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TERMS AND CONDITIONS OF USE
 

1. About Us

1.1       Hello and welcome to the world of DAZN. We are a subscription service that provides subscribers with access to a wide range of sports events from around the world streamed to a range of devices including Internet-connected TVs, computers and other platforms ("DAZN Service"). To enhance your enjoyment of the DAZN Service we will also provide recommendations of broadcasts you might be interested in and other interesting sports information.
1.2       The DAZN Service is provided to you by Perform Investment Limited (“We", "Us").
 

1. Key Terms of Use

2.1       We provide an online video service offering (among other things) streaming of sporting events (both live and on-demand), highlights of sporting events and other related content (collectively ""Content""). The Content is usually subject to certain restrictions (including, but not limited to, certain territorial restrictions). You will be able to access and enjoy the DAZN Service within any country where the DAZN Service is available although the Content will vary from territory to territory.
2.2       Please read these Terms and Conditions of Use ("Conditions") before subscribing to the DAZN Service.
2.3       We can modify these Conditions at any time for any reason including, by way of example only, a change to applicable law or to ensure better functionality of the DAZN Service. Any material revisions to these Conditions will be notified to you by us via email notice to the most recent email address we hold for you. Any changes to our payment terms will also be notified to you directly. You acknowledge that you have read and understood (and agree to be bound by) these Conditions (as may be amended from time to time) when you use the DAZN Service.
2.4       The DAZN Service and any content viewed through the DAZN Service are for your personal and non-commercial use only. When you are a DAZN Service subscriber, we grant you a limited, non-exclusive, non-transferable, license to access the DAZN Service and to view the Content on a streaming only basis. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You agree not to use the DAZN Service for public performances.
2.5       Your subscription with us is conditional on any required payment due from time to  time being authorised by your supported payment provider or your subscription code or promotional code being valid (if applicable) and is at all times subject to these Conditions. For the avoidance of doubt, payment will only be accepted from a payment provider based in the territory from which you wish to sign up to the DAZN Service.
2.6       You agree that we may share information with third party rights holders in relation to the Content which is viewed by you when using the DAZN Service. Such information shall be shared on an anonymous basis.
2.7       We may terminate our agreement with you at any time for any reason including but not limited to non-compliance with these Conditions by you or due to you causing disruption to the DAZN Service. If we terminate your agreement with us other than as a result of your breach or other reasons relating to regulations, you may be entitled to receive a refund of any amounts you have pre-paid for the DAZN Service.
 

1. Free Trials

3.1       If you are lucky enough to be offered a free trial of the DAZN Service, any free trial period will be specified to you during the sign-up process. We may provide offers and discounts in respect of the DAZN Service including a free trial at any time. Such offers may not apply to your individual account. For the avoidance of doubt, any offers or discounts that you may receive, may be subject to additional terms and conditions which either supercede or supplement these Conditions. In the event of a conflict between these Conditions and the additional terms and conditions, the additional terms and conditions shall prevail.
3.2       We will bill your Payment Method (as defined below) for your monthly subscription fee of the following month at the end of the free trial period unless you cancel your subscription prior to the end of the free trial period. For example, if you sign up for a month’s free trial on 10 September, you will be charged on 10 October. To view the monthly subscription price and the end date of your free trial period, visit our website and click on the "My Account" page.
 

1. The Financials

4.1       You are fully responsible for all charges relating to and equipment required for use of the DAZN Service.
4.2       Your subscription will only cover access to the DAZN Service. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. All our prices are exclusive of tax at the rates in force from time to time.
4.3       Payment must be made by credit card; debit card; or through Paypal (“Payment Method”). You confirm that any such Payment Method that you use is yours, or that you have the authorisation of the card or account holder to use it. All accounts and Payment Methods are subject to validation checks and authorisation by the Payment Method provider. If your Payment Method is refused then you will not be granted access to the DAZN Service until a validated Payment Method is provided by you and approved by us.
4.4       We reserve the right to refuse payments at our reasonable discretion.
4.5       The fee to be paid for use of the DAZN Service will be billed on a monthly basis to your chosen Payment Method on the calendar day corresponding to the commencement of your paid subscription. In some cases the timing of your bill may change, for example if your subscription began on a day not contained in a given month. We will process your payment on a secure site.
4.6       You can change your method of payment by visiting our website and clicking on the "My Account" link, or by doing so through our app.
4.7       We may change our service plans and the price of the DAZN Service from time to time. Any price changes or material changes to our service plans will apply to you no earlier than thirty (30) days following the issuing of email notice by us to you via the most recent email address we hold for you.
 

