Sainsbury’s branded on-device application (Application) (together our service) to you. Please read these terms and conditions carefully before ordering any Content Licence (as defined below in clause 2.3) from our service. You should understand that by ordering any Content Licence, you agree to be bound by these terms and conditions.
You should make a copy of these terms and conditions for future reference.

1. INFORMATION ABOUT US

www.sainsburysentertainment.co.uk is a site operated by Sainsbury’s Supermarkets Ltd (we, us, our) registered in England and Wales under company number 3261722 and with our registered office and main trading address at 33 Holborn, London, EC1N 2HT.

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2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

2.1 Our service is operated by Sainsbury’s Supermarkets Ltd, and by placing an order on our site or the Application you are contracting directly with Sainsbury’s Supermarkets Ltd.

2.2 Each order by you constitutes an offer to us to buy a Content Licence or Licences. Each order for a Content Licence made by you through our service is subject to acceptance by us. We may choose not to accept your order for any reason but will inform you if we do choose not to accept your order. You will make your order when you click on the ‘Pay now’ button during the checkout process. The contract between us (Contract) will only be formed when we accept your order for the Content Licence or Licences at the point after you have clicked the ‘Pay now’ button AND you have been forwarded to a page telling you your “payment was successful”. A confirmation email will also be sent to your registered email address.

2.3 Once the Contract is made we will grant you the non-exclusive and non-transferable right to use the Content to which the Contract applies for your own personal and non-commercial use only, strictly subject to these Terms and Conditions of Use, in particular clause 8 below, and in accordance with the usage rules at clause 6.8 below. This right we grant to you is the Content Licence.

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3. SERVICE AVAILABILITY

Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside of the United Kingdom.

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4. YOUR STATUS

4.1 By registering with us and placing an order through our site, you warrant that:

(a) You are legally capable of entering into binding contracts;

(b) You are at least 18 years old;

(c) You are resident in the United Kingdom and are placing an order on our service from the United Kingdom;

(d) All the information you provide to us is true, accurate, current and complete in all respects including your name, address, phone number, email address and any other details we may request in order to process your order;

(e) You will inform us immediately if any of any changes to the information you supplied when registering by updating your personal details; and

(f) You will use the Content you obtain from us under the Content Licence in accordance with these Terms and Conditions and only for lawful purposes and in a lawful manner.

4.2 We reserve the right to:

(a) Decline a new customer registration or suspend a customer's account at any time and at our sole discretion.

(b) Terminate, at our absolute discretion, your access to all or part of the services with or without notice.

(c) Discontinue, at our absolute discretion, our service, or any part thereof, at any time, with or without notice.

4.3 Registration data and certain other information about you is subject to our Privacy Policy. We recommend that you read our Privacy Policy before you accept these Terms and Conditions.

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5. OUR STATUS

We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.

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6. DELIVERY OF CONTENT, VIEWING REQUIREMENTS AND USAGE RULES

6.1 Once your order has been accepted and your payment processed successfully you will be able to access the Content for which you have purchased a Content Licence.

For MP3 Music Content

6.2 You will be asked to download our Download Manager, if you haven’t already, which will allow you to download the Content provided you have an Internet connection. YOU WILL ONLY BE ABLE TO DOWNLOAD THE CONTENT ONCE.

6.3 MP3 music Content can be played on any properly functioning MP3 player.

6.4 MP3 music Content usage rules:

  • The Content Licence only permits your non-exclusive, non-transferable, personal, non-commercial use of the MP3 music Content.
  • You may only make copies of the MP3 music Content as reasonably necessary for your personal and non-commercial use of the MP3 music Content and any other copying is strictly prohibited.


For Video on Demand Content

6.5 in order to download video on demand Content you will need to either (i) install the Sainsbury’s Video Manager and applicable plug-ins/extensions or (ii) download via an Authorised Device (as defined in clause 6.6 below) connected to the Internet. Alternatively you will be able to view the Content by streaming via your library page on our site or via an Authorised Device.

