Terms of Service

  1. About Us and these Terms of Service

    Welcome to our video on demand service. The service may be available via iOS and Android apps, and via various devices and browsers. These Terms of Service ("Terms") apply to the Service however accessed as well as to any related website, along with any apps we make available, collectively referred to here as the "Service(s)".

    The Service is operated by NextUp Comedy Limited ("us", "we", or "our"). We are registered in England and Wales under company number 09940291 and our registered office is at 3rd Floor, 3 Fitzhardinge Street, London, W1H 6EF. Our VAT number is GB248568953.

    Please read these Terms carefully. They set out the basis on which you are allowed to use the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with or accept any of these Terms, you should cease using the service immediately.

    If you have any questions regarding these Terms or the use of the Service, please feel free to contact us by emailing our customer services team, whose contact details are provided at the end of these Terms. You might want to print a copy of the Terms for your own records.

    The privacy of your personal data is important to us. Please see our Privacy Policy, which forms part of the Terms, for details of how we will use and process your personal data. The Service also uses cookies. Please see our Cookie Policy, for more details of how we and others use cookies and similar technologies.

    We may update these Terms from time to time for legal or regulatory reasons, or to reflect changes in our services or practices. You should regularly check this page to see if any changes have been made. If you are a fee paying subscriber, any changes will become effective from the date of your next payment following the change unless we notify you otherwise.

  2. Creating an account

    You are required to register and/or set up an account to use the Services and/or to subscribe. To register and/or set up an account you must be aged 18 years or older and resident in the a territory where the Service is officially made available by us – certain restrictions regarding territories of availability may apply as set out on the relevant app or website. Those under 18 may only use the relevant account or subscription or otherwise use the Service with the permission and under the supervision of the account owner or other responsible adult.

    The account owner is solely responsible for providing (and keeping updated) true and accurate information during sign up and throughout the registration or subscription period. The account owner will be responsible for any use of the account or the Service through the account and/or through use of the login or password. The account login and password controls the account and must not be shared with anyone else.

    Please ensure any person accessing the Service through your account is authorised by you and is aware of these Terms and that they comply with them.

    We may terminate or restrict your use of the Service at any time if you breach these Terms or are engaged in illegal or fraudulent use of the service.

    If you choose, or you are provided with, a user identification code, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

    We have the right to disable any user identification code, login, username, or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

    If you know or suspect that anyone other than you knows your user identification code or password you must promptly notify us at support@nextupcomedy.com

  3. NextUp Subscription Service

    NextUp Comedy is a video subscription service that provides our customers with on-demand video and audio content streamed over the Internet to certain Internet-connected mobiles, tablets, computers and other devices ("NextUp Supported Devices").

    The NextUp service is provided to you by NextUp Comedy Ltd, a limited liability company incorporated in the United Kingdom. These Terms & Conditions govern your use of our service. As used in these Terms & Conditions, "NextUp service", "our service" or "the service" means the service provided by NextUp Comedy, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

    Your NextUp Comedy membership will continue month-to-month until terminated. Unless you cancel your membership before your monthly renewal date, you authorise us to charge your next month's membership fee to your Payment Method (see "Cancellation" below).

    To use the NextUp service you must have Internet access and a NextUp Supported Device, and you must provide us with a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). You can find specific details regarding your membership with NextUp by visiting our website and clicking on the "My Account" link available at the top of the pages of the nextupcomedy.com website (the "NextUp Website").

  4. Subscription Free Trials

    Your NextUp membership may start with a trial. The Trial Period of your membership may last for thirty days, or as otherwise specified during sign-up, and is intended to allow new members and certain former members to try the service. You will be notified during sign-up whether you are eligible for a trial.

    We will bill your Payment Method for your monthly membership fee at the end of the trial period unless you cancel your membership prior to the end of the trial period. To view the monthly membership price and end date of your trial period, visit the NextUp Comedy Website and click the "Billing" link on the "My Account" page. You will not receive a notice from us that your paid membership has begun.

  5. Subscription Billing

    The membership fee for our service will be billed on a monthly, or 12-monthly basis to your Payment Method on the calendar day corresponding to the commencement of your paid membership. In some cases the timing of your billing may change, for example, if your Payment Method has not successfully settled. Visit the NextUp Website and click on the "Billing" link on the "My Account" page to see your next payment date.

    You can change your Payment Method by visiting the NextUp Website and clicking on the "My Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the service until we have obtained a valid Payment Method.

    You authorise us to continue billing the Payment Method, as it may be updated and you remain responsible for any uncollected amounts. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

    We may change our service plans and the price of our service from time to time; however, any price changes or changes to our service plans will apply to you no earlier than 1 month following email notice to you.

  6. Subscription Cancellation

    You can cancel your NextUp membership at any time, and you will continue to have access to the service through the end of your monthly billing period, except if you are in your Trial Period, in which case we may end your access to the service immediately. We do not provide refunds or credits for any partial-month membership periods. To cancel, go to the "My Account" page on the NextUp Website 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" on the "My Account" page.

    If you signed up for NextUp using your account with a third party (for example, Apple or Google) as a Payment Method and wish to cancel your NextUp membership at any time, including during your Trial Period, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the NextUp service through that third party. You may also find billing information about your NextUp membership by visiting your account with the applicable third party.

