Terms and Conditions

Terms and Conditions

Last updated: September 2022

Welcome.

Welcome to Recast’s Terms & Conditions (our “T&Cs”). When we define words and phrases in these T&Cs, they will have that meaning wherever else they are used in these T&Cs when they start with capital letters. A helpful list of the terminology we use can be found in our Glossary.

About Recast

The Recast service offers on demand videos, audio content and live streams (“Videos”) available to watch and listen to online, including via the Recast application available at watch.recast.tv or the.recast.app (the “Fan Site”). We may also make the Fan Site (or bespoke versions of it) available or accessible via certain third party websites, applications and digital TV platforms (“Third Party Platforms”). Where you access the Fan Site via such Third Party Platforms, additional terms may apply in addition to these T&Cs and some of the features of the Fan Site may differ.

Videos are uploaded to the Fan Site by individuals or entities who are invited and authorised by us to do so (“Publishers”). Publishers are granted access to a separate website (“Recast Publish”) from which the they can upload and manage their Videos.

The Fan Site has its own reward credits, known as “Cast Credits”. Cast Credits can be earned or purchased (see further sections 2.5 and 2.6 below) and are redeemed in return for watching Videos on the Fan Site.

The Fan Site, as available at watch.recast.tv or the.recast.app, is a progressive web app. It is accessed online via an internet browser. You don’t need to download the Fan Site or install it onto your device but you can download a shortcut to the Fan Site onto your device for easy access. If you access the Fan Site via a Third Party Platform, you may need to take additional steps to gain full access may apply.

The Fan Site, Recast Publish and any other Recast websites, software applications and technologies owned by us are together referred to as the “Platform”.

Who we are

The Platform is made available by Recast Sports Limited, a company registered in England and Wales with company number 11507205 whose registered address is at 36 Spital Square, Fourth Floor, London, United Kingdom, E1 6DY (uswe or our).

How we refer to you, and which terms apply to you

We refer to everyone who accesses or uses the Fan Site (whether directly or via a Third Party Platform) a “User”.

If you create a Fan Account to access the Fan Site, we refer to you as a “Fan”. All Users can view previews of Videos and see other areas of the Fan Site without a Fan Account. To be able to view Videos in full, and to earn, purchase and redeem Cast Credits, you will however need to create a Fan Account and become a Fan.

If you create a Fan Account and become a Fan then all of these T&Cs, including the General Terms and Fan Terms (see below), apply to your use of the Fan Site.

If you do not create a Fan Account, the Fan Terms will not apply to you but all other sections of these T&Cs will apply to you.

Please note that if you are one of our authorised Publishers, or you work for or with a Publisher, you will need to register a Fan Account and agree to these T&Cs before being given access to Recast Publish.

In these T&Cs when we refer to “you” and “your”, we are referring to you as a User of the Platform.

Other Key terminology

We use the term “Content” in its widest sense to describe all videos, audio content, live stream video and audio content, images, graphics, pictures, text, messages, emojis, reactions, sounds, information, applications, code, data, materials or any other content in whatever format and whether known now or invented in the future.

“Fan Details” refers to the information a Fan submits to the Fan Site or third party Platfrom when signing-up for a Fan Account (including their Platform ID), when updating their Fan Account details, or when responding to optional requests from us to provide further personal information.

“Fan Content” refers to any Content submitted by a Fan which is published on the Fan Site by the Fan using any of the services we make available to them via the Fan Site (including the Live Chat functionality). Fan Content includes any aspects of a Fan’s Platform ID which will be displayed on the Fan Site and seen by other Users.

“Publisher Account” refers to an account set up by a Publisher to give them access the Recast Publish site.

“Publisher Content” refers to any Content which a Publisher decides to upload, stream, publish or otherwise make available on the Fan Site for other Users to view. Publisher Content includes the Videos (which may include video and/or audio files) which are published or live streamed by (or on behalf of) a Publisher on a Publisher’s Channel, the title of a Video, any description and cover image associated with a Video, Live Chat messages of Publishers and a Publisher’s Channel name(s) and cover images.

