Premier Sports Player — Terms & Conditions

1. General

1.1 About Premier Sports Player

Premier Sports Player is an internet-based streaming service that gives access to live and on-demand sports coverage through Passes (described in Section 2.3) ("Premier Sports Player"). It is available on our website at www.premiersports.com (the "Website") and through our apps for supported devices (the "App"). The devices that support Premier Sports Player are listed on the Website.

Premier Sports Player is provided by Premier Media Asian Enterprises Ltd, a company incorporated in the Republic of Ireland with its registered office at Broadcasting House, 3a Prince's Street South, Dublin 2, D02 A520, Republic of Ireland, with company number 697619 (the "Company", "we", "us" or "our").

1.2 These Terms & Conditions

These Terms & Conditions (the "Terms") are an agreement between you, the Premier Sports Player account holder and the person who pays for any Pass ("you" or "your"), and the Company. They govern your use of Premier Sports Player and apply for as long as you have a Premier Sports Player account.

You are responsible for making sure that anyone who uses Premier Sports Player through your account complies with these Terms. By accepting these Terms, you confirm that you agree to them and that you will make sure any users of your account comply with them where relevant.

We only use your personal information in accordance with our privacy notice, which is available on the Website.

1.3 Who these Terms apply to

These Terms apply to Passes you buy directly from us on the Website or in the App through our own checkout.

If you buy a Pass as an in-app purchase through an app store (for example Apple's App Store or Google Play), the app store is the seller. It takes your payment, and its own terms govern payment, refunds and cancellation of that purchase. These Terms continue to govern your use of Premier Sports Player itself. Nothing in this Section affects any rights you have against the app store as the seller, or any rights you have that cannot be excluded by law.

2. Your account, Passes and where you can watch

2.1 Requirements for a Premier Sports Player account

To create an account and buy a Pass, you must:

·        have reached the age of 18;

·        provide a valid email address (this will be your login username, and we will use it to send you your order confirmation and important information about your Pass);

·        be located in one of the Available Territories for the Pass when you buy it and when you watch it (see Section 2.4);

·        be a natural person (that is, not a company or other business);

·        provide valid payment details; and

·        accept and agree to be bound by these Terms.

You agree that the information you give us is true and correct, and that you will keep it up to date.

2.2 Username and password

You are responsible for all activity on your Premier Sports Player account. Your account is personal and must not be shared with anyone outside your household. Anyone outside your household who uses the account is an unauthorised user.

If you suspect that an unauthorised user has access to your account, you must tell us immediately, change your password and log out of all devices. If we have reason to believe your account has been misused, we may suspend your access immediately while we investigate.

2.3 Passes

A Pass gives you access, for a fixed period (the "Access Period"), to coverage of the competition or event named in the Pass. Before you buy, the Website shows you:

·        the name of the Pass;

·        what it includes;

·        its price;

·        its Access Period; and

·        the countries where it is available.

We confirm these in your order confirmation email. Together they are the "Pass Details", and they form part of your contract with us.

·        A Pass is a one-off purchase. It is not a subscription, it does not renew automatically, and you will not be charged again for it.

·        A Pass includes only the coverage described in its Pass Details. It does not include any other content that may appear on Premier Sports Player. That content is not available to you through your Pass, and may not be available in your country at all.

·        Live coverage is available as each match or event takes place. Replays and highlights are included only where the Pass Details say so and we hold the rights to show them, and only until the end of the Access Period.

·        We do not control the schedule. Dates and times are set by the organisers and may change (see Section 5.5).

2.4 Where you can watch

Each Pass can only be bought for, and its coverage watched in, the countries listed in its Pass Details (the "Available Territories"). We may check your location when you buy and when you watch. Coverage will not be available while you are outside the Available Territories, except as set out in the next paragraph. You must not use any virtual private network (VPN), proxy server or other technology to obscure, alter or disguise your location or IP address. Unless the law of your country requires otherwise, we cannot give a refund because you were unable to watch while outside the Available Territories.

If you live in the European Union. If you are habitually resident in a Member State of the European Union that is one of the Available Territories for your Pass, you may also watch your Pass coverage while you are temporarily present in another Member State, as required by Regulation (EU) 2017/1128 on cross-border portability of online content services. To make this possible, we are required to verify your Member State of residence when you buy a Pass. We do this using the means permitted by that Regulation, such as your payment details or IP address.

