TERMS AND CONDITIONS OF USE – [21.06.2023]
1. About Us
1.1. Hello and welcome to the world of DAZN. We are a subscription service designed to provide our subscribers with access to a wide range of sports events from around the world streamed via our website and/or our App to a range of devices including Internet-connected TVs, computers and other platforms ("DAZN Service").
1.2. DAZN Limited is a DAZN Group company, registered in the United Kingdom and having its registered office at 12 Hammersmith Grove, London, England, W6 7AP and VAT number GB945612024.
1.3. The DAZN Service is provided to you by DAZN Limited (“We", "Us") We (and not a third-party payment provider) are solely responsible for the provision of the DAZN Service.
1.4. Please read these Terms and Conditions of Use ("Conditions") before subscribing to the DAZN Service. For the avoidance of doubt, any offers, promotions or discounts that you may receive may be subject to additional terms and conditions which either supersede 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.
1.5. Any other service provided by DAZN Limited or another DAZN Group company that has its own terms and conditions, will be governed by those terms and conditions and will not form part of the DAZN Service (unless those terms and conditions expressly state otherwise).
2. Key Terms of Use
2.1. A number of paid subscription plans are offered in respect of the DAZN Service, the price & entitlements of which (such as access to sports content, functionality and/or any other features) will be outlined at sign-up or in other communications made available to you prior to sign-up to the subscription plan (each a “Paid Subscription”). Certain sports events may only be available on a pay per view basis for which additional terms, as set out prior to sign-up, shall apply (“Add-On Event”). In certain territories, we also offer a free subscription for which additional terms may apply (“Free Subscription”). You can find specific details regarding your subscription plan by visiting the myAccount section.
2.2. We make available audio-visual coverage of sporting events (both live and on-demand), audio-visual highlights of sporting events and other related content as part of subscription plans and Add-On Events on the DAZN Service (the “Content”) of which the composition and availability may vary over time. Content is subject to certain restrictions including, but not limited to, territorial restrictions i.e. each territory will have different rights available, a catalogue of rights available to you in your territory as part of subscription plans can be seen on the home page of the DAZN site prior to sign-up.
2.3. We retain the right to change the price for Paid Subscriptions and Add-On Events (as further set out in section 4.8), change our subscription plans (including the addition or removal of a subscription plan(s)), and/or remove or alter any entitlements (such as the sports content, functionality and/or any other features) of your subscription plan at any time.
2.4. You will be required to register an account to enjoy the DAZN Service. To register an account: (a) you will be asked to provide certain information (such as your email address) and create a password; and (b) you may be asked to verify the information you have provided, as part of our security procedures. If you elect to make any changes to the details you provided when you registered the account, you may be asked to verify the information you have provided as part of our security procedures.
2.5. You cannot register an account with us if you are (and you confirm that when registering an account and/or signing-up for a subscription plan or Add-On Event that you are not) acting for purposes that relate to your trade, business, craft or profession.
2.6. Unless otherwise specified in your subscription plan, your account details are personal to you and must not be shared with anybody or made accessible to others.
2.7. You may access and enjoy the DAZN Service only in the country in which you have established your DAZN account. If you are verified as being entitled to portability (see our FAQs on this subject), you will be able to access the DAZN Service that you enjoy in your home country (i.e. where you established your account) when you are temporally present in another member state of the European Economic Area (“EEA”), irrespective of whether or not this version of the DAZN Service is usually available in that EEA member state.
2.8. We may, from time to time, modify these Conditions including but not limited to the following reasons: to address regulatory changes, to address changes to the service and for security purposes.
2.9. Revisions to these Conditions, any material changes to the nature of your subscription plan (but not for the avoidance of doubt changes to the Content which may vary as per section 2.2 above), and any change to our payment terms for Paid Subscriptions (including the amount payable)) will be notified to you by us via email notice to the most recent email address we hold for you at least 30 days prior to their entry into force. You will be deemed to have accepted these changes if you do not communicate your cancellation as per Section 5, to us in such 30-day period.
2.10. The DAZN Service and any Content viewed through the DAZN Service are for your personal and non-commercial use only. When you are a subscriber, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access the DAZN Service and to view the Content made available to you (depending on the subscription plan you have) on a streaming-only basis. Except for the foregoing limited licence, no right, title, or interest is granted or transferred to you. You agree not to use the DAZN Service for public performances.