“Channel” refers to the collection of Videos that a Publisher has shared or published from their Publisher Account, curated into a designated channel on the Publisher’s page.

Only we or Publishers can publish Publisher Content to the Fan Site.

Each time a User watches a Video (or for audio content, listens) beyond the preview, this constitutes a “View”.

Your acceptance of these T&Cs

By accessing and using the Fan Site you accept these T&Cs and agree to be legally bound by them. If you do not agree to these T&Cs, you must discontinue use of the Fan Site and if you’ve downloaded a shortcut to the Fan Site on your device we recommend that you delete this.

By accessing and using the Fan Site you also acknowledge that your information will be used in accordance with our Privacy Policy and that our Cookies Policy applies.

Please review these T&Cs, our Privacy Policy and our Cookie Policy and save a copy of them for your future reference.

If you are accessing and using the Fan Site on behalf of a company or similar legal entity, you confirm that you have the authority to bind that legal entity to these T&Cs and “you” shall refer to both you as an individual and the legal entity on whose behalf you are accessing and using the Fan Site.

Right to update T&Cs

From time to time we may change, update or revise these T&Cs and the policies they refer to.

Any revised terms or policies will be made available to you at https://recast.app/about/website-terms and a notification of any material changes will either be displayed prominently on the Fan Site or emailed to you. Please take a moment to read the changes. If you continue to use the Fan Site after we make the changes, you will be deemed to agree to the changes. If you do not agree to the changes, you should not use the Fan Site.

Where we make changes to these T&Cs in an adverse way to you (unless such change is to comply with applicable law or regulation), we will notify you in advance and give you the opportunity to terminate your Fan Account if you are unhappy with those changes, in accordance with our Refund policy.

This version of our T&Cs is effective from 1st September 2022.

A. Fan Terms

  1. Your Account
    1. Registering a Fan Account
      To become a Fan and begin earning, purchasing and redeeming Cast Credits to watch Videos beyond their preview you need to register an account as a Fan (a “Fan Account”). Each Fan may only have one Fan Account.

      When creating a Fan Account you need to provide certain personal information about yourself and you must ensure this information is true and accurate. You must keep this information up to date.

      When you sign up we will assign you a username. You can create your Platform ‘identity’ (your “Platform ID”) in the Settings area: this may include a ‘handle’, account name, Chat Display Name, and a profile image. Your Platform ID can be chosen by you but must not be misleading. As a Fan, depending on the functionality you use within the Platform, some or all of your Platform ID may be seen by other Users.

      When registering you will be prompted to select a password. You must keep your password secure. We recommend that you change your password from time to time to assist with security.

      If you believe someone has accessed the Platform using your details and password without your authorisation, it is your responsibility to set up a new password.

      You can amend your personal details, your Platform ID (other than usernames), and your password at any time by accessing your Fan Account via the Settings area.

      Your Platform ID (and any element of it, for example your account name or profile image) must not: (i) be obscene or offensive, (ii) infringe any third party rights, (iii) mislead anyone as to your identity, or (iv) otherwise (in our absolute discretion) be considered inappropriate. We may ask you to change any element of your Platform ID at any time, or change it directly ourselves (in which case we will send a message to your registered email address explaining this).
    2. Deleting your Fan Account or Content
      You can ask us to delete your Fan Account at any time by selecting “Delete My Account” in the Settings area.

      We will delete your Fan Account within 30 days of receiving your request but we may retain relevant metadata (such as credit ledger history) on our systems for accounting and audit reasons for as long as is necessary to fulfil our legal and/or contractual obligations and/or for other legal purposes.

      You will have no right to retrieve your Fan Content save as set out in our Privacy Policy.

      For further information about how we retain your personal information following deletion of your Fan Account, please see our Privacy Policy.

      We may suspend and/or permanently deactivate or delete your Fan Account if we have reason to believe that you are in breach of these T&Cs.