6.6 In order to view the video on demand Content you must either (i) register a device to our service, this could include PCs, TVs, tablets, games consoles or smartphones, the devices that can be registered are listed here and each such device registered by you will be deemed an Authorised Device; or (ii) stream via your library page on our site. You should regularly check this list as the Authorised Devices may change from time to time. The list will also tell you such things as which Authorised Devices can play High Definition (HD) and/or Standard Definition (SD) Content, which Authorised Devices can either stream and/or download Content and which Authorised Devices are transactional and non-transactional (i.e. whether you can purchase a Content Licence from an Authorised Device or just play the Content on an Authorised Device).

6.7 You will only be able to view video on demand Content either on an Authorised Device or by streaming via your library page on our site.

6.8 To view video on demand Content on certain Authorised Devices you may also have to download the Application and agree to the end user licence agreement for the Application.

6.9 You will also need to ensure that you have an Internet connection in order to stream or download video on demand Content, recommended connection speeds can be found on our Video on Demand FAQs.

6.10 If you purchase HD video on demand Content in most cases you will be able to view an SD version on an Authorised Device that is not capable of playing an HD version but is capable of playing an SD version.

6.11 Usage Rules for “Rent Video on Demand” Content:
  • You must be within the United Kingdom to purchase a Content Licence to ‘Rent’ video on demand Content.
  • You must be within the United Kingdom to download or stream video on demand Content.
  • Each purchase will provide you with 1 (one) viewing licence to either download or stream the video on demand Content to an Authorised Device (Viewing Licence). PLEASE NOTE if you download the video on demand Content to an Authorised Device you will no longer be able to stream the video on demand Content.
  • So long as you haven’t downloaded the video on demand Content you may stream the video on demand Content an unlimited number of times to an Authorised Device within the Viewing Period (defined below). PLEASE NOTE you may not stream to more than one Authorised Device at the same time.
  • The Viewing Period of 48 hours will commence as soon as you either stream or start to download the video on demand Content.
  • You have a 30 day Access Period in which to start and complete the 48 hour playback (i.e. the Viewing Period). You will not be able to view the video on demand Content after the end of the Access Period, even if there is time remaining in the Viewing Period.
  • The Access Period begins at the time the transaction occurs and ends 30 days later (e.g. if video on demand Content was rented at 7:00 p.m. on October 1, playback must end by 6:59 p.m. on October 31).
  • Your right to view rented video on demand Content will expire at the earlier of the end of the Access Period or end of the Viewing Period.
  • If you start a stream on one Authorised Device, then stop, you may resume the stream on a different Authorised Device.
  • The video on demand Content will be rendered unplayable at the end of the Viewing Period or Access Period, whichever comes earlier, and will be deleted 30 days later.


Usage Rules for “Buy Video on Demand” Content:
  • You must be within the United Kingdom to purchase a Content Licence to ‘Buy’ video on demand Content.
  • You must be within the United Kingdom to download or stream video on demand Content.
  • Each purchase will provide you with 5 (five) Viewing Licences to either stream or download the video on demand Content to an Authorised Device. PLEASE NOTE if you download the video on demand Content 5 (five) times you will no longer be able to stream the video on demand Content. We recommend you reserve at least 1 (one) Viewing Licence to ensure that you may continue to stream the video on demand Content to an Authorised Device.
  • When you download to an Authorised Device you use 1 (one) Viewing Licence permanently.
  • When you stream video on demand Content you are only temporarily using a Viewing Licence and on completion of the stream that Viewing Licence will renew (i.e. you will not permanently use one of your Viewing Licences when you stream video on demand Content).
  • You may only stream video on demand Content on 2 (two) Authorised Devices at any one time (so long as there are 2 (two) Viewing Licences remaining).
  • If you start a stream on one Authorised Device, then stop, you may resume the stream on a different Authorised Device.


6.12 In the event of any problems with downloading the Content you should firstly review the Video on Demand FAQs and if you cannot find an answer there you should contact customer support at onlineservice@sainsburys.co.uk

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7. CONSUMER RIGHTS

7.1 We reserve the right to withdraw Content at any time from our service and we will not be liable to you for withdrawing any Content.