2.11. Any Paid Subscription with a minimum initial term is subject to automatic renewal according to section 5.2 (unless either party chooses to terminate it in accordance with the Conditions) and is conditional on any required payment due from time to time being authorised by your supported payment provider or, if applicable, your subscription code or promotional code being valid and is at all times subject to these Conditions. For the avoidance of doubt, payment for Paid Subscriptions and Add-On Events will only be accepted from a payment provider based in the territory from which you wish to sign up to the DAZN Service.
2.12. Any Free Subscriptions will continue until either party chooses to terminate in accordance with the Conditions.
2.13. To the extent allowed under applicable law, 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 will be shared on an anonymous basis.
2.14. If you have a Paid Subscription, you may terminate in accordance with Sections 5.2 & 5.3. If you have a Free Subscription, you may terminate in accordance with Section 5.5. Our right to terminate the agreement is set out in Sections 5.2, 5.5 and 7.2. If we terminate your agreement with us other than pursuant to Sections 7.2.1, 7.2.2 and 7.2.3, and you have a Paid Subscription or have paid for an Add-On Event, you may be entitled to receive a pro-rata refund of any amounts you have pre-paid.
2.15. In the event that you breach your obligations under sections 2.5, 2.10 and/or 7.1.1, in particular by making the Content publicly available in commercial premises (such as restaurants, bars, hotels, clubhouses, gaming arcades, fitness studios, hospitals etc.), we are entitled to require you to pay to us, as liquidated damages, an amount calculated by multiplying the value of one standalone month for that subscription plan (as set out on the DAZN Service) by twenty (20), for each breach identified in the previous 12 months, to the maximum extent permitted under applicable law. The liquidated damages sum is also payable if you enable a third-party to make any part of the Content publicly available in commercial premises by providing the third-party with your user account details. You agree that the liquidated damages are reasonable and proportionate to protect us against unauthorized and fraudulent behaviour. The enforcement of the liquidated damages is without prejudice to any other remedy available to us where under these Conditions or otherwise.
3. Privacy
3.1. Our privacy policy is available at https://www.dazn.com/en-GB/help/articles/privacy-global (“Privacy Policy”). Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
4. The Financials
4.1. Your payment will only cover access to the relevant subscription plan and/or Add-On Event (as applicable). You are fully responsible for all charges relating to and equipment required for use of the DAZN Service. Telephone line and other communications or access costs may be charged to you separately by your ISP or relevant service provider. Payment for a Paid Subscription and/or Add-On Event must be made by an accepted payment method in your country as identified during sign up, for example credit card; debit card; PayPal or through another current, valid, accepted method of payment including supported third-party payment providers (“Payment Method”). The Payment Methods available will vary depending on the country in which you sign up to the DAZN Service. 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. In the event we incur a cost (e.g. for the bank charge) due to being unable to process a payment for reasons for which you are responsible or a payment being recalled, we may charge you such cost incurred.
4.2. For some Payment Methods, the issuer of your Payment Method may: (i) charge you certain fees, such as a foreign transaction fee or other fees relating to the processing of your Payment Method; and / or (ii) charge in a different currency than that which is advertised in your country. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
4.3. We reserve the right to refuse payments at our reasonable discretion including but not limited to, if we suspect fraudulent and/or illegal activity.
4.4. Subject to section 4.8, the price for a Paid Subscription and/or Add-On Event will be as outlined when you sign-up or in other communications made available to you prior to sign-up. The price for a Paid Subscription is billed on a monthly, annual or other basis, as set out and then chosen by you during sign-up for the Paid Subscription (with a monthly basis being the default if an annual or other basis is not available in your territory at the time of sign-up) to your chosen Payment Method on the calendar day corresponding to the commencement of your Paid Subscription or as otherwise specified by the issuer of your Payment Method. In some cases, the date for billing may change, for example if your subscription began on a day not contained in a given month or pursuant to notice provided under Section 2.9. The price for an Add-On Event is billed immediately to your chosen Payment Method on conclusion of your sign-up for the Add-On Event. Where we process your payment, we will process your payment on a secure site.