      Once we have deleted your Fan Account and Fan Content, it cannot be recovered. We recommend that you keep a copy of all of your Fan Content.

      You will no longer be able to earn Cast Credits and you will lose all Cast Credits that are credited to your Fan Account when your Fan Account is deleted or deactivated (subject to any refund you are entitled to in accordance with our Refund policy).
  2. Cast Credits
    1. About Cast Credits.
      Cast Credits are reward credits issued by us, and can only be used within the Platform. Cast Credits can either be purchased from us or can be earned within the Platform.

      Cast Credits are only available from us, and we are the only entity that accepts Cast Credits. All Cast Credit transactions are made through us, meaning:
      • When you redeem Cast Credits, you transfer your Cast Credits to us; and
      • When you earn Cast Credits we transfer Cast Credits to you. Cast Credits cannot be sold, transferred, traded or otherwise redeemed for monetary value. When you redeem Cast Credits, you are not entering into contract with the applicable Publisher.
    2. Redeeming Cast Credits to watch Videos
      You can redeem Cast Credits to View Videos on the Platform. The number of Cast Credits you need to redeem to View any Video (the “Price”) is stated on the preview of each Video.

      If you want to watch more than the preview of a Video, click “keep watching” or “watch” and we will automatically deduct the number of Cast Credits equal to the Price from your Wallet (as defined in section 2.4).
    3. Replays
      Once you've Viewed a Video it will normally be accessible to View again (a “Replay”) in your “Library” without you needing to redeem any more Cast Credits for at least 7 days, unless:
      • it's a live stream;
      • the Video has been deleted or unpublished from the Platform for any reason;
      • the Video has not been made available for subsequent viewing, has been made available for Replays for less than 7 days from the date of the first View, or the Video has been made available for a limited number of Replays (in which case this will be explained at the point the Cast Credits are redeemed for the first View of the Video); or
      • it’s a “Watch & Earn Video”.
    4. Your Recast Wallet
      You can check the number of Cast Credits you have available to redeem at any time via your Recast virtual wallet (your “Wallet”) in the Platform.

      If you do not have sufficient Cast Credits in your Wallet to cover the Price of a Video you will not be able to View it and you will need to earn or purchase more Cast Credits (see our Rewards Policy).
    5. Earning Cast Credits
      You can earn Cast Credits in accordance with our Rewards Policy.
    6. Purchasing Cast Credits
      Cast Credits can only be purchased from us, and can only be used by redeeming them through us in accordance with these T&Cs.