7.2 In some circumstances we may no longer have the necessary rights from our licensors to support the streaming or downloading of an item of video on demand Content, e.g. if one of our licensors, such as a film studio, no longer has the rights in a particular item of video on demand Content. In such a case we will, if our licensor allows us to, contact you by email so that you can download the item of video on demand Content (this does not apply to rented video on demand Content) to an appropriate Authorised Device provided that the relevant usage rules are intact. If you have already downloaded an item of video on demand Content to an Authorised Device prior to a withdrawal you will still be allowed to view that item of video on demand Content on that Authorised Device (this does not apply to rented video on demand Content) but you will not be able to download it or stream it again other than if we have obtained the prior approval of the relevant studio and have notified you of such in writing.

7.3 Provided an item of video on demand Content has not been withdrawn from our service as envisaged in clauses 7.1 and 7.2 above we will do our best to ensure that you can download and stream an item of video on demand Content, as long as the relevant usage rules are intact, for a minimum of two years following the purchase of the relevant video on demand Content Licence (this does not apply to rented video on demand Content).

7.4 In the event that Content is withdrawn after your purchase of a Content Licence but prior to your download of it (or streaming in the case of a rental video on demand), your sole remedy will be a refund of the price paid for such Content Licence. We will not make any refunds for Content where you have either already downloaded a playable copy to an Authorised Device in the case of video on demand Content or any MP3 player in the case of MP3 music Content, or in the case of a rental video on demand where the viewing period has expired.

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8. YOUR RIGHTS TO USE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material subsisting in our service, its design, structure, graphics, video, music and audio content and all software and source codes connected with and comprised in our service including for avoidance of doubt the Content, shall remain at all times vested in us or our licensors. You are permitted to use the Content only as expressly authorised by us, and in particular in accordance with the usage rules in clause 6 above.

8.2 You acknowledge and agree that Content comprised within our service is made available under the Content Licence for your non-exclusive, non-transferable, personal (although you may watch video on demand Content with friends and family), non-commercial use only and Content can only be downloaded (and/or streamed in the case of video on demand Content) by you if you are located within the United Kingdom however once you have downloaded Content to an Authorised Device or MP3 player you may, subject to these Terms and Conditions (including for the avoidance of doubt the usage rules in clause 6 above), play the Content on that Authorised Device or MP3 player outside of the United Kingdom.

8.3 In the case of MP3 music Content you may make copies of the MP3 music Content but only as is reasonably necessary for your personal and non-commercial use of the MP3 music Content and you agree that any other copying is strictly prohibited.

8.4 Except in the case of music Content sold expressly as “ringtones” you shall not be permitted to use, modify, edit or repurpose Content as a musical ringtone on a mobile device in connection with phone calls.

8.5 Except as expressly set out above, without limitation, you may not do, or allow third parties to do, any of the following without prior written permission from us: broadcast, communicate to the public, copy, redistribute, reproduce, rent, sub-license, synchronize with a moving image, sell, transmit, modify, adapt, create derivative works of or in any way commercially exploit any of the Content; remove the copyright, trade mark notice or other rights management or identifier information from any copies of the Content; deep link to or frame any of the Content; interfere with, or in any other way circumvent any copy protection mechanism utilised by us in providing Content; or use the Content for any illegal activity or illegal purpose in any way.

8.6 All rights not expressly granted herein are expressly reserved by us and our licensors. You do not acquire any ownership rights in any Content that you have acquired under a Content Licence from our service.

8.7 You acknowledge that the Content contains intellectual property rights belonging to and/or controlled by third parties which are protected by law.

8.8 The owners and/or controllers of the Content, for example the film studios, record labels, distributors, aggregators, TV studios and collections societies who are our licensors, are intended as third party beneficiaries under our Contract with you and may enforce this clause 8 of the Terms and Conditions against you.

8.9 You acknowledge and agree that the video on demand Content is protected by copy protection technologies commonly known digital rights management (DRM) and that you will not do anything to remove, bypass, circumvent, neutralise, or modify any of the DRM and technological protection measures used for the video on demand Content.

8.10 In the event that you fail to comply with any of these Terms and Conditions the rights granted to you by us concerning your use of the Content will automatically terminate without notice and you must immediately cease all use of the Content and any copies thereof. Furthermore we will be entitled to restrict your access to our service and Content, where applicable, without notice.

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9. PRICE AND PAYMENT

9.1 The price of any Content Licence will be as quoted on our site from time to time, except in cases of obvious error, and will be in £ Sterling, we reserve the right to amend the price in cases of obvious error.