2.5 Technical requirements and updates

To use Premier Sports Player you need an internet-connected device that meets our technical requirements; see the device list on the Website. Meeting these requirements does not guarantee uninterrupted or error-free viewing. Picture quality can vary with your location, internet connection and bandwidth.

We may change the system requirements and supported devices, for example for security reasons. This may mean that some hardware or software no longer works with Premier Sports Player.

We may update the Website and the App for security or technical reasons. You are responsible for installing App updates promptly, including any update to your device's operating system that the App needs. We cannot guarantee that every version of the App will work on every device.

2.6 Streams and downloads

Your account allows one (1) active stream at a time. Logging in on a second device will log out the first.

Where coverage can be downloaded for offline viewing on supported devices, downloads are subject to the same territory rules as streaming (Section 2.4) and expire at the end of the Access Period.

2.7 Unlawful use of Premier Sports Player

All content on Premier Sports Player, including video, logos, artwork and the underlying software, is protected by copyright and other intellectual property laws. We may monitor access patterns, device usage and login activity to detect and prevent unauthorised use. You must not, and must not enable anyone else to:

·        copy, record, store, capture, re-host or redistribute any content from Premier Sports Player, except as permitted by applicable copyright law;

·        show or exhibit any part of Premier Sports Player in public (for example in bars, clubs, offices, restaurants or other commercial premises), even if no entrance fee is charged, or otherwise use it in any way that directly or indirectly generates commercial gain; or

·        bypass or circumvent any security, geo-restriction or rights management measure protecting Premier Sports Player, or reverse engineer, decompile, modify or otherwise tamper with the Website, the App or their underlying software.

Any of these is a material breach of these Terms and may lead to immediate suspension or termination of your access under Section 6.2. We and our licensors may also take legal action to the extent permitted by law.

3. Price and payment

3.1 Price and payment

The price of a Pass is shown before you buy. It is charged in full, once, when you complete your purchase, using the payment method you provide. Prices are in US dollars unless another currency is shown at checkout. They include any sales tax, VAT or similar tax that we are required to collect in your country. Your bank or card provider may charge currency conversion or transaction fees, and your internet or mobile provider may charge for data. These are not included in our price.

3.2 Payment security

Your payment details are processed and stored by us or our payment provider in accordance with the Payment Card Industry Data Security Standard (PCI DSS).

3.3 Promotional codes

We may offer promotional codes or discounted Passes from time to time. Each is subject to the conditions shown with it, may be limited to one use per household, and cannot be exchanged for cash.

3.4 Price changes

We may change the price of Passes from time to time. A price change never affects a Pass you have already bought.

3.5 Disputed payments

If you dispute a payment with your bank or card provider and the payment is reversed, we may suspend your Pass until the dispute is resolved. This does not affect your right to dispute a payment.

4. Errors in the service

If Premier Sports Player or the coverage included in your Pass does not work as described, and the problem is not caused by you, your device, your connection or anyone using your account, you may be entitled to remedies under the consumer law of the country where you live (for example, having the problem fixed, a price reduction or a refund). To claim a remedy, contact us (see Section 9) with your account email address, a description of the problem and the date and time it occurred. If the problem may be caused by your device, software or network, please work with us so that we can find where it comes from.

The availability of Premier Sports Player may be affected by events outside our control, such as internet outages or problems with your internet provider, for which we are not responsible.

5. Cancellation and refunds

5.1 Your right to withdraw

Depending on where you live, consumer law may give you the right to withdraw from an online purchase within a set period without giving a reason. For example, consumers in the European Union may withdraw within fourteen (14) days, beginning on the day the contract is concluded. Where you have that right, this Section 5 explains how it applies to a Pass.

5.2 Immediate access and loss of the right to withdraw

A Pass is made available to you straight away. If you buy before the first match or event covered by your Pass, coverage becomes available when it starts. So, before you complete your purchase, we will ask you to:

·        expressly consent to us making your Pass available immediately, during any withdrawal period; and

·        acknowledge that you will lose your right to withdraw once you gain access to coverage of any match or event covered by your Pass.