      When you purchase Cast Credits from us you will pay us in pound sterling (or such other currencies as we may accept from time to time) using the payment methods we accept (see further here). Upon receipt of your payment, we will automatically convert this to Cast Credits at the rate we specify when you purchase them.
    7. Refunds
      Cast Credits cannot be redeemed for cash. However, if you have purchased Cast Credits from us, our Refund policy applies.
  3. Your responsibility for your Content
    You are solely responsible for all Fan Details and Fan Content you submit to the Platform.You confirm that:
    • all of your Fan Content complies with our Acceptable Use Policy;
    • all of your Fan Content has either been created by, and is owned by, you, or, you otherwise have all the necessary rights, consents and permissions to submit it to the Platform;
    • your Fan Content will not infringe the rights of any third party (including any privacy rights, intellectual property rights, moral rights or rights in performances) when it is used on the Platform or in accordance with the rights you grant to us in section 4 below;
    • if your Fan Content features the personal data of any individual other than you (including their name or other personal information) you have obtained the relevant individuals’ consent (or have other lawful grounds) to feature their personal data as used in your Fan Content;
    • all of your Fan Details, and any information contained in your Fan Content, is accurate and not misleading; and
    • your Fan Content complies with, and will not cause us or any other User to be in breach of any applicable law. We may (but are not obliged to) monitor and moderate your Fan Content and the Content of other Users published on the Platform.If we have reasonable grounds to believe that any of your Fan Content infringes the rights of any third party and/or is otherwise in breach of these T&Cs (including our Acceptable Use Policy), we may delete such Fan Content without prior notice to you. We may also, acting reasonably, disclose your identity to any third party who is claiming that your Fan Content infringes their intellectual property rights, right to privacy or other rights.
  4. Permission to use your Fan Content
    1. Our right to use your Content
      You grant us the right to use your Fan Content on the Platform and in connection with the promotion of the Platform, our Publishers and their Publisher Content. More specifically, you grant us a worldwide, irrevocable, non-exclusive transferable, royalty-free licence (which is unlimited in time) to:
      • (a) use, host and store all of your Fan Content to operate and provide the necessary functionality of the Platform;
      • (b) publicly display, broadcast, transmit, and make available your Fan Content to other Users via the Platform (in each case in the form you submit it to the Platform, save that we may translate your Fan Content, and make such other modifications as we may deem necessary to ensure it complies with these T&Cs);
      • (c) copy and use your Fan Content to promote us, the Platform, Publishers, Channels and Publisher Content, in any media (including via social media channels, in advertising and in promotional materials); and
      • (d) to use your Fan Content for any other purposes as may be required by law.
    2. How long we can use your Content for
      The rights you grant us above are not limited by time and will continue (in accordance with section 1.2) after you delete your Fan Account or any Fan Content, and after you unpublish or delete any Fan Content.
  5. Live Chat
    As a Fan, you may be able to use and interact with the Publisher and other Fans via the ‘live chat’ functionality during certain live streamed Videos made available by a Publisher (“Live Chat”).You will be asked whether you wish to publicly display your Fan Account username to other Fans when using Live Chat, or otherwise to enter an alternative display name for the Live Chat (“Chat Display Name”). In respect of the Fan Content you make available in the Live Chat feed, we draw your attention specifically to section 3 of these Fan Terms above (Your responsibility for your Fan Details and Fan Content) and section 2 of the General Terms (Prohibited Activities). In respect of Fan Content made available by other Users to you in the Live Chat feed, we draw your attention to section 4 of the General Terms (Content & Raising Concerns). Messages inserted into the Live Chat feed may be subject to a character limit