4.5. If your Payment Method is refused or you otherwise default in the payment of any amount due for the Paid Subscription and/or Add-On Event, then for the entire duration (or any part thereof) of the payment default, we may exercise our rights to refuse performance and withdraw access to the DAZN Service; refuse use of further services; and/or refuse further purchases. Our right to immediately suspend or terminate your access in accordance with Section 7.2 remains unaffected.
4.6. In respect of any Paid Subscription with a minimum term of at least 3 months and where payment is in instalments (e.g. on a monthly basis), if you default in the payment of any instalment then if the default is not remedied within a period of 5 days from the date the payment was due, all outstanding payments, up to the end of the minimum term of the Paid Subscription, will become due immediately and we may exercise our right to collect this outstanding payment to the maximum extent permitted under applicable law. For instance, any such outstanding payment may be collected by us via your chosen Payment Method or any other Payment Method provided by you to the DAZN Group, and includes where you subsequently attempt to resubscribe with the DAZN Service or obtain any other goods/services from the DAZN Group.
4.7. For Paid Subscriptions, you can view your next payment date and change your method of payment by visiting our website and clicking on "My Account", or by doing so through our app. If you signed up for a Paid Subscription using your account with a third party as a Payment Method, you may need to visit your account with the applicable third party to view payment information and change your method of payment.
4.8. Subject to the notice requirements at Section 2.9 above, we reserve the right to increase the price for Paid Subscriptions and/or Add-On Events at any time (for example due to changing market conditions, changes in the consumer price index (or equivalent in your territory, significant increases in our costs for procuring or providing the DAZN Service, or in the event of an increase in the local VAT, GST (or equivalent) rate), as well as ceasing to offer Free Subscriptions altogether. In accordance with your notice and cancellation rights set out in section 2.9, any price increases for Paid Subscriptions will apply at the earliest after thirty (30) days as of our e-mail notification to your most recently registered e-mail address.
4.9. If a price increase made pursuant to Sections 4.8 is more than 5% of the price applicable immediately prior to the date of the increase, you will be entitled to terminate your Paid Subscription at any time within the thirty (30) day period following the date of our notice of the increase, such termination to be deemed effective from the date on which the increase takes effect. If you do not terminate the contract or do not terminate it in time, your Paid Subscription will continue at the increased price. Your general right of termination pursuant to Section 5 remains unaffected.
4.10. In some instances, you may be offered the opportunity to suspend a Paid Subscription for a limited period by logging in to the “My Account” page. Where you have opted to suspend your Paid Subscription, your subscription will automatically restart at the end of such period on the date specified on the “My Account” page. On restart, the applicable amount due for your subscription will be payable, and your chosen Payment Method will be billed on the calendar day corresponding to the recommencement of your Paid Subscription (or as otherwise specified by the issuer of your Payment Method).
4.11. Pursuant to Section 17.1 and in respect of certain payment methods used by subscribers who sign-up in the EEA, we reserve the right to authorise DAZN Media Netherlands B.V. (a DAZN Group company registered in the Netherlands) to receive and/or collect payment in connection with the provision of the DAZN Service in the EEA, in which case such reception and payment shall be governed by the laws of the Netherlands.
5. Conclusion of the contract, Term, Renewal and Termination
5.1. The details and pricing in respect of the Paid Subscriptions and Add-On Events on the DAZN Service and in our marketing & promotions do not constitute a legally binding offer. By activating the purchase button (or, as the case may be, an equivalent button) you submit a legally binding offer to conclude a contract. The contract is concluded by our explicit confirmation of the contract. If you have not received such a confirmation, the contract is concluded when we provide you with access to the Content within the DAZN Service.
5.2. If no minimum initial term (e.g. 12 months) is specified at the point of sign-up for your Paid Subscription, your Paid Subscription begins on the day of the conclusion of the contract and has an indefinite term, but can be terminated at any time either by you or by us with a notice period of thirty (30) days. If a minimum initial term (e.g. 12 months) is specified at the point of sign-up for your Paid Subscription, your subscription will initially be for such minimum term and will then continue to be automatically extended by the length of the minimum term (or, if different, on the basis (if any) as was expressly specified at the point of sign-up for your Paid Subscription), unless the subscription is validly terminated by you by providing a minimum of thirty (30) days’ notice, such termination to take effect at the end of the (as applicable) initial or current subscription period. Our right to immediately suspend or terminate your access in accordance with Sections 4.5 and 7.2 remains unaffected.