9.2 When prices are updated on our site from time to time there may be a short delay in updating the price for the equivalent video on demand Content on the Application. You will be advised of any price difference before completing any purchase on the Application and will be given the opportunity of not proceeding with the purchase.

9.3 These prices include VAT. The prices on our service reflect the current rate of VAT that you will be charged. If you require a VAT invoice for a Content Licence purchased by you please contact customer services.

9.4 Prices are liable to change at any time, but changes will not affect orders that we have accepted unless there is a Pre-Order Price Promise.

9.5 For some Content it may be possible to pre-order Content Licences and there may be an additional discount (Pre-Order Price Promise) to which you are entitled. You will be notified by email on the Content's release date of any Pre-Order Price Promise discount and your credit card or debit card will be charged the price of the Content Licence LESS the Pre-Order Price Promise discount.

9.6 Our service contains a large amount of Content and it is always possible that, despite our best efforts, some of the Content listed on our service may be incorrectly priced.

9.7 The prices quoted on our service apply only to Content Licences sold via our service. Where the same content is available in Sainsbury's stores or via Sainsbury's grocery website different prices may apply.

9.8 Payment for all Content must be by credit or debit card or by using a Sainsbury’s Entertainment Nectar Evoucher or Sainsbury’s Entertainment Evoucher in accordance with clauses 12 and 13 below respectively. We accept payment with MasterCard and Visa cards through the Barclays Smartpay Portal. We do not accept payments with American Express, Maestro or pre-paid Mastercards. No debit or credit cards can be used on Sainsbury's Entertainment for cashback purposes even if they are accepted on other Sainsburys sites or in store.

The address at which the card is registered must be the same as your billing address. You can register a new payment card at any time, but the card associated with a given order cannot be changed once you have checked out.

9.9 Your credit or debit card will be charged at the same time as we accept your order. HOWEVER in the case of a PRE-ORDERED Content Licence your credit or debit card will be charged the Content Licence price less any applicable Pre-Order Price Promise immediately prior to your being advised by email that the Content is available for access by you..

9.10 To ensure that your credit or debit card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is done only to confirm your identity, a credit check is not performed and your credit rating will be unaffected.

9.11 Nectar points cannot be used as payment for all or part of an order other than in accordance with clause 12 below, i.e. as a Sainsbury’s Entertainment Nectar Evoucher.

9.12 Coupons issued at Sainsbury's store tills are not redeemable on our service unless expressly stated. 9.13 A Sainsbury’s Entertainment Nectar Evoucher can be used as payment for all or part of an order. Please see our Using Nectar Points page which includes the Sainsbury’s Entertainment Nectar Evoucher Terms & Conditions for further information.

9.14 Sainsbury’s gift vouchers and gift cards may NOT be used to purchase Content Licences from our site. Only Sainsbury's Entertainment Nectar Evouchers, as defined below in clause 12, and Sainsbury's Entertainment Evouchers, as defined below in clause 13, can be used to purchase Content Licences.

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10. CANCELLATION AND RETURNS

10.1 Due to the nature of digital content (which means that you are immediately given access to the Content through the Content Licence) you will NOT be able to cancel the order or return the Content once you have completed your order by clicking on the ‘Pay now’ button during the Checkout process. This will not apply to pre-ordered Content Licences, you will be able to cancel a pre-order for a Content Licence at any time prior to the release date of the relevant Content.

10.2 You are responsible for ensuring that you have carefully checked your order prior to clicking on the ‘Pay now’ button.

10.3 In circumstances where Content has been downloaded to a fully functioning Authorised Device (in the case of video on demand Content) or fully functioning MP3 player (in the case of MP3 music Content) and fails to play (and subject always to clause 15 below) we will either provide you with replacement Content (of the same title) or a refund will be issued at our sole discretion.

10.4 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

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11. NECTAR POINTS

The Nectar point collection programme is subject to the Nectar collector rules which are set out in the Nectar registration pack, brochure, and are also available online at nectar.com. We reserve the right to alter or terminate the Nectar points offer at any time without the need for prior notice. You will earn Nectar points for every full £1 you spend with us on selected products in a single transaction. You will not earn Nectar points on delivery charges. We reserve the right to reclaim Nectar points on any returned items.