We will confirm that consent and acknowledgement to you on a durable medium (normally your order confirmation email) at the time of purchase.

Once you have given that consent and acknowledgement, and you gain access to coverage of any match or event covered by your Pass, you lose your right to withdraw from that purchase and your right to a refund of it, to the extent the law of your country allows.

If you have not yet gained access to coverage of any match or event covered by your Pass, you may still withdraw within the withdrawal period and we will refund you in full.

5.3 How to withdraw, and how we refund

To withdraw, tell us by a clear statement before the withdrawal period ends, by emailing us at the address in Section 9. You may use the model withdrawal form in Annex 1, but you do not have to.

We will refund you without undue delay, and no later than fourteen (14) days after the day we are told of your decision. We will use the same payment method you used for the purchase, unless you expressly agree otherwise. You will not pay any fee for the refund.

5.4 Passes bought through an app store

If you bought your Pass through an app store (see Section 1.3), any right to withdraw and any refund are handled by that app store, under its terms and its process, not by us.

5.5 Changes to matches, events or the competition

Dates and times are set by the organisers and may change. If a match or event covered by your Pass is rescheduled to a time within the Access Period, your Pass covers it at its new time.

If the competition or event is cancelled, or we are unable to show a substantial part of the coverage included in your Pass for reasons other than your own device, connection or location, we will offer you a refund in proportion to the coverage you did not receive. If the competition or event is cancelled before you have gained access to any of its coverage, we will refund you in full.

5.6 Your other rights are unaffected

Nothing in this Section 5 affects your rights where Premier Sports Player or your Pass coverage is faulty or not as described (see Section 4), or any other right you have under the law of your country that cannot be excluded.

6. When your Pass ends

6.1 The end of your Access Period

Your Pass ends automatically at the end of its Access Period. It does not renew, and you do not need to cancel anything. You may stop using Premier Sports Player at any time, and you can ask us to delete your account by contacting us (Section 9). Unless Section 4 or Section 5 applies, or the law of your country requires otherwise, stopping early does not entitle you to a refund for the remainder of the Access Period.

6.2 Our right to suspend or end your access

We may suspend or end your access to Premier Sports Player, including any Pass, only where:

·        (a) you seriously or repeatedly breach these Terms, including where you:

·        provide false, inaccurate or misleading information to us;

·        share your login details or access with anyone outside your household;

·        use Premier Sports Player for any commercial or public exhibition purpose;

·        use a VPN, proxy or other technology to disguise your location, or watch from outside the Available Territories other than as permitted by Section 2.4;

·        tamper with or circumvent any security, geo-restriction or rights management technology; or

·        record, capture, redistribute or otherwise unlawfully exploit any content (see Section 2.7);

·        (b) we are required to do so by law, a court order, a regulator or one of our content licensors; or

·        (c) Section 6.3 applies.

If we end your access to a Pass under (b) or (c), we will refund the proportion of the price you paid for the part of the Access Period you lose, unless the law prevents us from doing so.

6.3 Sanctions and payment restrictions

We may refuse an order, or cancel a Pass, where supplying it would breach sanctions, export control or similar laws that apply to us or to our payment and service providers, or where those providers cannot process the payment. If we cancel a Pass for this reason, we will refund the price you paid, unless the law prevents us from doing so.

7. Changes to Premier Sports Player and to these Terms

We work continually to improve Premier Sports Player, so its features and the content available on it may change. We may update these Terms for technical, operational, security or legal reasons, or because of changes required by our content licensors.

A change will not reduce what you are entitled to under a Pass you have already bought, unless the law, a regulator or a content licensor requires it. If such a change has more than a minor negative effect on you, we will tell you by email before it takes effect where we can. You may then end your Pass and we will refund the proportion of the price you paid for the part of the Access Period you lose.

8. Additional legal terms

8.1 Liability

What we do not exclude. We do not exclude or limit our liability to you where it would be unlawful to do so under the law of the country where you live. This includes liability for death or personal injury caused by our negligence, and for fraud or fraudulent misrepresentation.

Service interruptions. We are not liable for any failure or delay in providing Premier Sports Player that is caused by events outside our reasonable control (see Section 8.9).

Foreseeable loss. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our negligence. We are not responsible for loss or damage that is not foreseeable. Premier Sports Player is for domestic and private use only, so we are not responsible for any business losses (for example loss of profit).