5.3. You may terminate your Paid Subscription by logging in on the “My Account” page and clicking on the "Cancel Membership" button and this will be considered your providing us notice for the purposes of Section 5.2 (but for clarity termination remains subject to the applicable notice periods). Where you have terminated in accordance with section 5.2, you will continue to have access to the subscription plan until the end of your subscription period at which point it will terminate (or, if we offer Free Subscription in your territory, we may auto-enrol you onto a Free Subscription. If we auto-enrol you onto a Free Subscription, you can terminate such Free Subscription in accordance with Section 5.5). Subject to Section 6.5 or 7.2, any amounts already paid for the Paid Subscription will not be refunded in case of your cancellation.
5.4. If your Paid Subscription is not subject to a minimum term, then depending on the date you gave notice of termination in accordance with Section 5.2, your subscription may continue beyond the last Complete Billing Period, in which case we will charge to your chosen Payment Method (on your last billing date) a pro rata amount based on the number of days from the end of the last Complete Billing Period until date of termination. A “Complete Billing Period” is a period from the date on which you are billed for your Paid Subscription up to (but not including) the next date you are due to be billed for the same. By way of example for a user billed on a monthly basis, where the user is billed on 5 February, the Complete Billing Period is from 5 February to 4 March (both dates inclusive).
5.5. If you have a Free Subscription, your subscription will continue until it is terminated by you pursuant to this Section 5.5. We can terminate your Free Subscription at any time via email with a notice period of 7 days or pursuant to Section 7.2. You may cancel your Free Subscription account by logging in on the “My Account” page and requesting ‘Close my account’. You may cancel your Free Subscription at any time.
5.6. If you signed up for a Paid Subscription using your account with a third party as a Payment Method, additional terms may apply and if you wish to cancel your subscription to the DAZN Service, 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 DAZN Service through that third party. You may also find additional billing information about your Paid Subscription to the DAZN Service by visiting your account with the applicable third party.
5.7. Your purchase of an Add-On Event cannot be cancelled, unless stated otherwise at sign-up or in other communications made available to you prior to sign-up and subject to Section 5.8.
5.8. To the maximum extent permitted under applicable law, you hereby waive any right of withdrawal you may have under applicable law, and/or you acknowledge you will lose your right of withdrawal if you have streamed Content within the applicable withdrawal period (if any).
6. Technical Requirements and Provision of the DAZN Service
6.1. You are responsible for ensuring that you have and maintain all the hardware, software and connectivity (such as broadband) necessary to access, receive and view the DAZN Service.
6.2. We will use our reasonable endeavors to ensure that the DAZN Service is made available to you at all times. However, to the maximum extent permitted under applicable law, the DAZN Service is provided on an "as is" basis. Subject to Sections 6.4 and 11 below, 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, to the maximum extent permitted under applicable law, we make no representation or warranty in relation to the provision of the DAZN Service. This does not affect any other statutory rights you may have as a consumer. We (and not any third-party payment provider) are responsible for addressing any claims you or any third party may have in relation to the DAZN Service and/or your use of the DAZN Service.
6.5. In circumstances where there has been any failure of the DAZN Service to conform to any applicable warranty and you believe you are entitled to a refund, please contact us by visiting the “Contact Us” section of our website or app. Where you signed up for the DAZN Service using a third-party payment provider, you may notify your third-party payment provider of such failure, and your third-party payment provider may refund any applicable purchase price for the DAZN Service to you. To the maximum extent permitted by applicable law, that third party payment provider has no other warranty or obligation whatsoever with respect to the DAZN Service. Refunds (where applicable) will be processed via your selected Payment Method.
6.6. The resolution quality (for example, SD or HD as applicable) of the available Content may vary depending on factors such as the subscription plan, the device used, and/or the bandwidth available through and/or speed of your Internet connection. The recommended internet download speeds in respect of which are set out here depending on the type of device you use: https://my.dazn.com/help/how-fast-does-my-internet-need-to-be. You should check with your ISP for information on possible Internet data usage charges. We reserve the right to restrict access to Content in higher resolution quality (e.g. HD) for instance if network issues are being experienced, or charge an additional amount depending on your subscription plan chosen at sign-up.