    We may terminate your subscription at any time if in our reasonable opinion you have breached any of the terms, conditions, codes or polices set out in these Terms or otherwise relating to the Service, your subscription or registration. In such circumstances termination will take effect immediately and you will not be entitled to any refunds.

    Nothing in these Terms shall affect your statutory rights as a consumer.

  7. Availability and Conditions of Use

    You can view the Service only in a territory where the Service is officially made available by us . If you are not resident in one of these territories, you are not authorised to access or view the service or content. Different content and subscription packages and prices may apply in different territories.

    The Service, and any content viewed through the service, is for your personal and non-commercial use only. Subject to the other conditions of access such as the requirement for a subscription, we grant you a limited, non-exclusive, non-transferable, licence to access Service and view the Video On Demand content on a streaming-only basis. You may not download, copy, rip or otherwise retain or store any of the Video On Demand content. Except for the foregoing limited licence, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances.

    You agree to use the Service, including all associated features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content.

    The Service must not be framed on any other site, nor may you establish a link to any part of the Service other than the home page. Otherwise you may link to the Service, provided you do so in a way that is fair and legal and which does not circumvent any financial revenue we may wish to make, does not damage our reputation or take commercial advantage of it or the content, or otherwise create financial revenue outside of the Service.

    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 Service, including any software viruses or any other computer code, files or programs.

    To use the Service, you must have internet access and a compatible device, with adequate internet download speeds. We shall not be liable for any failure due to any incompatibility (including, without limitation, minimum storage and memory requirements from time to time). You are responsible for making all arrangements necessary to access the Service. When accessing the Service over your mobile network, you may use and/or exceed your data allowance. Please make sure you are aware of your data allowance or use Wi-Fi where available. We are not responsible for any internet access, data or other charges you may incur when using the Service.

    We may update the Service and we may change the content and services at any time. We reserve the right to withdraw or amend the Service without notice. We will not be liable to you for any resulting loss or damage (to the extent we are allowed to restrict liability by law) if the Service is unavailable at any time for any period – unless you are a fee paying subscriber in which case we may reimburse you accordingly.

  8. Ownership, use and intellectual property rights

    The Service and all content (including but not limited to any programmes, video information, text, messages, articles, music, images, photographs, software and other content) is owned or licensed by us and/or our licensors. We and our licensors reserve all rights.

    Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered)) subsisting in any content or material on the Service belongs to us and/or our licensors. Nothing in these Terms grants you any rights in the service or the content within the service other than the limited access rights permitted herein.

    You may not at any time modify, copy, store, distribute, transmit, display, revise, perform, archive, download, reproduce, publish, license, deep-link, create derivative works from, transfer, scrape, crawl, extract, reutilise, or otherwise use any information, data or content obtained from or available through the Service unless expressly authorised by us.

    You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on the Service.

    Any software is made available for downloading such as apps is solely for your use in a personal, non-commercial manner. You may not reproduce, redistribute decompile, reverse engineer or disassemble any software or other products or processes accessible through Service.

  9. Disclaimers

    Whilst we use reasonable efforts to provide high quality products and services, we do not represent, warrant or promise (whether express or implied) that any content or information is or remains accurate, complete and up to date, or is fit or suitable for any purpose. Any reliance you place on the information or on the service is at your own risk. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or your statutory rights.

    The quality (or resolution) of the content you stream will depend on the device you are using, the capability of that device and/or your browser, the speed of your broadband or internet connection, your location, bandwidth available and configuration of your device.

    Occasionally the Service may not be available during any maintenance or update periods or any power or server outages or for other reasons outside of our reasonable control. We always do our best to ensure your access is uninterrupted and error-free, however we can’t guarantee this. If we need to suspend or restrict access to, or update, the Service or content, we will do its best to minimise any disruption to you.

  10. Links and third party sites

    The Service and/or the Content may contain links to third party websites and services. If you decide to visit any third party site or use a third party service, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites or services. Links do not imply that the Service is affiliated to or associated with such sites or services.

    Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to or from the Service, is subject to that operator’s own rules and policies. Please read those rules and policies before proceeding.

  11. Warranties and limitation of liability

    We warrant that we will provide the Service with reasonable skill and care and substantially as described in these Terms.

    We make no warranty that the Service will meet your requirements, or that the content will be accurate or reliable. Nor do we warrant that the functionality of the website will be uninterrupted or error free, that defects will be corrected or that the website is free of viruses or anything else which may be harmful or destructive.

    Other than any express warranties, the Service is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without further warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

    To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you, including in relation to any indirect or consequential losses.

    In any event our maximum liability to you is capped at the amount equivalent to the fees paid by you in the preceding 12 months.

    We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us or for any other statutory rights which are not capable of being excluded.

  12. Indemnity to us

    If you are in breach of any of these Terms, you will be responsible for and agree to indemnify us in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities (including reasonable legal fees) incurred by us in relation to or arising from such a breach.

  13. Notices

    We reserve the right to vary these Terms from time to time. By continuing to use and access the Service you agree to be bound by any variation made by us. It is your responsibility to check these Terms of use from time to time to verify such variations.

    These Terms contain the entire understanding and agreement between us and you in relation to your use of the Service and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.

    Should any part of these Terms for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.

    These Terms are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England.

  14. Contact Us

    If you have an enquiry or complaint about the Service, you should contact our customer services team at support@nextupcomedy.com and we will try to answer your enquiry or resolve any complaint as soon as possible.