1. Termination by You

You may cancel your subscription to the DAZN Services by logging in on the “My Account” page and clicking on the "Cancel Membership" button. You may cancel your subscription to the DAZN Service at any time prior to the expiry of your subscription period, but you will continue to have access to the DAZN Services for the duration of your subscription period. We do not refund any subscription fees paid in case of your cancellation. When you acquire a subscription, you acknowledge and agree that for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 of UK (or any similar legislation in any other relevant jurisdiction) (the “DSRs”), the provision of the DAZN Service pursuant to such subscription shall commence immediately upon you initially logging in (or being logged in) to your account on the website and accordingly, at such time, any cancellation rights under the DSRs shall not apply to such transaction.
 

1. Technical Requirements

6.1       You are responsible for ensuring that you have and maintain all the hardware and software necessary to access, receive and view the DAZN Service.
6.2       We will use our reasonable endeavours to ensure that the DAZN Service is made available to you at all times. However, the DAZN Service is provided on an "as is" basis. We will not have any liability to you for the cancellation or abandonment of any event or the failure to show any event as scheduled or advertised, nor where you are unable to watch any event on any specific platform device.
6.3       From time to time we may need to suspend the DAZN Service to carry out upgrades or maintenance. We will try to keep any such suspension to a minimum.
6.4       We will provide the DAZN Service with reasonable care and skill. Apart from this we make no representation or warranty (and exclude all warranties and conditions otherwise implied, to the fullest extent permitted by law). This does not affect any other statutory rights you may have as a consumer.
6.5       The quality of the display of the streaming of sport events may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection.
6.6       A minimum download speed of at least 9.0 Mbps (i.e., megabits per second which means the speed in which the data is being transferred to the device) per stream is recommended to receive HD content, which is defined as 720p (i.e., pixels which means the amount of pixels on the screen) or better. You should check with your ISP for information on possible Internet data usage charges.
6.7       The streaming software used to deliver the DAZN Service may vary by device and medium, and functionalities may also differ between devices. You acknowledge that the use of the DAZN Service may require third party software that is subject to third party licenses.
 

1. Using the DAZN Services

7.1       We are the owner or licensee of all intellectual property rights in the DAZN Service (including any Content). All material, including but not limited to the design, text, software, graphics, footage and images you receive (and any selection or arrangement) are subject to the copyright of us and/or others. You agree that you will:
 (a) use the DAZN Service for non-commercial purposes only without making any gain, whether financial or otherwise, and that you will not permit any other person or persons to use the DAZN Service. You must not charge for viewing of the DAZN Service and you cannot use the DAZN Service to attract others to buy goods from you or anyone else or to attend any premises;
 (b) at any given time, only view the DAZN Service via a permitted device. You must keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others;
 (c) not copy, record or store all or any part of the DAZN Service (other than as permitted by us in the application functionality) or divert, re-share, re-transmit, stream capture or otherwise distribute all or any part of the DAZN Service to any person, or authorise, enable or procure any other person to do any of the above;
 (d)not alter, disassemble, decompile or reverse engineer any part of the DAZN Service;
 (e) not view the DAZN Service in circumstances where members of the public can view them simultaneously or authorise, enable or procure any other person to do so; and
 (f) not abuse the DAZN Service or use them for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through the site, or using the site in a manner which violates or infringes the rights of anyone else ).
7.2       We may suspend your access to the DAZN Service if your use of the DAZN Service is abusive, excessive or against the interests of other subscribers or we have reasonable grounds to determine that you are in breach of any of these Conditions or if we are requested to do so by a regulatory authority.
7.3       Your subscription entitles you to use the DAZN Service on a maximum of two (2) devices at any one time. In accordance with Clause 7.1 (b) above, you agree that the login details are unique to you and should not be shared with any other person. You can change your login details at any time by visiting our website and clicking on the "My Account" page.
7.4       We retain the right to remove, or alter, any content made available through the DAZN Service at any time, without providing notice to you.
 