A Sainsbury’s Entertainment Nectar Evoucher can be used as payment for all or part of an order. Please see our Using Nectar Points page which includes the Sainsbury’s Entertainment Nectar Evoucher Terms & Conditions for further information. Return to the top of page
12. SAINSBURY'S ENTERTAINMENT NECTAR EVOUCHER TERMS AND CONDITIONS

Please note that from 3rd March 2014 www.sainsburysentertainment.co.uk will become a completely digital entertainment on demand service (i.e. selling MP3 music and video on demand to rent or buy). This means that from 3rd March 2014 you will no longer be able to use your Sainsbury’s Entertainment Nectar Evoucher to purchase physical products such as DVDs, Blu-rays, CDs, books, games and games consoles but you will still be able to use your Sainsbury’s Entertainment Nectar Evoucher to purchase MP3 music and buy or rent videos on demand.

12.1   Sainsbury’s Entertainment Nectar Evouchers can only be used on www.sainsburysentertainment.co.uk subject to these Terms and Conditions.

12.2   Sainsbury’s Entertainment Nectar Evouchers are available in denominations of £1, £5, £10, £20 or £50 and can only be obtained from nectar.com by redeeming the corresponding number of Nectar points shown.

12.3   Sainsbury’s Entertainment Nectar Evouchers are, and remain at all times, the property of Sainsbury’s Supermarkets Ltd. It may not be copied, reproduced or published either directly or indirectly. Sainsbury’s Entertainment Nectar Evouchers distributed or circulated without our prior written approval are not valid and may be refused or cancelled. If you redeem or attempt to redeem a Sainsbury’s Entertainment Nectar Evoucher to which you are not entitled you may be committing an offence.

12.4   We reserve the right to cancel or withdraw any Sainsbury’s Entertainment Nectar Evoucher at any time without notice and without reason. If we refuse a Sainsbury’s Entertainment Nectar Evoucher for any reason we will inform you before the order is despatched to give you the opportunity to cancel the order. In the absence of any wrongdoing and provided that the Sainsbury’s Entertainment Nectar Evoucher has not expired we will replace the value of any Sainsbury’s Entertainment Nectar Evoucher cancelled or withdrawn by us in accordance with this clause with the same value of Sainsbury’s Entertainment Evoucher (see clause 12.13 below).

12.5   Sainsbury’s Entertainment Nectar Evouchers may only be used as stated on the Sainsbury’s Entertainment Nectar Evoucher.

12.6   Sainsbury’s Entertainment Nectar Evouchers may be used in conjunction with a Sainsbury's Entertainment Evoucher, promotional prices and promotional offers on www.sainsburysentertainment.co.uk but not in conjunction with any other offer or evoucher (including vouchers and evouchers obtained from Sainsbury's Stores or www.sainsburys.co.uk).

12.7   Nectar points will not be earned on purchases made using a Sainsbury's Entertainment Nectar Evoucher for the value of such evoucher (e.g. if a £5.00 Sainsbury's Entertainment Nectar Evoucher is used in a purchase totalling £8.00 on Sainsburysentertainment.co.uk then Nectar points will not be earned on that part of the purchase valued at £5.00).

12.8   A Sainsbury's Entertainment Nectar Evoucher cannot be exchanged for cash, gift vouchers or delivery and cannot be sold or traded in any way.

12.9   Only one Sainsbury’s Entertainment Nectar Evoucher can be used by a customer, regardless of value, on any single purchase on www.sainsburysentertainment.co.uk.

12.10   Your Nectar points will be redeemed at the time you obtain the Sainsbury's Entertainment Nectar Evoucher and not at the time when you use the Sainsbury's Entertainment Nectar Evoucher to purchase an item on www.sainsburysentertainment.co.uk.

12.11   A Sainsbury’s Entertainment Nectar Evoucher can only be used on www.sainsburysentertainment.co.uk and not in any store or on any other website.

12.12   Once you have used your Nectar points to obtain a Sainsbury's Entertainment Nectar Evoucher the process cannot be cancelled and your Nectar points cannot be returned.

12.13   Any refunds from Sainsbury’s Entertainment for products purchased by you using a Sainsbury's Entertainment Nectar Evoucher will be made through a Sainsbury’s Entertainment Evoucher. The Nectar points cannot be reversed. This requirement also applies to refunds for non-delivered items and to cancellations that happen before payment is taken. A Sainsbury's Entertainment Evoucher is subject to the terms and conditions found here.