B. General Terms

  1. Who Can use the Platform
    1. Age Restriction
      You must be at least 16 years old to access and use the Platform. We reserve the right to request proof of age at any stage so that we can verify your age.If you are 16 or 17 years old, you must have the consent of your parent or guardian to access and use the Platform. You should review these T&Cs with them.If you are a parent or guardian of a User or Guest who is under 18, by allowing them to use the Platform, you agree to be bound by these T&Cs and you are responsible for their use of the Platform.
    2. Prohibited users
      You must not use the Platform if:
      • you are prohibited from doing so by any applicable law; or
      • we have previously deleted a Fan Account of yours or blocked you from the Platform because you were in breach of our T&Cs or any applicable law
  2. Prohibited Activities
    Except as expressly permitted in these T&Cs, you shall not, and shall not permit or encourage anyone to:
    • use the Platform in violation of applicable laws, our T&Cs or policies, including our Acceptable Use Policy;
    • use the Platform in any way that infringes, misappropriates, or violates any privacy, intellectual property, or other rights of any third party;
    • copy, sell, use, distribute, or make available any Content of us or any other User which is published on the Platform, or any other data collected from the Platform and for the avoidance of doubt you may not embed Videos of other Users on other websites or apps and you may only provide links to Videos on the Fan Site using the Platform’s functionality;
    • use any bots, “click farms”, “click fraud” or similar methods to artificially increase the number of Views of Videos, or the amount that may be earned by Users (whether in Cast Credits or cash);
    • use the Platform in a way that is derogatory, libellous, threatening, offensive, harassing, deceptive, abusive, promoting of violence or any illegal activities;
    • falsely give the impression that we endorse you or your Content;
    • act in a manner that may be perceived as damaging to us, the Platform or our service providers' reputation and goodwill, or which may bring us, the Platform or our service providers into disrepute or harm;
    • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Platform without our express written consent;
    • gain unauthorised access to any part of the Platform;
    • circumvent, disable or otherwise interfere with security-related features of the Platform, or with features that prevent or restrict use of the Platform;
    • copy, modify, translate, decompile or reverse engineer the Platform including by attempting to derive the source code of the Platform;
    • make a derivative work of the Platform, or use the Platform to develop any service or product that is the same as, or substantially similar to, or that competes with the Platform;
    • create software which replicates or mimics the data or functionality in the Platform;
    • publish, transmit, or link to any robot, spider, crawler, virus, malware, Trojan horse, spyware, or similar malicious code or item intended (or that has the potential) to damage, disrupt, compromise, or exploit the Platform;
    • use any automatic or manual process to monitor or copy our web pages (or the Content or data contained on the Platform);
    • use the Platform in any way or take any action that causes, or may cause, damage to the Platform or impairment of the performance, availability or accessibility of the Platform; or
    • attempt to do any of the acts listed above.
  3. Notification of infringing Content
    If you believe that any Content has been made available on the Platform in such a way that constitutes infringement of another party’s intellectual property rights (“Protected Work”) , please contact us at infringement@recast.tv with the following information:
    • an electronic or physical signature of the person authorised to act on behalf of the rightsholder of the Protected Work;
    • a description of the Protected Work that you believe has been infringed upon (including if relevant the territories in which the Protected Work is protected);
    • a full description of where on the Platform the infringing Content can be found (including the relevant URL);
    • your address, telephone number, and e-mail address;
    • a statement by you that in your reasonable belief, the use or publication of the infringing Content on the Platform is not authorised by the rightsholder of the Protected Work, its agent, or the law and the legal basis on which it is infringing; and
    • a statement by you that the information contained in this notice, and any other information we may reasonably require from you in order to enable us to resolve the issue of intellectual property rights infringement (whether actual or alleged) is accurate and that you are either the rightsholder with the applicable legal rights in respect of the Protected Work or authorised to act on the rightsholder’s behalf.We shall use our reasonable endeavours to review your request and take, in our sole discretion, appropriate action with respect to such Content.
  4. Content & Raising Concerns
    The Platform enables Publishers to display, transmit and upload Publisher Content, including Videos. Fans can also submit Fan Content which may be displayed on the Platform, including via the Live Chat functionality made available during certain live streamed Videos. We do not routinely review, monitor or moderate Videos or other Publisher Content and, although a Publisher has discretion to moderate the Live Chat feed on its own live streams, we do not routinely review, monitor or moderate Fan Content. As such we cannot guarantee the accuracy, integrity or quality of Publisher Content or Fan Content. By using the Platform, you agree to assume this risk and acknowledge that all Publisher Content and Fan Content is made available on the basis that we are not required to exercise any control or judgement over Publisher Content or Fan Content. The views expressed in any Publisher Content or Fan Content are the views of the individual authors and not ours, unless specified otherwise by us. We disclaim all liability in respect of any comments, views or remarks expressed in any Publisher Content or Fan Content. It is a known risk of internet usage that people are not necessarily who they say they are. People may provide information or behave in a way that is unreliable, misleading, unlawful or illegal. We have no way of telling if statements made by other Users are true. You should therefore exercise some degree of caution when using any website or app. By using the Platform you accept that you use the Platform at your own risk. If you have concerns of this nature in relation to any Publisher Content or Fan Content on the Platform, please use the “Report” function available via the ellipsis (…) icon available on each Video or in each Live Chat. We shall use our reasonable endeavours to review your concerns and take, in our sole discretion, appropriate action with respect to such Publisher Content.
  5. Availability of Platform
    We provide the Platform on an “as is” and “as available” basis. We give no warranty that the Platform will be free of defects and/or faults, that defects will be corrected or that the Platform or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Whilst we will use reasonable endeavours to ensure that the Platform is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and you are responsible for your own security, that of your personal details and your computer, tablet, smartphone, laptop or other device that you use for accessing the Platform. We accept no liability for any disruption or non-availability of the Platform. We are under no obligation to update information on the Platform. We reserve the right to alter, suspend or discontinue any part (or the whole of) the Platform. These T&Cs shall continue to apply to any modified version of the Platform (or any part of it) unless it is expressly stated otherwise.We provide all Content available on the Platform in such format types as we determine.Your computer, tablet, smartphone, laptop or other device that you use for accessing the Platform must be of sufficient technical specification to be able to view Content in such formats and sizes as we provide. We do not accept any liability for your inability to receive, access or otherwise view Content on the Platform resulting from the incompatibility of your computer, tablet, smartphone, laptop or other device and/or their associated systems with the required technical specifications. You are responsible for all charges that your mobile network and/or internet service provider may apply in respect of your use of data in connection with your use of the Platform. If you are not the bill payer for the device being used to access the Platform, you must obtain, and will be assumed to have received, permission from the bill payer for using the Platform.
  6. Obligation to update to latest version
    We may update some or all of the Platform and/or any of the functionality and/or Content made available through it at any time and for any reason, for example to improve performance, enhance the user experience, reflect changes to operating systems or address security issues. Alternatively, we may ask you to update parts of the Platform for these reasons.If you choose not to install such updates or if you opt-out of automatic updates (where applicable) you may not be able to continue using the Platform or functionality may be impaired.
  7. Termination and suspension of Accounts
    1. Termination by us
      We may, at our sole discretion, without notice and without liability to you, immediately terminate or suspend your Fan Account, or block your use of the Platform, in the event that we reasonably consider that:
      • (a) you have violated these T&Cs;
      • (b) you have violated any of our policies (including our Acceptable Use Policy); or
      • (c) you work for or with a Publisher and use your Fan Account in connection with that Publisher’s activity on the Platform, and that Publisher is in breach of their agreement with us. If we terminate your Fan Account on those grounds, you shall not be entitled to any refunds and any Cast Credits in your Wallet at the date of termination will be lost. If your Fan Account is suspended, you will not be able to use the Platform during any period of suspension. We may also terminate or suspend your Account:
        - if we decide to no longer provide the Platform, for example due to technical, financial or legitimate business reasons; or
        - for any reason on 30 days’ notice to you.
    1. Termination by you
      If you no longer want to use the Fan Site please stop accessing it and, if you have a Fan Account, please delete your Fan Account (see section 1.2 of the Fan Terms). When you delete your Fan Account, your agreement with us will be immediately terminated and any Cast Credits in your Wallet at the date of termination will be lost (subject to any refund you are entitled to in accordance with our Refund policy).
  8. Recast IPR
    We and/or our licensors own all rights, title and interest (including intellectual property rights) in and to the Platform. Other than as expressly set out in these T&Cs, we do not grant you any right in respect of the Platform or any other materials. This means, for example, that using the Platform does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed via the Platform).Any rights not expressly granted to you in these T&Cs, are hereby reserved.
  9. Third party links
    The Platform (and emails that we send to you in connection with the Platform) may include links to third party websites, applications and/or other digital properties (“Third Party Properties”) that are controlled and maintained by third parties. If you decide to visit any Third Party Properties or use a service made available through, or purchase products via, a Third Party Property, you do so at your own risk. It is your responsibility to satisfy yourself as to the reputation of the relevant third party and the services they offer. We are not responsible for the content, accuracy or opinions expressed on Third Party Properties. Links that we make available to websites or services do not imply that we are, or our Platform is, affiliated to or associated with such websites or services. Your interaction with any Third Party Properties is subject to the relevant third party’s own terms and policies. In particular, third parties may process your personal data in accordance with their own privacy notices. Please read all applicable terms and policies of the relevant third party before using a Third Party Property and/or using a service made available through, or purchasing products via, a Third Party Property.
  10. Indemnity
    You shall indemnify us and hold us harmless from all damage, costs and expenses (including reasonable legal fees) incurred by us as a result of any claim arising out of any breach by you of these T&Cs and/or in connection with any Fan Content uploaded by you.
  11. Limit on liability
    1. Consumers have certain legal rights when using our Platform. These are also known as “statutory rights” as they are derived from laws such as the UK Consumer Rights Act 2015. Nothing in these T&Cs affects these rights.
    2. Whether you are a consumer or a business user, our liability to you is not excluded or limited in any way which applicable law does not allow us to exclude or limit. In particular, nothing in these T&Cs excludes our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
    3. Except as expressly and specifically provided in these T&Cs, you assume sole responsibility for your use of the Platform, your Cast Credits, any Content you submit to the Platform, and any information you otherwise provide to us.
    4. To the extent permitted by applicable law, we will not be responsible to you for:

      (a) losses that were not caused by our breach of these T&Cs or our negligence;
      (b) any losses to the extent they are caused by your use of the Platform in breach of these T&Cs; or
      (c) any loss or damage that was not foreseeable (meaning that when you accepted these T&Cs it was not obvious that such loss or damage would occur, and we and you did not know that it might reasonably occur).
    1. We are not responsible for any Content uploaded or submitted to the Platform by Users, save that, if you are a Fan, we will apply our Refund policy if you are dissatisfied with Content on the Platform and notify us in accordance with that policy. We will not be responsible for the conduct of any User on the Platform, including any defamatory, offensive or illegal conduct but please report such conduct to us using the please use the “Report” function available via the ellipsis (…) icon available on each Video.
    2. We are not responsible to you for any errors or omissions in any part of the Platform save that, if you are a consumer and you can show that a fault with the Platform has damaged your device and we have not used reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be responsible for damage which you could have avoided if you installed updates recommended by us (provided these updates are offered to you free of charge), or for damage which was caused by you failing to have in place the minimum system requirements advised by us.
    3. If you are a consumer, to the extent permitted by applicable law, we will not be responsible to you for any business loss or damage.
    4. If you are not a business user of the Platform, subject to section 11.2 above, we shall not be liable under or in relation to these T&Cs, or in relation to your use of the Platform, (however arising and including as a result of breach of contract, statutory duty or tort (including negligence)) for:

      (a) any direct or indirect:
      (i) loss of profits;
      (ii) loss of contracts;
      (iii) loss of business;
      (iv) loss of goodwill;
      (v) loss or corruption of data; or

      (b) any indirect or consequential loss or damage of whatever nature and howsoever caused, even if we been advised of the possibility of such damages or losses.
    1. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from these T&Cs to the fullest extent permitted by law.
    2. Subject to the other provisions in this section 11 and our Refund policy, our total aggregate liability to you (whether you are a consumer or a business user) under or in connection with these T&Cs shall be limited to £100.
  12. General
    1. Assignment
      You will not assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these T&Cs, without our prior written consent.
    2. Severance
      If any provision (or part of a provision) of these T&Cs is found to be invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section 12.2 shall not affect the validity and enforceability of the rest of these T&Cs.
    3. Third Party Rights
      These T&Cs are only enforceable by you and us. No term of these T&Cs shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 (or otherwise) by anyone else.
    4. Governing law and jurisdiction
      These T&Cs and any dispute or claim arising out of or in connection with them, their subject matter or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. If you are a consumer, you may have a right to bring a claim in your local jurisdiction. In all other cases, you and we agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these T&Cs.
  13. Raising concerns
    1. If you have an enquiry or complaint about our Platform, please submit a support request at support@recast.tv or use the Report functionality within the Platform available via the ellipsis (…) icon available on each Video.

If we are unable to resolve your complaint and you wish to raise a dispute or bring a claim against us, you agree to first seek to resolve this informally with us and if this is not possible, we will offer to engage in an impartial out-of-court dispute resolution procedure with you.