1. Your Security Protection

You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the DAZN Service and not through a hyperlink in an email or any other electronic communication, even if it looks official.

1. Age Restriction

 
You must be 20 years of age or over to become a user of the DAZN Services.
 

1. Indemnity

 
You agree to fully indemnify us and/or any third party rights holder and any affiliates of us and/or any third party rights holder and our and any third party right holders respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:
 (a) any misrepresentation, act or omission made by you in connection with your use of the DAZN Service;
 (b) any non-compliance by you with these Conditions; or
 (c) claims brought by third parties arising from or related to your access or use of the DAZN Service other than in accordance with these Conditions.
 

1. Liability

 
11.1      To the extent permitted under the applicable law, unless agreed otherwise in writing, the maximum liability of each of us and any third party right holder to you arising by reason of or in connection with the supply of the DAZN Service to you shall be limited to the amount paid by you in respect of the DAZN Service (“Payment Amount”). Neither us nor any third party rights holder shall in any event be liable to you for:
 (i) any direct loss in excess of your monthly subscription fee; or
 (ii) any corruption to data or any indirect or consequential loss whatsoever.
Nothing in these Conditions shall exclude or limit the liability of us and/or any third party rights holder and death or personal injury due to its negligence or for its fraud. This does not affect your statutory rights as a consumer.
 
11.2      Where the DAZN Service contains links to sites and resources provided by third parties, we have no control over the contents of those sites, resources or services. Any use of such third party sites, resources or services will be covered by that third party's terms and conditions and privacy policy, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
11.3      Commentary and other materials posted on the DAZN Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of the DAZN Service, or by anyone who may be informed of any of its contents.
 

1. Contact Us

12.1      You can contact us whether to discuss technical problems or for any other reason by using the contact us form located at http://help.dazn.com/contact or through the contact us section of our app. In order for us to be able to assist you, you may be required to provide your e-mail, residential address, product details, payment information.
12.2      If you subscribe to the DAZN Service, you should notify us immediately if any of your details change by updating these details in the “My Account” section of our website or through the application.
12.3      Any notice given by us will be given by email via the most recent email address we hold for you. We shall not be responsible for non-receipt of messages we send you.
 

1. Third-Party Applications.

You may encounter third party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Applications") that interact with the DAZN Service. Your use of these Applications may be subject to third party terms of use or license terms. We shall not be responsible nor liable in any way, for the terms of any third party applications you may use in conjunction with the DAZN Service.

1. Force Majeure

 
Neither us nor any third party rights holder shall have any liability to you for any delay or failure to deliver the DAZN Service to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of us or any third party rights holder including, but not limited to, the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the DAZN Service), telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement.
 

1. Waiver

 
No waiver by us or any third party rights holder shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions.
 

1. Third Party Rights

 
Clauses 2, 6, 10, 11, 13, 14 and 15 confer a benefit on third party rights holders and are intended to be enforceable by third party rights holder. Except as provided in this clause no person who is not a party to the contract governed by these Conditions has no rights to enforce any provision of these Conditions but this does not affect any right or remedy of a third party which exists or is available under the applicable law.
 
17.       Assignment
 
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Conditions.
 
18.       Severability
 
If a provision of these Conditions is determined to be unlawful and/or unenforceable, the validity of the rest of the Conditions shall remain unaffected. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
 
19.       Governing Law
 
These Conditions shall be exclusively governed by and construed in accordance with the laws of Japan and, to the extent permitted under the applicable law, you agree to irrevocably submit to the exclusive jurisdiction of the Tokyo District Court for the first instance.
 
Perform Investment Limited. is a Perform Group company, registered in United Kingdom and having its registered office at Hanover House, Plane Tree Crescent, Feltham, TW13 7BZ.
 
Last updated 13 Aug 2016