12.14   Your Sainsbury's Entertainment Nectar Evoucher will be sent to the email address assigned to your Nectar Account on nectar.com. You have the opportunity to update this prior to confirming your order.

12.15   Your Sainsbury's Entertainment Nectar Evoucher code will be displayed on screen and can be used immediately. A confirmation email will also be sent to the email address assigned to your Nectar Account within 24 hours. You should print your Sainsbury's Entertainment Nectar Evoucher details and keep them safe as these are not available in your nectar.com transaction history.

12.16   Normal Nectar terms and conditions apply.

12.17   A Sainsbury's Entertainment Nectar Evoucher cannot be used more than once.

12.18   The Sainsbury's Entertainment Nectar Evoucher value will be taken towards payment of your basket. If the order exceeds the amount of the Sainsbury's Entertainment Nectar Evoucher, the balance must be paid by credit or debit card.

12.19   We cannot give change when a Sainsbury’s Entertainment Nectar Evoucher is used on www.sainsburysentertainment.co.uk and if your total spend is less than the value of your Sainsbury’s Entertainment Nectar Evoucher your balance is “lost” and will not be refunded in any way.

12.20   Normal Sainsbury’s Entertainment terms and conditions of purchase and use of the www.sainsburysentertainment.co.uk website apply.

12.21   A Sainsbury’s Entertainment Nectar Evoucher is valid for the value of Nectar points used using the code issued on nectar.com and in the confirmation email, e.g. if you use £10 of Nectar points you will obtain a £10 Sainsbury's Entertainment Nectar Evoucher.

12.22   A Sainsbury’s Entertainment Nectar Evoucher is valid until the expiry date presented on nectar.com and in the confirmation email. Should a Sainsbury’s Entertainment Nectar Evoucher not be used by its expiry date it will not be accepted on www.sainsburysentertainment.co.uk and cannot be refunded.

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13. SAINSBURY'S ENTERTAINMENT EVOUCHERS AND PROMOTIONS

13.1 Sainsbury's Entertainment Evouchers can only be used on our site subject to these Terms and Conditions. Sainsbury’s Entertainment Evouchers cannot be used in any store or on any other website.

13.2 Sainsbury's Entertainment Evouchers are, and remain at all times, the property of Sainsbury’s Supermarkets Ltd. The right to use a Sainsbury's Entertainment Evoucher is personal to the original or named recipient and may not be transferred without permission. It may not be copied, reproduced or published either directly or indirectly. Sainsbury's Entertainment Evouchers distributed or circulated without our prior written approval are not valid and may be refused or cancelled. If you redeem or attempt to redeem a Sainsbury's Entertainment Evoucher to which you are not entitled you may be committing an offence.

13.3 We reserve the right to cancel or withdraw any Sainsbury's Entertainment Evoucher or promotion at any time without notice and without reason.

13.4 Unless otherwise stated a Sainsbury's Entertainment Evoucher may be used only by the named recipient, it may only be used as stated on the Sainsbury's Entertainment Evoucher and not in conjunction with any other offer or evoucher (including vouchers and evouchers obtained from Sainsbury's Stores or www.sainsburys.co.uk but excluding a Sainsbury's Entertainment Nectar Evoucher). Sainsbury's Entertainment Evouchers cannot be exchanged for cash, gift vouchers, delivery charges (except where stated) or for a whole order (unless otherwise stated on the Sainsbury’s Entertainment Evoucher).

13.5 Certain goods may not be purchased using Sainsbury's Entertainment Evouchers. These include mobile phone top-ups, gift vouchers and any other items that we may from time to time exclude. Any excluded goods will not count towards any qualifying condition for the use of the Sainsbury’s Entertainment Evoucher.

13.6 When a Sainsbury's Entertainment Evoucher or other promotional offer applies to more than one Content Licence, the total value of the promotional offer or discount is split and shared across each applicable Content Licence in the correct ratio.