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.
6.8. A list of devices that the DAZN Service can be used on can be accessed via our FAQ’s in the ‘supported devices’ section and you should check the list prior to using the DAZN Service. Pursuant to section 2.3, we reserve the right to remove or add to this list due to legal, technical or operational reasons.
7. Using the DAZN Services
7.1. We are the owner or licensee of all intellectual property rights in the DAZN Service (including 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. In the event of any third party claim that the DAZN Service or your use of the DAZN Service infringes that third party’s intellectual property rights, we (and not a third-party payment provider) are solely responsible for the investigation, defence, a potential settlement and potential discharge of such claim. You agree that you will:
7.1.1. use the DAZN Service for non-commercial purposes only without making any gain, whether financial or otherwise. You must not charge for viewing of the DAZN Service and you cannot use the DAZN Service to attract others to buy goods or services from you or anyone else or to attend any premises;
7.1.2. at any given time, only view the DAZN Service via a permitted device, a list of which can be accessed via our FAQ’s in the ‘supported devices’ section.
7.1.3. keep your password secure and never share passwords or other access codes with anyone or in any way make them accessible to others (unless otherwise (and only to the extent) stated in your subscription plan). You must notify DAZN as soon as you become aware of a potential or real security breach;
7.1.4. 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;
7.1.5. not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials or information through any means not purposely made available through the DAZN Service;
7.1.6. not alter, disassemble, decompile or reverse engineer any part of the DAZN Service and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
7.1.7. not embed the DAZN Service into any website, other service or display the contents of the DAZN Service surrounded or framed or otherwise surrounded by material not originating from Us without Our consent;
7.1.8. not view the DAZN Service where you allow members of the public to view the Content simultaneously or authorise,enable or procure any other person to do so; and
7.1.9. 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 immediately suspend or terminate your access to the DAZN Service or withdraw your access to any promotions, offers or discounts if we have reasonable grounds to believe:
7.2.1. your use of the DAZN Service is abusive, disruptive, excessive or against the interests of other subscribers;
7.2.2. there has been a breach of security on your account;
7.2.3. you are in breach of any of these Conditions;
7.2.4. we are requested to do so by a regulatory authority; and/or
7.2.5. we are required, or believe that it is necessary, to do so under applicable laws.
7.3. If appropriate in the circumstances we will take reasonable steps to inform you in advance of such termination, suspension or withdrawal. However, such notification may not always be possible.
7.4. Your subscription entitles you to stream Content using the DAZN Service on one (1) device at any one time, or such higher number of devices specified in your subscription plan (as outlined when you sign-up or in other communications made available to you).
7.5. There is a maximum number of devices that you can register under your account to access the DAZN Service (“Maximum Limit”) which will depend on your subscription plan and will be made clear to you when you sign up or via other communications made available to you. Once you have reached your Maximum Limit, you will only be entitled to make one (1) change to your registered devices each month, unless your subscription plan explicitly states otherwise.
7.6. In accordance with Section 7.1.3 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 and you may be asked to verify the information you have provided as part of our security procedures.
7.7 You shall have no right to make use of any names, words, symbols, emblems, logos, slogans, designs, program titles or depictions, trade dress, colours and helmet and uniform designs of third party rights holders (for example, the National Football League or its member clubs). These rights holders, including NFL International LLC and its affiliates may enforce violations of these Conditions with respect to their respective intellectual property rights directly against you.
8. Your Security Protection
8.1. 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.
9. Age Restriction
9.1. You must be the older of 18 years of age (or over), or the age of majority in your state, province or territory of residence, to become a user of the DAZN Service. By signing up and using the DAZN Service in accordance with these Conditions, you are deemed to represent and warrant to the foregoing.
10. Our rights in the event of your breach
10.1. You agree to fully compensate us in respect of any damages, costs and expenses (including reasonable legal fees) that we incur as a result of:
10.1.1. any negligent or willful and material misrepresentation, act or omission made by you in connection with your use of the DAZN Service;
10.1.2. any negligent or willful non-compliance by you with these Conditions; or
10.1.3. claims brought by third parties arising from or related to your negligent or willful access or use of the DAZN Service other than in accordance with these Conditions.