Limit. Where the law of the country where you live allows us to limit our liability, and subject always to "What we do not exclude" above, our total liability to you arising out of or in connection with these Terms or your use of Premier Sports Player shall not exceed the total amount you paid us for Passes in the twelve (12) months before the event giving rise to the claim.

Links. The Website may link to other websites that we do not control. We are not responsible for their content.

8.2 Responsibility for misuse

To the extent permitted by the law of your country, you are responsible for losses we or our licensors suffer as a direct result of your breach of Section 2.7 (Unlawful use of Premier Sports Player). This includes, for example, showing coverage in public or redistributing it.

8.3 Invalidity

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply.

8.4 Survival

The end of a Pass or of your account does not affect any rights, remedies, obligations or liabilities that have arisen up to that date. The following provisions continue to apply after these Terms end: "Unlawful use of Premier Sports Player", "Liability", "Responsibility for misuse", "Invalidity", "Survival", "No waiver", "Entire agreement", "Transfer", "Governing law and disputes" and "Force majeure", together with any other provision that is by its nature intended to continue.

8.5 No waiver

If we do not enforce, or delay enforcing, any right under these Terms, we have not given up that right and may still enforce it later. A waiver by us is only effective if given in writing.

8.6 Entire agreement

These Terms, the Pass Details, your order confirmation, and the policies and notices these Terms refer to (including our privacy notice), together form the entire agreement between you and us about your use of Premier Sports Player. Nothing in this Section limits or excludes liability for fraud or fraudulent misrepresentation.

8.7 Transfer

You may not transfer your rights or obligations under these Terms, and a Pass may not be sold or transferred to anyone else. We may transfer our rights and obligations under these Terms to a third party or to another company in our group. If a transfer would materially affect your rights, we will tell you, and you may end your Pass before the transfer takes effect and receive a refund of the proportion of the price you paid for the part of the Access Period you lose.

8.8 Governing law and disputes

These Terms are governed by the laws of Ireland. If you are a consumer, you also benefit from any mandatory provisions of the law of the country where you live, and nothing in these Terms, including this choice of law, affects your right to rely on them. You may bring legal proceedings about these Terms in the courts of Ireland, or in the courts of the country where you live where the law of that country gives you that right.

8.9 Force majeure

We are not liable to you if our performance under these Terms, or the availability or functionality of Premier Sports Player, is restricted, prevented or delayed by any event or circumstance beyond our reasonable control (a "Force Majeure Event"). Force Majeure Events include, without limitation:

·        acts of God; war, armed conflict, terrorism, civil unrest, riot or sanctions;

·        epidemic, pandemic or public health emergency;

·        fire, flood, earthquake, storm or other natural disaster;

·        failure or interruption of telecommunications, internet, power or other utilities;

·        failure, interruption or outage of third-party cloud, hosting, content delivery or distribution infrastructure;

·        cyber-attack, denial-of-service attack or similar malicious act;

·        loss, revocation, suspension or non-renewal of broadcasting, distribution or content licences;

·        embargoes, import or export restrictions, or governmental orders, directives or regulations;

·        strikes, lockouts or other industrial action; and

·        any act, default or omission of a third-party rights-holder, competition organiser, licensor, supplier or distribution partner.

This Section does not affect any refund you are entitled to under Section 5.5 or under the law of your country.

8.10 Language and your copy of these Terms

These Terms are available in English and may also be available in other languages. If we provide a translation, the English version prevails, except where the law of your country requires otherwise. We do not keep an individual copy of the contract between you and us on file for you. Please save or print a copy of these Terms when you buy a Pass; your order confirmation email also contains a link to them.

9. Contact us and complaints

If you have a question, need help with your Pass, or want to make a complaint or withdraw from a purchase, email us at globalsupport@premiersports.com, or use any help or contact option shown on the Website.

If we cannot resolve your complaint, you may be able to refer it to an alternative dispute resolution (ADR) body. If that happens, we will tell you which ADR body can deal with your complaint and whether we will take part. If you live in the European Union, you can also get free advice and help with a complaint about a business in another EU country from the European Consumer Centre in your country (part of the ECC-Net network). None of this affects your right to go to court.