13.7 We cannot give change when a Sainsbury’s Entertainment Evoucher is used on our site and if your total spend is less than the value of your Sainsbury’s Entertainment Evoucher your balance is “lost” and will not be refunded in any way. If you cancel a pre-order for a Content Licence purchased using a Sainsbury's Entertainment Evoucher you will be refunded for the value of that part of the order with a new Sainsbury's Entertainment Evoucher.

13.8 A Sainsbury's Entertainment Evoucher cannot be used more than once.

13.9 Any other evoucher supplied by Sainsbury's Stores or Sainsbury's website (i.e. www.sainsburys.co.uk) is not accepted on the Sainsbury's Entertainment website.

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14. USE OF OUR SITE

14.1   You may not use our site for any of the following purposes:

a)   disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;

b)   transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

c)   gaining unauthorised access to other computer systems;

d)   interfering with any other person's use or enjoyment of our site;

e)   breaching any laws concerning the use of public telecommunications networks;

f)   interfering or disrupting networks or websites connected to our site;

g)   making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner; and/or

h)   engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.

14.2   In the event that you share content via our site using our Facebook, Twitter, Google Plus and Email buttons (or any other buttons we add in the future) you must do so in accordance with the AddThis Terms of Service.

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15. OUR LIABILITY

15.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied provided that such purposes are domestic and non-commercial. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.

15.2 Our liability for losses you suffer as a result of us breaching this agreement is strictly limited to the purchase price of the Product you purchased.

15.3 This does not include or limit in any way our liability:

(a) For death or personal injury caused by our negligence;

(b) Under section 2(3) of the Consumer Protection Act 1987;

(c) For fraud or fraudulent misrepresentation; or

(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

15.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:

(a) Loss of income or revenue;

(b) Loss of business;

(c) Loss of profits or contracts;

(d) Loss of anticipated savings; or

(e) Loss of data.

provided that this clause 15.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 15.2 or clause 15.3 or any other claims for direct financial loss that are not excluded by any of categories (a) to (e) inclusive of this clause 15.4.

15.5 We will not be liable to you for any Product that you find offensive or obscene irrespective of whether or not it is marked up as containing explicit material. Your use of the Product is at your own risk.

15.6 Although we will take all reasonable care to ensure that all descriptions and details of Products appearing on our site are correct at the time when the information was inputted onto the system, the information appearing on our site at any time may not reflect the exact position at the moment you place an order.

15.7
15.8 We will not be liable to you in the event of any action brought against you by an artist, record company, film studio, TV company, collection society or other party in relation to your use of the Content or any breach by you of any intellectual property rights protecting any Content.

15.9 Subject to the other provisions contained in these Terms and Conditions, our liability is limited to delivery of Content to the first Authorised Device, MP3 player or other recipient device on which you download or stream the Content, and we shall not be deemed to be liable for any transfer or access made via any further PC or other medium, including for any upgrades to your hardware or software that may affect your access to the Content.

15.10 WHERE YOU BUY ANY CONTENT FROM A THIRD PARTY SELLER THROUGH OUR SITE, THE SELLER'S INDIVIDUAL LIABILITY WILL BE SET OUT IN THE SELLER'S TERMS AND CONDITIONS.
16. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17. NOTICES

All notices given by you to us must be given to Sainsbury’s Supermarkets Ltd by sending us an email at onlineservice@sainsburys.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 16 above. Notice will be deemed received and properly served immediately when posted on our service, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

18. TRANSFER OF RIGHTS AND OBLIGATIONS

18.1 The contract between you and us is binding on you and us and on our respective successors and assigns.

18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it (including for the avoidance of doubt the Content Licence), without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

19. EVENTS OUTSIDE OUR CONTROL

19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

19.2 Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e) Impossibility of the use of public or private telecommunications networks including mass telecommunication failures or denial of service attacks.

(f) The acts, decrees, legislation, regulations or restrictions of any government.

19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

20. WAIVER

20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

20.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17 above.

21. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

22. ENTIRE AGREEMENT

22.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

22.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

22.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

23.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

23.2 We reserve the right to alter these Terms and Conditions at any time at our sole discretion by posting the amended Terms and Conditions on our site. In the event of your use of our site after the posting of the amended Terms and Conditions this will indicate your acceptance of such amended Terms and Conditions.

24. LAW AND JURISDICTIONS

24.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.

Last updated: 3rd March 2014.