10.2. Damages within the meaning of Section 10.1. also comprise liabilities that we have towards our affiliates or our (including our affiliates’) licensors (including their affiliates) due to any of the events described in Sections 10.1.1. – 10.1.3.
11. Liability
11.1. We (including our third-party sport rightsholders) will not be liable to you or any third party for the (partial or total) delay, malfunction, suspension, interruption and/or unavailability (each constituting “Unavailability”) in the provision of the DAZN Service caused by:
11.1.1. any circumstance or event outside our control (as per Section 14.1) or chance;
11.1.2. tampering or unlawful interventions by third parties on services and equipment used by Us;
11.1.3. tampering or interventions on equipment that fall within the availability of you;
11.1.4. incorrect use of the DAZN Service by you;
11.1.5. malfunction / incorrect configurations of equipment used by you; or
11.1.6. by the Unavailability, the lack of available bandwidth, or the lack of appropriate speed of an access service (such as a delivery network or your internet connection).
11.2. We won’t be liable for any possible damages arising from your breach of any of user’s obligations according to these Conditions. Except as expressly stated in this Agreement, and subject to section 11.4, all warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the fullest extent permitted by law.
11.3. Subject to Section 11.4, our liability to you arising by reason of or in connection with this Agreement and the supply of your subscription plan as part of the DAZN Service to you will, to the maximum extent permitted by applicable law, be:
11.3.1. if your Paid Subscription is for a minimum initial term (e.g. 12 months), limited to the amount you paid or are due to pay for that minimum initial term; or
11.3.2. if no minimum initial term is specified at the point of sign-up for your Paid Subscription, limited to the amount payable by you for one month of your subscription.
11.4. Nothing in these Conditions will exclude or limit the liability of us and/or any third-party rights holder for (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) any other losses which cannot be excluded or limited by applicable law. Likewise, your potential further mandatory statutory rights as a consumer will remain unaffected.
11.5. 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.
11.6. 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.
12. Contact Us
12.1. You can contact us whether to discuss technical problems or for any other reason by using the “Contact Us” section of our website or 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, which may include your billing address in order to assist you or to identify your subscription. We (and not any third-party payment provider) are responsible for providing all maintenance and support with respect to the DAZN Service.
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 will not be responsible for non-receipt of messages we send you.
13. Third-Party Applications.
13.1. 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 with which you must comply. We will 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.
14. Events outside our control
14.1. 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, disease, epidemic, pandemic (such as COVID-19), fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, industrial disputes and the cancellation or postponement of any event.
15. Waiver
15.1. 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.
16. Third Party Rights
Third party rights holders and payment providers who are entitled to any right or remedy under the Conditions will be able to enforce any such provisions of these Conditions against you.
17. Transferring this agreement to someone else
17.1. Subject to 17.2, we may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Conditions without notifying you or obtaining your consent.
17.2. In the event of a transfer of this entire agreement with you to a third party, we will notify you of the transfer and you will have the right to withdraw from the agreement by declaration to us within the period set out in our notification.
17.3. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Conditions.
18. Severability
18.1. If a provision of these Conditions is determined to be unlawful and/or unenforceable, the validity of the rest of the Conditions will remain unaffected.
18.2. 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.
18.3. This English version of the Conditions will prevail over any translations of the Conditions (DAZN being under no obligation in respect of providing translations of the Conditions, to the maximum extent permitted under applicable law).
19. Governing Law
19.1. These Conditions shall be exclusively governed by and construed in accordance with the laws of England and Wales to the extent permitted by law. Mandatory consumer protection law of your country shall remain unaffected.
20. Dispute resolution proceedings
20.1. We prefer to solve your requests directly with you. For this purpose, please use do not hesitate to contact us by visiting the “Contact Us” section of our website or app.
ADDITIONAL TERMS APPLICABLE TO SUBSCRIBERS ON THE DAZN LINEAR CHANNEL:
1.About the Additional Terms
1.1 These Additional Terms applicable to subscribers on the DAZN linear channel (the “Additional Terms”) apply to you where you have purchased a subscription which includes access to the content on the DAZN Service made available via the Channels and you are using a Digibox and a Viewing Card to access the Channels on the Sky Digital Satellite Platform (the “Linear Service”).
1.2 The Additional Terms form part of the Conditions and apply in addition to the Conditions. Unless otherwise stated, nothing in the Additional Terms is intended to limit or alter any of the Conditions. Where there is a conflict between the Conditions and the Additional Terms, the Additional Terms shall prevail.
1.3 Capitalised terms used in the Additional Terms without definition shall have the meanings assigned to them in the Conditions.
1.4 Subject to section 1.5 of these Additional Terms, the definition of the DAZN Service in the Conditions shall be extended to also include the Linear Service for the purpose of these Additional Terms.
1.5 Notwithstanding anything in the Conditions, where you purchase an Add-On Event via the Linear Service, this only entitles you to view such Add-On Event on the Linear Service (and for the avoidance of doubt not also on the DAZN Service). If you wish to also view the Add-On Event on the DAZN Service, you can do so by purchasing it separately in the My Account section of our website (but for the avoidance of doubt any purchase of an Add-On Event on the DAZN Service does not entitle you to watch such Add-On Event on the Linear Service).
2. Definitions
“Address” means your home address in the United Kingdom;
“Channels” means the linear channels named DAZN 1 and DAZN PPV, as may be updated or changed by DAZN in its sole discretion from time to time in accordance with the Conditions;
“Digibox” means an authorised satellite decoder using Sky or SSSL’s conditional access (encryption) system;
“Sky” means Sky UK Limited;
“SSSL” means Sky Subscribers Services Limited;
“Viewing Card” means the card that will allow you to receive the Linear Service when used with a Digibox.
3. Viewing Card
3.1 Your Viewing Card acts as a key so that you can unlock (unencrypt) the Linear Service. Having the Viewing Card does not mean you have a right to own the Viewing Card after it is sent to you. The Viewing Card remains the property of Sky and/or SSSL. If we, Sky and/or SSSL ask you to, you must return the Viewing Card after your subscription comes to an end or if we/SSSL require you to return it when you are sent a replacement.
3.2 Only you may use the Viewing Card which we, Sky or SSSL send you. You can only use the Viewing Card at your Address and in the Digibox with which it is first used to receive the Linear Service.
3.3 You must only use your Viewing Card for private viewing purposes, and you must not use it for commercial or business purposes. For the avoidance of doubt, section 2.15 of the Conditions also applies where you breach this section 3.3 of the Additional Terms.
3.4 You must not give your Viewing Card to anybody else (other than us, Sky or SSSL if required to do so under these Additional Terms), and doing so constitutes a breach of these Additional Terms and we reserve the right to immediately cancel your Viewing Card without refund or other compensation.
3.5 You must not tamper with the Viewing Card, or use it for anything that is not authorized by us, Sky or SSSL.
3.6 Your Viewing Card must not be used outside the UK and any change of Address must be notified to us immediately.
3.7 In order to continue to receive the Linear Service without interruption your Viewing Card must be kept in your Digibox at all times and you will need to keep the Digibox connected to a mains supply and suitable satellite dish and in standby mode when not in use. You must allow us, Sky or SSSL to update the software in your Digibox by sending additional signals via satellite to your Digibox. The software in your Digibox remains SSSL’s property.
3.8 We shall be entitled to disclose your name address and information on the Linear Service you receive via the Viewing Card as part of the proper administration of the digital satellite system.
3.9 Your subscription entitles you to access the Linear Service via the Viewing Card on one (1) Digibox, or such higher number as specified in your subscription plan (as outlined when you sign-up or in other communications made available to you).
3.10 Any bookings or orders made within five (5) hours of an Add-On Event or another significant sporting event (e.g. a boxing main event made available as part of your Paid Subscription) start time may result in a delay in validating your Viewing Card.
4. The Channels
4.1 We reserve the right to change, replace or withdraw the Content, or any advertised program, on any of the Channels, or change the number of hours of any of the Channels, in accordance with the Conditions.
4.2 We may encrypt or unencrypt any Channel at any time and may transfer programming between Channels.
4.3 We may change, remove or add any Channel at our sole discretion. If any change under this section affects the price you pay for access to the Linear Service, we will notify you in accordance with the Conditions.
5. Governing Law
5.1 These Additional Terms shall be exclusively governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Additional Terms.